"Holding Out for a Hero"
Art Law Blast
July 2024
"Law not War.... Never give up, never give up, never give up!’
~ Benjamin Ferencz (1920-2023)
Dear Readers,
It has been an honor and a privilege to serve both the Center for Art Law and the art law community as the 2023-2024 Judith Bresler Fellow. From advocating for copyright protections for artists in the face of generative AI to launching the Center’s Art & Copyright Law Clinic, it has been a fulfilling year. I am grateful for the opportunity to help many artists navigate different legal issues and collaborate with the Center’s network of art law professionals to organize interesting and timely workshops, panels, and clinic presentations.
As my fellowship comes to a close, we are pleased to be launching the Center’s inaugural Art Lawyering Bootcamp. While much of the programming of the Clinics at the Center is aimed at equipping artists with greater knowledge of the legal landscape, the Art Lawyering Bootcamp is an in-person, full-day training aimed at preparing lawyers for working with artists and understanding their unique legacy and estate planning needs. The bootcamp will take place on Monday, July 29th. You can register here.
As for me, in September, I will be joining the Harvard Carr Center for Human Rights Policy as its Technology and Human Rights Fellow and begin my judicial clerkship in the Southern District of New York. The Center will announce the 2024-2025 Judith Bresler Fellow in its August newsletter and I cannot wait to help train my worthy successor.
Please consider supporting the Center’s work and share your feedback. It helps the Center improve its programming and stay attune to the wants and needs of the communities it serves.
Thank you, Irina, Atreya, and the Center for Art Law boards and community, for making my fellowship so memorable and rewarding.
Signing off (on July 31),
Patrick
2023-2024 Judith Bresler Fellow
Content
In Brief
-
Tragedy of Terror, Theater Director & Playwright to serve 6 years for "justifying terrorism"
After writing and producing an award-winning play “Finist the Brave Falcon” about women going to marry radical men from Syria (and other places perhaps), outspoken peace advocates, theater director Yevgenia Berkovich and playwright Svetlana Petriichuk, were arrested for more than a year and sentenced to six years in prison on July 8, 2024. Their attorney compared this injustice to the work of Herostratus.
-
Zooming in: Finding India’s Stolen Art
For decades, Indian art and artifacts have been systemically stolen and looted. Many of India’s most precious artifacts have disappeared into the black markets of the west. One striking example is the case of the two bronze statues of Nataraja and Sivakami (Goddess Parvati’s form). Through an outstanding observation on Google Street View, heritage enthusiast S. Vijay Kumar zoomed into an art gallery in New York and located the two antique statues with a market value of $8.5 million. The statues were stolen from India by Shubhash Kapoor, a notorious art smuggler. Though he is now behind bars, the two Chola bronzes are still missing as they remain concealed by Kapoor’s associates.
On a more positive view, the tides are changing in repatriation efforts. In 2023, New York’s Metropolitan Museum of Art vowed to return fifteen sculptures to India upon being informed that they were illegally smuggled out of the country by Subhash Kapoor. In 2013, S. Vijay Kumar co-founded the India Pride Project and since then, Kumar and his team’s efforts have resulted in 68 convictions across India, the UK and the US, and the repatriation of 3,000 artifacts. Kumar highlights that two thousand more artifacts are in our US embassy, waiting to be repatriated. Read more here. (DK)
-
Ukrainian Art Under Russian Threat
As a propaganda device, Russia has been destroying art across occupied Ukraine and Crimea to erase the people’s cultural connection to their homeland. There have been many case studies portraying this destruction. In the name of restoration, Russian authorities in Crimea have changed the aesthetics of Bakhchysarai Khan’s Palace by demolishing the roof to reconstruct it in an incompatible modern fashion. Additionally, while claiming to excavate the ancient suburb of Taurian Chersonesus, Russian excavators damaged and lost physical signifiers of the city’s existence. More recently, Russian occupiers successfully seized the Kherson Regional Art Museum and 80% of its collection. The space then exhibited Soviet-Era art until Kherson’s liberation. In 2023, Polina Raiko’s painted home, legally protected as a cultural heritage site, was tragically flooded due to an explosion at the Kakhovka hydroelectric power station leaving only 20% of the house preserved. Finally, Russian air strikes directly hit the Kuindzhi Art Museum in Mariupol, destroying the building. While most of the work was protected from the hit, they, like countless other culturally significant works, have been stolen or destroyed by Russian occupiers. Read more here. (HB)
