Briefs – Center for Art Law

Winter 2023

Back and Forth and Back Again: New Decision in a Longstanding Dispute Over a Buddhist Statue

The South Korean Daejeon High Court held in a decision this week that a South Korean temple did not have a claim to ownership of a Buddhist statue, a seated Bodhisattva. This statue was allegedly created by the South Korean temple, which is the plaintiff in the case, in the 14th century, when it was soon after looted by Japanese pirates and taken to a Japanese temple. There, it was held until 2012 when it was stolen by South Korean thieves, intending to sell it. The statue, along with others, was seized by the Korean government and the thieves were prosecuted, but the Daejeon district court held in favor of retaining the statue for the Korean temple, Buseoksa, over returning it to the Japanese temple in 2017. Six years later, the Daejeon High Court heard the appeal this week and overturned the original injunction against returning the stolen statue. It held that the Japanese temple, Kannonji Temple, had acquired the statue through “acquisitive prescription” by possessing the statue “openly and peacefully” for at least 20 years. The Daejeon High Court also argued that there was a significant lack of records which would not allow the present day Buseoksa Temple to show that it was the same Buseoksa Temple as originally created the statue in the 14th century. The Buseoksa Temple has stated that it will be appealing this decision. Although South Korean court records are not available to the public, articles regarding this recent decision written from the Japanese and South Korean perspectives can be found HERE and HERE, respectively.

DNR DAO or Crypto for Constitution, please

Back in 2021, a consortium of crypto investors known as ConstitutionDAO, pulled together more than $40 million worth of ether in a week to try to buy a rare, first-edition copy of the U.S. Constitution at a Sotheby’s auction — and lost. Despite the substantial amount of money raised, the group failed to buy the document. Auction house Sotheby’s sold an early copy of the Constitution for $41 million. With fees and buyer’s premium included, the final price was $43.2 million. The group tweeted a statement indicating they didn’t win the auction. “While this wasn’t the outcome we hoped for, we still made history tonight with ConstitutionDAO. This is the largest crowdfund for a physical object that we are aware of — crypto or fiat. We are so incredibly grateful to have done this together with you all and are still in shock that we even got this far.” The group said those who contributed funds “will be able to get a refund of your pro rata amount (effectively minus gas fees) through Juicebox.” More about the story of ConstitutionalDAO or doubt.

Looted antiquities returned to Turkey and Italy were seized from New York home of Met trustee Shelby White

For The Art Newspaper, Claire Voon reports about ongoing investigation into Shelby White’s collection. More info HERE.

Spring 2023

France’s new trio of bills on addressing restitution

Starting with artworks, France is about to offer legal measures to address the ongoing World War II art and cultural heritage issues. France’s Ministry of Culture announced a trio of bills in January. One bill that targets human remains in museums is an amended version of an earlier bill proposed last year by French senators; another bill addresses works belonging to Jewish families persecuted during the Nazi era; and the third bill considers restitution of art objects, including those from the colonial era.

The trio provides an opportunity to legally acknowledge crimes committed against Jews during World War II. Moreover, by abolishing the current procedure of case-by-case parliamentary votes, the bills are likely to expedite future large-scale returns.

Banksy’s solidarity with Ukraine

The British street artist Banky confirmed authorship of seven murals in various locations in Ukraine after a wave of speculation in November 2022 to The Art Newspaper. The works are Banksy’s first public murals in over a year. Shortly thereafter, opportunistic thieves chiseled off one of the murals that depicts a woman in a gas mask and a dressing gown. Fortunately, police later recovered it in intact condition. This incident caused a public discussion on what to do with the seven Banksy murals on the buildings that are scheduled for demolition.

In January 2023, Banksy’s effort to support Ukraine were sabotaged again, and this time was from Russia. Banksy supplied a set of 50 limited-edition screenprints to an international charity the Legacy of War Foundation for an online auction. The proceeds would be spent on purchasing new ambulances and support vehicles. Russian IP addresses submitted over 3,500 rogue registrations. It slowed the Foundation’s notification process for successful applicants.

Appreciative of Banksy’s support, Ukraine issued a Banksy stamp to mark the 1st anniversary of the full-scale invasion.

March 2023

Native American Sacred Objects Restituted from Swiss Museum

The Musée d’ethnographie de Genève (MEG) returned two sacred objects to the Haudenosaunee Confederacy, which were acquired without consent nearly 200 years ago. The Haudenosaunee are commonly referred to as the “Iroquois” or “Six Nations,” which include the indigenous communities of the Seneca, Cayuga, Oneida, Onondaga, Mohawk, and Tuscarora, located between the US-Canada border. The two objects, a sacred mask and a ceremonial rattle, were donated in 1825 by historian Amédée-Pierre-Jules Pictet de Sergy, first to the Musée académique, whose collection was subsequently transferred to the MEG. As early as 1923, Iroquois Chief Deskaheh raised the issue of dispossession of indigenous objects by colonizing states during his visit to Geneva. In 2022, a member of the Haudenosaunee External Relations Committee discovered the objects in a display case in the museum, prompting the demand to remove the objects and initiate restitution proceedings. While the objects were removed the day of the request, the City of Geneva formally authorized the restitution on October 12, 2022. For its return, the objects were handed over to Clayton Logan, representing the Seneca Nation, and Kenneth Deer, from the Mohawk Nation, in a ceremony at the MEG auditorium. No images were allowed due to the objects’ sacredness. Logan then performed a tobacco burning ceremony to welcome the return of the objects. Read more about the objects’ return here.

Illegally Imported Pre-Columbian Stone Sculpture Returned to the Embassy of Peru in Switzerland

Swiss authorities handed over a cultural heritage object to the Embassy of Peru in Switzerland after it was found to have been illegally imported into the country. Referred to as the “tête clouée,” or “nailed head,” the carved stone head is approximately 2,500 years old and dates back to the Pre-Columbian Chavin culture in present day Peru. In 2016, an individual attempted to import the object into Switzerland, but failed to declare the object as cultural property. Customs officials examined the object and suspected it could be subject to Switzerland’s law on the international transfer of cultural property, known as “LTBC” (la loi sur le transfert international des biens culturels). The case was passed to the Federal Office of Culture (OFC) for further investigation. In Switzerland, failure to declare cultural property and false declarations are illegal under the LTBC. Switzerland and Peru are also parties to the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. In addition, the two countries signed a bilateral agreement in 2016 on the importation and exportation of cultural property. The sculpture is now in the possession of the Embassy of Peru in Switzerland and is planning to be returned to its state of origin. Read more about the sculpture’s return here.

April 2023

The Controversy Between the Joan Mitchell Foundation and Louis Vuitton

Louis Vuitton hosted an exhibition from May 2022 through February 2023 on Claude Monet and Joan Mitchell, “Monet – Mitchell,” as well as a retrospective on Joan Mitchell’s life and works. The Joan Mitchell Foundation (JMF) was established according to Joan’s will in 1993, and immediately began its work supporting young artists, as a continuation of Joan’s own passion. One of JMF’s long standing policies was that none of Joan’s works would be used for commercial gain: they could only be used for education. It is for that reason that JMF issued formal denials, in writing, of Louis Vuitton’s repeated requests in late 2022 to use Joan Mitchell’s works in a new advertising campaign. However, despite JMF’s clear refusal to allow Louis Vuitton to legally use Joan’s artwork in its advertising campaign, Louis Vuitton decided to use it anyway, photographing French Actress Léa Seydoux with the Louis Vuitton Capucines handbags in the Foundation Louis Vuitton exhibit space. Three of Joan’s paintings could clearly be seen in the background of the photos: “La Grande Vallée XIV (For A Little While)” (1983); “Quatuor II for Betsy Jolas” (1976); and “Edrita Fried” (1981).

Louis Vuitton used these photos in a print and digital campaign, and JMF promptly sent a cease and desist letter on February 21, 2023. The letter demanded that Louis Vuitton immediately stop the campaign and cease its use of the illegally reproduced works of Joan Mitchell. JMF also expressed its “grave disappointment . . . that Louis Vuitton has such disregard for the rights of an artist and would exploit her work for financial gain.” JMF sent a second letter of cease and desist to the Foundation Louis Vuitton for allowing the photography, which was a clear violation of its “license agreement [with JMF] that prevents the reproduction of Mitchell’s works from the exhibition without consent.”

Louis Vuitton did appear to remove the photographs from its website as there is no longer any trace of the campaign readily findable, but has otherwise remained silent against the accusations. The ad campaign also did not even credit Joan Mitchell or the Foundation, and the ad campaign was released on Joan’s birthday, February 12. JMF threatened additional legal action if Louis Vuitton did not withdraw the campaign. It remains to be seen if Louis Vuitton’s mere removal of the photographs from the website will have allayed the concerns of the Foundation, even though neither Louis Vuitton nor Foundation Louis Vuitton have issued any sort of formal apology or withdrawal of the campaign. At this time, there have been no further developments in this story.

