Cemeteries, Crown Jewels, Fakes, and War

Recent cultural heritage events remind me that protection is often weakest before anyone thinks to call it protection. A cemetery becomes “vacant” land. A museum becomes a little too open. A forged provenance becomes plausible enough. A customs rule turns movement into uncertainty. A damaged monument returns to Italy. The dramatic theft still has its place. Crown jewels stolen from the Louvre will always draw attention. But the quieter stories may tell us more about how heritage is actually lost: slowly, administratively, through development pressure, through market incentives that reward thin provenance and quick sales, and sometimes violently, in the gap between what the law promises and what institutions are prepared to do.

Heritage can also disappear through neglect, development, poor records, wishful thinking, legal uncertainty, military force, or a stamp on the back of a painting that looks just plausible enough.

In Northeast Houston, residents are raising concerns that development may threaten an abandoned Black cemetery. The legally recognized cemetery parcel is small, but longtime resident Roscoe Bluitt remembers headstones extending more widely into the wooded land nearby. A 2014 survey reportedly identified possible graves at least partly outside the known cemetery boundaries, and Houston officials have placed a stop-work order on the site while the next steps are considered. Advocates are now calling for a more thorough investigation, potentially including ground-penetrating radar.

Roscoe Bluitt, a lifelong resident of northeast Houston, describes his memories of a now abandoned Black cemetery where developers are clearing a nearby property. Jason Fochtman/Houston Chronicle

The story is painfully familiar. Burial grounds, especially Black cemeteries, are often “forgotten” only after systems of ownership, recordkeeping, maintenance, and development have made them easy to ignore. By the time a neighbor notices bulldozers, the law is already playing catch-up. The question is not simply whether a parcel is listed as a cemetery. It is whether the community, the city, the developer, and the state are willing to ask what may have been missed.

A very different kind of vulnerability is on display in the continuing discussion of museum security after the Louvre crown jewels theft. The New York Times recently used that heist to examine a broader design problem for museums: how to protect collections without turning institutions into fortresses. The article notes not only the Louvre robbery, but also thefts from an off-site storage facility of the Oakland Museum of California, damage at Chihuly Garden and Glass in Seattle, and the recent theft of works by Renoir, Cézanne, and Matisse from the Magnani-Rocca Foundation near Parma.

The challenge is that the museum ideal of openness sits uneasily with the needs of security. Glass, light, gardens, open galleries, and accessible storage can all help museums feel less forbidding. They can also create blind spots, entry points, or tempting routes of escape. The best security seems to be less about a single dramatic barrier and more about layers: thoughtful site design, sightlines, lighting, staffing, cameras, object-level alarms, and best of all the good old-fashioned human response. A camera, as one consultant put it, cannot get out of its chair.

Then there are the fakes. A father and daughter have pleaded guilty in connection with a multimillion-dollar forgery scheme involving works presented as Banksy, Andy Warhol, Andrew Wyeth, Richard Mayhew, Raimonds Staprans, Fritz Scholder, and others. Prosecutors described a scheme using forged works made in Poland, antique paper, and fabricated gallery stamps from defunct galleries to make the objects appear more credible. Forgery stories are often treated as colorful art-world scandals, and they are that. But they also show how fragile the market’s trust mechanisms can be in a market that continues to value privacy and discretion. Provenance is not just a nice story attached to an object.

This photo provided by Tulane University classical archeologist Susann Lusnia in October 2025 shows the 1,900-year-old grave marker of a Roman sailor named Sextus Congenius Verus, discovered in a New Orleans backyard.
This photo provided by Tulane University classical archeologist Susann Lusnia in October 2025 shows the 1,900-year-old grave marker of a Roman sailor named Sextus Congenius Verus, discovered in a New Orleans backyard. (Susann Lusnia via AP)

There was also a quieter and more hopeful story this week. A nearly 2,000-year-old Roman grave marker discovered in a New Orleans backyard has been returned to Italy. The marble epitaph, dedicated to Sextus Congenius Verus, was eventually matched to an object missing from a museum in Civitavecchia, near Rome. The likely path to New Orleans seems to have involved a U.S. soldier who served in Italy and later kept the stone at his home. The FBI coordinated the return, and the object is now headed back.

