• About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      • The “Interview” Project
  • Events
    • Worldwide Calendar
    • Our Events
      • All Events
      • Annual Conferences
        • 2026 Art Law Conference
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    • Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
  • Log in
  • Become a Member
  • Donate
Center for Art Law
  • About
    About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      Additional resources
      • The “Interview” Project
  • Events
    Events
    • Worldwide Calendar
    • Our Events
      Our Events
      • All Events
      • Annual Conferences
        Annual Conferences
        • 2026 Art Law Conference
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    Programs
    • Visual Artists’ Legal Clinics
      Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
Home image/svg+xml 2021 Timothée Giet AL Clippings image/svg+xml 2021 Timothée Giet How to Remove the Curse of the Outcast Artifact
Back

How to Remove the Curse of the Outcast Artifact

July 18, 2012

Outcast Artifact image

Last week NY Times ran a story about collectors who bought antiquities in good faith and got stock between a rock and a hard place, unable to return their purchases to the market place. It was entitled “The Curse of the Outcast Artifact.” Those who did not think to ask about provenance of the beautiful foreign objects they were buying in hopes of selling or donating them later and those knowingly purchasing looted cultural heritage are now in the same situation. They are stuck with their acquisitions. Museums are increasingly rejecting donations of art objects and artifacts lacking clear documentation of their origin and exportation. At the same time auction houses are applying more stringent policies before they agree to include objects in sales and catalogs. Even if a given object was purchased at auction in the 1980s and 90s, today the same auction house may easily decline to take it back on consignment. The mores did not change overnight or without stimulation from the law enforcement but collectors who bought their artifacts decades ago are the ones at a loss. The same question keeps popping up “What do we do with these objects?”

In short “[a]cross the country measures taken to curb the trade in looted artifacts are making it more difficult for collectors of antiquities to donate, or sell, the cultural treasures that fill their homes, display cases and storage units.”  The trend is a warning to the modern-day looters and dealers; however, one cannot help but feel sorry for the ‘cursed’ artifacts and for those who got stock with them. While the United States government gives a tax break to collectors who donate to national institutions, there is no incentive for a US citizen to donate, present or simply return an object to the country from where it arrived decades ago. Most of the objects in question are expensive. Of course, the argument against assisting collectors with their dilemma is simple — they risked by purchasing these objects and should pay the bill. After all, if somebody purchases a fake after statue of limitation runs is out of luck and and out of money. Still, by assisting collectors to dispose of their holdings in a palatable fashion may expedite return of valuable artifacts to the general public.


What is the right thing to do for a collector in this state of limbo? Keep the object and pass it to heirs to enjoy and decide? Return the object to the government of the country where he or she thinks it originated? Identify a museum abroad and ship at own cost the statute or sarcophagus back to its supposed place of origin? What if the collector is mistaken and the objects ends up in a wrong  country? 


Earlier this summer, we wrote about a WikiLoot concept designed to identify origins of orphaned antiquities by use of crowd-sourcing. How about removing the curse and rehabilitating the ‘cursed’ artifacts? Perhaps it is time to consider creating a model, which would facilitate return of ‘cursed’ objects with guidance of scholars and Import/Export authorities.  Funding could come from the general public; and/or from dealers and auction houses that sold these objects in the first place; museums, in exchange for a write to display objects pending their return; and/or interested governments and collectors who wish to dispose of their imprudent purchases.

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

Post navigation

Previous New Publications of Interest
Next New York’s Southern District Court Rules that Artworks Consigned to Galleries May Be Reached By Creditors

Related Art Law Articles

Benningson V Guggenheim Case Review Center for Art Law
Art lawCase ReviewLegal Issues in Museum Administration

Case Review: Bennigson v. Solomon R. Guggenheim Foundation

March 13, 2026
Art Muralists Artists? Center for Art Law
Art law

Are Muralists Artists? Legally, It Varies

March 13, 2026
Clinic Instagram
Art lawWish You Were Herebootcampevent review

WYWH: “Art Lawyering Bootcamp: Copyright Law”

March 6, 2026
Center for Art Law
Summer School Promo

2026 Art Law Summer School

Applications Now Open

Want to learn MORE about art law? Join us for an unforgettable week of art law in NYC!

 

Apply Now
Center for Art Law

Follow us on Instagram for the latest in Art Law!

Don't miss out on our upcoming Copyright Clinic on Don't miss out on our upcoming Copyright Clinic on March 18th!! Join us for an informative presentation and pro bono consultations to better understand the current art and copyright law landscape. Copyright law is a body of federal law that grants authors exclusive rights over their original works — from paintings and photographs to sculptures, as well as other fixed and tangible creative forms. Once protection attaches, copyright owners have exclusive economic rights that allow them to control how their work is reproduced, modified and distributed, among other uses.

