"Flexing New Muscles"
Art Law Blast
September 2024
Welcome to 2024-2025!
The new academic year is off to an intensive start and as the Center is continuing to grow, we are eager to introduce you to the 2024-2025 Judith Bresler Fellow, Carla Frade, and the talented Fall 2024 Interns, as well as our new advisors and an ever-expanding group of volunteers.
This fall we began working on improving our reach with new social media and UI/UX colleagues. We are making updates to the site (is this a better landing page?!), and welcome your input not only on the content and cases we study but also on the design and organization of our resources, surveys about the site and newsletter. Come October, we will focus on the 2nd edition of the AML and the art market study and hope to see you at the upcoming events (Showcase for the Looted Art Database, workshops and clinics).
Table of Contents for the September Newsletter
In Brief
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[Cultural Heritage] Ukrainian Cultural Boom in the Wake of Russia’s Invasion
The destruction of cultural heritage in Ukraine following Russia’s invasion has resulted in Ukrainians desire to separate themselves from Russian culture. The destruction of their material culture has also led to a revived interest in Ukrainian culture, known as the “Ukrainian cultural boom.” Ukraine’s museums are attempting to prepare for potential damage to their collections. For example, the Hryhoriy Museum has moved many of its most valuable artifacts to a different location. Many institutions have already been plundered by Russian troops, such as the Kherson Art Museum, which has lost over 10,000 artifacts. Read more about the Ukrainian art, artifacts and architecture that have been lost here. [MA]
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[Cultural Heritage] French President Endures Significant Push-back from Plans to Replace Undamaged 19th-Century Notre-Dame Windows
The president of Paris, Emmanuel Macron, has plans to replace 19th-century windows that adorn the Notre-Dame cathedral. In December, it was announced that the windows were to be replaced by works from contemporary artists, despite not being damaged by the infamous 2019 fire. Many cultural heritage experts argue that President Macron’s plans violate cultural heritage guidelines, particularly the 1964 Venice Charter, which states that monuments should only be altered for conservation purposes. Despite enduring a significant amount of opposition, Macron remains committed to his proposal. Read more here. [AP]
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[Art Galleries/Museums] Tate Modern Director Proposes Bold Aspiration for Long-term Art Loans from Indigenous Communities
As the Tate Modern approaches its 25th anniversary next spring, Director Karin Hindsbo has unveiled plans to amplify the London gallery’s “ground-breaking” status. Hindsbo, who has led the gallery for nearly a year, proposes displaying Indigenous art on long-term loans from Indigenous communities, rather than following the typical accession process. She explains that this proposed rethinking of legal ownership structures is part of a broader effort to “expand the canon of art history” by thoughtfully incorporating Indigenous artistic practices. Read more here. [AP]
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[Cultural Property Restitution] Looted Ancient Egyptian Objects Returned from Dutch Collections, Signifying Continued International Collaboration
On August 23, three illegally-exported archaeological objects from Egypt were returned from collections in the Netherlands, highlighting joint efforts by Dutch and Egyptian experts to preserve cultural heritage. The objects included a 26th-dynasty grave statue, a Roman-period sarcophagus painting, and a mummified head dating from around 170-45 BC. The grave statue and painting were returned in compliance with UNESCO’s 1970 Convention, while the mummified head was voluntarily repatriated by its owner. In an online statement, the Dutch information and heritage inspectorate emphasized the importance of international cooperation in combating the illegal export of cultural objects. Read more here. [AP]
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[Art Galleries/Museums] Noguchi Museum Employees Protest New Anti-Political Dress Code, Labeling it “Anti-Palestinian”
On August 21, eight gallery attendants at the Noguchi Museum in Queens, New York, protested the Museum’s new employee dress code, which prohibits staff from wearing clothing or accessories with political messages. The policy most notably bans the keffiyeh, which is worn in solidarity with Palestine. On August 14, a gallery attendant was reprimanded for wearing the keffiyeh at work, sparking tensions between staff, directors, and the board. According to a museum spokesperson, the removal of political statements from the workplace aims to “foster a safe, inclusive and welcoming environment for all staff and visitors.” Read more here. [AP]