The movement of objects is also being shaped by a less romantic force: tariffs. The Art Newspaper reports that after the U.S. Supreme Court struck down President Trump’s unilateral tariffs as unconstitutional, the administration imposed a new tariff regime of up to 15 percent under a different emergency powers law, prompting further litigation and continued uncertainty for the art and antiques trade. Dealers described confusion over whether exemptions for antiques over 100 years old will remain secure, and whether shipping, tariffs, and fuel surcharges will make some transactions commercially impossible. Tariffs may seem far removed from grave markers, forged art, or museum alarms. But they matter because cultural objects move through ordinary commercial channels. Dealers, collectors, museums, conservators, shippers, and customs brokers all operate inside systems of cost and uncertainty. When the rules shift suddenly, especially around imports, the market adjusts. One suspects, uncertainty makes the already opaque parts of the trade even harder to see.

Finally, a much darker reminder that cultural heritage protection cannot be separated from the conduct of war. More than 200 scholars and cultural professionals (including me) signed a statement criticizing damage to Iranian cultural heritage during U.S.-Israeli strikes and the international response to that damage. The statement invokes the 1954 Hague Convention and argues that more than 130 registered UNESCO and national monuments and museums have reportedly been damaged since the start of the conflict. It also criticizes international institutions for what the signatories view as an inadequate response when powerful states are involved.

The Art Newspaper’s coverage notes reported damage to sites including Golestan Palace in Tehran, the Chehel Sotoun building of the Persian Garden in Isfahan, the Jame Mosque of Isfahan, and sites near the Prehistoric Sites of the Khorramabad Valley. UNESCO has acknowledged damage and expressed concern, while the statement’s organizers argue that concern is not enough when legal protections lack enforcement.

This is the hard edge of cultural heritage law. The 1954 Hague Convention rests on the premise that damage to cultural property belonging to any people is a loss to all humanity. But that principle is only as strong as the willingness of states and institutions to apply it consistently. The problem is not that we lack legal language. What is often missing is consequence.

Taken together, these stories point to the same larger lesson. Cultural heritage protection is not a single switch that the law turns on after something has gone wrong. The law matters. But the law often arrives late. The harder work is to build protection into ordinary practice, before the bulldozer, before the ancient stone becomes patio décor, and before a historic site is reduced to a damage assessment. Heritage is most vulnerable where attention is weakest.

Sam González Kelly, Houston Residents Worry Development Threatens a Black Cemetery. They’re Fighting to Protect It., Houston Chronicle (May 1, 2026), https://www.houstonchronicle.com/news/houston-texas/article/black-cemetery-history-construction-22218009.php , archived at https://perma.cc/WJ6H-3J27.

Sam Lubell, After the Heists: Securing Museums Without Closing Them Off, The New York Times (Apr. 18, 2026), https://www.nytimes.com/2026/04/18/arts/design/museums-security.html.

Jake Offenhartz, Father and Daughter Admit to $2M Banksy and Warhol Art Forgery Scam, Independent, https://uk.news.yahoo.com/father-daughter-admit-2m-banksy-082920547.html, archived at https://perma.cc/HCQ6-5HZX (last visited May 2, 2026).

More than 200 Cultural Figures Sign Statement Criticising International Response to Destruction of Iran’s Heritage, The Art Newspaper – International art news and events, https://www.theartnewspaper.com/2026/04/15/more-than-200-cultural-figures-sign-statement-criticising-international-response-to-destruction-of-iran-heritage (last visited May 2, 2026).