Albeit theoretically simple, in practice copyright law is complex and nuanced: what works acquire such protection? How can creatives better protect their assets or, if they wish, exploit them for their monetary benefit?

🎟️ Grab tickets using the link in our bio!

#centerforartlaw #artlaw #legal #research #lawyer #artlawyer #bootcamp #copyright #CLE #trainingprogram
September of 2025 stuck a potential death blow to September of 2025 stuck a potential death blow to the NFT market: Christie's announced the closing of their digital art department. It had only lasted 3 years. NFTs experienced a incredibly  fast tracked rise and fall in popularity, leaving behind questions as to their continuing value and ownership rights. And yet, there could be some lasting change on how digital ownership will continue moving foward. 

📚 To learn more about this niche and potentially, completely, disappearing market read Shaila Gray's recently published article using the link in our bio!

#centerforartlaw #artlaw #artlawyer #lawyer #legalresearch #nfts #blockchain #digitalart #artmarket #artistissues
ONLY 5 DAYS LEFT to apply for the Second Edition ONLY 5 DAYS LEFT to apply  for the Second Edition of Center for Art Law Summer School!! Deadline to apply is  March 15th! Check out these memories from our 2025 Summer School. Don't miss your chance to participate in a whirlwind adventure exploring art law in NYC. 🗽

Taking place in the vibrant art hub of New York City, the program will provide participants with a foundational understanding of art law, opportunities to explore key issues in the field, and access to a network of professionals and peers with shared interests. Participants will also have the opportunity to see how things work from a hands-on and practical perspective by visiting galleries, artist studios, auction houses and law firms, and speak with professionals dedicated to and passionate about the field.

🎟️ APPLY NOW using the link in our bio!
After many years of hard work we’ve officially cro After many years of hard work we’ve officially crossed the 1,000 cases mark in our case law database!! Let us know what your favorites are below!
Join us on March 12 for Charitable Contributions: Join us on March 12 for Charitable Contributions: Tax Considerations for Artists and Collectors. For this event we are pleased to be hearing from Attorney Karin Gross. With over 30 years of experience, Ms. Gross is an expert in the area of tax law and specializes in the area of tax aspects for charitable giving. She served in the Office of Legislative Counsel for the U.S. House of Representatives, drafting legislation on behalf of Members of Congress and committee and has worked at the IRS Office of Chief Council. Ms. Gross will guide participants through important tax considerations for artists, collectors and art market participants. 

🎟️ Grab tickets using the link in bio!

#centerforartlaw #artlaw #artlawyer #tax #taxlaw #artist #irs #artandtaxlaw
On March 2nd, SCOTUS ended the saga of "The Recent On March 2nd, SCOTUS ended the saga of "The Recent Enteance to Paradise ", having denied writ of certiorari in Thaler v. Perlmutter. The question posed to the Court was if a work with a nonhuman author could receive copyright protections. The Court of Appeals for D.C. (2025) and the District Court (2023) have already answered 'no' to this issue, citing prior case law human requirements, statute interpretation of the word human artist, and other arguments. Check out our coverage discussing both lower court opinions using the link in bio. Human authorship remains a must for copyright registration. 

📚 Read more about the Supreme Court petition and outcome using the link in bio!

#centerforartlaw #copyright #artlaw #artlawyer #copyrightlaw #ailaw #aiart #artissues #artandai
Deadline Extended!! We are still accepting applica Deadline Extended!! We are still accepting applications for the Second Edition of Center for Art Law Summer School until March 15th! Don't miss this opportunity to explore art law NYC style 🗽

Taking place in the vibrant art hub of New York City, the program will provide participants with a foundational understanding of art law, opportunities to explore key issues in the field, and access to a network of professionals and peers with shared interests. Participants will also have the opportunity to see how things work from a hands-on and practical perspective by visiting galleries, artist studios, auction houses and law firms, and speak with professionals dedicated to and passionate about the field.

Applications Extended till March 15th!

🎟️ APPLY NOW using the link in our bio!

