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May 6, 2011

Friday, May 06, 2011 - No comments

Robert Lang's Lawsuit against Sarah Morris for Copyright Infringement on Origami Designs

by Catherine Schofield Sezgin, ARCA Blog Editor-in-Chief

The ARCA Blog email received an email from Bay Oak Law in Oakland, California, which Robert J. Lang in a copyright infringement case involving origami crease patterns and the artist Sarah Morris who has used them in her artwork.

Robert J. Lang summarizes the lawsuit on his website and with his lawyer's permission we are recycling the information here:
For several years, American artist Sarah Morris created a series of paintings on the theme of origami in which she took origami crease patterns by several international origami artists, changed the color scheme, and then sold and exhibited them internationally without obtaining permission or giving credit. Six of the origami artists whose work was so used have filed suit for copyright infringement against Ms. Morris in Federal Court in Oakland, California. 
Review the filed complaint, as well as the first and second set of exhibits. 
Why did the artists take this step? Among other reasons, under American copyright law, the original artist has the right to control derivative works of our original works. (“Derivative works” are those works that are based upon our original works, but do other things to them – such as colorizing them, in this case.) As the original artists, they have the right to decide what you can do with their artwork, not Ms. Morris. Although they published our crease patterns, that does not mean we gave up our ownership rights to the original art works we created. 
24 of her works (listed in the complaint) have been identified as unauthorized copies of origami crease patterns by modern origami artists. As of May 4th, Ms. Morris has not answered the complaint.
The lawsuit was filed on April 28, 2011.  In addition to learning about copyright issues, this case informs readers about the complicated world of origami design.

We here at the ARCA blog of course won't reproduce an image of either artists' work until we have permission.

May 5, 2011

Thursday, May 05, 2011 - 2 comments

ARCA 2011 Student Marc Balcells: Art Criminologist

Marc Balcells at The Met
by Catherine Schofield Sezgin, ARCA Blog Editor-in-Chief

Marc Balcells Magrans is a Fulbright scholar, a Spanish criminologist, and a criminal lawyer. He currently lives in New York where he is completing a PhD in Criminal Justice. His research focuses on art crime and its relationship to terrorism and organized crime, as well as museum security and its connection to art crimes and theoretical criminology. He has taught several courses on International Criminal Law and Spanish Criminal Law and Criminology, he has published internationally, and he has served as a media consultant for art crime issues.

Marc Balcells’ research has led him to study the looting of the Baghdad Museum during the war; museum security; the value of art as a catalyst for looting throughout history; and a small ethnography on boredom of museum guards at the Metropolitan Museum.

He speaks Catalan, Spanish, English, Italian, French and German.

