More Posturing from Francesco Rutelli


Italy’s Culture Minister Francesco Rutelli just returned from a visit to the United States, and no visit is complete without more criticism of the Getty. Yesterday Rutelli repeated his claims. The LA Times has a good compilation of the Wire reports here. There is little new information save a new deadline. Rutelli says the Getty has until the end of July to return contested objects, else risk a “real embargo” which would preclude loans and collaborations with Italy in research and conservation projects. Rutelli said he had submitted a “final proposal for dialogue and agreement [and if no deal is done,] a real conflict will begin, a real embargo–that is, the interruption of cultural and scientific collaboration between Italy and that museum.”

What exactly the “final proposal” entails is unknown. Ron Hartwig the Getty spokesman did say that Rutelli sent a “very cordial…very encouraging” letter and that Michael Brand had “responded in kind”. As I understand it, the Getty has agreed to return many of the contested objects which Italy wants. However, the Getty is unable to reach an agreement because Rutelli has insisted no deal can be finished without the return of this statue, the “Bronze Statue of a Victorious Youth”. I’ve discussed this particular claim before, which you can read about by clicking the label below. Italy has no legal claim to the bronze statue, and a weak ethical argument for its return as well.

Rutelli is trying to associate the stronger claim the Getty has in the Bronze statue with the other objects with far more dubious provenances. It gets Rutelli’s comments in the papers, and it keeps the repatriation issue open, but seems unlikely to lead to a workable compromise.

UPDATE:

Rutelli made yesterday’s announcement from the fishing port of Fano in Italy, where the statue was brought ashore by the fishermen who found it. I have updated the first paragraph accordingly.

Questions or Comments? Email me at derek.fincham@gmail.com

Rutelli, Repatriation and Cultural Policy

Lee Rosenbaum has some very interesting things to say over at Culturegrrl on the press conference Italian Culture Minister Francesco Rutelli had yesterday at the Italian Cultural Institute in New York.

First, as Lee says,

Robert Stiriti (second from left, above), attaché at the American Embassy in Rome for U.S. Immigration and Customs Enforcement (ICE), told me that criminal charges “are pending” in Italy (but have not yet been filed) against an American private collector who owned several objects (including the marble sarcophagus of a child) recovered by ICE on Oct. 20 from his New York residence.

Also, Rutelli announced there may be a forthcoming agreement between Italy and Princeton concerning some objects, which would likely involve some loans from Italy.

The two cornerstones of recent Italian repatriation efforts have been the threat of prosecution along with cultural loans if objects are returned. It’s a strategy that has worked quite well. The engine behind these efforts is the political goodwill engendered in Italy when objects are returned. That seems to make Italy unique, perhaps in all the world, where cultural policy matters.

It brings to mind a time when perhaps cultural policy mattered in America.

There’s been a lot of discussion about President Franklin Delano Roosevelt and the Pentagon of late. I always enjoy stories of the Works Project Administration making art and building places like Red Rocks and The Supreme Court Building during the great depression. Steve Vogel has been making the rounds on npr and the daily show for his new book The Pentagon: The Untold Story. They broke ground on the building 3 months before Pearl Harbor (on September 11, 1941). The initial site was supposed to be opposite the Lincoln Memorial. But President Roosevelt was pressured by the fine arts commission to move the building site. They didn’t want to disturb the vista between Lee’s Mansion and the Lincoln memorial. The President who led America through the great depression and WWII stopped to consider the view for future generations. I couldn’t imagine the current executive taking such considerations; I think that tells volumes about how cultural policy has changed dramatically.

Questions or Comments? Email me at derek.fincham@gmail.com

An Ancient City with Modern Problems

On Sunday the BBC had an interesting article with video of Rome’s struggle to maintain Roman monuments, excavate them, and preserve them; all while other more pressing contemporary budgetary matters take priority. Tourism does stem from historical sites as the piece points out. I wonder how much of Italy’s recent efforts to repatriate objects may stem from the fact that there have been budget cuts in other sectors? Not sure about that, I’m just speculating. If anyone may know of any data along those lines, I would be interested to hear it. Does Italy have a double standard? Is it arguing too vehemently against collectors abroad as a way to shift attention from the difficult problems of preservation and protection domestically? Even Francesco Rutelli was critical of the difficulties in development in Rome while he was mayor there.

Questions or Comments? Email me at derek.fincham@gmail.com

Protest over a Da Vinci Loan



This work by Leonardo Da Vinci, the Annunciation, is slated to be displayed in Tokyo until mid June. However, a number of Italians are upset about the loan. Italian Senator Paolo Amato pictured below has chained himself to the entrance to the Uffizi gallery in Florence to protest the loan. The BBC has a story here, and an AP story
is here.

