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Home image/svg+xml 2021 Timothée Giet Art Law History image/svg+xml 2021 Timothée Giet A Historical and Cultural View of Many Lives of Looting: A Conservation with Philippe de Montebello
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A Historical and Cultural View of Many Lives of Looting: A Conservation with Philippe de Montebello

November 27, 2023

definition of looting

Image source: https://www.etymonline.com/word/loot?ref=etymonline_crossreference#etymonline_v_52012

By Barbie Kim

Philippe de Montebello is the Fiske Kimball Professor in the History and Culture of Museums at the Institute of Fine Arts, New York University. Author of multiple essays and books, including Rendez-vous with Art and Whose Muse?: Art Museums and the Public Trust, de Montebello was the longest-tenured director of the Metropolitan Museum of Art where he served for 32 years (1977-2008).

The article below is derived from a conversation with Professor de Montebello, based on his lectures at the Institute of Fine Arts, entitled History and Meaning of Museums. Combined with insights from Professor de Montebello, the following reviews the prominent historical and current association of “loot.” Professor de Montebello seems to warn against dogmatic approach to returning objects. This article focuses on “looting” behavior during the Roman empire, Napoleon’s sovereignty, and the Nazi regime. The comparative overview demystifies the adverse and one-dimensional understanding of “loot.” Ultimately, this history demonstrates that handling displaced cultural properties is difficult to have uniform treatment (until now).

Introduction

“Looting” is a term linked with different events, ranging from invasions that served the empire’s political agenda to market-driven theft from archeological sites and illicit traffic of art and antiquities. Although the term “loot” did not come to use in the anglo language until the eighteenth century, historians have traced the proto-behavior of looting back to the dawn of humanity.[1] For example, the Roman conquerors took Greek art as spoils of war, as seen on the Arch of Titus. In the same vein, Napoleonic looting of art aimed to enrich the Louvre’s collection while Nazi Germany’s organized and systematic plunder of art during World War II continues to haunt the museum world.

Today, “looting” is associated with scandal headlines about major museums and elite trustees. The concern about the displacement of cultural property is central in cultural institutions. Cultural institutions are responsible for enriching cultural discourse while being mindful of the problematic past when approaching looted objects. Rising controversy places pressure on cultural institutions to re-examine their collections, as possessing and displaying looted objects has led to both ethical condemnation and legal battles.[2]

In the heat of debates searching for a solution, upon request, Professor Philip de Montebello, former director of the Metropolitan Museum of Art, shared his view on looting through a cultural and institutional lens.

Looting: A historical perspective

“Looting itself is a loaded term, and looting has different meanings at different times. Looting in ancient times was an established and partially legal method of compensating one’s army and establishing one’s dominance over the city and stage one conqueror. When speaking of roman loot, of course, it is not a statute of law. However, one is speaking from an accepted form of behavior as a result of battle and conquest,” Professor de Montebello explains.[3] “Looting in ancient times was considered an acceptable form of collection. But ancient authors already sensed the magnitude of the looting was so great, and they were concerned it was a cultural genocide.”[4]

The social role of looting can be seen throughout history. Despite exposé-like media coverage about cultural institutions’ tangled involvement with looted objects, looting was not always a tale of great secrecy and condemnation. Displaying a “looted object” was a public triumph, as the Roman Antecedents set models of displaying spoils to demonstrate powers and establish cultural authority. After the victory in the battle of Pydna (167 BC), the Roman general Lucius Aemilius Paullus took three days to parade through Rome the procession of the booty captured from the Macedonian King Perseus.[5] For Romans, plundering an enemy defeated in the war was an organized regulation and ritual disposition in the city.[6]

Ancient Roman beliefs and behaviors continue to resurface in the river of time. The Roman empire continues to be a symbolic reference to greatness and power. Their proto-looting behavior during the ancient time translates to triumph.

Many succeeding conquerors drew historical references to the Roman empire and justified looking to reclaim or establish dominance. Napoleon aspired to the victory of Lucius Mummius.[7] The looting behaviors thus marked Napoleon’s government as the heritage of the greatest culture from the ancient world. The best way to show this symbolic political statement is to loot the antiquities from others and display their reclaimed heritage. With the same nationalist sentiment, Napoleon built Arc de Triomphe, inspired by the triumphal arch of antiquity.

“In the case of Napoleon,” de Montebello says, “it was an organized and carefully orchestrated reward of conquest. Every item looted was not randomly ransacked by Napoleon’s troops. Napoleon wrote out a list with the help of French curators and art historians [at the time], a list of works of art from every city that he conquered to bring back to the Louvre museum to turn Louvre into the greatest museum of the world and France as the center of arts.”[8]

He continues, “There was a treaty with each city, such as Vienna, with a list of specific works they should send. So this was different from the troop of Charles V, Holy Roman Emperor, looting during the 16th century. However, Napoleon’s action was still a result of conquest, taking all of the masterpieces to form the conquered areas and bringing them back to the Louvre.”[9]

To Napoleon, Roman triumphs signified the establishment of an empire. Thus showing his government’s potential for “powerful spectacle and symbolism.”[10] Paris will become the new Rome, centering Napoleon’s empire both culturally and politically. Historian Margaret Miles documented that Napoleon displayed the captured statues, paintings, natural history collections, scientific instruments, tapestries, plants and animals, and even archival documents that Napoleon had plundered from principalities in Italy and from the Pope’s collection.[11] “Loot” was more a nationalist political strategy than criminally associated behavior. However, Napoleon’s triumphant act still faces disapproval.