May 2023

Sasha Skochilenko: Russian Artist in Pretrial Detention Center for Anti-War Protest at Market

A Russian artist, Sasha Skochilenko (b. 1990), has been detained in a Russian pretrial detention center for over a year since she was arrested for placing anti-Russian army notes in place of price tags at a market stall as an artistic protest. This protest was noted and immediately reported it and Skochilenko to the Russian authorities.

Skochilenko, interrogated for eleven days following the report, was eventually seized and taken to the detention center on claims of spreading “fake news about the Russian army” in violation of the Russian law that prohibited the dissemination of “knowingly false” information and discrediting the Russian army, with penalties of prison up to 10 years and hefty fines. However, the prosecution remained vague on how exactly the information in Skochilenko’s protest was “knowingly false.”

At the first hearing in Skochilenko’s case in April 2022, the judge ruled in favor of the prosecution, despite a history of siding with activists, and declined to grant Skochilenko house arrest due to her celiac disease and bipolar disorder, instead claiming that she was a flight risk and sentencing her to remain in a pretrial detention center in St. Petersburg, where she has remained since. Her next hearing is scheduled for July 2023, and her defense attorney is also now facing unknown disciplinary charges, which will be heard in April 2023 and may cost him his law license.

To highlight Skochilenko’s predicament, the Koppel Project in London has created an exhibit featuring her art made in prison. The exhibit is located in a repurposed police station, with many of her drawings hung in the former cells, emphasizing their origin and her state. Visitors are able to write Skochilenko notes about what they would want to do to help her. Skochilenko has stated that the public outcry since her arrest and year-long detention has provided some help to her, even if she is still in prison because the prison guards are now afraid to harm her. In her own words, “But behind my back, the colossal civil society has risen. If only YOU could see how polite the high-profile officials are with me now. I scare them like a flame, and no one has laid a finger on me here—and it’s not because of me, but because of YOU all: independent media, journalists, civil activists, performers, human rights activists, free hippies, musicians and artists, and also just peace-loving men and women with a conscience and empathy.”

Read more about Skochilenko’s arrest and detention HERE, and about the Koppel Project exhibit and her current circumstances HERE.

Summer 2023

Global Summit Convenes in UK to Address Unclaimed Holocaust Property Stolen from Jews and Others. The UK convened an urgent international gathering on March 28 to tackle the mounting crisis of unclaimed Holocaust-era property, much of which was looted from Jews and other victims by the Nazi authorities. The gathering, attended by delegates from various nations, centered on the pressing issue of reuniting these possessions with their rightful heirs. Eric Pickles, the UK’s special envoy for post-Holocaust matters, cautioned that the window for reparation is rapidly closing as survivors capable of identifying their belongings diminish. Pickles, together with Mark Weitzman, COO of the World Jewish Restitution Organization, emphasized the need for swift action within the next five years to stave off irrevocable losses. Despite challenges posed by geopolitical events such as Russia’s actions in Ukraine, progress has been made in countries like Lithuania, Latvia, and Moldova. The conference’s participants committed to further collaboration and future events to expedite property restitution, aligning with the Terezin Declaration’s principles and the Washington Conference Principles on Nazi-Confiscated Art. These endeavors signify a global pursuit of justice and commemoration, reclaiming stolen history and preserving the memory of Holocaust victims.

From Looted to Reclaimed: Italy’s Triumph in Recovering 266 Antiquities. Italy celebrated the successful repatriation of 266 antiquities from the United States, highlighting the return of Etruscan vases, Roman coins, and mosaics worth millions of euros. These artifacts were unlawfully acquired, looted, and subsequently sold to American museums and private collectors. The restitution included items recently seized in New York from a storage unit linked to British antiquities dealer Robin Symes. Notably, the collection encompassed artifacts declined by Houston’s Menil Collection due to concerns about their provenance. The voluntary return of these items was prompted by the determination that they were obtained through clandestine archaeological excavations, as confirmed by Italy’s Carabinieri police. The repatriated items had remarkable histories, including an Apulian krater dating back to 335 B.C., seized in New York and connected to the renowned dealer Giacomo Medici. Additionally, two Etruscan tile paintings originating from the Cerveteri necropolis site were involved, having been looted in the 1980s and sold through Symes to New York collectors. Italy’s persistent efforts to recover looted antiquities have included previous retrieval of 750 objects from Symes’ London company, emphasizing the country’s commitment to preserving its cultural heritage. The restitution agreement, resulting from complex negotiations, also allowed Symes to address financial obligations using proceeds from select item sales.

Italian Painter Arrested for Connection to Forged Old Masters Scandal. Italian painter Pasquale “Lino” Frongia, 65, was arrested on June 26 in Emilia, northern Italy, amid the ongoing investigation of Old Masters forgery scandal. Connected to renowned art dealer Giuliano Ruffini who was arrested in December 2022, the two and Ruffini’s son, Mathieu, allegedly generated over $220 million in forged Old Masters sales across major global art markets. Frongia’s arrest follows a new warrant issued by French judge Aude Burési, linking him to the forgery scheme, though Italian courts initially resisted transferring him to France due to inconsistencies in the charges. Ruffini was transferred to Paris and charged with gang fraud and money laundering, while his son, Matthieu, faces money laundering allegations and was allowed to return to Emilia after posting bail. Both the Ruffinis and Frongia deny the accusations. Giuliano Ruffini contests forensic expertise labeling the sold paintings as forgeries while his son denies any knowledge of wrongdoings. Frongia claims payments from Ruffini were for legitimate sales and restoration work, although investigations suggest otherwise, alleging money transfers from Matthieu to Frongia.

Lisbon’s Museum of Contemporary Art to Showcase Artworks Confiscated from Portuguese Collector.

Scheduled to open its doors in October 2023 in Lisbon, Portugal, a new contemporary art museum will prominently showcase artworks drawn from a collection that had previously been subject to state confiscation. Comprising over 900 art pieces, the collection boasts works by eminent artists including Pablo Picasso, Joan Miró, Piet Mondrian, Gerhard Richter, and Francis Bacon. A 2006 valuation by Christie’s auction house estimated its worth at €316 million ($352 million). This collection, renowned as the Berardo Collection, was owned by prominent Portuguese business tycoon José “Joe” Berardo. Scheduled to be showcased in the museum’s inaugural presentation on October 28 at the Museum of Contemporary Art, the Berardo Collection is set to share the spotlight with other noteworthy collections such as the Ellipse Collection, the Teixeira de Freitas Collection, and an independent exhibition featuring the works of Belgian artist Berlinde de Bruyckere.

The case: The Portuguese government seized control of the Berardo collection in 2019 subsequent to Berardo’s failure to settle a debt exceeding $1 billion to three Portuguese banking institutions. Notably, the artworks in question were employed as collateral against the bank loans in question. Following these events, Berardo faced legal proceedings related to alleged fraud, leading to his arrest in 2021. Subsequently, he was released on bail.

It had been alleged that Berardo took steps to transfer a portion of his art collection into a trust arrangement, purportedly as a measure to shield these artworks from potential creditors. The situation unfolded following his testimony before a parliamentary committee in May 2019, during which he asserted that he bore no personal debt and that the loans he had procured were on behalf of companies with which he held affiliations. Subsequent to this testimony, the collection situated at the Museu Coleção Berardo was seized as collateral in accordance with legal proceedings. Portuguese authorities initiated an investigation into alleged instances of money laundering and tax fraud involving several domestic banks. Berardo was accused of orchestrating a scheme to defraud the state-owned Caixa Geral de Depósitos (CGD), one of the three banks that initiated legal proceedings against him. The allegations contended that CGD sustained losses amounting to $521 million. Prosecutors asserted that the decision by CGD to extend a loan to Berardo’s business group was marred by deviations from “good practices” and potentially constitutes criminal conduct. At present, CGD has refrained from issuing any public response to the statements put forth by the prosecutors.

The Berardo Collection is not the sole collection embroiled in controversy, as the Ellipse Collection also bears a complex history. This assortment was curated by the late banker João Rendeiro, who found himself ensnared in bankruptcy proceedings and subsequently fled the country in September 2021. His eventual arrest in South Africa nearly a year later was followed by his unfortunate demise by suicide while in custody during the month of December. The unveiling of this museum establishes an unparalleled platform for both art aficionados and the general public to engage with the Berardo Collection’s multifaceted artworks. Furthermore, it offers an opportunity to explore the nuanced narratives surrounding these art pieces and the collectors involved.