Cultural policy is a much more prominent part of Italian politics than in many other countries. Amato has accused Italian Culture Minister Francesco Rutelli of being “arrogant” for deciding to agree to the loan. The work has travelled before, to Paris and Milan in the 1930’s, and it was hidden during WWII. However, it has remained in the Uffizi since 1945.

I have very little knowledge of how risky transportation of important works is. The work “was being bundled into three protective crates filled with shock-absorbers and high-tech sensors to monitor humidity, temperatures and stress levels in preparation for departure Tuesday.” That seems pretty secure to me, but I suppose any risk of loss of this important work would be a tragedy.

Thanks to David Nishimura at Cronaca for pointing out the story.

Questions or Comments? Email me at derek.fincham@gmail.com

The "Bronze Statue of a Victorious Youth"

Earlier this week I had the great pleasure to give a presentation to the University of Aberdeen Legal research Society. I discussed the very public dispute between Italy and the Getty museum regarding the “Bronze Statue of a Victorious Youth”. The discussion which ensued was furthered greatly by the presence of Neil Curtis, Senior Curator of the Marischal Museum, as well as a couple of Italian colleagues. We had a very interesting discussion, and much of the credit for that goes to them. I would like to outline here my general comments on the dispute. I have posted on many of these ideas before, but if nothing else the dispute over the Bronze allows a timely and interesting introduction to cultural policy and repatriation.

As the LA Times put it last fall, “To whom does a statue made in ancient Greece, stolen by Romans and found in the Adriatic by Italian fishermen 2,000 years later, rightfully belong?”

First, what is the Getty trust, and why has it gotten itself into trouble in recent decades? J. Paul Getty was an American Industrialist, and the founder of the Getty Oil company. He started the Getty Trust in 1953. Today, the Trust may be the richest art institution in the world, boasting assets of close to $9 billion dollars. In recent decades, the Getty pursued a very aggressive antiquities-buying campaign, which by itself may be an innocent activity. However we now know that many of those antiquities were illicitly excavated or exported illegally.

Italy has a large amount of discovered and undiscovered antiquities. It is also an industrialized nation. Many of the nations which are considered source nations (i.e. those that export more cultural objects than they import) are underdeveloped. So Italy is in a unique position. Historically, Italian antiquities have been exported to the rest of Europe, and other parts of the world. Increasingly, Italy has sought to prevent the loss of these cultural objects. The last 18 months has seen the Italian Culture Ministry lead a very aggressive repatriation campaign with three components

1. Criminal Investigations and Prosecutions,

2. Raised repatriation claims with Museums and Private collectors,

3. A Public Relations Campaign.


There have been a number of high-profile repatriations by American museums in recent months. The Museum of Fine Arts in Boston, and the Metropolitan Museum (Euphronios Krater) in New York have both agreed to return antiquities.

A former curator at the Getty, Marion True is on trial in Rome for conspiring to deal in Italian antiquities. This has had a very unpleasant public relations consequences for the Getty. Italy has demanded the return of 52 Antiquities from the Getty. The two parties have been negotiating a return of many of the objects for many months. However this fall, Italy abruptly broke of talks with the Getty, and said no agreement could be reached unless the Getty returned the Bronze. If the Getty did not agree to these terms, the Italians threatened the Getty with a “cultural embargo”.

Francesco Rutelli, Deputy Prime Minister, Minister for Culture and Heritage sent an Op-Ed to the Wall Street Journal saying:

Italy has been trying for over six months to conclude an agreement with Los Angeles’s Getty Museum on 46 ancient works of art that were illicitly removed from our country. I still hope to succeed. But on one point, I am unable to understand the museum’s position. How can they think that the Italian government will accept an agreement that contemplates renouncing possession of those works of art?

The 46 works that we are waiting for include the Venus illicitly removed from Morgantina in Sicily , and the bronze Athlete that was hauled up in a fishing net from the waters of the Adriatic sea and later secretly smuggled out of Italy in total violation of its laws.

What then of the statue itself? To better evaluate Italy’s claims, we need to look at the circumstances under which it was found. The Bronze Statue of a Victorious Youth” is an almost life-size figure of an athlete wearing a victory wreath. The Statue was created in Greece, possibly by Alexander the Great’s Court Sculptor Lysippos, but it may have been sculpted by another. It was created sometime between the 4th and 2nd Century B.C. Now my Italian colleagues rightly pointed out that a number of Greek settlements were founded in what we today think of as Italy.

In June, 1964 the Statue was recovered in modern times, by complete accident, off the northern Adriatic coast by fisherman from the Italian city of Fano. They pulled up a heavy object covered in barnacles. The most likely explanation for the find in the Adriatic is that it was taken from Greece in Roman times, and the vessel was lost at sea. A number of Greek objects were taken by invading Roman armies, the most noteworthy instance was during the fall of Syracuse. When the fisherman returned to Fano, they decided to sell the statue. The statue changed hands a number of times.