Restitution: A historical perspective

Subsequent to the overwhelming scale of looting behavior seen during Napoleon’s rule, Humanists fronted upon the ideology, and their thoughts formulated the foundation of modern resolutions conceptualized during the eighteenth century. French archeologist Quatremère de Quincy argued against reviving the traditional Roman right of conquest, which was abandoned by the eighteenth-century law of war.[12] Quatremère declared, “in civilized Europe, that which belongs to the arts and sciences is beyond the rights of war and victory.”[13] His statement was considered an early prefiguration of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.

After defeating Napoleon at Waterloo in 1815, the Duke of Wellington– the lead British diplomat in Paris – claimed restitutions for the allied powers of Austria, Spain, the Low Countries, the German states, the Italian states, and the Vatican.[14] The second Treaty of Paris, signed on November 20, 1815, obliged France to return the plundered artifacts to their former sovereigns.[15] The historical effort on restitution largely affected the current view on handling displaced cultural properties.

Dr. Yue Zhang, a professor at Southeast University, China, exemplifies Wellington’s ground and reflects that modern warfare’s concept of justice and practice “restricted the traditional right of conquest and prohibited the wartime plunder of cultural artifacts.”[16] According to Zhang, many scholars consider restitution on ethical or political grounds, “such as redressing historical wrongs, consolidating national identities, or carrying out the necessary steps of decolonization.”[17] To consider restitution under human rights law, “returning significant cultural artifacts preserve the identity of peoples and communities.”[18] Meanwhile, critics argue against ethics-driven restitution as having “weak connections to modern states’ culture or having merely political or moral sentiment without a legal basis.”[19]

Zhang adds that restitution also falls in the debates about cultural property internationalism and cultural property nationalism. Zhang questions whether the role of cultural property should be considered a “common heritage belonging to all peoples or a national heritage only belonging to certain countries.”[20] Many museums face the pressure of returning their collection to their “origin” country. This resolution disregards the changing national concept over the long history. For cultural scholars, a definitive concept of “origin” for return is difficult to locate. Professor de Montebello cautioned, “the way people talk about looting and repatriation is modern to contemporary, twentieth, and twentieth-first-century views on national patrimony. It is problematic because it presumes that anything should return to its origin. Anything Rome to return to Rome, anything Greek should return to Greece, and so forth. If you take it to the letter, it means that the encyclopedic art museum should close all its galleries.”[21]

The lack of contextualization leaves museums acting according to the dogmatic structure and ethical pressure. Cultural institutions are often expected to apply a generalized ethical resolution to cultural property displacement. The dogmatic structure affects the institution’s policy and the display of cultural objects at a dichotomy. “People who are now dogmatic do not take into consideration the circumstance under which work travels.” Professor de Montebello perceived an urgency to understand the multiplicity of the terminologies and use them to represent and educate the history of looting. “At what point do you reward illegitimate enlightenment quest for knowledge and enrichment of collection so you can display? Of course, there is a colonist point of view one cannot deny, but it’s not all black and white.”[22]

Underlining context, Professor de Montebello distinguishes war-time looting from cultural exchange. He comments on the weight of war crime during the twentieth to twenty-first centuries, “Looting during wartime is very different from cultural exchange. Generally, wartime is about the property and not culture. And it needs to be distinguished. It has been addressed by the Hague Convention. We all recognize it during wartime is not a normal form of collecting. You do not have the clarity of purchasing, with the Nazi looting of World War II with forced sales and so forth.”[23]

Overlapping Napoleon’s motivation, Hitler wanted to enrich the Third Reich and its leaders with exquisite and culturally significant works.[24] At the same time, Hitler also aimed to create the Führermuseum as the cultural center of the world in his hometown Linz, Austria.[25] The displacement of cultural property during the Nazi era takes multiple forms beyond its general reference. Nazi looting is lucidly referred to in art historical discourses. The Nazis purged modern artworks from German museums and opened the traveling “Degenerate Art Exhibition,” (German: Die Ausstellung “Entartete Kunst), ” during the latter part of 1937.[26] Meanwhile, many dealers and collectors were coerced into unjust transactions. The Nazis attacked private Jewish collections, public museums, and organizations that were at odds with Nazi ideology.[27]

Over several decades, Nazi-era restitution had become one of the central intersections between legal and cultural discourse. Emphasizing the individuality of Nazi plunder cases, Professor de Montebello explains, “there are so many different forms of different cases. It [Nazi Plunder] is very different from the general collecting during the mass modernist period. This was a particular act of looting and retaliation on the battlefield.”