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[Vandalism/Activism/Expression] Videographer or Vandal? A Second Person is Charged After Incident at the Home of the Brooklyn Museum’s Director
New York City journalist and videographer Samuel Seligson is the second person arrested following the June vandalism incident at the home of Anne Pasternak, the Shelby White and Leon Levy Director of the Brooklyn Museum. On June 12, 2024, several individuals defaced Pasternak’s Brooklyn Heights home in an act of civil disobedience related to the ongoing Israeli-Palestinian conflict. Seligson’s attorney has stated that Seligson was present at the incident in his capacity as a member of the media. Seligson faces felony hate crime charges, which have invoked debates among advocates about the scope of freedom of expression, hate speech, and the distinction between proximity to and involvement in criminal activity. Read more here. [EF]
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[Nazi-Era Looted Art Restitution] Agreement between University of Notre Dame and Dorville Heirs
A 19th-century drawing by French illustrator and caricaturist Henri Monnier has been the subject of a restitution agreement between the University of Notre Dame and the heirs of the Jewish lawyer and art collector Armand Isaac Dorville. After Dorville’s death in 1941, his collection passed to his siblings and nieces and was sold under duress at a public auction in Nice in June 1942. The proceeds were then confiscated by the Nazis. After disappearing into private hands, the drawing resurfaced at a Christie’s auction in 2011 and was subsequently acquired by John D. Reilly. Although it was submitted to the Art Loss Register prior to the sale, no claims were made at the time. Reilly later donated it to the Raclin Murphy Museum of Art in 2014. The recent agreement includes compensation for the Dorville heirs and a commitment from the University of Notre Dame to display the artwork with a label detailing its history, in order to serve as a moral lesson and a poignant reminder of the Nazi oppression. Read more here. [AL]
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[Artist arrest] Artist Gao Zhen Arrested for Allegedly Violating Law Protecting National Heroes and Martyrs
Artist Gao Zhen has been arrested under the pretext of violating a law protecting the reputation and honor of national heroes and martyrs. On August 26, Chinese police raided his apartment, seizing several of his works and placing him under arrest, according to reports from his wife and brother. Gao Zhen is well known for his depictions of former Communist leader Mao Zedong and for using his art to criticize crimes of the regime. The law safeguarding the honor of national heroes and martyrs was enacted in 2018, with stricter penalties introduced in 2020. According to Gaos brother, the works confiscated by the police are over 10 years old, meaning that the works in question would be predating the law. Read more here. [LF]
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[Authenticity] Spanish Police and French Customs Not Fooled by Fake da Vinci After Noticing Fault in Export License
An alleged Leonardo da Vinci painting, in transit to Milan where it was scheduled to be sold, was seized at the French border in 2022. French Customs found the expired export license accompanying the work suspicious, halted the sale, and reported the illegal attempt to smuggle artwork into Italy to the Spanish Police. An analysis of the portrait revealed that the export license’s claim that the painting was a genuine da Vinci was false and that the fake was likely painted with fraudulent intent at the beginning of the 20th century. Nearly two years later, a man from Madrid has been arrested for his role in smuggling a painting with fraudulent intent. Read more here or here. [EF]
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[Restitution] Cambodia Marks Return of Over 70 Stolen Khmer treasures
The Cambodian prime minister recently held a ceremony to celebrate the return of over 70 stolen Khmer treasures to the country. The artifacts had been in the possession of prominent art collectors and museums, including the MET, and were primarily brought to the U.S. by accused antiquities trafficker Douglas Latchford. Many of the Khmer artifacts were on Cambodia’s most wanted list and were identified through investigative journalism by the ICIJ, leading to a series of voluntary returns, legal actions, and seizures by U.S. law enforcement. Read more here. [LF]
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[Museum Issues; Restitution] When Deaccessioned Art and Antiquities Have Nowhere to Go