ARCA Blog: Marc, you are enrolled in this summer’s ARCA program for the study of art crime and the protection of cultural heritage in Amelia, Italy. What attracted you to the program and what are your expectations about the courses, the instructors and the students? And have you ever lived in Italy or in a medieval city in Umbria?
Marc: I think I can be pretty straightforward when I say I am really excited to spend all summer learning about art crime in all its facets! What really attracted me to the program is the fact that it is so unique and one-of-a-kind: I agree with the fact that art crime needs sound research, and to me, this program really delivers this foundation to the students, thanks to experienced faculty members. I am looking forward to all courses that are criminologically oriented (where I already feel comfortable, due to the fact that I have already taught in this field), but also the ones related to art or the art world, because at least in my case I'm venturing into, to some extent, uncharted territory. Regarding the students, we have been communicating between us, and you can feel a great comraderie even one month ahead of the start of the program! And regarding Italy, I have lost track of how many times I have been there, albeit I must admit it is my first time living in an Italian village and I am looking forward to blending with the locals!
ARCA Blog: As a frequent visitor to museums, I have been curious about the people who guard the art. In the United States you studied the museum security guards at the Metropolitan Museum. What did you learn from that study?
Marc: That small study, which I hope one day will develop into an academic article, was made out of ethnographical fieldwork. Of course, contrary to statistical research, it implies that the knowledge that it is being generated may not be generalizable anywhere else (another museum may show different results), but the depth of the detail produced by the observations is amazing. People tend to think about this passive museum guard staring into the void (which was, actually, the title of the project): I was also misguided by this myth, and actually it all originated as one ethnography regarding boredom. And well, yes, some of them may be there for the peace and solitude of the job, but then I found an amazing group of guards, trained in the arts or not, who cared a lot for what they were protecting. Some of them even launched a magazine! There were observations (I passed as a visitor taking notes) that were, simply put, amazing! However, it is sad that their voices are not often heard when addressing security concerns. At least, with my project, I tried to put a voice to their role.
ARCA Blog: The guards who left the biggest impression on me were those employed by the archaeological museum in Napoli. The impressive collection of mostly artifacts from Pompeii are housed in a sprawling building with large French doors which were flung open in the hot July afternoon I visited. The guards wore thick rubber sole shoes and appeared casually dressed. They didn’t appear to be a threat to anyone. However, then we remembered that Napoli is protected by organized crime and thought only a fool would steal from that museum. What makes an effective security guard?
Marc: Well, this example is perfect to realize that in certain parts of the world, organized crime has a palpable presence and blends with other legal activities. I would not label them as the effective guard (after all, it is well known that, after receiving a bonus in cash from visitors, they took some of them to some restricted areas). The effective guard should receive both training in art (again, as it was commented by the Met guards I interviewed, if you care about what you are protecting, your job becomes more engaging) and also, a training similar to the one received by guards in airports and other transportation hubs, where they are used to spot suspicious persons. This approach is already implemented in museums (see Ahern and Amore’s article, in ARCA’s book “Art and Crime”) and there is an interesting article by Charney in The Journal of Art Crime (“Ten Cost-Effective Steps to Improve Security at your Museum”, fall 2009) that proves it is not only not costly, but also should make guards more proactive and engaged in their line of work.
ARCA Blog: What is situational crime prevention and how did you relate it to museum security?
Marc: Situational crime prevention, along other theories, constitutes what is called environmental criminology. These theories differ from other criminological theories in the fact that they do not seek to answer why the offender did it (what motivations did he or she had in mind), but rather to prevent crime from happening by analyzing the physical surroundings of where crime takes place. Situational crime prevention, therefore, seeks to make the criminal act more difficult by adding barriers and difficulties, in a nutshell. We live, actually, surrounded by this theory: airports, ATMs… But not every measure is based on situational crime prevention, and this is the point I try to prove. These theories follow a method: you have a theoretical foundation, a methodology, a set of measures and, once implemented, you evaluate their success. Science, then, drives situational crime prevention, which is very different from simple prevention techniques with no effective and serious research behind it.
ARCA Blog: In places of civil unrest, museums like the National Museum in Baghdad are raided and the objects sold on the secondary market outside of the country. What can countries do to protect their cultural assets in these cases? What was learned from the looting of the Baghdad museum?
Marc: Even though it will sound utopic, as a criminologist I believe that in order to reduce effectively crime, better social policies play a fundamental role. However, the country must be able to enact them, and it may not be possible in developing countries. Many criminologists refer to anomie as this pressure on achieving goals through illicit means if all licit alternatives are blocked to you, in a very simplistic reduction of these theories. I analyzed the looting of the National Museum of Baghdad in this perspective: first of all, according to several sources and reports, the biggest amount of looted objects came from regular people (which is, per se, quite indicative). It must be noted that, theoretically and practically, the solutions we will be looking for differ radically from the ones that should be applied to professionals that were targeting the museum and waiting for their opportunity to break in and take profit of all the chaos, while at the same time spotting the most valuable items. What would I propose, therefore, for citizens tempted to break into a museum in times of unrest? Better social policies are basic (after all, they are revolting to claim for a better way of living) to eliminate temptations to resort to illicit activities. But it is also basic that these are also followed by educative measures teaching pride on your heritage: look at the Egyptians protecting their sites, for example.
ARCA Blog: You speak numerous languages and studied Classics in Humanities before focusing on criminology. What do you envision for yourself as a dream occupation after you have completed your studies?
Marc: In my studies, I always “go international”, as I put it! That is, I am always looking at several countries, comparing, analyzing... Hence, my dream job would be working at UNESCO. And, if I may ask, some time to teach art crime and criminology to others!