Understanding the shifting social role of looting allows a dynamic approach to restitution based on context. Professor de Montebello stressed that “Nazi Germany is a particular case; it is not a personal poetry rule, taken from individuals, many of whom were ultimately killed. So this was theft. It is not cultural. Many of the works owned by the Jews were not Judaica, they were French impressionist paintings, old masters, and medieval works. They were the property of Jews, a totally different case.” [28] As De Montebello explains, the majority of Nazi plunder cases are centralized to theft and property disputes.

Legal scholar Jennifer Anglim Kreder raises issues particular to theft victims filing lawsuits to recover cultural property taken during war and revolution. Kreder examines the Foreign Sovereign Immunities Act and the Act of State Doctrine applied to cases seeking to recover art stolen during the Nazi era. According to Kreder, the U.S displays a dogmatic common-law mantra preventing getting titles from a thief.[29] Especially in New York, “doctrines such as the demand and refusal rule were designed to favor the theft victims to prevent the world’s premiere art market from corruption.”[30] The dogmatic approach to theft puts many cultural institutions’ collections under a microscope. Under such pressure, major cultural institutions in the U.S., such as The Metropolitan Museum of Art, the Museum of Modern Art, and The Smithsonian Institution, have all issued statements about their provenance research policies. The institutions dedicated their efforts to researching “wide spared looting by the Nazi regime” during the World War II era. The effort to research Nazi-Confiscated Art is situationally specific. The same effort is not equally applied to other historical “looting” events and leaving others to seek alternative restitution methods.

Conclusion

De Montebello cautioned, “The term looting should be abolished. There are far too many meanings from different times. The concept you have in mind when you think of the term loot will be very different from mine. It varies depending on individuals. A more precise meaning of loot should be found.”[31] The fluid understanding of the looting shows dogmatics in the resolutions of looted objects for cultural institutions that might critically shift the narrative of cultural discourse. Looting should concern as a diachronic discourse. The overview of the historical shift of the social role of looting demonstrates the challenges cultural institutions face under the media’s spotlight. For cultural institutions, the concern extends beyond property ownership and needs to how the institution should handle the “looted objects” in their collections. Understanding the multiple functions of looting provide context and juxtaposition of information in an individual case of restitution.

About the author

Barbie Kim is an M.A. student in History of Art and Archaeology at the Institute of Fine Arts, New York University, and a class of Spring 2023 graduate intern at the Center for Art Law. She received her Bachelor of Fine Arts with an Art History Thesis from the School of the Art Institute of Chicago.

Referenced works:

“Arch of Titus | Yeshiva University.” Accessed March 25, 2023. https://www.yu.edu/cis/activities/arch-of-titus.

Fannon, Molly. “‘The Looting of Cultural Heritage Has Been Happening since the Very Existence of Cultural Heritage, It Is Not Anything New, but What We See Now Is That Looting Has Become Highly Organized.’” WCO News (blog). Accessed February 8, 2023. https://mag.wcoomd.org/magazine/wco-news-81/the-looting-of-cultural-heritage-has-been-happening-since-the-very-existence-of-cultural-heritage-it-is-not-anything-new-but-what-we-see-now-is-that-looting-has-become-highly-organized/.

Gihring, Tim. “Confronting the Legacy of Looting: From Colonialism to Nazis, Mia Is Reckoning with the Ancient Problem of Plunder.” Minneapolis Institute of Art, May 19, 2020. https://new.artsmia.org/stories/confronting-the-legacy-of-looting-from-colonialism-to-nazis-mia-is-reckoning-with-the-ancient-problem-of-plunder.

Jasanoff, Maya. “Collectors of Empire: Objects, Conquests and Imperial Self-Fashioning.” Past & Present, no. 184 (2004): 109–35.

Kreder, Jennifer. “International Hurdles in Nazi-Era and Russian Revolution Cultural Property Cases.” Case Western Reserve Journal of International Law 49, no. 1 (January 1, 2017): 227-240.

Manacorda, Stefano. “Criminal Law Protection of Cultural Heritage: An International Perspective.” Crime in the Art and Antiquities World, 2011, 17.

Miles, Margaret M. “Still in the Aftermath of Waterloo: A Brief History of Decisions about Restitution.” In Cultural Heritage, Ethics, and the Military, edited by PETER G. STONE, 4:29–42. Boydell & Brewer, 2011.

“Spoils of War · Arch for Titus · Piranesi in Rome.” Accessed March 25, 2023. http://omeka.wellesley.edu/piranesi-rome/exhibits/show/arch-for-titus/spoils.

Thompson, Erin. Possession: The Curious History of Private Collectors from Antiquity to the Present. Possession. Yale University Press, 2016. https://doi.org/10.12987/9780300221008.

United States Holocaust Memorial Museum. “Looted Art — United States Holocaust Memorial Museum.” Accessed March 22, 2023. https://www.ushmm.org/collections/bibliography/looted-art.

Zhang, Yue. “The Right to Restitution of Cultural Property Removed as Spoils of War during Nineteenth-Century International Warfare.” University of Pennsylvania Journal of International Law 42, no. 4 (January 1, 2021): 1097.