Ancient Roman Gravestone Found in New Orleans Back Yard Returned to Italy, the Guardian, https://www.theguardian.com/science/2026/may/01/roman-gravestone-new-orleans-returned-italy, archived at https://perma.cc/75LC-7R43 (last visited May 2, 2026).

Art Trade Adjusting after US Supreme Court Struck down Trump’s Extreme Tariffs, The Art Newspaper – International art news and events, https://www.theartnewspaper.com/2026/05/01/trump-tariffs-struck-down-supreme-court-art-trade-adjusts (last visited May 2, 2026).

Essay on Financial Innovation and the Market for Pop Art

Jasper Johns ‘Flag’ (1954-55) Museum of Modern Art, New York. The work was included in an exhibition at the Leo Castelli Gallery in 1958.

The art market owes much of its success to tax policy. A new essay in the Columbia Journal of Law & the Arts examines many of the financial structures used by Pop Art gallerist Leo Castelli in the middle of the 20th Century. The Essay is authored by Michael W. Maizels (visiting researcher at the Harvard metaLAB) and William E. Foster (Associate Dean for Academic Affairs at Arkansas School of Law)

This essay focuses on the efforts of an enterprising art gallerist, Leo Castelli, to aggressively promote his stable of Pop artists through the development of several financial structures, including some designed to leverage the relatively generous income tax deductions and anemic enforcement regime of the time. In doing so, Castelli not only seeded the ground for the international ascendance of American visual art, but also engineered financial arrangements that fostered the development of a lucrative and resilient art market that endures to this day. With the aim to provide insights into both the legal-political and the art historical registers, this essay describes a tax law framework that provides a key piece missing from the art historical puzzle.

Maizels, Michael and Foster, William E., The Gallerist’s Gambit: Financial Innovation, Tax Law, and the Making of the Contemporary Art Market (November 21, 2019). Columbia Journal of Law & the Arts, Vol. 42, No. 2, 2019. Available at SSRN: https://ssrn.com/abstract=3491207 or http://dx.doi.org/10.2139/ssrn.3491207

What Blockchain can (and can’t) do for the antiquities trade

Can Blockchain help ensure the Metropolitan Museum will not acquire more looted material like this Gilded Coffin?

Last March I participated in Cardozo’s Arts and Entertainment Law Journal Spring Symposium on the topic of Digital Art & Blockchain. I learned a lot about this new technology, and wrote a bit about how Blockchain can impact the antiquities trade. Here’s the abstract to my essay:

Blockchain, the technology underpinning Bitcoin and other digital currencies, offers promise to shift the gathering and sharing of information in profound ways. It could help form a new kind of financial system that limits current inefficiencies, or even radically change how parties enter into contract, or monitor supply chains. The technology’s distributed ledger allows users in a network to monitor and access peer-to-peer digital transactions in real time. This digital ledger allows users to maintain this information securely by encrypting and allowing access only to those who have permission, given by cryptographic keys.

For the art market, blockchain offers a tantalizing possibility: a verifiable provenance research platform that would eliminate or minimize the problems with title history, authenticity, and looting, which have long-plagued the art and antiquities market. This essay examines whether blockchain might offer a chance for the antiquities market to remedy its persistent problems. The antiquities market has been beleaguered by the sale of forgeries, allowed stolen material to find a market, been hampered by market inefficiencies, and even been a haven for looted archaeological material. Distributed ledgers and blockchain could alleviate or eliminate these problems, but only if the market and those who shape it want to utilize them. No technology, no matter how ingenious or elegant, can end problems caused by the unprincipled actors in the antiquities trade. Such change has to come about with a culture shift and continued pressure by regulators and cultural heritage advocates.

Assessing the Viability of Blockchain to Impact the Antiquities Trade
Cardozo Arts & Entertainment Law Journal, Vol. 37, No. 3, 2019

Rub on State-Enacted Resale Rights

Chuck Close, Self Portrait, 2000, in the Smithsonian Collection. Close unsuccesfully brought a lawsuit to collect royalyy payments under the California Resale Rights Act, but the law was held to be pre-empted by federal law by the Ninth Circuit in 2018.

