"Projects Galore"

In Brief

• (Art Theft) FBI Investigates British Museum’s Missing Art

  Former senior curator, Dr. Peter Higgs was dismissed last year from the British Museum and is now facing a civil case for his part in the theft of 1,500 items taken from the museum’s Greece and Rome department. Dr. Higgs sold mostly unregistered items from museum storage on eBay and received payment through a PayPal account registered tohis personal email address. The FBI is now investigating items found in America and has already facilitated the return of 268 works purchased by a collector in Washington D.C. Read more here. (HB)

• (Artists' Rights) Pittsburgh Muralist Sues Property Owner to Halt Renovations Destroying the Work

  In Wilkinsburg, Pennsylvania, a borough located just outside of Pittsburgh, a muralist has sued a property owner under the Visual Artists Rights Act (VARA) to halt planned renovations that would allegedly destroy his mural. The artist, Kyle Holbrook, painted the mural on the site of 613-619 Wood Street as part of a public initiative to engage youth in the community with the creation of public art. Due to damage to the mural from mortar pointing, the building’s owner, Erica Givner, decided to paint over it. Holbrook sued Givner, arguing that any further renovations to the building would impermissibly destroy his work of “recognized stature,” which is prohibited by VARA. Givner, however, argues that the buildings need renovations to comply with the borough’s code, and preservation of the murals would make maintenance of the building prohibitively expensive. In the past, Holbrook has sued the City of Pittsburgh for a similar case relating to the destruction of another one of his murals. Read more about the dispute here on PublicSource. For the complaint of Holbrook’s prior VARA lawsuit, click here. JGS

• (Copyright/AI) “Nature’s Symphony: Ansel Adams-Style Landscape Photography” by A.I.

  The Ansel Adams estate used Threads to express their outrage against Adobe’s use of Ansel Adam’s photography style to generate stock images. Adobe’s use of generative A.I. to create and sell images that resemble artists’ work carries many copyright law concerns. In response to Adobe displaying a generated work named, “Nature’s Symphony: Ansel Adams-Style Landscape Photography,” the Ansel Adams estate posted, “@adobe you are officially on our last nerve with this behavior.” with the images screenshotted underneath. The estate also pleaded for Adobe to stop “stop putting the onus on individual artists/artists’ estates to continuously police our IP on your platform.” Adobe has since removed the Ansel Adams-style images from their website and reported to Artnet News that their stock images do undergo a reviewprocess to ensure compliance with their internal content policies, though it remains to be seen whether such internal policies adequately respect the rights of copyright holders. Read more here. (HB)

• (Copyright) C as in Cat: Copycat? Of Cattelan and James

  Artists Anthony James and Maurizio Cattelan have both produced work featuring large panels of reflective metal bedecked with bullet holes. Despite their use of different punctured surfaces — Anthony James’s Bullet Holes features mirror-polished stainless steel while Maurizio Cattelan’s Sunday utilizes gold — the work of the two artists has rendered remarkably similar visual results. The visual parallels between the two works have prompted James’s attorneys to write to Cattelan. Suspicious of the similarity between the two works, the letter requests that Cattelan explain his creation process and inspiration for his work, and comment on the similarities between the two works. The letter points to the Copyright Act, highlighting that it protects the artist’s “expression of an idea.,” Cattelan has faced similar accusations and copyright complaints before. Read more here. (TD)

• (Copyright) Instagram feeds Artists’ work to AI, Artists threaten to leave Instagram 

  Following the controversy surrounding the rise of AI-generated art, Meta company recently confirmed its use of public Instagram images to train its AI image generator – and artists are not happy. Many artists voiced anger and concern for the lack of transparency and consent to the use of their images. Some have taken to publishing  Instagram posts and stories declaring ownership of their copyright and refusing consent to Instagram’s use of their work to train AI. Others are leaving the platform entirely, opting for the Cara app as an alternative.To read more, visit CreativeBloq. BO

• (Copyright) WIPO Strengthens IP Protections for Indigenous Peoples & Local Communities

  The United Nations recently announced a new WIPO treaty on intellectual property, genetic resources and traditional knowledge that strengthens protections for Indigenous Peoples and local communities. The treaty aims to establish within international law a disclosure requirement requirement for patent applications based on or associated with genetic resources and/or traditional knowledge. Indigenous peoples, local communities and countries in the Global South have long been disadvantaged and under-protected by existing intellectual property laws, which has led to  cultural appropriation and biopiracy. This will be the first WIPO treaty to feature specific provisions relating to  Indigenous Peoples and local communities, and is the culmination of over 25 years of advocacy and negotiations. To read more, see WIPO’s press release. BO

• (Cultural Heritage/Restitution) ‘Italy, come and Getty your bronze!’: the ECHR battle

  This dispute should be placed in the greater context of Italy’s efforts to recover illegally excavated or stolen artwork. There had been a long-standing dispute as to who was the rightful owner of a life-sized bronze statute. It was discovered by Italian fishermen in 1964 and was purchased by the Getty Trust in 1977. Italy considers it part of the country’s cultural heritage, but the Getty claims to be the rightful owner of the bronze, refusing to return it.