October 2023

Reina Sofía Museum Lifts Ban on Photography of Picasso’s ‘Guernica.’ The ban on photographing Picasso’s anti-war masterpiece, Guernica (1937), has been lifted by the Reina Sofía Museum’s new director, Manuel Segade. This restriction, in place for over 30 years, was lifted at the beginning of September 2023. Guernica, depicting the horrors of the Spanish Civil War, was acquired by the Spanish Republic in 1937 and spent World War II at New York’s Museum of Modern Art, returning to Spain in 1981. It resided at the Prado Museum until 1992 when it moved to the Reina Sofía. Museum officials hope that lifting the ban will enhance the flow of traffic within the institution and attract a younger audience. Notably, last summer, Mick Jagger had a private viewing of Guernica during the museum’s closure and was allowed to take a photograph. The debate over visitor photography has raged for decades, with concerns about potential damage to artworks and the argument that it doesn’t substitute for the firsthand experience of viewing the pieces.

November 2023

Jean Michel-Basquiat work- foiled art forgery or “childish prank”? A sculptural frame supposedly by Jean-Michel Basquiat, offered for $3 million at TEFAF in 2017, was revealed to be an elaborate creation by Austrian artist André Heller. Heller admitted to assembling the piece, embellishing authentic sketches by Basquiat with red paint, nails, and a broom handle. He placed a genuine Basquiat portrait acquired in 1990 within this frame, later showcased at the Viennese gallery Wienerroither & Kohlbacher. Heller described the work as a mix of truth and fiction, considering it a “childish prank”. Despite not selling at TEFAF, the piece was eventually bought for 800,000 euros in 2018. While Heller stated that the frame wasn’t sold with a certificate of authenticity and was considered an independent artwork by both him and the gallery, Basquiat expert Dieter Buchhart expressed shock upon discovering the truth, refuting claims that he had authenticated the piece. Heller, denying forgery allegations, repurchased the frame. Read more here.

Spring 2022

Cancel Culture: Russian edition

Christie’s, Sotheby’s and Bonhams have cancelled sales of Russian art in London, in compliance with the art market’s response to the sanctions imposed on Russia. The auction houses typically hold sales of Russian art in June and November in what is known as “Russian art week,” where wealthy Russians are often buyers– the London Russian art auction is also one of the most popular among the Russian oligarchs. The last Russian art auction held by Sotheby’s in London in November 2021 made a total of £17.7m, which is described as the higher total than that of all other auction houses holding Russian sales combined. The uncertainty of the war and complex logistical and legal requirements related to sanctions were cited as a few reasons for the auction houses to cancel the sales of Russian art in June.

UNESCO Statement

Through out the full-scale invasion of Ukraine UNESCO has been providing aid and raising awareness to the threats faced by cultural centers, heritge and human lives. Follow the measures offered and aid provided HERE.

Summer 2022

Coming Home. The Natural History Museum of Vienna (NHM) is returning two skulls, which belonged to a Hawaiian man and woman from the colonial era to the United States. An English adventurer, William Green, had stolen them from a grave in the 19th century, after which the skulls were sold and were part of a collection in the U.K. They then made their way to Vienna and were donated to NHM at the time. With the returning of the skulls, NHM aims at recognizing the moral and ethical injustices in the colonial period caused by their ruthless collecting practices.

Museums to label Nazi looted art in New York. In summer of 2022, New York passed a legislation that requires museums in the state of New York to disclose whether objects in their collections were looted by Nazis in Europe during the Second World War. Any exhibited artwork that changed hands due to “theft, seizure, confiscation, forced sale, or other involuntary means” during World War II and the run-up to that conflict must be accompanied by a wall label or placard detailing its history. Anna Kaplan, the state senator who sponsored the legislation stated that the law would “empower” the art community to be more accountable. The regulation, signed into law by Governor Hochul is a part of a trifecta of legislation to educate New York on the Holocaust and support survivors.

Fall 2022

Odesa, Ukraine: An Appeal to Save A City’s Cultural Heritage, and Perhaps the City Too In a pre-recorded video presented to UNESCO’s executive board this October 11, 2022, President Volodynyr Zelensky of Ukraine made a formal application for the organization to recognize the Ukrainian port-city of Odesa as a UNESCO World Heritage Site. Odesa, home to the historic Odesa Opera House, a stairway to the harbor featured in 1925 film Battleship Potemkin, and a controversial statue of Catherine the Great, has been bombed several times by Russia since its initial invasion of Ukraine this year, posing a threat not only to residents of Odesa, but to several cultural and historical landmarks in the city. In his message to UNESCO, Zelensky asked two things of the organization: to fast-track the process of granting Odesa World Heritage status, and to expel Russia from Unesco as a means of denouncing Russian actions towards Ukraine.

UNESCO representatives have stated that Zelensky’s appeal “marks confidence in UNESCO’s protection mechanisms.” Indeed, once a site is declared part of the World Heritage Site list, the site becomes protected under Geneva convention against destruction during a war. There are currently 1154 UNESCO World Heritage Sites, seven of which are in Ukraine. If Odesa were added to the list, it would mark the eighth site of cultural history in Ukraine protected by UNESCO against Russian attacks.

Tagore’s Art Under Nazi Regime: A Lost Legacy. Five artworks painted by Rabindranath Tagore, a revered Indian poet and Nobel laureate, have been lost to history due to the Nazi regime’s crackdown on modern art. Painted in vibrant inks and gouache, these pieces featured birds, humans, and a girl in a red robe. Notably, these artworks secured a place in a prominent Berlin museum after Tagore gifted them to Germany in 1930. Tragically, the Nazi regime later purged these pieces, considering them “degenerate” in line with their campaign against modern art. Hitler’s vehement distaste for post-impressionist art led to the removal of over 16,000 artworks, including those by notable artists like Van Gogh. The reason behind Tagore’s paintings being targeted remains speculative, with art historians suggesting that their modernist nature made them easy targets for demonization. Tagore’s strong presence in Germany during his visits and his contribution to modern art were celebrated until the Nazi purges erased their significance. Though some of his paintings were eventually returned or located, others remain lost, representing a poignant episode in the history of art and cultural censorship. Tagore’s artistic journey, marked by prolific creativity and innovative expression, was sadly impacted by the tragic turn of events under Nazi influence.

Is AI really art? Getty Images has banned the upload and sale of images generated by using AI art tools such as DALL-E, stating that there are pressing copyright concerns and unaddressed rights issues related to imagery, metadata and subjects contained within the illustrations. While the creators of AI image generators state that the technology is legal, there is no guarantee that this status won’t be contested. AI and machine learning applications sample other artists’ and therefore reference thousands of pieces of work from other artists to create AI-derivative images. Getty images will rely on users to identify and report such images generated by AI to remove them, though there it will be challenging to enforce the ban.

UK clearing out money laundered property? Labour-run Westminster Council in London is exploring whether compulsory purchase powers can be used against the owners of luxury houses who fall behind on their council tax. Westminster’s suggestion is that these multi-million pound properties could be turned into affordable housing to reduce the 4,000 person waiting list. There is the suggestion that Westminster could expand this power if property was bought with so called ‘dirty money’ as part of a crackdown on money laundering. Since 2016, Russian oligarchs accused of corruption have purchased property in Westminster worth £430 million. The council is currently examining this avenue in relation to a property registered in Seychelles which is in council tax arrears. However, there are transparency issues with regard to property ownership as some such properties appear to be held by untraceable’ shell’ companies and whether they have authority to use compulsory purchase powers in this context at all. Thus, limiting this potential route’s practical impact and how close to realisation it is.

Let’s get physical… or digital? Artist Damien Hirst in collaboration with HENI, an international art services business launched a project to understand the relationships between property and NFTs. Hirst offered 10,000 NFTs from his collection of famous dot paintings for sale. Buyers had the option to either retain the artwork in NFT form or swap it for the physical work. If the choice was to retain the NFT, then the physical work was burned, and if they chose to swap it for physical artwork then the NFT was destroyed. 5,149 buyers chose the physical work and 4,851 retained the NFT. Hirst stated that this might indicate the steady attachment for physical work over digital art, and that he himself found it tougher to burn the paper as opposed to the NFT.

(Not) Getting back the Guelph Treasure. The U.S. District Court for the District of Columbia dismissed a lawsuit filed by the heirs of Nazi-era Jewish art-dealers against a German museum foundation over valuable medieval relics known as Welfenschatz or Guelph Treasure. The heirs state that the Guelph Treasure was sold under duress and at a drastic discount in Nazi-era Frankfurt. 42 of the pieces that were sold ended up in the Museum of Decorative Arts in Berlin. In 2014, a German arbitration commission ruled that the museum had acquired the collection legitimately and did not need to return the artifacts. As a result, the heirs sued the foundation in the United States. The U.S. District Court stated it lacked jurisdiction to hear the lawsuit and granted the foundation’s motion to dismiss the case, barring an appeal by the plaintiffs.