Guy Rub (Ohio State University, Michael E. Moritz College of Law) has posted an article from a symposium issue of the Kentucky Law Journal on: Experimenting with State-Enacted Resale Rights.

Current federal law does not require sellers of fine art to pay a share of the sale price to the artists, although Congress and federal agencies have been debating the advantages and disadvantages of such a duty, commonly referred to as Artists’ Resale Rights (ARR), since the 1970s. What is often missing from this discourse is the role that state law might play in this ecosystem. This issue, and especially California’s 1976 ARR law, the only state-enacted ARR to date, is the focus of this Article. 

States are often said to be the laboratories of democracy as they can experiment with various legal rules and produce rich comparative empirical data. The Article explores whether states can be the laboratories of ARR as well. It reaches three conclusions: First, there is a vibrant debate concerning the impacts and overall desirability of resale royalties, but that debate is driven by relatively scarce empirical data. Second, if states decide to adopt ARR they can provide some of that missing information. Third, subject to minor restrictions, states are allowed to enact ARR legislation, and the recent Ninth Circuit decisions that held the California ARR act unconstitutional are, for the most part, misguided, as it does not fully recognize the important role that states play in the markets for creative goods.

Rub, Guy A., Experimenting With State-Enacted Resale Rights (June 20, 2019). 109 Kent. L. J. 647 (2019). Available at SSRN: https://ssrn.com/abstract=3413846

New article on the market for anonymous paintings

The King’s Fountain, 16th Century anonymous Flemish work (source)

Anne-Sophie V. E. Radermecker, affiliated with the Department of History, Arts and Archaeology (Cultural Management) Université libre de Bruxelles, Brussels, Belgium has published a paper devoted to the market for anonymous Flemish paintings which were sold between 1955-2015.


This paper explores the market for indeterminate works of art. Our data set includes 1578 sales of fifteenth and sixteenth-century anonymous Flemish paintings, mainly collected from the Blouin Art Sales Index over the period 1955–2015. After a brief introductory section to the issue of anonymity in early modern art, and the different situations of information failure generated by anonymous paintings, the empirical part examines the supply and demand for paintings by unrecorded artists, using a hedonic pricing model. We find evidence that the degree of specification of the spatio-temporal designations given to the paintings (e.g. Flemish school, sixteenth century) affect prices differently (H1). The more specific the designation is in time and space, the more it tends to make up for the lack of information, and to positively affect the market value of anonymous paintings. When the artist name is missing, we also argue that purchasers pay greater attention to other quality signals. Four other hypotheses, which are expected to influence the buyer’s willingness to pay, are successively tested: H2) the physical condition of the painting; H3) oral or written interventions by an expert; H4) the length of the lot essay; and H5) previous attributions to named artists. The results suggest that most of these variables operate as significant pricing characteristics. We finally compare price indices of named artists, indirect names and spatio-temporal designations.

Radermecker, AS.V.E. J Cult Econ (2019). https://doi.org/10.1007/s10824-019-09344-5

An interesting article with some very useful data. The article’s conclusions are unsurprising: the more information provided about a work of art, the higher the price will generally be.

Thompson argues to protect Syrian heritage, don’t buy it

In an LA Times OP-ED, Erin Thompson argues Syria is home to a rich array of cultural heritage. Noting the risk to the works of art from thousands of archaeological sites, she highlights an under-acknowledged threat.

Continue reading “Thompson argues to protect Syrian heritage, don’t buy it”

Will the Statute of Frauds Add Transparency to the Art Trade?

In his seminal 1982 article, Harvard Law Professor Paul Bator noted that the art trade is shrouded in mystery. In the thirty years since Bator examined the international art market, little has changed with respect to the basic information which is made available when works of art are bought and sold at auction. Auction house catalogues typically include little more than a cursory “this work is from a private collection”. That may change, at least in New York when the State’s highest court will take up a recent auction dispute.