This article presents the other side of the coin to the many hurdles involved in restitution: for well-meaning collectors and museums who wish to return an artifact with clearly dubious provenance, but with no existing claimants to it, determining the correct recipient can come with great difficulty. This issue is further amplified by how much territorial borders have shifted with the passage of time. There is no clear answer as to which country to send an antiquity to in cases where it originated from an ancient civilization that spanned across a multitude of modern-day borders. Without these answers, unclaimed antiquities effectively end up in a “legal limbo, unable to be sold, since no U.S. auction house will touch them, and unable to be repatriated.” Read more here. (EG)
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[Property] Martin Shkreli Ordered to Surrender Copies of Rare Wu-Tang Clan Album
On August 23, 2024, an E.D.N.Y. judge ordered Martin Shkreli, the infamous pharmaceutical executive convicted of securities fraud, to turn over any copies he possessed of a rare Wu-Tang Clan album called Once Upon A Time in Shaolin (2015). In 2015, the Wu-Tang Clan had auctioned this album as a one-of-a-kind, in an “attempt to forge a new model of support for pop music, modeled on the art world.” Shkreli, who had the winning bid at $2M, later had to forfeit the album in 2017 as part of his criminal fraud conviction. However, PleasrDAO, the digital collective that purchased the album after the Shkreli’s forfeiture, alleges that Shkreli “maintained unauthorized copies of the album and distributed it without its permission,” including streaming the music on social media shortly after his release from prison in 2022. Shkreli has been ordered to turn over any copies of the album, as well as provide an inventory of the copies, their distribution, and any profits. Read more here. [EY]
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[Ukraine] Release of Olena Pekh highlights plight of other Ukrainian cultural workers languishing in Russian prisons
On June 28, 2024, Ukrainian citizen Olena Pekh was released from Russian captivity. Pekh’s release, along with nine others, was mediated by Ukranian President Vladimir Zelensky and Pope Francis. An employee at an art museum in Horlivka, Pekh was initially detained in 2018 and later sentenced to 13 years in prison in 2020 on charges of state treason against the Russian-controlled Donetsk People’s Republic. Her release has brought to light a further trend of Ukrainian culture workers comprising one of the groups “most vulnerable to arbitrary detention by Russian forces.” There are multiple examples of missing artists and curators whose whereabouts remain unknown to this day. This issue requires dire attention, as the conditions of Russian detention prisons have been recounted as incredibly inhumane and dangerous. Read more here. (EG)
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[Nazi-era Looted Art Restitution] Is an Independent Commission for Nazi Expropriated Art the Best Foot Forward for the United States?
While the United States has actively participated in international agreements such as the 1998 Washington Principles and the 2024 Best Practices for the Washington Conference Principles, these agreements carry no legal obligations. Outside of voluntary restitutions, the courts are the only mechanism for redress in the United States. Unfortunately, procedural principles and equitable defenses have been allowed to trump ethical considerations and unique historical factors to the detriment of those who were stolen from or coerced during the Holocaust. For more on why an independent commission may be the best and most equitable path for addressing the issue of Nazi-looted cultural property, read more here. [EF]
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[Authenticity] New findings challenge attribution of Caspar David Friedrich Painting
While preparing an upcoming exhibition celebrating the 250th birthday of German Romantic painter Caspar David Friedrich, scientific analysis has cast doubt on the attribution of one of his works. The Dresden State Art Collection recently examined the oil painting “Landscape with Bare Tree” (1789/1799) using infrared and pigment analysis. This examination revealed an underpainting that differs significantly from Friedrich’s characteristic style. In addition, some pigments used in the painting weren’t available until 1810. This suggests that the painting may not be Friedrich’s work, so it was removed from the Friedrich Collection and exhibited as “unknown.” It is part of an ongoing challenge of art attribution for works from before Friedrich’s well-documented career, whose early paintings are traditionally dated to around 1807. Read more here. [AL]
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[Art heist, Authenticity] Rediscovered Van Gogh Painting tied to notorious heist