January 2020

Portrait in “Wall-y”. The missing Gustav Klimt masterpiece “Portrait of a Lady,” was found in the walls of an Italian villa. This painting went missing in 1997 from the Ricci Oddi gallery in the northern city of Piacenza. If the piece is authentic it’s recovery will offer some objectively good news to the art world.

Name Sacked. The Smithsonian Institution’s Freer Gallery of Art and Arthur M. Sackler Gallery in Washington, DC rebrands itself as the National Museum of Asian Art. The institutions denied that the new name was related to the opioid controversy. Fighting Words. Troubled by comments from the White House? Here is a link to The 1954 Hague Convention, to which the US is a state party, that outlines principles concerning the protection of cultural property during armed conflict. Also as a reminder, in 2017, the International Criminal Court ordered prison sentence and reparations against Ahmad Al Faqi Al Mahdi, an individual convicted of war crimes for destroying cultural property in Timbuktu, Mali.

We have no Words. Maurizio Cattelan’s banana sculpture, “Comedian,” which drew huge crowds at the Miami Basel, is entering a museum collection. According to Miami collectors William and Beatrice Cox, they aim to loan the sculpture to a major institution to attract new generations and then gift it at a later date. Read our opinion on the art market going bananas.

Calls for Return. Egyptian archaeologist and a former antiquities minister, Zahi Hawass, is launching a private campaign for the restitution of treasures from Europe’s leading museums. After being denied his request for the loan of three treasures––the Nefertiti painted limestone bust (1345BC), the Rosetta Stone (196BC), and the sandstone Zodiac ceiling with its map of the stars (50BC)––in 2007, Hawass now seeks the permanent return of them.

Axe Job. The 2017 Russian avant-guarde exhibit in Ghent that was not because more than 20 loaned paintings were branded as forgeries continues to make the news. In December 2019, the husband and wife collector-duo that loaned forgeries to Ghent were arrested on charges of fraud and money laundering. A complaint against Mr. and Mrs. Toporovski from a group of international dealers and art historians was filed by Geert Lenssens in Ghent. The couple is represented by a Brussels-based attorney, Sébastien Watelet.

Holy Trade. Spanish police are investigating a wooden sculpture of Saint Margaret of Cortona that turned up at TEFAF New York last November. It is suspected that it was illegally sold by a convent in Corona, who claim they still have it in their possession (although no one has seen it).

Science of Art. Computer scientists from the U. of California are claiming that they solved the mystery of the orb held by the Christ in Leonardo da Vinci’s “Salvator Mundi.” Virtual rendering of the painting suggests that the orb is hollow, which would explain why the fabric behind it is distorted the way that it is––a feature that art experts have previously pointed to when arguing that the painting is not a genuine da Vinci, as the artist had studied optics and would not have made such a mistake. The abscence of Salvator Mundi from the da Vinci show in Paris is harder to explain.

Public Domain Day. January 1, 2020 marked the day when artworks dating back to 1924 entered the public domain and became free to reproduce in the United States. Among those: Georgia O’Keeffe’s “Flower Abstraction,” Edward Hopper’s “New York Pavements,” and Lyonel Feininger’s “Gaberndorf II.”

February 2020

Dark Humor. On November 25, 2019, four thieves stole approximately €1 billion worth of priceless jewels from the Dresden Green Vault in Germany. “Experts,” who purport to have been hired by the Museum, claim to have searched the dark web and that they received an offer to buy two sets of Dresden’s stolen jewels from an anonymous buyer for €9 million each in bitcoin. However, the Dresden museum denied hiring them and is offering a reward for information.

Walled-in Update. 23 years after the 1997 theft of Gustav Klimt’s “Portrait of a lady” (1916-17) from a gallery in Piacenza, Italy, the painting was recently recovered inside a garbage bag placed within a wall of the garden of the gallery, and experts have confirmed its authenticity.

Franco-German Relations. German minister Monika Grütters returned three paintings that were looted by the Nazis and acquired by Hildebrand Gurlitt, Adolf Hitler’s art dealer, to the heirs of Armand Dorville, a Jewish lawyer and art collector who fled during the German occupation of Paris and died in 1941. This was made possible through the research performed by French art historian Emmanuelle Pollack, who has recently joined the Louvre to investigate its wartime acquisitions.

Impressionist Auction. On February 4th, Sotheby’s will auction three Impressionist paintings with a joint estimated value of £20 million that were restituted to the heirs of Gaston Prosper Levy, namely Camille Pissarro’s “Gelée blanche, jeune paysanne faisant du feu” (1888), Paul Signac’s “La Corne d’Or” (1907) and “Quai de Clichy. Temps gris” (1887). The latter had been discovered in possession of Cornelius Gurlitt.

Messian Tableware. The Dutch government will return part of an 18th Century Meissen tableware set to the heirs of German-Jewish banker Herbert Gutmann. This is in response to the Dutch Restitution Commission’s findings that while the pieces were purchased legally, they were sold under duress from the Nazi government in 1934.

Yet Another Database. The German Lost Arts foundation has launchedProveana, Germany’s most comprehensive database for provenance research. The database focuses on the theft of cultural property between 1933 and 1945 resulting from Nazi rule, World War II and from the subsequent Soviet occupation of Germany. It is intended to benefit collectors, museums and descendants of deprived parties as well as provenance researchers.

Great Plans. Paris gallery owners plan to return looted antiques taken from Benin more than 120 years ago during colonial occupation. The cultural artifacts are expected to be returned to Abomey, Benin once the museum is completed in 2021. The gallery owners are financing the construction of the Benin museum, with plans to transform the region into a UNESCO World Heritage Site.

New Museum Ha(a)cked. Hans Haacke’s New Museum Visitors Poll project in New York City has been hacked by Parson’s Professor Grayson Earle and an anonymous partner (“M”). The Poll was part of a body of work intended to raise political awareness. The hackers claimed to critique the museum’s “capitalist agenda,” specifically how the museum dealt with its staff’s recent efforts to unionize.

Brexit in time. On January 10, 2020, the 5th EU Anti-Money Laundering Directive went into force, requiring art dealers to conduct added due diligence on clients in transactions in excess of EUR 10,000. Query: are UK dealers still subject to this requirement?

Not A Gauguin. In 2002, the J. Paul Getty Museum bought a sculpture, attributed to Paul Gauguin, “Head with Horns” from Wildenstein & Company for $3-5 million; it was recently deemed inauthentic. The sculpture was never signed by Gauguin and photographs show it on a pedestal not carved in any of Gauguin’s known styles.

Suffrage Celebration. On January 16, 2020, the Park Avenue Armory and National Black Theater announced its “100 Years | 100 Women” initiative in recognition of the centennial of the 19th Amendment to the US Constitution giving women the right to vote. ten New York City institutions, including the Apollo Theater, the Juilliard School, the Metropolitan Museum of Art, and New York University are invited to work together to elect 100 women artists to mark the milestone anniversary.

That’s Settled. A claim for for millions in damages and 18 causes of action alleged on 55-pages, for nondelivery of works of art by Jeff Koons, and filed in April of 2018, has been discontinued, a/k/a settled between an art collector Steven Tananbaum and Gagosian Gallery. Complaint and accompanying filings make for an interesting read regardless.

March 2020

UNESCO Goes Digital. Google Arts & Culture launched a new digital visualization platform that calls attention to five UNESCO World Heritage sites under threat from climate change. It documents the threat to each site, including rising sea levels, coastal erosion, and extreme weather patterns.

Antiquities Seized. Bulgarian authorities have authorized the Bulgarian National Museum of History (NIM) to seize the antiquities collection of Vasil Bozhkov, who was indicted in absentia for charges that include leading an organized crime group, extortion, and blackmail. Bozhkov is currently being held in the U.A.E., pending an agreement on extradition. The Bozhkov collection includes more than 3,000 pieces from across Europe and covers almost 4,000 years of history.

Bordering on Illegal. A burial site of the Tohono O’odham Nation has been destroyed in an effort to build a border wall between the United States and Mexico. Under the authority of the 2005 REAL ID Act, the Trump administration waived dozens of laws, including the Native Graves Protection Act and numerous environmental regulations, in order to build on this site.

Vandals in Melbourne. On February 9, 2020, a dozen masked individuals destroyed Melbourne’s Hosier Lane, a street art outdoor gallery that attracts 5,000 visitors per day, by covering its iconic graffiti walls with pink, blue, yellow and blue paint. The City of Melbourne has filed a complaint with the police, calling the destruction “self-centered…damaging and creates no value for anyone.”