  The Getty brought the case to the ECHR, claiming that its possession of the bronze for nearly 50 years was rightful under American and international laws, claiming that the work was “neither created by an Italian artist nor found within Italian territory, and hence is ethical and consistent with American and international law.” Italy, on the other hand, has contended that it is the rightful owner of the bronze.  

  The Court rejected Getty’s appeal, finding that Italy had a legitimate right to seize prized Greek bronze from Getty Museum. The Court concluded that “the confiscation order had been proportionate to the aim of ensuring the return of an object that was part of Italy’s cultural heritage”.

  Responding to the ruling, the Italian Minister of Culture has stated that they are ending collaborative relationships with foreign cultural institutions that “do not respect the confiscation provisions issued by the Italian judicial authority for illegal export of cultural goods”. This has broader implications, showing how unfriendly approaches in repatriation and cultural heritage disputes can cause permanent damage to museums’ relationships with national governments. Read more here. DK

   

• (Cultural Heritage Protection) ICC submission for the Destruction of a Historic Gaza Church

  Justice For All, a U.S.-based human rights organization, has submitted a legal filing to the International Criminal Court (ICC) declaring the destruction of the Church of Saint Porphyrius in Gaza to be a war crime. Constructed in the early 400s C.E. for the tomb of Saint Porphyrius, the bishop of Gaza between 395 – 420 C.E., the church stood as the third oldest functioning church in the world. Upon being rebuilt in the 12th century, it has had several renovations and has been a site of worship and community for the Christian Gazans. The building was partially destroyed amid the Israel-Palestine war. In its filing, Justice For All argues that the destruction violates Article 8(2)(b)(ii), (iv), and (v)(ix) of the Rome Statute, acting as an intentional attack on a non-military structure which caused an unwarranted impact on civilian lives and cultural heritage. To read more about the submission, visit Artnet or the Justice For All website. BO

• (Cultural Heritage Protection) Preserving Ukrainian Heritage Is Not a Solo Job: Ukrainian Museums Seek Recognition of their Role in Reconstruction

  During the two-day conference, From Crisis to Future: New Responsibilities for Museums in Ukraine, representatives of over 100 Ukrainian museums called for international support in recognizing the art sector’s contribution in rebuilding the war-struck country. Organized by the OBMIN Foundation (Ukrainian for exchange), the foundation and  platform serves Ukrainian museums through the exchange of information and aid in garnering support. OBMIN reported that 102 Ukrainian museums and art galleries have been damaged, and 12 were destroyed. 

  During the convening, the delegates developed proposals on issues affecting the sector and its role in reconstruction which shall be presented at the UNESCO Conference and Ukraine Recovery Conference in June. They stressed the importance of preserving Ukrainian culture and identity, specifically in the wake of Russian attacks. The representatives additionally pledge to expand the arts and culture sector, making it more inclusive and visitor-oriented. To read more, visit the ArtsNewspaper or the OBMIN foundation. BO

• (Cultural Heritage) Repatriation of Artifacts from the U.S. Secretly Looted from Italy

  The United States recently repatriated around $65 million worth of looted artifacts back to Italy. The artifacts––ranging from bronze Roman sculptures, to ancient vases, to religious paintings––were removed from Italy in a series of secret excavations from Italian museums, private-owners, and even churches. The investigation in the United States was led by Manhattan District Attorney Alvin Bragg, whose office used a database of Italian cultural objects to identify which artifacts were stolen. The scheme was largely traceable to an infamous international art trafficker named Robin Symes, and the repatriation was led by a cooperative effort between the U.S. State Department and Italian government. Read more about the repatriation here. JGS

• (Cybersecurity) Further on Christie’s 

  Ransomhub claimed that they were the organization behind Christie’s hack and had acquired a large database containing information ofChristie’s clients. The group threatened to release the information if Christie’s did not pay the ransom and claimed that Christie’s backed out in the middle of the negotiation. Christie’s called the hack a cybersecurity incident and were reportedly in touch with applicable regulators. The auction house also promised to contact the affected clients promptly. Read more here. (TS)