Zimmer, By Ben. “‘Looting’: A Term With Roots in Protest and Conflict.” Wall Street Journal, June 4, 2020, sec. Life. https://www.wsj.com/articles/looting-a-term-with-roots-in-protest-and-conflict-11591310530.

Additional Reading

“Art and Cultural Heritage Looting and Destruction | Art History Teaching Resources.” Accessed March 22, 2023. https://arthistoryteachingresources.org/lessons/art-and-cultural-heritage-looting-and-destruction/.

Balcells, Marc. Plundering Boys: A Cultural Criminology Assessment on the Power of Cultural Heritage as a Cause for Plunder in Armed Conflicts along History. Brill, 2013. https://doi.org/10.1163/9789004251427_017.

Behzadi, Emily. “‘Spain for the Spaniards’: An Examination of the Plunder & Polemic Restitution of the Salamanca Papers.” Geo. Mason Int’l L. J. 11 (January 1, 2020): 1.

Burris, Donald. “From Tragedy to Triumph in the Pursuit of Looted Art: Altmann, Benningson, Portrait of Wally, Von Saher and Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016).” UIC Review of Intellectual Property Law 15, no. 3 (January 1, 2016). https://repository.law.uic.edu/ripl/vol15/iss3/2.

“Confronting the Legacy of Looting: From Colonialism to Nazis, Mia Is Reckoning with the Ancient Problem of Plunder –– Minneapolis Institute of Art.” Accessed March 22, 2023. https://new.artsmia.org/stories/confronting-the-legacy-of-looting-from-colonialism-to-nazis-mia-is-reckoning-with-the-ancient-problem-of-plunder.

Deshmukh, Marion, and Elizabeth Simpson. “The Spoils of War. World War II and Its Aftermath: The Loss, Reappearance and Recovery of Cultural Property.” German Studies Review 22, no. 2 (1999): 322.

Gardner, James. The Louvre: The Many Lives of the World’s Most Famous Museum. First Grove Atlantic hardcover edition. New York: Atlantic Monthly Press, 2020.

Kreder, Jennifer Anglim. “International Hurdles in Nazi-Era and Russian Revolution Cultural Property Cases.” SSRN Scholarly Paper. Rochester, NY, October 28, 2016. https://papers.ssrn.com/abstract=2867632.

McClellan, Andrew. Inventing the Louvre: Art, Politics, and the Origins of the Modern Museum in Eighteenth-Century Paris. Berkeley, Calif.: University of California Press, 1999.

“New Research Tracks Ancient Artifacts Looted by the Nazis – The New York Times.” Accessed March 22, 2023. https://www.nytimes.com/2022/01/18/arts/design/nazis-antiquities-looted.html.

“Reparations: A Legal and Moral Basis | Time.” Accessed March 22, 2023. https://time.com/132034/a-legal-and-moral-basis-for-reparations/.

“Return of African Artifacts Sets a Tricky Precedent for Europe’s Museums – The New York Times.” Accessed March 22, 2023. https://www.nytimes.com/2018/11/27/arts/design/macron-report-restitution-precedent.html?action=click&module=RelatedCoverage&pgtype=Article&region=Footer.​​

Sandholtz, Wayne. “Plunder, Restitution, and International Law.” International Journal of Cultural Property 17, no. 2 (2010): 147–76. doi:10.1017/S094073911000007X.

“The History of Power Is the History of Looting | Time.” Accessed March 22, 2023. https://time.com/5851111/protests-looting/.

Thompson, Erin L. “How the Met Museum Justifies Looting.” Hyperallergic, December 22, 2021. http://hyperallergic.com/701569/how-the-met-museum-justifies-looting/.

Treue, Wilhelm. Art Plunder: The Fate of Works of Art in War, Revolution and Peace. London: Methuen, 1960.

—

Notes from the Conversation:

Q: How the meaning and attitude towards looting shifted over history? What can we learn from this shift?

PdM: “Looting itself is a loaded term, and looting has different meanings at different times. Looting at ancient times was an established and partially legal method of compensating one’s army and of establishing one’s dominance over the city and stage one conquerer. When speaking of roman loot, of course, it is not a statute of law. However, one is speaking from an accepted form of behavior As a result of battle and conquest.”

“The way people talk about looting and repatriation is modern to contemporary, 20th, and 21st-century views on national patrimony, and it’s problematic because it presumes that anything should return to its origin. Anything Rome to return to Rome, anything greek should return to Greece….If you take it to the letter, it really means that the metropolitan museum of art should close all its galleries.”

“Looting in ancient times was considered an acceptable form of collection. But ancient authors already sensed the magnitude of the looting was so great, and they were concerned it was a cultural genocide.”

“Napoleon was a completely different case and cannot be compared to what happened in the 19th and 20th centuries. Because in the case of Napoleon, it was an organized and carefully orchestrated reward of conquest, every item looted was not randomly ransacked by Napoleon’s troops. Napoleon wrote out a list with the help of French curators and art historians [at the time], a list of works of art from every city that he conquered to bring back to the Louvre museum to turn love into the greatest museum of the world, and France as the center of arts.”