-
Cambodia Celebrates Return of looted Statues Held By The Met
After years of negotiations, the New York Metropolitan Museum of Art recently returned 14 sculptures to Cambodia, following its looting from the country during a time of war. The sculptures were created in the Angkorian period between the 9th and 14th centuries and represent the Hindu and Buddhist influences of the time and carry the souls of ancestors. Cambodia held a welcome ceremony to celebrate their return. Read more here. (BO)
-
Germany returns looted antiquities in Berlin’s Altes Museum to Italy
Berlin’s Altes Museum has repatriated 25 antiquities, including 21 Apulian vases, believed to have been illegally excavated and smuggled out of Italy several decades ago. In a ceremony held in Berlin in June German Culture Minister Claudia Roth handed the artifacts over to her Italian counterpart, Gennaro Sangiuliano. In appreciation of this voluntary restitution, Italy is reciprocating with a long-term loan of two painted panels from Lucanian graves and bronze armor from the archaeological museums of Paestum and Naples. Read more here. (TS)
-
British Loot Returns Home
Oxford University will soon return a 500 year old bronze statue to India that depicts Thirumangai Alwar, an important religious figure in Hinduism. The statue was on display in Oxford’s Ashmolean Museum, but the Indian High Commission claimed that the British had looted it from an Indian museum in the late 1890s. On March 11, 2024, Ashmolean Museum released a statement saying that Oxford supported the return of the object, and that the decision to repatriate it would be submitted to the Charity Commission for final approval. Read more here. (JGS)
-
Bananas for NFTs: Unraveling the Evolved Apes Scam
In the surge of NFTs, the “Evolved Apes” fraud operation defrauded investors of a staggering 798 ETH, or $2.7 million. In 2021, it was exposed that the project was a scheme, and criminal network. Since then, the mastermind behind the operation had been sought out. Recently, US authorities charged three UK nationals (Mohamed-Amin Atcha, Mohamed Rilaz Waleedh, and Daood Hassan) in connection with the scheme. They are accused of conspiracy to commit wire fraud and other charges related to orchestrating a scam involving the Evolved Apes NFT collection.
U.S. Attorney Damian Williams stated: “As alleged, the defendants ran a scam to drive up the price of digital artwork through false promises about developing a videogame. They allegedly took investor funds, never developed the game, and pocketed the proceeds. Digital art may be new, but old rules still apply: making false promises for money is illegal.” Read more here. (DK)
-
Denver Art Museum Refuses Repatriation Requests from Native Alaskan Tribes
The Central Council of the Tlingit and Haida Indian Tribes of Alaska sought the return of five items from the Denver Art Museum. The museum, staying true to their history of denying repatriation requests, refused the request at hand. Commenting on the matter, DAM’s curator of Native arts, John Lukavic has said: “We’re not in the business of just giving away our collections… Nobody is.” This particular comment enraged the general public and members of the Tlingit and Haida tribes as it came across as insensitive to the fact that most of such museums’ possessions are stolen or otherwise unethically acquired pieces. One of the cultural resource officers undertaking negotiations with the Museum remarked that the DAM was “probably the worst museum” they had ever dealt with. Read more here. (DK)
-
Warhol and Monet Works As Part of DOJ and 1MDB Fugitive Deal
In cooperation with the US Justice Department, Low Taek Jho has agreed to return more than $100 million of the $4.5 billion he allegedly stole from the 1Malaysia Development Berhad fund (1MDB), a fund Malaysia’s government established to promote the country’s economic growth. Low is required to liquidate his assets two works by Warhol and Monet, together worth around $35 million. This is the latest addition to the $1.4 billion already returned to the Malaysian government. Read more here. (HB)
-
Report Finds Sub-Standard Provenance Histories in the E. G. Bührle Foundation Collection