• (Legislation, USA) Rock-ing the Boat for New Legislation

  A Wyoming case study revealed that out of a list of 666 rock art sites, approximately 24% of the sites have been subject to defacement and vandalism. As sacred Indigenous American cultural heritage, the Indigenous rock art of Wyoming ranges from petroglyphs to pictographs, and dates centuries back. Highlighting the targeted damage suffered by rock art, Wyoming State Archaeologist Spencer Pelton draws Wyoming legislators’ attention to the need for strengthened protection and more concentrated efforts towards the preservation of Indigenous rock art sites. While Pelton acknowledges that there are already protections for rock art in place, the results of the Wyoming case study reiterate Pelton’s thesis: that the protections for rock art should be strengthened by legislative efforts and stronger statutes through collaboration between Tribal, State, and Federal governments. Read more about the Wyoming study here. (TD)

• (Litigation/Restitution) Wounded Indian Sculpture Returned from Virginia to Boston

  A life-sized statue called The Wounded Indian, sculpted by Peter Stephenson in 1850 from white Vermont marble, is being returned to Boston following an FBI investigation. The Massachusetts Charitable Mechanic Association (MCMA), founded by Paul Revere, originally received the statue in 1893 and displayed it until 1958, when it sold its property amid financial difficulties. MCMA officials were told the statue had been destroyed during the abrupt move. In 1999, however, the statue was found on display at the Chrysler Museum of Art in Virginia.

  The Chrysler Museum claimed to have purchased the statue in 1986 from a New York collector who alleged it was abandoned. The MCMA then undertook a decades-long campaign to prove it never relinquished ownership. Private negotiations eventually led the Chrysler Museum to agree to return the statue. Pressure from The Washington Post and the FBI’s Art Crime Team expedited the resolution. The statue returned to Boston in August 2023, with shipping costs estimated at $30,000. Both parties expressed satisfaction with the amicable resolution facilitated by the FBI. Read more here. JGS

• (Litigation) The Perils of Art: Billionaire Ron Perelman’s $410 Million Legal Dispute Heads to Trial

  Billionaire art collector Ronald Perleman has sued his insurers to recover $410 million in damages, claiming five artworks lost significant value after they were damaged in a fire at his estate in 2018. According to Perelman, paintings include those by Ed Ruscha, Andy Warhol, and Cy Twombly allegedly lost their “oomph” and artistic character post-fire. Insurers, who have already paid out $141 million, dispute the claim, arguing that alleged damages to the art work predate the fire. The case, ongoing since 2020, features extensive legal debate and expert analyses on the artworks’ conditions. Read more about the dispute here. 

  This month, New York State Supreme Court Justice Joel Cohen ruled that Perelman’s case would go to trial. Perelman continues to argue that the fire on his estate led the artworks to sustain damage that affected their value. The collective of insurers involved, including Lloyd’s of London and AIG, claim there was no detectable damage and that Perelman misrepresented facts during investigation. Read more about the upcoming trial here. VS

• (Museum Administration/RF) Head of New Holland Cultural Center in St. Petersburg resigns after husband's social post

  In St. Petersburg, the General Director for the New Holland Cultural Center, Roxana Shatunovskaya, resigned due to a social media post made by her husband. Shatunovskaya’s husband, Nikolay Konashenok, posted on the radically anti-Western “Z-channels” that the terrorists responsible for the March 22nd ISIS attack on Crocus City Hall should have targeted the Kremlin instead. Konashenok was detained in March and listed as an official “terrorist and extremist” by the Russian government in April. Soon after, Roxana Shatunovskaya stated, “by mutual agreement of me and my management, we came to the decision that I can no longer hold my position and perform my duties due to the fact that a member of my family allowed himself monstrous statements incompatible with humanity.” Read more here. (HB)

• (Museum Administration/Argentina) Arts Under Siege: Argentine Cultural Sector Reels from President Milei's Severe Budget Cuts

  Following the prior decision to dismantle the Argentine ministry of culture, the newest Argentinian president has decided to defund Instituto Nacional de Cine y Artes Audiovisuales (INCAA) and cut staff at the central branch of Argentina’s library, Biblioteca Nacional Mariano Moreno (BNMM), a branch containing some of the greatest literary treasures from the 15th to the 18th century. The budget cut at the film institute would lead to a reduction of films being produced monthly and potentially a hiatus on the country’s tradition  of film festivals. It is unclear how the Argentinian museums will be impacted by these directives, which deem arts education “a waste of time”. However, it is hoped that many museums, which are privately funded, will not be negatively impacted by such directives.  Read more here. (TS)