“There was a treaty with each city, such as Vienna, with a list of specific works they should send. So this was different from the troop of Charles V, Holy Roman Emperor, looting during the 16th century. However, Napoleon’s action was still a result of conquest, taking all of the masterpieces to form the conquered areas and bringing them back to the Louvre.”

 

Do you see this model parallels or still shadows in contemporary museum practice? 

PdM: “We are here dealing with the issue of ideology, with the orthodoxy of the day, a kind of self-flattering point of view.”

“People who are now dogmatic don’t take into consideration the circumstances under which work travels.”

“At what point do you reward illegitimate enlightenment quest for knowledge and enrichment of collection so you can display, yes, there is a colonist point of view one cannot deny, but it’s not black and white.”

“Do you want to be so preventive, thinking that one culture’s art should only remain in its region, based on changing borders and geographical understanding of nationality? It is a form of colonizing and self-colonizing.”

If works of art cannot move, the art we see today would be awful. The art we see today is enriched because it comes from everywhere. Interaction between regions bordering Aesthetic Instead of healing the cultural wound, maintaining and hardening the divisions, one must not simply close the wound over time but use them as cultural enrichment. One has to overcome it.

Q: [Looting then is a result of conquest and power, often in association with catastrophic events which seems like overcoming cultural wound are not as easy]

PdM: “Nazi Germany is a particular case; it is not a personal poetry rule, taken from individuals, many of whom were ultimately killed. So this was theft. It’s not cultural. Many of the works owned by the Jews were not Judaica, and they were French impressionist paintings, old masters, and medieval works.” “They were the property of Jews, a totally different case.”

Q: So then The term looting risks merges the idea of cultural exchange and theft of property?

PdM: “The term looting should be abolished. There are far too many meanings and different times from different times. When you think of loot, in your mind, it means one concept more than yours and varies depending on individuals. A more precise meaning of loot should be found.”

Lawyers are people who have biases like any human does, its nature. However, when lawyers start to examine a case whether it is restitution, country of origin, WWII. What is the tool of the lawyer is exiting law which they cannot oblige. They must refer to a specific statute. With restitution, it becomes complicated because different countries established other laws and aments. Lawyers are compelled to put aside their options, look at the actual laws, and read the text. So it’s very different from the general intellectual, cultural, and emotional aspects of looting. I am very frustrated by what is happening today, I don’t know what to think about restitution and museums dismantling their Galleries.

Sources:

  1. Ben Zimmer,. “‘Looting’: A Term With Roots in Protest and Conflict.” Wall Street Journal, June 4, 2020, sec. Life. https://www.wsj.com/articles/looting-a-term-with-roots-in-protest-and-conflict-11591310530. ↑
  2. “Spoils of War · Arch for Titus · Piranesi in Rome.” Accessed March 25, 2023. http://omeka.wellesley.edu/piranesi-rome/exhibits/show/arch-for-titus/spoils. ↑
  3. From an interview with Philippe de Montebello, by Barbie Kim, February 15, 2023 ↑
  4. From an interview with Philippe de Montebello, by Barbie Kim, February 15, 2023 ↑
  5. Erin Thompson. Possession: The Curious History of Private Collectors from Antiquity to the Present. Possession. Yale University Press, 2016, 29-30. ↑
  6. Thompson. Possession, 29-30. ↑
  7. De Montebello, Philippe. “History and Meaning of Museum.” History and Meaning of Museum, Institute of Fine Arts, James B. Duke House, November 1, 2022 ↑
  8. From an interview with Philippe de Montebello, by Barbie Kim, February 15, 2023 ↑
  9. From an interview with Philippe de Montebello, by Barbie Kim, February 15, 2023 ↑
  10. Margaret M. Miles “Still in the Aftermath of Waterloo: A Brief History of Decisions about Restitution.” In Cultural Heritage, Ethics, and the Military, edited by PETER G. STONE, 4:29–42. Boydell & Brewer, 2011, 32 ↑
  11. Miles “Still in the Aftermath of Waterloo: A Brief History of Decisions about Restitution.”, 32 ↑
  12. Zhang, Yue. “The Right to Restitution of Cultural Property Removed as Spoils of War during Nineteenth-Century International Warfare.” University of Pennsylvania Journal of International Law 42, no. 4 (January 1, 2021): 1097-1156, 1128. ↑
  13. De Montebello, Philippe. “History and Meaning of Museum.” History and Meaning of Museum, Institute of Fine Arts, James B. Duke House, October 25, 2022 ↑
  14. Zhang. “The Right to Restitution of Cultural Property Removed as Spoils of War during Nineteenth-Century International Warfare,”1129. ↑
  15. Zhang. “The Right to Restitution of Cultural Property Removed as Spoils of War during Nineteenth-Century International Warfare,”1131. ↑
  16. Associate professor, Southeast University, School of Law, China; S.J.D. Dr. Yue Zhang wrote “The Right to Restitution of Cultural Property Removed as Spoils of War during Nineteenth-Century International Warfare,” as an interpretation of customary international law-making, looking back at nineteenth century laws to pave the legal grounds for claiming looted cultural property today. ↑
  17. Zhang. “The Right to Restitution of Cultural Property Removed as Spoils of War during Nineteenth-Century International Warfare,” 1104. ↑
  18. Zhang. “The Right to Restitution of Cultural Property Removed as Spoils of War during Nineteenth-Century International Warfare,” 1104. ↑
  19. Zhang. “The Right to Restitution of Cultural Property Removed as Spoils of War during Nineteenth-Century International Warfare,” 1104. ↑
  20. Zhang. “The Right to Restitution of Cultural Property Removed as Spoils of War during Nineteenth-Century International Warfare,” 1104. ↑
  21. From an interview with Philippe de Montebello, by Barbie Kim, February 15, 2023 ↑
  22. From an interview with Philippe de Montebello, by Barbie Kim, February 15, 2023 ↑
  23. From an interview with Philippe de Montebello, by Barbie Kim, February 15, 2023. ↑
  24. Jennifer Anglim Kreder. “International Hurdles in Nazi-Era and Russian Revolution Cultural Property Cases.” Case Western Reserve Journal of International Law 49, no. 1 (January 1, 2017): 227-240, 232. ↑
  25. Kreder. “International Hurdles in Nazi-Era and Russian Revolution Cultural Property Cases,” 231. ↑
  26. Kreder. “International Hurdles in Nazi-Era and Russian Revolution Cultural Property Cases,” 232. ↑
  27. United States Holocaust Memorial Museum. “Looted Art — United States Holocaust Memorial Museum.” Accessed March 22, 2023. https://www.ushmm.org/collections/bibliography/looted-art. ↑
  28. From an interview with Philippe de Montebello, by Barbie Kim, February 15, 2023. ↑
  29. Kreder. “International Hurdles in Nazi-Era and Russian Revolution Cultural Property Cases,” 239. ↑
  30. Kreder. “International Hurdles in Nazi-Era and Russian Revolution Cultural Property Cases,” 239. ↑
  31. From an interview with Philippe de Montebello, by Barbie Kim, February 15, 2023. ↑