Top Three. The estate of Donald Marron unconventionally decided to sell Marron’s art collection privately through top three galleries: Pace, Gagosian, and Acquavella. Marron’s art collection is some 300 works, reportedly worth upwards of $450 million, including paintings from prominent modern artists such as Pablo Picasso, Mark Rothko, and Cy Twombly. Reportedly one of Marron pieces already sold for about $70 million. You do the math.

Self-Exploding Art or Sabotage? Gabriel Rico’s “Nimbre and Sinister Tricks (To Be Preserved Without Scandal and Corruption)” was destroyed while it was on exhibit at Galería OMR in Mexico City. Avelina Lésper, an art critic, allegedly placed an empty can of Coke on a stone element of Rico’s $19,000 contemporary glass sculpture, which subsequently exploded.

Restitutions:– Ethiopia. The Dutch government recently returned a stolen 18th-century ceremonial crown to the Ethiopian government. The artifact went missing from a church 21 years ago. Sirak Asfaw, a Dutch civil servant born in Ethiopia, claimed he found the crown in a suitcase left behind by a guest in his apartment and kept the priceless object hidden for 21 years. He later approached the Dutch Ministry of Foreign affairs to let them know he was in possession of the object.

– India. The Indian government is requesting that the Ashmolean Museum in Oxford return a 15th-century bronze idol of Saint Tirumankai Alvar. The idol was stolen from a temple in the Tamil Nadu province of India in the early 1960s and replaced with a forgery. Sotheby’s bought the idol for £850 in 1967 from Dr. J.R. Belmont, an art collector specializing in Indian sculpture.

– Haiti. The U.S. conducted its first repatriation of artifacts to the nation of Haiti. The 479 cultural and historical artifacts represent the FBI’s single largest recovery of cultural property, as part of the US commitment to protecting Haitian heritage.

– Nigeria. Mexico returned an ancient bronze statue to Nigeria after it was seized by customs officers in Mexico City as smugglers attempted to bring it illegally into the country. The art world is not immune to the Coronavirus outbreak: fairs have been cancelled, such as Art Basel Hong Kong, and museums such as the Louvre and many institutions in Northern Italyhave closed their doors to the public due to public health concerns.

Scouting for Money. The Boy Scouts of America may be forced to sell its fine art collection, including 65 pieces by Norman Rockwell. The Boy Scouts filed for Chapter 11 bankruptcy this month in response to hundreds of lawsuits alleging sexual abuse. The artworks may be the Boy Scouts’ most valuable assets, as the current record for the sale of a Rockwell painting was set at $46 million dollars in 2013.

DIY Art. Artist Ai Weiwei collaborated with the German home improvement store, Hornbach DIY, to sell a work of art which buyers can assemble themselves. The work, entitled “Safety Jackets Zipped the Other Way” costs between €150 and €500 depending on the model and comes with all of the necessary parts, instructions from the artist and a certificate of authenticity.

Paying Irish Artists. Ireland’s Arts Council developed a three-year plan to create a policy that will improve the living and working conditions of artists in Ireland. The plan seeks to acquire data on equitable pay for artists and organizations willing to contract fairly with artists for future projects.

April 2020

Labor Law. Many in the arts industry are facing layoffs and furloughs, including employees at Sotheby’s, Mass MoCA, the MFA, the Cleveland Museum of Art, and the Metropolitan Opera. Workers at the Met Museum of Art negotiated being paid through May 2, 2020.

Nonprofit Law. While arts-related employers, employees, and freelancers are learning to navigate the reality of employment law and union negotiation, many art funds and charitable at heart are stepping up their support of the arts, including J. Paul Getty Trust.

Contract Law. Working Artists and the Greater Economy (W.A.G.E) published a set of guidelines for the postponement or cancelation of work to help artists and nonprofit institutions navigate the effects of COVID-19 on artists’ contracts and work agreements.

Happy Birthday. On Vincent Van Gogh’s birthday, one of his paintings titled “The Parsonage Garden at Nuenen in Spring 1884” (1884) was stolen from the Singer Laren museum in the Netherlands, which has been closed to the public due to the coronavirus outbreak. Unsurprisingly, the museum Director is “unbelievably pissed off.”

New Restitution Guidelines. Arts Council England (ACE) has asked The Institute of Art and Law to develop new guidelines for UK museums on restitution. These new recommendations are planned for publication in Fall 2020 and will replace the outdated guidelines that were published in 2000.

Fake Australian Art. Australian First Nations people have been dealing with an influx of counterfeit art with up to 80% of pieces of supposedly aboriginal origin in tourist shops being either fake or not traceable to a First Nations artist. Arts Law Australia has attempted to provide First Nations artists with assistance in protecting their work but have run into difficulty as Australian copyright law protects individual pieces but cannot be used to prevent non-First Nations people from creating works in the style of First Nations art.

Stone-Cold Thieves. Since the devastating fire last April, Paris’s Notre Dame Cathedral has been undergoing restoration. However, intensifying COVID-19 quarantine measures in France has halted the restoration efforts indefinitely. Two men were apprehended by guards after allegedly breaking into the construction site and attempting to sack several fallen stones from inside the cathedral. Despite the construction pause, the Notre Dame Cathedral remains guarded 24-hours per day.

#MuseumChallenge. While museums are closed, institutions such as the Getty and the Met challenged their social media followers to let their creativity speak by restaging famous paintings from their collections.

Forged Dead Sea Scrolls. All 16 of the fragments of the Dead Sea Scrolls which are currently part of the Museum of the Bible’s collection have been confirmed as forgeries. The Dead Sea Scrolls include the oldest known surviving copies of the Old Testament and these fragments were one of the most valuable elements of the Washington DC museum’s collection. A team of researchers found that while the fragments were made of ancient leather, they were inked in modern times. These forgeries draw attention to the museum’s questionable and often unethical collection practices during its formation.

Wake Up, Digital Art Galleries! Due to increases in fraud and theft on the digital marketplace, Nederob is asking digital art galleries to unify their efforts to establish a foundation, create a legal framework capable of identifying fraud and theft, and build a protocol to prosecute criminals where needed.

Turning a Blind Eye. German researcher Sibylle Ehringhaus has resigned from the Georg Schäfer Museum in Bavaria after identifying several artworks with tainted provenance, which, to this date, the museum does not plan to return. Her research shows that at least 20 artworks belonged to Jewish owners, but the museum claims that “the art was bought legally and in good faith” and that compensating the victims of the Nazi occupation is a state function. Ms. Ehringhaus has claimed that the museum denied her access to historical documents vital to her research and has forbidden her from contacting other museums with research inquiries.

May 2020

Open With Caution. After China lifted its social distancing rules, the UNESCO world heritage site of the Huangshan mountains in Anhui province was flooded with visitors and was eventually closed back temporarily in March. Meanwhile, the Forbidden City has been reopened but visitor numbers are restricted to 5,000 a day.

Museums Take the Hit. As Singapore was hit by a second wave of coronavirus, its museums have been closed since beginning of March. On April 22, 2020, The Metropolitan Museum of Art laid off more than 80 employees, after it revised its budget to address the pandemic, expecting its losses to reach $150 million. Meanwhile, in Germany, museums are preparing to reopen with strict social and hygiene measures in early May. In France, “small museums” will be reopened starting May 11.

Rent! While landlords in Dubai’s Alserkal Avenue arts district waived rent for the next three months, New York galleries which closed amidst the COVID-19 pandemic now seek rent relief and started petitions to #cancelrent.

Going Online. As the British Museum launched its newly revamped online catalogue, it mistakenly credited “Her Hakki Mahfuzdur”, the Turkish term for “all rights reserved”, as Turkey’s largest producer of postcards. This week, the Museum also launched its new platform CircArt, identifying possible provenance issues regarding pre-Islamic antiquities from Egypt and Sudan.

Surveying the Arts. According to an early survey by Americans for the Arts, financial losses to the US nonprofit arts sector are estimated to be $4.5 billion as of April 6. More recently, Artist Relief estimates that 95 percent of artists reported loss of income due to the pandemic.

Moral Rights, Anyone? A Brooklyn-based art collective purchased a Damien Hirst print for $30,000 and cut out its dots to sell them for $480 each, along with its hollowed-out frame “88 Holes,” as an act of protest against fractionalized art investments.

Smugglers Go Online. The Antiquities Trafficking and Heritage Anthropology Research (ATHAR) Project reported a surge in offers for looted antiquities over Facebook in the wake of COVID-19, pointing to the vulnerability of cultural sites during times of crisis.