A Vincent van Gogh oil painting of the Sultan of Morocco, Moulay Hassan I, has been rediscovered in an unexpected place. The painting was found in the possession of Suzanne Kenney’s mother, a Florida flea market vendor who bought it for a few dollars from a “mysterious stranger” in 1991. That stranger has now been identified as Frederick R Koch, a billionaire art collector. After careful analysis of handwritten notes between her mother and F.R. Koch, Kenney, who links Koch to the infamous 1990 Isabella Stewart Gardner Museum heist, believes that he sold the stolen works, including this Van Gogh, in order to discreetly re-enter the art world without being detected and to seek redemption for his past actions. The painting’s reappearance sheds new light on the complex story of Koch and the Gardner theft. Read more about the reappearance of the painting here and more about the heist here. [AL]
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[Authenticity] A Numbers Game? Architect of Canada’s Largest Art Fraud Ring Admits to Developing “Paint by Numbers” Assembly Line Process to Forge Norval Morrisseau Paintings
While the legacy of his art fraud ring continues to make its way through Canadian courts, David Voss joins the list of those who have pleaded guilty to fraud charges. To date 1,500 Voss ring forgeries have been identified, and 500 have been seized by investigators. In the agreed statement of facts, Voss admits to developing an assembly line process that employed a paint by numbers’ method to produce fake Norval Morrisseau paintings. The pencil outlines used to facilitate Voss’ process have ironically become part of the forgery rings undoing; the presence of carbon drawings detected under the paint has been an important clue to forensic analysts evaluating the authenticity of alleged Morrisseau works. Voss has yet to receive his sentence. For more details on Voss’ involvement in the creation and sale of the forgeries, read more here. [EF]
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[Museum news] Launch of MOLA, a Digital Gallery Showcasing Repatriated Looted Antiquities
On June 3rd, the digital gallery MOLA (Museum of Looted Antiquities) officially launched. Dedicated to documenting and displaying repatriated looted antiquities, the museum highlights around 100 cases of stolen artifacts that have been returned to their countries of origin, with an estimated total value of approximately $60 million. Founded by Jason Felch, a former LA Times journalist and author of Chasing Aphrodite, the digital museum continues to expand its collection by actively tracking artifacts stemming from illicit antiquities trade. Read more here [LF]
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[Publications] Beloved Modernist Florine Stettheimer Finally Gets the Catalogue Raisonne Treatment
New York Modernist Florine Stettheimer, who for many years went under-recognized amongst the ranks of art historical figures, will finally have a full catalogue raisonne dedicated to her. Wildenstein Plattner Institute will be publishing the comprehensive collection of all of Stettheimer’s known works freely available on their online platform. This will make it one of the growing number of digital publications in the sphere. This project is championed and facilitated by art historian Barbara Bloemink, who is excited to see the artist get the visibility she deserves. Stettheimer was the first woman artist MoMA ever gave a full retrospective to, an exhibition which was amazingly curated (at his own request) by Marcel Duchamp himself. Bloemink added in her enthusiasm, “she is now in the ranks of O’Keefe and Kahlo.” Read more here. (EG)
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[Cultural Heritage] U.S. and India Sign Cultural Property Agreement
On July 26, 2024, India joined the ranks of the 29 existing partner countries to have a bilateral cultural property agreement with the United States. The resulting US-India Cultural Property Agreement, and other agreements of this kind, work to prevent the illegal trade of cultural property and simplify the return of stolen antiquities. The agreement was negotiated by the State Department under the Cultural Property Implementation Act (CPIA), a US law that was enacted to implement the provisions of the 1970 UNESCO Convention. Read an article that covers this by the Center here and read more here. (EG)
ICRA & ALA Present a Spotlight on Legal Issues around Authentication and the Catalogue Raisonné
Date:
Wed, Oct 23, 2024 4 PM
The Catalogue raisonné raises a host of fascinating legal questions. Join ICRA and a distinguished panel of art lawyers from the ALA to discuss authentication and catalogues raisonnés from a legal perspective, focusing on the question of: “to authenticate or not?” Is there a shift going on in the field of legal thinking about authentication? Are there landmark cases? Where does that leave CRs and their authors (including living artists preparing their own CR)?