#centerforartlaw #artlawsummerschool #newyork #artlaw #artlawyer #legal #lawyer #art
Have you seen the 2024 documentary "The Spoils"? O Have you seen the 2024 documentary "The Spoils"? Our latest review covers Jamie Kastner's film that follows the Max Stern Foundation's restitution efforts and asks hard questions about who holds power in the art world. Savannah Weiler reviews it and we want to hear your take. Read it via the link in bio and drop your thoughts in the comments! 👇 

#centerforartlaw #FILMREVIEW #nazieralootedart #maxsternfoundation
Smile — you're at the Center for Art Law! 🌷 Meet o Smile — you're at the Center for Art Law! 🌷 Meet our Spring 2026 intern team, joining us from schools and graduate programs across the country! 🎓 

Our Spring 2026 Interns have been learning and working hard starting January! We are pleased to introduce to you Donyea James (Legal Intern, Fordham Law, 3L), Alexandra Kharchenko (Legal Intern, French LLM Grad of Northwestern Pritzker School of Law), Jacqueline Koutrodimos-Lewis (Graduate Intern, with MA in Classics and BA in Art History), Halle O’Hern (Legal Intern, Brooklyn Law, 2L), Marina Rastorfer (Legal Intern, Cardozo Law, LLM), and Savannah Weiler (Graduate Intern, MA in History of Art). 

From legal research to event planning, our interns are doing it all — under careful supervision!

Interested in joining our team? Fall 2026 internships begin the 2nd week of September — visit the link in our bio to learn more!
📌 We are looking for interns who can commit to working with us the entire academic year. 

#ArtLaw #LegalInterns #SpringInterns #InternSpotlight #ArtAndLaw #LawSchool #Internship BrooklynLawSchool #FordhamLaw #CardozoLaw #Northwestern #UTAustin #ClassicsAndArt #ArtHistory #NextGenLawyers
🏒 🎨⚖️ Thank you to all the applicants interested 🏒 🎨⚖️

Thank you to all the applicants interested in our 2026 summer internship program. We are humbled by the talent and volume of applications received. We only wish we could offer placement to all of you. If we cannot accommodate your interest this summer, please consider joining us as guest writers, volunteers and students at the upcoming summer school.
Grab an Early Bird Discount for our new CLE progra Grab an Early Bird Discount for our new CLE program to train lawyers to assist visual artists and dealers in the unique aspects of their relationship.

Center for Art Law’s Art Lawyering Bootcamp: Artist-Dealer Relationships is an in-person, full-day training aimed at preparing lawyers for working with visual artists and dealers, in the unique aspects of their relationship. The bootcamp will be led by veteran attorneys specializing in art law.

This Bootcamp provides participants -- attorneys, law students, law graduates and legal professionals -- with foundational legal knowledge related to the main contracts and regulations governing dealers' and artists' businesses. Through a combination of instructional presentations and mock consultations, participants will gain a solid foundation in the specificities of the law as applied to the visual arts.

Bootcamp participants will be provided with training materials, including presentation slides and an Art Lawyering Bootcamp handbook with additional reading resources.

The event will take place at DLA Piper, 1251 6th Avenue, New York, NY. 9am -5pm.

Art Lawyering Bootcamp participants with CLE tickets will receive New York CLE credits upon successful completion of the training modules. CLE credits pending board approval. 

🎟️ Grab tickets using the link in our bio! 

#centerforartlaw #artlaw #legal #research #lawyer #artlawyer #bootcamp #artistdealer #CLE #trainingprogram
A recent report by the World Jewish Restitution Or A recent report by the World Jewish Restitution Organization (WRJO) states that most American museums provide inadequate provenance information for potentially Nazi-looted objects held in their collections. This is an ongoing problem, as emphasized by the closure of the Nazi-Era Provenance Internet Portal last year. Established in 2003, the portal was intended to act as a public registry of potentially looted art held in museum collections across the United States. However, over its 21-year lifespan, the portal's practitioners struggled to secure ongoing funding and it ultimately became outdated. 

The WJRO report highlights this failure, noting that museums themselves have done little to make provenance information easily accessible. This lack of transparency is a serious blow to the efforts of Holocaust survivors and their descendants to secure the repatriation of seized artworks. WJRO President Gideon Taylor urged American museums to make more tangible efforts to cooperate with Holocaust survivors and their families in their pursuit of justice.

🔗 Click the link in our bio to read more.

#centerforartlaw #artlaw #museumissues #nazilootedart #wwii #artlawyer #legalresearch
  • About the Center
  • Contact Us
  • Newsletter
  • Upcoming Events
  • Internship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
DISCLAIMER

Center for Art Law is a New York State non-profit fully qualified under provision 501(c)(3)
of the Internal Revenue Code.

The Center does not provide legal representation. Information available on this website is
purely for educational purposes only and should not be construed as legal advice.

TERMS OF USE AND PRIVACY POLICY

Your use of the Site (as defined below) constitutes your consent to this Agreement. Please
read our Terms of Use and Privacy Policy carefully.

© 2026 Center for Art Law