May 4, 2011

Wednesday, May 04, 2011 - ,, No comments

ARCA 2010 Alum Leila Amineddoleh Establishes the Art Law Group at Lysaght, Lysaght & Ertel in New York

Leila Amineddoleh inside a church in Cappadocia
This year ARCA 2010 Alum Leila Amineddoleh founded the Art Law Group at Lysaght, Lysaght & Ertel in New York. The group specializes in visual art and intellectual property. The acquisition and ownership of artwork involves many complex transactions, Ms. Amineddoleh told the ARCA Blog.
“The Art Law Group at Lysaght, Lysaght & Ertel counsels clients on all legal issues related to the acquisition, retention, and disposition of fine art, and rights to works of artistic creation. The firm handles litigation, alternate dispute resolution, and transactions that concern works of art, the art market, and the art world. It assists clients with the purchase, consignment, sale, and auction of art, organizing and implementing major exhibitions, structuring business agreements, drafting contracts, complying with customs procedures, recovering stolen work for collectors and insurance companies, and advising clients on criminal matters.”
The partners at Lysaght, Lysaght & Ertel approached Leila about joining the firm after she had returned from her studies with ARCA.
“The members of the firm have had great success in both litigation and transactional work, including recovering large monetary judgments in complex litigations. In addition, the founding partners of the firm are avid art collectors and involved in the art markets in both New York City and Chicago.”
ARCA Blog: What has been the most challenging part of forming a new practice group at a law firm?
Leila: The most difficult task is marketing the group. There are a few very well-known law firms in the US that have wonderful art law groups, and naturally clients turn to those firms first. Being the new kid in town is challenging, but we’re hoping that members of the art community will begin to recognize LLE as one of New York’s top art law firms.
ARCA Blog: What advantages does a smaller firm like LLE offer?
Leila: Because we’re a smaller firm, we have lower operating expenses, meaning that we’re able to charge less for our services. Clients will be able to get high-level work, but for lower prices.
ARCA Blog: How does an art law group function?
Leila: Basically, the same as any other group. Clients call us with questions about their legal situations, ranging from negotiating contracts between galleries and artists, litigating for the sale of paintings, filing trademarks, or dealing with criminal investigations regarding provenance. Clients can be very emotional about their legal issues, and it’s our job to analyze their situations rationally to find the best solution for each unique situation. We do our best to use legal tools to properly advise our clients and protect their interests.
ARCA Blog: Are your clients concerned about the provenance of their artworks? Are you ever asked to substantiate the ownership of an object or painting against claims of theft?
Leila: Clients are concerned about the provenance of their objects. Collectors are beginning to realize that provenance is extremely important. If they do not complete their due diligence of provenance research, they could have much bigger and more costly problems later down the line. In order to substantiate ownership, LLE works with provenance researchers in the US and Europe.
ARCA Blog: Do you see any issues regarding Holocaust-era art restitution?
Leila: I haven’t yet worked on any Holocaust-era art restitution cases, but it’s an area that I’m deeply interested in, and I would love to work on a matter related to World War II looted art.
ARCA Blog: Would you advise clients to document the history of ownership of their objects?
Leila: Certainly, it’s very necessary, and it’s a rule that I follow myself. As an art collector, I always research a piece’s history, and I keep dated receipts and information about where I purchased an object. It is necessary for clients to research the history of an artwork. If there isn’t a history attached to the piece, then purchasers should keep all current records: receipts, information about the seller of the object (whether it be a business card or name of the seller), etc.
ARCA Blog: In negotiation contracts between galleries and artists, what are some of the main concerns that have to be addressed?
Leila: As you can imagine, the artists are most concerned with their art. They need to be guaranteed that their art will be safe and protected against theft, fire, and damage. In addition, they need to be ensured that they will have unsold items returned and that they will receive proper credit for their work. And artists need to feel comfortable with their agents and galleries—they must know that these individuals respect their art and their craft.