Thou Shall Not Steal. Mid-April, Oxford papyrologist Dirk Obbink was arrested for allegedly selling 13 fragments of biblical fragments excavated from Egypt to Steve Green, President of the arts and crafts chain Hobby Lobby and Chairman of the Museum of the Bible in Washington, DC. The Museum has announced that it will return 11,500 pieces with dubious provenance to Iraq and Egypt.

Please Don’t Stop The Music. The London police stopped Sotheby’s auctioneer Helena Newman from playing concerts with her family’s string quartet in front of their West London home, fearing that the concert encourages neighbors to break the lockdown to watch from the street. Andrew Lloyd Webber started screening his musicals to keep people at home and mesmerized.

Russian Lore Trove. Art historian Andrey Sarabyanov discovered dozens of works by avant-garde Russian artists such as Kandinsky, Rodchenko, and others in the basement of the Yaransk Museum of Local Lore in Russia.

Save the murals.Battle to save concrete Picasso muralsin Oslo intensifies after MoMA steps in. “Workers at the Y-Block site have started drilling, but it’s worrying as once they start moving the mural, it will crack,” says co-creator’s daughter.

Webcam Photos. An artist used screenshots from a video feed to document Italy’s deserted streets. Now the webcam company responsible is demanding payment. The company, SkylineWebcams,is seeking €2,100 after Radisic used 40 of its images.

June 2020

What Do You Figure? DespiteProfessor Chika Okeke-Agulu (Princeton University) arguing that Christie’s should not sell a pair of Igbo sculptures taken by a French collector during the Nigerian Civil War, the figurines sold for under the estimate at the Christie’s sale in late June.

No Silence Aloud. Hong Kong-based artists living in Europe are launching a platform called Silence is Compliance, featuring live-streamed performances and an online gallery, in response to China’s new national security law. Artists worry the law will restrict artistic freedom and expression. The program is spearheaded by the Young Blood Initiative, whose founder Candy Choi publicly questions if she and other artists will ever be able to return to Hong Kong after the show.

Vive les Artistes. The Paris Bar Association created the Barreau des Arts, a pro-bono initiative dedicated to helping French artists, inspired by the model of the Volunteer Lawyers for the Arts (US) and the Arts Law Center (Australia).

Innovation in Iraq. The Cultural Protection Fund of the British Council released a report outlining their recent project to help protect artifacts in two museums in Iraq. The project placed SmartWater forensic traceable liquid on to 273,000 non-organic artifacts and trained dozens of local museum officials to continue applying the innovative trackers.

Galleries Getting On. Galleries in London’s West End reopened on June 15th after months of coronavirus-related closures as non-essential businesses. Galleries collectively decided to open by appointment only, and require all patrons to wear masks and follow proper social distancing requirements.

Letter for Liberty. A group of artists in the Philippines have banned together to protest a new anti-terror bill that will allow the government to infringe on their civil liberties. They launched an #ArtistsFightBack campaign and wrote a letter condemning the new legislation that has been signed by more than 1,500 people.

Spotlight on Museums:

On June 12th, a group of demonstrators stormed into the Musée du Quai Branly Jacques Chirac in Paris to attempt to seize an African artifact. They wanted to “bring to Africa what was taken”. The five protesters were arrested and are due to appear in a Paris court on September 30th for charges of attempted theft.

On June 10th, the Chicago Museum of Contemporary Art pledged not to engage in future contracts with the Chicago Police Department until they see “meaningful changes that respect black communities.”

The Toledo Museum of Art’s director Adam Levine released an apathetic statement condemning the protests following the killing of George Floyd, before claiming the museum is nonpartisan and apolitical. Artists organized a protest at the steps of the museum, demanding the museum do better to use its platform to end police brutality and racial injustice. The museum has since released two new statements outlining plans to increase representation in its collection.

Must Come Down. Over 200 monuments have been toppled or removed across America. Most notably:

San Francisco’s Asian Art Museumhas removed a bust of the institution’s founding patron, Avery Brundage, a twentieth-century sports administrator with an eight-thousand-work collection who developed a reputation as a Nazi sympathizer and white supremacist.
The Museum of Natural History has decided to remove the bronze statue of Theodore Roosevelt, on horseback and flanked by a Native American man and an African man, from the entrance of the museum.
While the announced removal of the Robert E. Lee statue has been stalled by two lawsuits, the city of Richmond, VA removed the confederate statues of Gen. Stonewall Jackson and officer Fontaine Maury.
Russian art collector Andrei Filatov offered to purchase the statues of Roosevelt in NYC and Alexander Baranov in Alaska, in an effort to preserve the memory of their efforts to advance Russian interests.

On the other side of the pond: The Oxford University council is debating the future of the Cecil Rhodes statue due to demands for its removal. Rhodes was a 19th-century imperialist, and the funder of the Rhodes Scholarship. Meanwhile, in Bristol, the statue of slave trader Edward Colston was thrown into the harbor. The mayor intends to display the toppled statue in a museum alongside Black Lives Matter placards, to educate visitors on the need for racial equality.

Botched. Conservation experts in Spain call for stricter laws concerning restoration work after a copy of a famous painting by the baroque artist Bartolomé Esteban Murillo became the latest in a long line of artworks to suffer a damaging and disfiguring repair. The painting was “restored” by a furniture restorer, and comparisons have been made to the botched restoration of a 16th-century polychrome statue of Saint George eight years ago.

Lost and Found. An obscure piece of US history was discovered from a cove off the coast of Manhattan. A crane salvaged what is believed to be the wreckage of the PT-59, a Navy patrol boat commanded by former president John F. Kennedy during his time in the military. The remnants of the World War II boat could wind up at a museum.

Facing the (Arti)Facts. Facebook explicitly banned the sale of historical artifacts in its marketplaces. This announcement came in response to calls from watchdog groups including the ATHAR Project to regulate the online exchange platform. Read the Center’s spotlight.

Time’s Up. Staff at the Philadelphia Museum of Art announced in late May they are launching a union drive, following recent criticism of the museum’s deficient harassment policies in a New York Times report, which named former museum manager Joshua Helmer as a repeat offender.

New Twist On Resale Royalties. The foundation Kadist, based in San Francisco and Paris, developed a new sales agreement that artists can use to make sure profits derived from their works go to a charitable cause, which the Foundation hopes will be an extra incentive for buyers.

Conceptional Art Tour. Conceptual artist Gregor Schneider is holding tours for people in his hometown, Rheydt, Germany. Stops on the tour include the birthplace of Joseph Goebbels, a top figure in the Nazi regime. Schneider is a conceptual artist who typically transforms buildings and home to create a narrative.

Decommissioning. The Guggenheim decommissioned a Donald Judd work created by collector Count Giuseppe Panza di Biumo. A certificate to create the unconstructed Judd work was sold to Panza in the 1970s, but when Panza constructed the piece, Judd argued it was not exactly how he intended. Therefore, the museums are decommissioning, or retiring, claiming the piece is no longer recognized as art. This is different than deaccessioning, as the museum will not be selling the piece.

Podcast Episode: Art Scoping on Museum Decolonization. Dr. Victoria S. Reed discusses museum decolonizationand how it relates to recent calls to remove statues representing hate and racism. She contextualizes this topical issue with references to museums collections containing colonial plunder from abroad, Nazi loot, and objects caught up in the illicit trade.

Safety in the UK’s Law Society. The UK’s Law Society outlines how firms and professionals are keeping staff safe, abiding with regulations in uncertain circumstances and the broader (and not inconsiderable) challenge of keeping “the justice system functioning”. Virtual hearings and ‘e-bundles’ are showing how remote justice is being served in art cases during the pandemic. A focus on long-term planning and contract law are among the chief lockdown concerns.

January 2019

Pablo Pranked. Picasso’s “Harlequin Head” was among paintings looted from the Rotterdam’s Kunsthal museum in 2012. The painting was reported found in a Romanian forest in the fall of 2019, but it turns out that a replica was planted there to publicize the movie “True Copy” (2018), a documentary on the forger Geert Jan Jansen, which premiered just days before the mysterious “recovery” stunt.

Here We Go Again? The anti-money laundering bill proposed in U.S. Congress last May has been stalled by mid-term elections…but will it be re-introduced in January? Questions about the severity of this crime in the art market highlight the tradeoff between burdening dealers with unnecessary regulations and preventing money laundering through the movement of artwork. Stay tuned for an article on the blog.

Help Wanted. An exhibit featuring work by Diego Rivera and Frida Kahlo – now open in Moscow – shows more than 90 works, some of which were previously unpublished from the Russian State archives. The curator hopes this exhibition will raise awareness for some of the artists’ missing works; most notably, Kahlo’s “The Wounded Table” (1940), which was the artist’s largest painting, has been lost since 1955 and, as of today, only exists in photographs.