The Wildenstein Plattner Institute: Ensuring the Legacy of Significant Women Artists: The Importance of Catalogues Raisonnés
Date:
Tue, Oct 29, 2024 12 PM
Barbara Bloemink joins WPI to discuss the importance of catalogue raisonné publications in protecting an artist and her work by focusing on one artist in particular who had been neglected in this way: Florine Stettheimer. Florine Stettheimer was a highly important, innovative artist, whose work was highly sought after during the 1920s-40s. Her work and repute then virtually disappeared for almost seventy-five years. With a new digital catalogue raisonné underway, we now have the opportunity to reestablish her work alongside the major artists of the 20th century. SOURCE: WPC.
Director of Development for the Arts, Office of the Provost | MIT Center for Art, Science & Technology
The Director of Arts Development will collaborate with the Vice Provost, MIT’s Center for Art, Science & Technology (CAST), the List Visual Arts Center, and the MIT Museum to drive philanthropic efforts supporting the next phase of the Arts at MIT. The director identifies, cultivates, solicits, and stewards prospective donors–individuals, foundations, and corporations–capable of making major gifts to the arts. The director has a thorough understanding of the missions and priorities of the sector and creates comprehensive cultivation plans and solicitation strategies to achieve sustainable growth in philanthropic contributions to the arts. Read more here.
Project Coordinator - Art , Community & Climate Action | Earth Celebrations-Arts for Ecological and Social Change
Earth Celebrations, a non-profit organization engaging communities to generate ecological & social change through the arts, is seeking a P/T Project Coordinator for ECOLOGICAL CITY: Art & Climate Solutions Action Project on the Lower East Side of New York City.
The Project Coordinator position (part-time) is available for applying cultural strategies to engage community and mobilize action on local climate solutions initiatives to mitigate climate impacts and develop solutions. The project includes Art & Climate Solutions Workshops and a culminating theatrical pageant featuring visual art and 21 site performances throughout the gardens, neighborhood and waterfront on the Lower East Side of New York City. Read more here.
Gallery Assistant | Palo Gallery
Paolo Gallery is looking for a Gallery Assistant to support its daily operations, manage graphic design tasks, and assist with sales. Responsibilities include greeting visitors, maintaining the gallery’s appearance, managing email inquiries, and handling deliveries and artwork organization. The role also involves updating the gallery website, drafting email campaigns, managing artist biographies, coordinating social media projects, and assisting the sales team with scheduling, travel arrangements, and special projects. Read more here.
Art Advisory Internship | Moeller Fine Art
Moeller Fine Art, specializing in museum-quality 19th to 20th Century and Contemporary art, seeks an intern who is motivated to gain gallery experience and is passionate about art history. A minimum of a completed BA in Art History is essential for this position. Moeller Fine Art has a reputation of focusing on scholarship and is involved with authentication and in the writing of Catalogues Raisonnés. The successful candidate will gain professional and educational experience working on a variety of projects, which may include but are not limited to assisting with inventory management, reference library research, cataloguing works of art, helping the gallery with archival procedures, assisting with the writing and preparation of press releases and other promotional material. Read more here.
Case Law Database
Oliver v. Meow Wolf, Inc., 1:20-cv-00237-KK-SCY (D.N.M. June 16, 2023).
DW Props. v. Live Art Mkt., 23-CV-7004 (JPO) (S.D.N.Y. Apr. 22, 2024).
Emden v. Museum of Fine Arts, Houston, No. 23-20224, 2024 WL 2745837 (5th Cir. May 29, 2024).
Daniel Druet v. Galerie Emmanuel Perrotin et al. Cour d’appel de Paris, Chambre 5-1, June 5, 2024, 22/14922.