Continue reading “Will the Statute of Frauds Add Transparency to the Art Trade?”

Auction Houses and Credit Card Fraud

The Art Newspaper reports on an interesting and widespread problem with the art market in the United Kingdom. It seems fake credit cards have been used to steal art up for auction. And as the report notes, the problem flows all the way to Bonhams and Christie’s, with as many as 30 auction houses reportedly affected.

Says one anonymous auction house director:

“[The problem is that people] were buying goods over the phone and picking them up before the transaction had cleared,” says the director of one of the defrauded auction houses, who wishes to remain anonymous. “We trusted that banks would be doing checks at their end. Aside from the usual identity checks we can’t tell whether the card that people use over the phone is theirs.”

It is an obvious problem, but one that has not really been discussed. If buyers are allowed to remain anonymous, it is a perfect environment for criminal intervention. Auction houses play such a crucial role in the art market, and as a consequence play an important role in the way we transfer these important parts of our collective cultural heritage. But these institutions are poorly designed to safeguard against theft, looting, forgery, and fraud.

The way in which auction houses conduct business today has been revolutionised; online, anonymous and increasingly international bidding is now commonplace. This spate of frauds, however, suggests that the art market’s financial procedures have yet to catch up. 

  1. Riah Pryor, Credit card investigation shows art market open to international fraud, The Art Newspaper, May, 2012, http://www.theartnewspaper.com/articles/Credit+card+investigation+shows+art+market+open+to+international+fraud/26406 (last visited May 17, 2012).
Questions or Comments? Email me at derek.fincham@gmail.com

Arrests in the Fitzwilliam Theft

There are reports that between two and six individuals have been arrested in connection with the theft of 18 Chinese objects from the Fitzwilliam Museum in Cambridge. The theft was the subject of BBC’s Crimewatch Tuesday:

The stolen pieces had been given as gifts or bequests to the museum, with some experts estimating the artifacts to be worth approximately £18 million (about $28.7 million Cdn). None of the artifacts has been recovered. Police sought help from the public through a segment on the BBC-TV program Crimewatch on Tuesday evening. The show aired closed-circuit camera footage of four suspects sought in conjunction with the robbery.

As Dick Ellis explained in an interview last week, these thieves probably saw the booming trade in Chinese artworks, and may not have understood how difficult an eventual sale would be. Much in the same way similar objects were stolen from the Durham museum.

17th Century jade "imaginary beast" stolen from Fitzwilliam MuseumNoah Charney speculated last week that the stolen objects will be “smuggled [to China] . . . for in China the general rules about not purchasing art without performing Due Diligence and checking stolen art databases do not apply. Provenance is far less of an issue, sometimes for cultural reasons, but also for practical ones–Internet black-outs mean that many in China could not check stolen art databases, even if they were inclined to do so.” I’m not sure that will be the case.

The Chinese have—on paper at least—the most regulated art market in the world, with a tiered series of regulation. It is one of the only sets of regulations which puts direct regulation in the art market, at the point of sale. Are there problems and corruption? Perhaps. But what art market—whether its in Rome, Paris, London, or New York is not corrupt?

In 2002, the Standing Committee of the National People’s Congress passed the Law on the Protection of Cultural Relics. The 2002 Law legalizes private transactions involving cultural relics in five circumstances, (1) legal inheritance or gift; (2) purchase from cultural relics shops; (3) purchase from cultural relics auction enterprises; (4) exchanges or transfers between individual citizens; and (5) other methods authorized by the central government. Many of these transactions take place at officially sanctioned cultural relics shops and auction enterprises; and the 2002 Law prohibits a cultural relic shop from running an auction and vice versa.