He Said, They Said. The Danish Aros Aarhus Art Museum’s claim that they pay artists in an interview did not fall upon deaf ears. Artist duo Sofie Hesselholdt and Vibeke Mejlvang both participated in a group exhibition and gave lectures at the museum, without receiving pay. The artists spoke out to correct this claim, to which the museum responded that it spent “plenty of resources” on the artists, but failed to provide an exact description of these “resources”.

If Lost, Please Return. The chief of the Uffizi Galleries in Florence, Eike Schmidt, released a video asking German authorities for the return of the painting “Vase of Flowers” by 18th-century Dutch artist Jan van Huysum, which was stolen by the Nazis in 1943.

No Place Like Home. The UK is pushingformal legal agreements to ensure that their institutions have a shot at keeping the country’s national cultural treasures within its borders. The major impediment to this initiative are international buyers who are willing to pay the right price. This change would be the first in 65 years and prevent the reneging of sales to matching UK buyers.

The Case is Closed, and the Exhibition Opens.The 2015 UK lawsuit brought by the companion of artist Derek Jarman against art dealer Richard Salmon was settled last June, which sparked the return of all of Jarman’s works to the original owner of the Wilkinson Gallery, who first showed the artist’s work. This was apparently instrumental in the ongoing Jarman retrospective at the Irish Museum of Modern Art in Dublin.

Beauty Kills. An Italian tourist visiting the Uffizi Galleries in Florence on 15 December had a heart attack while admiring Botticelli’s “Birth of Venus” (c. 1485), depicting the goddess of love, beauty, and desire. A little too stunning perhaps?

More Transparency for Less Controversy. In the wake of colonial countries asking for the restitution of looted art, major UK museums are finally taking on the challenge to be more transparent. The British Museum audio guides, tours, and labels now provide information about controversial collections, while others are hiring dedicated staff to conduct better provenance research.

Lead the Legal Way. Artist Tania Bruguera filed a defamation lawsuitagainst the Cuban government after being released from imprisonment for protesting Decree 349. The Decree allows censorship of artistic expression in Cuba and Bruguera hopes this suit, which she believes is unprecedented in Cuba, will serve to empower other artists against the government’s intimidation tactics.

Homeless Sam. The University of North Carolina still debates where to house its statue of Confederate soldier, “Silent Sam,” that was toppled by protesters in August 2018. The proposal for a History and Education Center, which would display the sculpture in its context, was recently rejected. Chancellor to the University, Carol Folt views the monument as a “burden” and a concern to public safety.

Back to Amman. The Jordanian Antiquities Department announced the return to Amman of 58 Jordanian smuggled artifacts that were confiscated by the Canadian authorities in 2016 and 2017. These include potteries, small statues, and some colored jars and glass containers.

Dutch Principles. The Dutch Restitutions Committee favored a Dutch institution in a claim for a Nazi-era looted Kandinsky – and this is not the first time. According to the Committee’s record of rulings since its establishment in response to the Washington Principles, the Committee has a history of favoring Dutch institutions and emphasizing the importance of retaining artworks in these museums. This seemingly biased track record worries professionals in the field who feel it will deter future claimants.

*Erratum: in our last newsletter, we mentioned the Israeli “Loyalty in Culture Bill”, and erroneously stated that it had been passed – when in fact, the vote has been postponed. Artists’ protests were instrumental in delaying the vote “indefinitely.”

February 2019

Shutdown of Space Art. The government shutdown, which affected multiple art entities, had also stalled the deployment of Trevor Paglen’s space sculpture. Now that the shutdown has ended, hopefully the deployment will be scheduled.

No More Brazilian Ministry of Culture. Brazil’s new president, Jair Bolsonaro has dissolved Brazil’s culture ministry, after stating that Brazil’s Rouanet law, which allows organizations to use up to 1% of income tax to fund cultural activities, was a “waste of resources.” Members of the artistic community worry about the effects of the new president’s policies on the arts.

A One-Sided Report? French antique dealers react after the Savoy-Sarr report on restitution of cultural property was released without having been consulted. They claim that the report, commissioned by French president Emmanuel Macron, has not fully realized the overreaching ramifications of the report. In response, Felwine Sarr and Bénédicte Savoy claim the report has been misconstrued and oversimplified by the media and other critics to create fear.

The Cost of Provenance. Bern’s Kunstmuseum is seeking funding from the Swiss government for a provenance audit, after a connection between Georges F. Keller, who donated the works, and Etienne Bignou, a French art dealer and known Nazi collaborator, is reexamined. Keller’s donated artworks include pieces by Matisse, Dali, Picasso, and Modigliani, which came to the museum with little documentation. Accordingly, the museum determined that further investigation is imperative.

Diktats of Authenticity. Berlin police have seized three watercolor paintings, purportedly painted by Adolf Hitler, from the Kloss Auction House. Police received a tip questioning the paintings’ authenticity and the works are now being examined.

Artifacts Task Force. The British Museum has established an elite task force to combat the illicit trade of Egyptian and Nubian artifacts. The task force’s sole purpose will be to detect suspicious objects and falsified provenance documents.

Back to Mandel. Germany returned a painting stolen by the Nazis to the heirs of French Jewish politician Georges Mandel. The nineteenth-century painting by Thomas Couture, entitled “Portrait of a Sitting Young Woman,” was discovered in a collection bequeathed to the Kunstmuseum by Cornelius Gurlitt, son of Hildebrand Gurlitt, Hitler’s art dealer.

The Art of the Steal. On January 10th a man and woman entered Team Gallery in SoHo and stole an Ann Pibal painting titled “CBLT” worth $12,000. This echoes another heist in a Russian gallery, where a man was caught on camera casually taking a painting off the wall of a major Moscow art gallery and calmly walking out with it under his arm.

Briefly Understanding Tax Laws. Section 1031 of the old tax code allowed investors to use the sale of one piece of property (or, in this case, art) directly toward the purchase of another and get a tax break. After Section 1031 was repealed in 2017, the Trump administration replaced it with “Opportunity Zones.” This allows art collectors to invest the profits of their sales in opportunity funds, thereby lowering the collector’s taxes.

Robots Are Taking Over. Koons has continued to lay off employees, in an attempt to create a decentralized, automated production. In 2015 Koons had roughly 100 assistants working in his New York studio, but as of the start of 2019, only about 20 remain. Meanwhile, Koons continues venturing towards offsite businesses, such as his stone-cutting facility, called Antiquity Stone in Pennsylvania, as well as hiring advisers and subcontractors internationally.

Love in the Baden-Baden. A German museum in Baden-Baden will be the first to exhibit Banksy’s Love in the Bin, the work which was shredded when sold at auction in London. The work will be displayed from February 3 to March 3, in an exhibit exploring the act of imploding the art market while simultaneously advancing it.

Deaccession & Revelations. The controversial deaccession of a Sekhemka statue by the Northampton Museum & Art Gallery reappears in the news with a new twist. It appears that the 7th marquess of Northampton, whose predecessor had donated the statue to the museum, attempted to purchase the statue before it was controversially sold at auction to an unknown buyer.

Leonard-NO. In commemoration of the 500th anniversary of Leonardo Da Vinci’s death, the Louvre is creating an exhibition, for which the Italian government had agreed in 2017 to loan the Louvre a number of the artist’s works. However, Italy is now blocking the loan. The dispute is steeped in the cultural tension, as Leonardo lived his life in Italy, but died in France. This tension echoes Vincenzo Perugia, who stole the Mona Lisa in 1911 and tried to sell it to an Italian gallery, under the mistaken belief that it had been stolen from Florence.

Conflict Over Stella. Art dealer, Anatole Shagalov has issued a summons against the Paul Kasmin Gallery for “defamation, negligence, and rescission of contract.” Shagalov claims that the suit arose from a 2017 publication in which Kasmin falsely claimed an ownership interest in a Frank Stella work owned entirely by Shagalov. Complaint has yet to be made available online.

Conflict of Interests. Charles C. Bergman, chairman and chief executive director of the Pollock-Krasner Foundation, died in February of 2018. Now, Stuart Levy, Bergman’s widower, is accusing their lawyers, Ronald and Janet Spencer, of forcing his late husband to give them the right as executors over his estate. Levy’s court filings NY Surrogate’s Court include a list of the Spencers’ manipulative actions, in hopes of disqualifying them from serving as successors.

March 2019

Old Gold. A new legal dispute over ancient gold artifacts has erupted between Ukraine and Russia. The works were on loan to the Netherlands by a handful of Crimean museums when Russian annexed Crimea from Ukraine. Some 572 disputed artifacts are still in Amsterdam where they were on display when the dispute began, in 2016. A Dutch court ruled the artifacts must be returned to Ukraine, but the Crimean museums are now appealing the decision.