 

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

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2026 Annual Conference

Let’s explore Visual Art, AI, and the Law in the 21st Century together.

 

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Join the Center for Art Law for a discussion on th Join the Center for Art Law for a discussion on the current state of the Anti-Money Laundering Regulations, and how recent and upcoming changes affect art market participants and transactions.

The speakers will offer an update on the regulatory landscape in the United States, issues with enforcement of the AML provisions as well as discuss considerations for private sector on how to stay compliant and prevent money laundering. Finally, we will share the very latest insights we have gained about regulations and enforcement in the UK as they concern  art market participants.

This is your opportunity to learn about the new edition of the Center's AML study of regulations in the EU and other jurisdictions, brush up on the upcoming changes in the UK and the US to the due diligence requirements, and to ask questions.

The event is offered in conjunction with the 2026 Art Law Summer School. 

This event is in-person at Steptoe, New York @ 1114 Avenue of the Americas AND Online.

🎟️ Click the link in our bio to grab your tickets!

#artlaw #centerforartlaw #artlawyer #legalresearch #aml #artcrime #internationallaw
We hope you join us for our Annual Art Law Confere We hope you join us for our Annual Art Law Conference 2026 on May 27, 2026. You can join in-person at Brooklyn Law School or online via Zoom.

The 2026 conference will focus on copyright law as it relates to visual art, artificial intelligence, and the rapidly evolving legal landscape of the 21st century. The program will begin with a keynote address, followed by three substantive panels designed to build on one another throughout the afternoon. In addition, we will host a curated group of exhibitors featuring databases, legal tools, and technology platforms relevant to artists’ rights, copyright, and AI. The program will conclude with a reception, providing time for continued discussion, networking, and engagement among speakers, exhibitors, and attendees.

The opening panel will examine the current state of copyright law in the visual arts and the practical challenges facing artists, galleries, institutions, and practitioners. Subsequent panels will address artificial intelligence, recent legislative and regulatory developments, the role of the U.S. Copyright Office, and emerging questions around licensing, enforcement, and appropriation in a contemporary digital environment.

The conference convenes artists, attorneys, scholars, collectors, arts administrators, students, and policy professionals for in-depth and timely discussion, and will be accompanied by a silent auction and exhibitor networking opportunities. 

Closing Remarks by Lindsay Korotkin, Partner, ArentFox Schiff
Join us on May 27th at Brooklyn Law School for our Join us on May 27th at Brooklyn Law School for our Annual Art Law Conference 2026: What is Copy, Right? 

We are very excited to introduce you to the topic and speakers for Panel 3: Registration Is Dead? Long Live Licensing?

As copyright enforcement becomes more complex, this panel explores the evolving role of registration and the growing importance of licensing agreements in protecting creative works. Panelists will discuss how artists, rights holders, and legal practitioners navigate enforcement today, examining when registration still matters, how licensing structures are being used strategically, and what effective rights management looks like in a shifting legal and art market landscape.