According to a report authored by German Historical Museum president, Raphael Gross, the provenance research conducted by the E. G. Bührle Foundation into its collection is insufficient. In addition, the E. G. Bührle Foundation was found to have omitted information in their publications regarding the former Jewish owners of many works in their collection. Accusations made against the E. G. Bührle Foundation, of “white-washing” the provenances of its collection, prompted the trustees of the Swiss art museum Kunsthaus and the canton and city of Zurich to commission the report by Gross in May 2024. Gross identified 62 of 205 objects in the Bührle collection as having belonged to Jewish owners during the Holocaust. Gross and the investigative team looked deeply into the provenances of five works and discovered that there had been multiple insufficiently mentioned Jewish collectors. Read more about the works in question and the E. G. Bührle Foundation’s response to Gross’s report here. (TD)
-
Restitution of Henri Matisse Odalisque (1920/21)
A Henri Matisse painting will be returned to the heirs of Albert Stern, a Jewish textile manufacturer, as announced by the Stedelijk Museum in Amsterdam on June 25, 2024. Stern sold Odalisque (1920/21) in an attempt to survive while facing persecution at the hand of the Nazis from 1933 onwards. The painting had been under the ownership of the Municipality of the City of Amsterdam in the collection of the Stedelijk Museum since 1941. Read more here. (TD)
-
Climate Protesters Target Cultural Heritage Again
Two members of the Just Stop Oil climate advocacy group were arrested after throwing orange powder onto parts of the Stonehenge monument, an UNESCO World Heritage Site, located near the British city of Salisbury. The orange pigment the protesters used is said to be made of orange cornflower. The powder was able to be removed from the monuments without signs of visible damage to the stones. Read more here. (TD)
-
University of Manitoba Decolonizes its Art Collection
In an effort to decolonize its collection, the University of Manitoba is replacing sculptures and paintings of problematic imagery and messaging with contemporary Indigenous art. Amid reflections about the nature of the museum as an institution, C.W. Brooks-Ip, registrar and preparator of the University of Manitoba Art Collection, has created the Indigenous Student Led Indigenous Art Purchase Program. The program is a two-year pilot project through which Indigenous students visit studios and meet with curators and artists and ultimately recommend what contemporary Indigenous art should enter the University of Manitoba Art Collection. Read more about this new initiative here. (TD)
-
Mass-Production, Forgeries, & Inuit Art; How Will Indigenous Art Be Protected?
A recent report by Indigenous-owned consulting firm, Big River Analytics, estimates that over 13 000 Inuit artists are producing visual arts and craft in Canada. With nearly a third of these artists producing work to earn an income, the report also notes that in 2015, over $33 million in income was earned. While art creation has a long history in the traditions of Inuit peoples and has been a substantial economic sector, the mass-production and sale of imitations has posed a significant challenge for Indigenous creators. Unlike the Indian Arts and Crafts Act of the U.S., Canada does not have any law specifically protecting Indigenous art from misrepresentations in the market. With the wave of commodification and rising cases of people pretending to be Indigenous (‘pretendians’), more Inuit artists are advocating for stronger protections for their art against forgeries. Read more here. (BO)
-
Algonquin Beader to Face Off Against Temu for Stolen Designs
Algonquin beader, Melody Markle, from Long Point First Nation (Winneway) in western Quebec found her beaded earring designs on the popular online retail site, Temu. The earrings had been sold on the retail site for nearly a year without her permission nor knowledge. Instances of copied designs by major retailers often result in the lessening of value of Indigenous works and removal of the cultural context in which beaded art is created. Cease and desist letters may be a path to resolution, however with the scale of platforms like Temu or Amazon, there is little direct contact with sellers, leaving artists like Markle disadvantaged in enforcing their rights. Although copyright in Canada is afforded automatically to works, many artists still struggle in its enforcement, especially if the copyright is not registered. Markle has gone to hire a lawyer to pursue her case. Read more here. (BO)
-
Former New Orleans Police Officer Indicted for Alleged Art Fraud Scheme
A former police officer for the New Orleans Police Department was indicted by a grand jury for wire fraud, mail fraud, and making false statements in connection with an art fraud scheme. The indictment alleges that then-officer Christian Claus conspired with mansion-owner Fouad Zeton to file a false report stating that art had been stolen from Zeton’s mansion. Claus initially met Zeton when he responded to a call at Zeton’s mansion in connection with a robbery, when Claus allegedly asked Zeton if he was insured. The two allegedly devised a plan to report that art had been stolen from the home to fleece Zeton’s insurance company. Michael Jon Schofeld, the Nevada art appraiser who allegedly sent Claus and Zeton the inflated prices, recently pleaded guilty to participating in the scheme. Read more here. (JGS)