Andersen v. Stability AI Ltd., 3:23-cv-00201, (N.D. Cal. Aug 12, 2024).
Art Law Bookshelves
Please check out our Library and make suggestions for new titles to be added to this list.
Drawn Testimony: My Four Decades as a Courtroom Sketch Artist
by Jane Rosenberg
In this book, Jane Rosenberg recalls her forty-year career as a courtroom sketch artist in the New York Justice system. She has sketched some of the most well-known cases of our time, from the Boston Marathon bomber to Donald Trump’s hush money trial. Her portraits intertwine art, psychology and courtroom drama, capturing history as it occurs live in court and exposing truths about the human condition.
Baz’Art: Art et Commerce chez les Kongo
by Mathilde Leduc-Grimaldi, Julien Volper, Madelon Dewitte, and Célia Charkaoui
The catalog for a temporary exhibition at the Musée du Nouveau Monde of La Rochelle in partnership with the AfricaMuseum, Baz’Art! demonstrates the influence of private Western commercial companies on the indigenous artisanal and artistic productions of Central Africa in the 19th century. These companies, headquartered in France, England, Portugal and the Netherlands, sold goods and purchased products from African caravans, granting Kongo populations access to European manufactured goods before other inland African cultures. The exhibition explores the impact on local goods, as well as the early contact between the Kongo population and Europeans in relation to the slave trade.
Stolen Fragments Black Markets, Bad Faith, and the Illicit Trade in Ancient Artefacts
by Robert Mazza
In Stolen Fragments, author Robert Mazza exposes a shady global network of ancient manuscript dealing. In 2012 the president of Hobby Lobby, Steve Green, acquired a rare Biblical manuscript. Mazza traced the object’s provenance, determining that it was from a famous collection at Oxford University. However, its rightful owners were unaware that it was sold, inspiring Mazza to investigate the provenance of other items in Green’s possession. By tracing the billionaire’s collection, Mazza unveiled a web of illicit ancient manuscript dealing.
Thieves of Baghdad
by Matthew Bogdanos
In this book, Colonel Matthew Bogdanos recalls his team’s efforts to recover over 5,000 antiquities stolen from the Iraqi National Museum after the fall of Baghdad. Thieves of Baghdad exposes the international black market in stolen art in a thrilling, war-time treasure hunt. Matthew Bogdanos serves as an Assistant District Attorney in Manhattan, where he is known for his relentless prosecution of several notorious criminals. He joined the multi-agency task force in Afghanistan after losing his apartment during the September 11 attacks of 2001, and he was awarded a National Humanities Medal for his work recovering Iraq’s lost artifacts in 2005.
Smashing Statues: The Rise and Fall of America’s Monuments
by Erin L. Thompson
In this publication, Professor of art crime at the City University of New York Erin L. Thompson explores the divisive issue of public monuments in the United States. She outlines their controversial history and subsequent demands for their destruction, calling into question how we present our nation’s history. From the toppling of a Christopher Columbus statues at the Minnesota State Capitol to the erection of new monuments to such as Central Park’s Women’s Rights Pioneers Monument, Thompson examines whose stories we revere, and who is silenced, providing readers with the context necessary to unpack one of the most pressing issues of our time.
The Medici Conspiracy: The Illicit Journey of Looted Antiquities– From Italy’s Tomb Raiders to the World’s Greatest Museum
by Peter Watson, Cecilia Todeschini
The Medici Conspiracy follows a network of tomb raiders and stolen artifact dealers who smuggle classical artifacts out of Italy for wealthy collectors and museums. Beginning with the discovery of eight fourth century BC vases in the swimming pool of a German-based art smuggler, former investigative journalist Peter Watson unravels an illicit web of theft and scandal. By investigating the smuggler’s deals and dealers, Watson traces this network to the collections of prominent institutions such as Sotheby’s and the Metropolitan Museum of Art, exposing a dark side of the art market.