Moderator: Carol J. Steinberg, Art, Copyright & Entertainment Law Attorney, Faculty, School of Visual Arts

Speakers: Janet Hicks, Vice President and Director of Licensing, Artists Rights Society; Yayoi Shionoiri, art lawyer and Vice President of External Affairs and General Counsel at Powerhouse Arts; Martin Cribbs, Intellectual Property Licensing Strategist

You can join us in-person or online! Grab your tickets using the link in our bio! 🎟️ 

#centerforartlaw #artlaw #copyrightregistration #copyrightlaw #copyrightlawandart
Where does this newsletter find you? Checking your Where does this newsletter find you? Checking your passport and tickets on your way to Venice, or floating toward the Most Serene City on the waves of your imagination? Yes, this newsletter is inspired by the 61st Venice Biennale, entitled In Minor Keys, and by the May flurry of activities. For us the month of May closes books on FY 2026 (thanks to you and our programming, we are ending this year strong and ready for the 2026-2027 encore), and it makes our heads spin with final preparations for the Summer School and Annual Conference, punctuated by the arrival of the summer interns (final count is still a mystery). Please share with us your art law stories and experiences as we strive to do the same in New York, Zurich, London, Venice…

The eyes of the art and law world are on La Serenissima because the world needs serenity instead of sirens and because people love art, it imitates life, art that allows us to experiment with real feelings and overcome the drama. From lessons in artistic advocacy with the “Invisible Pavilion” (2026) to historical echoes of the Biennale del Dissenso [Biennial of Dissent] (1977), this Biennale is giving us a lot to process. Hope and joy, loss and disappointment, reunions and new encounters, memorialization and belonging, realization that different motivations drive us to take to the road. Don’t lose your moral compass or your keys, and remember: even minor movements can lead to major reverberations. 

🔗 Check out our May newsletter, using the link in our bio, to get a curated collection of art law news, our most recent published articles, upcoming events, and much more!!

#centerforartlaw #artlaw #artlawyer #lawyer #artissues #newsletter #may #legalresearch
Join us on May 27th at Brooklyn Law School for our Join us on May 27th at Brooklyn Law School for our Annual Art Law Conference 2026: What is Copy, Right? 

We are very excited to introduce you to the topic and speakers for Panel 2: The Copyright Office Weighs In — Three Reports on AI and the Law

This panel examines the U.S. Copyright Office’s three recent reports on artificial intelligence and copyright, unpacking what they clarify, and what they leave unresolved about authorship, ownership, and protection in the age of AI. Panelists will also situate these reports within the broader legal landscape, touching on emerging litigation and contested issues shaping how AI‑generated and AI‑assisted works are treated under current copyright law.

Moderator: Atreya Mathur, Director of Legal Research, Center for Art Law

Speakers: Miriam Lord, Associate Register of Copyrights and Director of Public Information and Education; Ben Zhao, Neubauer Professor of Computer Science at University of Chicago and Founder, Nightshade & Glaze; Katherine Wilson-Milne, Partner, Schindler Cohen & Hochman LLP 

Reserve your tickets today! 🎟️ 

#artlaw #centerforartlaw #copyrightlaw #copyrightlawandart
Round, like a circle in a spiral, like a wheel wit Round, like a circle in a spiral, like a wheel within a wheel… Case law is fascinating, and litigation is often the only path when disputes over valuable art cannot be resolved through negotiation or ADR. 

As news of the renewed HEAR Act spreads through the restitution community, we invite you to read a case review by two of our legal interns, Donyea James (Fordham Law, JD Candidate 2026) and Lauren Stein (Wake Forest University School of Law, JD Candidate 2027), who spent this semester immersed in the facts and law of "Bennigson et al. v. Solomon R. Guggenheim Foundation."

$1,552. That is what a Picasso sold for in 1938 by a Jewish businessman fleeing Nazi Germany. Roughly one-tenth of what he sought just six years earlier. The heirs went to court and two courts said the claim came too late. HEAR Act might very well challenge that conclusion. The case is now pending before New York's highest court. 

🔗 Link in bio.

#ArtLaw #Restitution #HolocaustArt #HEARAct #Guggenheim #Picasso #ProvenanceResearch
Whose collections? Whose heritage? What happens wh Whose collections? Whose heritage? What happens when the present confronts colonial memory? Join us in Zurich for a special screening of "Elephants & Squirrels," a documentary following Sri Lankan artist Deneth Piumakshi Veda Arachchige as she traces looted artifacts and human remains of the indigenous Wanniyala-Aetto people, held in Swiss museum collections for over a century, and fights for their return home.

Film director Gregor Brändli and the artist will open the evening with reflections on colonial collecting, cultural heritage, and the ethics of museum stewardship.

📅 May 12, 2026 | 18:00 – 21:00
📍 schwarzescafé | Luma Westbau, Limmatstrasse 270, Zurich

This event is free to attend and is offered as part of the CineLöwenbräukunst series. Link in bio for more information.