Copy-Verda. Gallery Sakura in France canceled an upcoming exhibition citing “public safety” concerns after it received threats that works of Guillaume Verda too closely resembled the works by Jean-Michel Basquiat. Users on Twitter were enraged claiming that the white artist appropriated the famous style of an African American artist and failed to acknowledge any influence Basquiat may have had on Verda’s work.

Holy Treasures. Papers have been found under the floorboards of the London home where Vincent Van Gogh lived as a young art dealer. One of the items found was a book of prayers and hymns. While in London, Van Gogh became a devout Christian – interestingly, Van Gogh turned to art after he failed his entrance exam to study theology.

It’s Mummifying. Customs officials at the Cairo International Airport found several mummified limbs hidden in a hollowed-out loudspeaker. The vestiges included feet, legs, hands, and arms. Officials were able to spot the limbs before they left Egypt by x-raying the package that was headed to Belgium.

Beat It. In response to the release of the HBO documentary Leaving Neverland (2019), which focuses on two adults who describe their alleged abuse by music-icon Michael Jackson, the Children’s Museum of Indianapolis has removed three items related to the artist: a poster “Power of Children,” Jackson’s iconic fedora hat, and a white sequined glove.

It’s Good to be Banksy. In 2018, ten years after its incorporation, Pest Control, the “handling service” for Banksy’s art, filed suit against an Italian company responsible for an exhibition titled “The Art of Banksy: A Visual Protest” at the Mudec Museum in Milan. According to its website, Pest Control “deals only with legitimate works of art and has no involvement with any kind of illegal activity.” In 2019, a Milan court ruled the museum should stop selling merchandise which copies Banky’s art. So much for Banksy not enforcing copyright.

The Italian Job. When thieves went to steal “The Crucifixion” by Pieter Brueghel the Younger, valued at €3m, they unknowingly stole a copy. The church, Santa Maria Maddalena in Castelnuovo Magra secretly removed the real painting for safekeeping a month before the heist. In fact, the police and the town’s mayor carefully concocted the plan and set up surveillance cameras as they were aware of the thieves’ intentions and waited for them to strike.

Laborious Dispute. Per the employment tribunal’s ruling, guest lecturers at the London National Gallery are finally being acknowledged as employees, rather than freelance contractors. Previously, these freelancers were unable to receive employment benefits, such as paid vacation, sick pay, and maternity leave. The suit began when the employees were suddenly fired in October of 2017.

No April Fool. On March 29, 2018, Sotheby’s was still suing London-based art dealer, Mark Weiss, in London’s Commercial Court, over the authenticity of a small portrait purportedly by Frans Hals. Sotheby’s sold the work to an American dealer, Richard Hedreen for $11.2m. Subsequently, Sotheby’s director of scientific research determined that the painting was a modern forgery. In 2016, the auction house returned Hedreen’s payment and reimbursement from Weiss. On April 1, 2019, the dealer “agreed to pay $4.2m” to the auction house. The case seems to be proceeding against another defendant.

Truth in Oklahoma. The 1974 amended law, Oklahoma Indian Arts and Crafts Sales Act, had been found to violate the U.S. Constitution due to its narrow definition of Native American. Unless reversed, the decision will stand for the proposition that an artist does not need to be a member of a federally recognized tribe in order for their work to be labeled as “Native American.”

Polonaise Proficiency. Poland is continuing its efforts to retrieve a Rococo painting entitled “Girl with a Dove” (1754), stolen from a Polish museum in 1943. The current owner, New York art dealer Alexander Khochinsky, has refused to return the work despite Poland’s attempts to extradite him from the US and subsequently from France. Khochinsky claims to have acquired the painting in good faith but extended an offer to the Polish government asking, in exchange for the painting, for the return of property belonging to his Polish-Jewish relatives (which was lost when they fled Poland during WWII). Poland refused and is now attempting to extradite the dealer again and is threatening to jail him for 10 years. On March 6, Khochinsky was allowed to leave France for a hearing in Poland, which was continued to June 5 to allow for the translation into French of the documents from the various court cases. In the meantime, Mr. Khochinsky may travel within the E.U., but not outside of it. Meanwhile, his attorney Nicholas O’Donnell successfully asked the D.C. District Court to have Poland defaulted in the lawsuit.

Yemen Cultural Heritage. Yemen’s ongoing civil war, which started in 2015, has resulted not only in the loss of human life but also destruction and looting of cultural and historical artifacts. In order to recover missing tangible property and to prevent continued smuggling, the Yemenite government has requested that the US and the United Nations issue an order which denies Yemenite artifacts from being transported into the US without special permission. US and Yemen do not have a bilateral agreement regarding cultural import restrictions at this time. A Red List for Yemen cultural property was launched by ICOM, in February of 2018.

Gurlitt Update. In December 2018, another painting which was bequeathed by Cornelius Gurlitt (German art collector and heir of controversial art dealer Hildebrand Gurlitt) to the Swiss Museum of Fine Art in Bern had been identified as Nazi-looted artwork. “Quai de Clichy” (1887) by Paul Signac belonged to a French Jewish art collector, Gaston Prosper Lévy. In 1940, Gaston and his wife fled Paris for Tunis and their collection was looted.

That’s New. Iranian artist Rokni Haerizadeh is accusing the Tehran Museum of Contemporary Art (TMoCA) of buying his work and selling it at a premium at auction. Sami Azar, former director of TMoCA stated that the works were not actually accessioned into the museum’s collection but were bought by a separate government-funded institution.

Modiglia-no. Italian police are investigating six suspects connected to an exhibition of twenty fake Modigliani artworks at a museum in Genoa in 2017. The exhibition had been touring smaller venues when an art collector Carlo Pepi contacted police with concerns that the exhibited works were forgeries. Since a report prepared by Isabella Quatrocchi, a fine arts expert, showed that the pigments were inconsistent with authentic works, the paintings might be destroyed.

Joint Efforts. Germany’s Cultural Ministers are in the process of formulating procedures to repatriate artifacts taken from former German colonies and dedicated €1.9m to the provenance research of artifacts acquired by museums during its colonial era. The French government announced the launch of a task force, dedicated to researching and returning Nazi-Era looted art that is part of its national collections.

April 2019

Old Gold. A new legal dispute over ancient gold artifacts has erupted between Ukraine and Russia. The works were on loan to the Netherlands by a handful of Crimean museums when Russian annexed Crimea from Ukraine. Some 572 disputed artifacts are still in Amsterdam where they were on display when the dispute began, in 2016. A Dutch court ruled the artifacts must be returned to Ukraine, but the Crimean museums are now appealing the decision.

Copy-Verda. Gallery Sakura in France canceled an upcoming exhibition citing “public safety” concerns after it received threats that works of Guillaume Verda too closely resembled the works by Jean-Michel Basquiat. Users on Twitter were enraged claiming that the white artist appropriated the famous style of an African American artist and failed to acknowledge any influence Basquiat may have had on Verda’s work.

Holy Treasures. Papers have been found under the floorboards of the London home where Vincent Van Gogh lived as a young art dealer. One of the items found was a book of prayers and hymns. While in London, Van Gogh became a devout Christian – interestingly, Van Gogh turned to art after he failed his entrance exam to study theology.

The Italian Job. When thieves went to steal “The Crucifixion” by Pieter Brueghel the Younger, valued at €3m, they unknowingly stole a copy. The church, Santa Maria Maddalena in Castelnuovo Magra secretly removed the real painting for safekeeping a month before the heist. In fact, the police and the town’s mayor carefully concocted the plan and set up surveillance cameras as they were aware of the thieves’ intentions and waited for them to strike.

Laborious Dispute. Per the employment tribunal’s ruling, guest lecturers at the London National Gallery are finally being acknowledged as employees, rather than freelance contractors. Previously, these freelancers were unable to receive employment benefits, such as paid vacation, sick pay, and maternity leave. The suit began when the employees were suddenly fired in October of 2017.

No April Fool. On March 29, 2018, Sotheby’s was still suing London-based art dealer, Mark Weiss, in London’s Commercial Court, over the authenticity of a small portrait purportedly by Frans Hals. Sotheby’s sold the work to an American dealer, Richard Hedreen for $11.2m. Subsequently, Sotheby’s director of scientific research determined that the painting was a modern forgery. In 2016, the auction house returned Hedreen’s payment and reimbursement from Weiss. On April 1, 2019, the dealer “agreed to pay $4.2m” to the auction house. The case seems to be proceeding against another defendant.

Truth in Oklahoma The 1974 amended law, Oklahoma Indian Arts and Crafts Sales Act, had been found to violate the U.S. Constitution due to its narrow definition of Native American. Unless reversed, the decision will stand for the proposition that an artist does not need to be a member of a federally recognized tribe in order for their work to be labeled as “Native American.”