• (Museum Administration/Restitution/Cultural Heritage ) MET Museum returns 1,000-year-old statue to Thailand 

  The Thai and British governments recently reached an agreement to recover several looted antiquities illegally acquired by late British art dealer, Douglas Latchford. The artifacts, which include significant cultural and historical items from Thailand, were smuggled out of the country and amassed by Latchford through his decades-long involvement in the illicit antiquities trade. Latchford was indicted in 2019 by the United States Attorney’s Office in Manhattan for his role in trafficking stolen artifacts, but passed before he could be prosecuted in 2020. The repatriation of these items is part of a concerted effort by Thai authorities and international law enforcement agencies to repatriate items looted from ancient sites during political unrest, including these artifacts, which date back to the Khmer Empire in the eighth century. 

  As a part of these efforts, the Metropolitan Museum of Art has also agreed to repatriate 14 artifacts to both Cambodia and Thailand as a part of the continued investigation into Latchford’s illicit antiquities dealing. Significant pieces include a bust of the Buddha dating back to the sixth century, and a sandstone statue of a Thai goddess from the ninth century. Read more about the repatriation here. (VS) 

• (Museum Administration) University of Arts President Resigns Ahead of Closure

  Only a few days before the University of the Arts in Philadelphia was set to close, the president of the university has resigned. The 148-year-old school announced plans for its permanent closure on June 2nd, after the school lost its accreditation. Kerry Walk resigned as president of the university, and had only been appointed to the position in  April. Citing its “weakened” financial state as the reason for its closure, the University of the Arts has left students and staff facing uncertainty with this sudden news of its permanent closure. Read more here. (TD)

• (Private Museum) The End of an Era: De La Cruz Contemporary Collection Underperforms at Auction

  In Miami, Florida, the sale of the De la Cruz Collection has raised questions for many about the future of investments in contemporary art pieces. Following the death of Rosa de la Cruz in February, the private museum she founded alongside her husband, Carlos, was closed, and the couple’s collection – once valued at over $100 million – was put up for auction. Despite presale financial guarantees, the collection fetched lower-than-expected prices, with key pieces by artists Peter Doig and Sterling Ruby auctioning for significantly less than their original valuation. The De la Cruz collection highlights recent concerns in the art collector community about the long-term value of contemporary art, changing dynamics in the art market, and the challenges of maintaining private collections. Read more about the current discourse here. VS

• (Provenance Research/Nazi-Era Looted Art) Who Owns Portrait of the Schiele's Wife?

  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 works. The latter two claimants were murdered during the Holocaust. 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)

• (Public Order) Is PAMM’s billboard spamming the neighborhood?

  The City of Miami has recently repealed a law that permitted the construction of oversized billboards. The 1,800-foot digital billboard at Pérez Art Museum Miami (PAMM), twice the size of a billboard allowed, might potentially face legal challenges. The large billboard, sharing news about PAMM, generated millions of dollars  in revenue annually. Residents nearby claimed that the billboard is negatively impacting the neighborhood, but a PAMM  spokesperson responded to the concern by explaining that the billboard abided by all standards. Read more here. (TS)

• (Restitution/Nazi-Era Looted Art) Paintings Looted by the Nazis Are Donated to the Louvre Museum

  Two 17th-century paintings (“Still-Life with Ham” by Floris van Schooten and “Food, Fruit and Glass on a Table” by Peter Binoit) were recently donated to the Louvre Museum. Looted by the Nazis in 1944 from Mathilde Javal’s mansion in Paris, the artworks had been part of the Louvre’s Nordic collection for decades. Despite Javal’s post-World War II request for restitution, the paintings remained unclaimed due to insufficient ownership information. Through an agreement between the French Ministry of Culture and a genealogy organization, the rightful heirs were identified. On June 4, 2024, a new exhibition detailing the family’s experience under Nazi duress was released in order to celebrate the donation of those two paintings to the museum. Read more here. (AB) 

• (Restitution/Antiquities) Pakistan Antiquities Going Home

  133 antiquities collectively valued at $14 million were returned to Pakistan, as announced by Manhattan District Attorney Alvin L. Bragg, Jr. on May 22nd, 2024. The repatriation of the objects in question began when the D.A.’s office obtained a warrant for the arrest of Subhash Kapoor in 2012. Since then, Subhash Kapoor and seven of his co-defendants faced indictment in 2019 for their conspiracy to traffic stolen antiquities. Kapoor was sentenced to 10 years in prison by an Indian court in 2022 and his extradition from India is pending. Read the Manhattan District Attorney’s Office press release covering the repatriation of these objects here. (TD)