#ArtLaw #CulturalHeritage #Restitution #Repatriation #Zurich #FilmScreening #ColonialHistory #MuseumEthics 

#MuseumEthics
Join us on May 27th at Brooklyn Law School for our Join us on May 27th at Brooklyn Law School for our Annual Art Law Conference 2026: What is Copy, Right? 

We are very excited to introduce you to the topic and speakers for, Panel 1: So Inappropriate — Lessons About Copyright Law and Art: First There Was Art, Then Copyright, Then Fair Use… and Now AI?

From early copyright doctrines to contemporary fair use debates, this panel examines how artists and lawyers have navigated questions of ownership, appropriation, and originality in visual art. Panelists will explore key developments in copyright law affecting traditional artistic practices, from borrowing and remixing to transformative use, while also considering how emerging technologies, including AI, are beginning to reshape long‑standing legal frameworks and artistic norms.

Moderator: Irina Tarsis, Founder, Center for Art Law
Speakers: Vivek Jayaram, Founder, Jayaram Law; Vincent Wilcke, Pace Gallery; Greg Allen, Artist and writer 

Reserve your tickets using the link in our bio or by visiting our website itsartlaw.org 🎟️ 
See you soon!
Next stop: Venice. The 61st Biennale has been maki Next stop: Venice. The 61st Biennale has been making waves and headlines for weeks and the doors have not even opened yet. The jury refused to award prizes and resigned nine days before the opening over geopolitical controversies. Some artists boycott while others show up even if unwelcome. Some pavilions will be empty, some will not be open to the public… Sources of funds, sources of inspiration, so many questions, so much on display for critical eyes. Meanwhile the boats are waiting for anyone lucky enough to find themselves in the floating world.

Help us reflect on the Biennale by sharing your art law stories.

#ArtLaw #Venice #Biennale2026 #ArtWorld #BiennaleofDissent #LaSerenissima #GoldenLion #SeeArtThinkArtLaw
Center for Art Law is very pleased to welcome Prof Center for Art Law is very pleased to welcome Professor Ben Zhao as the Keynote Speaker for our Annual Art Law Conference 2026! 

Ben Zhao is the Neubauer Professor of Computer Science at the University of Chicago where he, and a team of researchers at the university, developed NightShade & Glaze, two data-poisoning tools which protects artists' work from being scraped for AI data training. 

Professor Zhao will discuss tools, such as NightShade, which can assist in defending art in the age of AI. 

The 2026 conference will focus on copyright law as it relates to visual art, artificial intelligence, and the rapidly evolving legal landscape of the 21st century. The program will begin with Professor Zhao's keynote address, followed by three substantive panels designed to build on one another throughout the afternoon. In addition, we will host a curated group of exhibitors featuring databases, legal tools, and technology platforms relevant to artists’ rights, copyright, and AI. The program will conclude with a reception, providing time for continued discussion, networking, and engagement among speakers, exhibitors, and attendees. 

We hope you join us! Reserve your tickets now using the link in our bio 🎟️ 

#centerforartlaw #artlaw #copyrightlaw
A huge thank you to our hosts and incredible speak A huge thank you to our hosts and incredible speakers who made this London panel discussion truly special! 🙏✨ 🇬🇧 🇺🇦 

We were so fortunate to hear from:

🎤 Rakhi Talwar | RTalwar Compliance
🎤 Raminta Dereskeviciute | McDermott Will & Schulte
🎤 Daryna Pidhorna, Lawyer & Analyst | The Raphael Lemkin Society
🎤 Timothy Kompancheko | Bernard, Inc.
🎤 Yuliia Hnat | Museum of Contemporary Art NGO
🎤 Irina Tarsis | Center for Art Law

Your insights, expertise, and passion made this a conversation we won't forget. Thank you for sharing your time and knowledge with us! 💫

Bottom Line: the art market has power and responsibility. Our panel "Art, Money, and the Law: Sanctions & AML Enforcement in 2026" tackled the hard questions around money laundering, sanctions compliance, and what's at stake for art market participants in today's regulatory landscape.

⚠️ Regulators are watching and "history has it's eyes on you..." too We don't have to navigate the legal waters alone. Let's keep the conversation going.

What was your biggest takeaway? 

#ArtLaw #AMLCompliance #Sanctions #ArtMarket #ArtAndMoney #Enforcement2026
At the Center for Art Law we are preparing for our At the Center for Art Law we are preparing for our Annual Art Law Conference 2026, "What is Copy, Right? Visual Art, AI, and the Law in the 21st Century", and we hope you are as excited as we are! The event will take place on May 27th at Brooklyn Law School. 

In addition to the panels throughout the day, which will offer insights into the rapidly shifting landscape of art and copyright law, our conference will feature exhibitors showcasing resources for promoting artists' rights, and a silent auction aimed at bolstering the Center's efforts. 

We would like to invite you to take part in and support this year's Annual Art Law Conference by being an exhibitor or sponsor. We express our sincere appreciation to all of our sponsors, exhibitors and you! 

Find more information and reserve your tickets using the link in our bio! See you soon!
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