-
Famous Art Fraudster Inigo Philbrick Is Back––And He Wants to Deal Again
Inigo Philbrick, the infamous art dealer who fraudulently sold inflated shares of works to multiple investors without their knowledge, has been on a media tour following his release from prison. Philbrick was released after serving four years of a seven year sentence in federal prison, and both he and his wife have been in regular contact with media outlets. Philbrick spoke to Vanity Fair, which wrote a lengthy exposé of his exploits, and The Times of London reported that the BBC is putting together a three-part documentary of the affair. While Philbrick has passed off his fraud as an unfortunate frivolity deriving from his drinking problem, it is estimated that his scheme cost investors more than $86 million. Still, Philbrick is set on becoming an art dealer once again, hoping that he can convince investors of his knowledge of the art world. Read more on Puck News here. (JGS)
-
Egon Schiele's Portrait of the Artist's Wife, 1917
The whereabouts of Egon Schiele’s Portrait of the Artist’s Wife were unknown from 1917 to 1964. In 1964 the work was bought by Robert Owen Lehman Sr., head of Lehman Brothers investment firm, in a London gallery for £2,000 ($5,600 in 1964). Later, Lehman Sr. gave it to his son, Lehman Jr., who gifted the watercolor to the Robert Owen Lehman Jr. Foundation in 2016. When the foundation attempted to sell the work through Christie’s, two families claimed to be its rightful owners and the auction house postponed the sale. There are currently three competing claims to Portrait of the Artist’s Wife being heard in New York court; The Robert Owen Lehman Foundation, the heirs of Karl Mayländer, and the heirs of Heinrich Riege. Mayländer was an art collector, textile merchant, and the portrait subject of Schiele. Rieger was Schiele’s dentist and an art collector who owned dozens of Schiele’s work. Both were murdered during the Holocaust. The three parties have been engaged in litigation for many years now with the most recent arguments being heard currently in a State Supreme Court in Rochester, New York. There is no clear proof confirming the rightful owner, but if one family proves their claim by a preponderance of the evidence, they will gain the rights to a work estimated at $10 Million. Read more here. (HB)
Publicizing the Center for Art Law’s Past Event Recordings
This month, the Center will make some of our most popular past events available to the public! We hope sharing this programming will introduce the exciting world of art law to new audiences and offer a look inside the fascinating work we do here. Now anyone can hear from expert speakers about artist estate planning, discover the complexities of celestial art law, engage with the tough questions surrounding gallery relations, and contemplate the economic implications of forgeries. These videos will be available on YouTube and accessible through the Center for Art Law Events Page. Premium Members have access to recordings and further reading materials for every past event through the website. (HB)
NYFA: Free 1-on-1 Consultations For Immigrant Artists
NYFA’s popular 1-on-1 Consultations for Immigrant Artists program is returning for the 2nd year! This consultation program offers FREE, online career consultation sessions with art industry experts in English, Mandarin Chinese (普通話), and Spanish (espaňol). The July sessions are up for grab and we will release more new sessions on August 1, September 2, and October 1 at 12:00 PM ET.
Appraisers Association of America: 2024 Art Law Day
Save the Date: 2024 Art Law Day
Friday, November 8, 2024
In-Person, Benjamin N. Cardozo School of Law, New York, NY
and Virtual
Registration Opens Summer 2024
Transferred to Reich Ownership. Documenting, identifying and restituting Nazi-looted cultural property
Location:
Museum of Decorative Arts, Prague
The Documentation Centre for Property Transfers of the Cultural Assets of WWII Victims is organizing the 8th international conference on the expropriation of property during the Second World War, which takes place on 17–18 September 2024. The programme of the international event will focus on the issues of provenance research, the fate of looted books and libraries, the restitution of looted cultural property, as well as the possibilities of cooperation in the field of identification, documentation and restitution of cultural property looted to the victims of the Second World War.