Under Article 58, the government may buy any cultural relic submitted to a mandatory inspection before sale pursuant to Article 56. During this mandatory inspection, under Article 56, the government is given a kind of right of first refusal, with the purchase price determined by the government representative. Pursuant to article 57, in the event of a sale to a private individual, a report is produced, effectively tracking the buyers and sellers of cultural objects. This new regulatory framework seems a very aggressive strategy, and one that, if implemented effectively, could positively impact the illicit trade in China. However, implementing this strategy may be difficult and subject to corruption.  And yet by recording who buys what, it may be possible not only to track the chain of title of specific cultural objects, but also to evaluate whether individuals are routinely buying and selling stolen, looted, or suspicious objects. What other nation does this routinely? Perhaps the Italian Carabinieri, but that may be it.

Many in the West have an immediate reaction to all things China. And I think that quote above does not really convey the reality of the Chinese art market. Prof. Paul Bator remarked in 1983 that China was the great under-researched area of the world when it comes to sources of heritage theft (he called it art theft). Despite s few reports, that is still the case. We can blame the Chinese for other problems perhaps, but the Chinese art market does not I think bear the collective guilt for the Fitzwilliam theft. Rather it seems to be a more homegrown set of thieves from East London.

  1. He Shuzhong, Protection of China’s Cultural Heritage, 5 J. Art, Antiquity & L., 19 (2000).
  2. J. David Murphy, Plunder and preservation : cultural property law and practice in the People’s Republic of China, (1995), http://www.bcin.ca/Interface/openbcin.cgi?submit=submit&Chinkey=204154 (last visited May 2, 2012).
  3. Andrew Jacobs, China Hunts for Art Treasures in U.S. Museums, The New York Times, December 17, 2009, http://www.nytimes.com/2009/12/17/world/asia/17china.html?_r=2&hp (last visited Dec 17, 2009).
  4. Peter Foster, China to study British Museum for looted artefacts, Telegraph.co.uk, October 19, 2009, http://www.telegraph.co.uk/news/worldnews/asia/china/6374959/China-to-study-British-Museum-for-looted-artefacts.html (last visited Oct 20, 2009).
Questions or Comments? Email me at derek.fincham@gmail.com

Speaking out about fakes

Elegy to the Spanish Republic No. 110, Robert Motherwell 1971 

Jack Flam, currently working on a catalogue raisonné of Robert Motherwell talks about the backwards incentives by members of the public and scholars when it comes to authenticating art. Highly recommended, it puts all the discussion of fakes and forgeries in the context of what experts and the market are not doing to prevent fakes from polluting the pool of art in private collections and in the public trust:

These market circumstances have unfortunately coincided with a situation in which scholars and foundations that make decisions about authenticity feel increasingly constrained by legal threats from people who own or are selling fakes. So while the number of fakes in the marketplace is dramatically increasing, an important means for assuring the veracity of artists’ works has been disappearing. Several scholars and foundations are ceasing to authenticate works because they are afraid of lawsuits, and such fears have even constrained the way scholars communicate with each other.
Back in 2008, after the Motherwell catalogue raisonné project suspected that a number of “Spanish Elegy” paintings were forgeries, I had ample occasion to observe how pressure can be effectively put on scholars who believe a painting is inauthentic in order to constrain them from saying so publicly. When I contacted scholars who were engaged in research on some of the other artists whose works were supposed to be in Rosales’s collection, many declined to discuss their opinions about those works; and the ones who did so usually insisted on speaking off the record.
It was not until injured parties came forward—that is, people who had spent significant amounts of money on works that did not pass the scrutiny of either connoisseurship or forensic testing—and the press picked up the story that scholars became (cautiously) more open about what they thought of those works.

  1. Jack Flam, Break the silence over fakes, The Art Newspaper, April 12, 2012, http://www.theartnewspaper.com/articles/Break-the-silence-over-fakes/26124 .
Questions or Comments? Email me at derek.fincham@gmail.com