We know that Giacomo Barbetti purchased the statue from the fisherman. For a time, Barbetti and his two brothers stored the statue at the home of Father Giovanni Nagni. Barbetti then sold the statue to another man for 4,000,000 lire, not a great sum of money. It would have amounted to about $4,000. In 1966, the 3 Barbettis and Father Nagni were charged with purchasing and concealing stolen property under Italy’s 1939 Antiquities Law. The prosecution reached the Court of Appeals of Rome, however it overturned the convictions for 2 reasons (1) The prosecutors did not establish the statue came from Italian waters, and (2) there was insufficient evidence demonstrating that the statue was of “artistic and archaeological interest”. After the Barbetti’s sold the statue, the Provenance (chain of title) of the statue is a bit vague, and open to some speculation. Most likely it went through a series of owners, in an attempt to achieve a bona fide purchase at some point. It went from a Brazilian Monastery to England, and later to Munich.

In 1977, the Getty Trust purchased the Bronze for $3.95 million. It has been publicly displayed since 1978. Until 2006, Italy made no more formal requests for the Bronze, though they did ask the Getty to evaluate the possibility of returning the statue to Italy in 1989.

Legal Analysis of the Dispute

Even if the statue was found in Italian national waters, it’s nearly impossible to prove at this point. The criminal trials of the 3 Barbetti’s and Father Nagni loom large here. Italian prosecutors were not able to establish in 1968 that the Bronze was discovered in Italian territorial waters. To attempt to prove it nearly 40 years on is nearly impossible.

If the statue had been found in Italian national waters, both US and Italian law would dictate that Italy owns the Bronze. The 1939 Italian Patrimony law requires that the object was declared within the territory of Italy to apply. To be sure, if Italy was able establish the statue had been discovered in Italian national waters they would have brought a legal action long ago in US federal court, or even had Federal prosecutors seize the statue.

Illegal Export from Italy Does Not Dictate It should be handed over to Italy

Logically, the Bronze came ashore in Italy after it was discovered. Italian law requires that antiquities deemed of interest by the State, even those owned by private individuals cannot be exported without a license. US law does not enforce foreign export regulations. This goes back to the general rule that Public laws of another nation will not be enforced. US v. Schultz, 333 F.3d 393 (2d Cir. 2003), US v. McClain,545 F.2d 988 (5th Cir. 1977). Also, there are a lot of different kinds of export restrictions, and they are not always working well in limiting illicit trade. The reasons for this are beyond our present concern, but it is well settled that most nations will not enforce the export restrictions of another nation.

International Law

Italy has argued that international treaties dictate the Bronze should be returned. What they are referencing is the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and transfer of Ownership of Cultural Property.

This does impose on states an obligation to prevent the illicit export of cultural property. However, it contains no provisions mandating the return or permitting the seizure of objects, except those that have been stolen.

The Convention is by its own terms, not in force unless enacted into domestic law. However, when the statue was imported into the US, neither Italy nor the US had ratified the Convention.

Ethical Analysis of the Dispute

Finally, what are the values we should look at in evaluating cultural property controversies?

  1. Archaeological Context

  2. Preservation of the Object

  3. Access by the Public

  4. International Movement

  5. Preserving a National Patrimony of Works

Italy’s position relies on the creation of some kind of nexus between Italy’s cultural heritage and the Bronze based on the time it was brought ashore by the fishermen at Fano. This is a very difficult argument for the Italians to win in my view. What’s more, the Italian authorities are ignoring the economic value of the Bronze: Maurizio Fiorilli: Italy’s Chief Antiquities Prosecutor has said The economic value is of little consequence. What is important is the gain Getty will derive on the ethical plane. Moral gain is the reward. Also, the monetary value of the objects is not Italy’s problem. It is the problem of those who spend good money for objects that are without clear title and are illicitly removed from their place of cultural origin. It is up to the authorities in the USA who are responsible for controlling the Getty to investigate how the money was spent. Culture predisposes honesty and transparency.”

Part of the problem here is the two different ways Italy and the Getty seem to be evaluating the claim. Italy is asserting an ethical claim to the statue based on its ties to Greek culture. However, the US has a very strong sense of Greek and Roman culture as well. After all, the Supreme Court is a copy of classical architecture.

None of the 5 core values come down on Italy’s side in my view. Destruction of archaeological context is a huge problem, and one of the worst aspects of the illicit trade. However, this was a chance find, the fishermen weren’t doing anything wrong. Other objects in the Getty’s collection should certainly be returned, and the Getty has in fact agreed to return 26 objects of the contested objects. The question becomes, why is Italy insisting on the Bronze? Why are they preventing a good faith compromise here by insisting on a tenuous claim to the bronze?

Questions or Comments? Email me at derek.fincham@gmail.com