The event will take place at the Museum of Decorative Arts in Prague, 17-18 September 2024.
Languages of the conference are Czech and English (simultaneous interpretation will be provided).
Career Opportunities
-
Gallery Intern, Barro Gallery, New York
Barro New York is seeking a Gallery Intern to train under their Director and Managing Director. This role involves learning and assisting with day-to-day gallery management, fine art sales, and studio practice. This will be a mentorship-style role in an educational environment in which you will both learn how to become a gallery professional and gain studio experience. Read more here.
-
Development Associate, BRIC, New York
BRIC seeks a Development Associate, to coordinate primary objectives in collaboration with other members of the Development team. The Development Associate will help establish and implement processes for gifts and donor relations across BRIC with a focus on migration and rollout of a new database management system. Read more and apply here.
Professional Development
-
Art Lawyering Bootcamp: Legacy & Estate Planning, Center for Art Law
The Center for Art Law’s inaugural Art Lawyering Bootcamp: Legacy & Estate Planning is an in-person, full-day training aimed at preparing lawyers for working with artists and understanding their unique legacy and estate planning needs. The bootcamp will be led by veteran art law attorneys specializing in legacy and estate planning.
The Art Lawyering Bootcamp provides participants with foundational legal knowledge related to legacy and estate planning for an artist client. Through a combination of instructional presentations and case studies, participants learn about appraising and archiving the estate, managing the estate’s intellectual property, and the various legacy vehicles available to artists. Register here.
July Case Law Corner
-
Zhang vs. Dieschburg (Luxembourg Court of Appeals, May 2023)
-
Schoeps v. Sompo Holdings, Inc., No. 22-CV-7013, 2024 U.S. Dist. LEXIS 97945 (N.D. Ill. June 3, 2024)
-
Katz (Recommendation regarding art dealership Katz, Restitutions Committee, RC 1.90B), 2012
-
Schoeps v. Museum of Modern Art, 603 F. Supp. 2d 673 (S.D.N.Y. 2009)
The Parthenon Marbles Dispute: Heritage, Law, Politics
by Alexander Herman
This book offers a fresh take on the Parthenon Marbles dispute by explaining how the Marbles paved the way of the larger debates around cultural heritage and restitution now taking place. The subject is currently embroiling museums, governments, universities and the public at large. The book provides an account of the history of the Marbles, while considering the legalities of their initial removal and the ethics of their retention by the British Museum. It incorporates the views of curators, museum directors, lawyers, archaeologists, politicians and others in both London and Athens. It explains why this particular dispute has not been satisfactorily resolved, and suggests new ways of seeking resolution – for the Parthenon Marbles and for the many other cultural treasures held in museum collections outside their countries of origin.
Nazi-Era Provenance of Museum Collections: A Research Guide
by Jacques Schuhmacher, et al.
When we look at the artworks on display in museums, there is always a real possibility that some of these objects once belonged to victims of the Nazis – a possibility that has remained unacknowledged for far too long. Countless artworks were seized or forcibly sold, with many ending up in museum collections around the world, even in countries which actively fought to defeat Nazi Germany. Nazi-Era Provenance of Museum Collections equips readers with the knowledge and strategies essential for confronting the shadow of the Nazi past in museum collections. Jacques Schuhmacher provides the vital historical orientation required to understand the Nazis’ complex campaign of systematic dispossession and extermination and highlights the current environment in which museum-based Nazi-era provenance research takes place.
Camera Geologica: An Elemental History of Photography
by Siobhan Angus
This book dissects, examines, and retells the story of the photography medium through the minerals that produce it. Bringing together art history, media studies and environmentalism, Angus focuses on the resource extraction inherent to photography as an art form and considers how the subject of mining and extraction are seemingly erased from the medium. Overall, the book brings attention to the relationship between art, extraction, labor and environmental justice.
International Law of Underwater Cultural Heritage (2022 Edition)
by Kim Browne and Murray Raff
This book brings together three distinct areas of International Law (Environmental, Heritage and Ocean Law) to address the international legal protection of historically significant wrecks, with particular focus on the environmental hazards they may pose.