On the other hand, gallery owners are most concerned about having products delivered to them. Artists have the reputation of being unreliable, and gallery owners need contracts that specifically set out dates and deadlines to ensure that artists deliver their works safely and securely with enough time for the galleries to properly organize shows.
To read more about LLE, you may visit their website: http://www.lysaghtlaw.com/.

May 3, 2011

Venice in Peril Fakes and Forgeries Lecture (Part II)

This podcast features Part II of Noah Charney's "The World Wishes To Be Deceived: A Brief History of Art Forgery" delivered as a part of Venice in Peril's 2nd Exclusive Art Crime Lecture held on April 5, 2011 at the Royal Geographical Society in London. In the lecture, Charney discusses the differences between fakes, forgeries, and copies as well as highlights a few of the most interesting cases from the past 500 years. Access the podcast at ARCA's iTunes page or by clicking this link.

May 2, 2011

Monday, May 02, 2011 - No comments

Osama bin Laden and Smuggling Antiquities -- as reported by Stolen Vermeer's Turbo Paul, the Art Newspaper, Matthew Bogdanos in the Associated Press, and (almost a decade ago) Wall Street Journal Reporter Daniel Pearl (Himself Kidnapped and Murdered by al Qaeda)

WSJ Reporter Daniel Pearl
 wrote about smuggled gems  funding
 al Qaeda months before his death
by Catherine Schofield Sezgin, ARCA Blog Editor-in-Chief

The news of the death of Osama bin Laden and his burial at sea prompted a curiosity about any relationship between terrorism and the trafficking of antiquities. "Googling" the subject found interesting "fragments" of information supporting the overall perception that the smuggling of antiquities (and precious gems) does fund terrorism:
The blog, Stolen Vermeer, has a very elaborate discussion about Osama bin Laden, the operation that succeeded in tracking him down and killing him, and includes some graphic photos not recommended for all audiences. The author, "Turbo Paul", was featured as a highly-charged character in Rebecca Dreyfus' 2009 documentary, Stolen, about the 1990 theft of the Isabella Stewart Gardner Museum. 
The Art Newspaper reported in January 2010 that "9/11 hijacker attempted to sell Afghan loot" to pay for lessons to fly an airplane. 
In 2008, the Associated Press reported that U.S. Marine Reserve Colonel Matthew Bogdanos said that the link between trafficking in antiquities and terrorism was "undeniable" and that looted objects from the National Museum in Baghdad helped to finance al Qaeda in Iraq.   
An earlier post from June 2001 in The Art Newspaper, prior to the September bombing of American planes and targets, specifically identifies the types of objects that may have been involved in funding terrorist activities. 
In a rather poignant article by Wall Street Reporters Daniel Pearl (kidnapped and beheaded by Al Quaeda in February 2002) and Robert Block titled "Underground Trade: Much-Smuggled Gem Called Tanzanite Helps Bin Laden Supporters" in which a Tanzanian government official is quoted as saying that the "smuggling of rough stones" "through Kenya to the bazaars of the Middle East" "are connected to Osama bin Laden."
For more information about the reaction to the death of al Qaeda leader Osama bin Laden, you may read about it on the front page of the Los Angeles Times or online here as reported from New York by Geraldine Baum, Nathaniel Popper, and Tina Susman, my former colleague at The Daily Aztec at San Diego State University.

ARCA 2010 Alum: Lauren Toleikis

Lauren Toleikis
by Catherine Schofield Sezgin, ARCA Blog  Editor-in-Chief

ARCA Blog: Lauren, how did you become interested in art crime? What did you learn during the program that surprised you?
Ms. Toleikis: I came from Canada to London to do a masters degree in Art History and Business at Sotheby's Institute. My thesis focused on restitution policies in the United Kingdom, the United States and Russia. Through research and interviews I became highly interested in art restitution. I began to work in a modern British art gallery and continued to read art market related cases, becoming interested in theft and forgery. A family friend recommended I take the postgraduate program at ARCA. The course enabled us to be taught by experts in each of the fields including policing, law, insurance, security, criminology and members of the art trade. I was impressed with how many professional branches are involved in art crime related cases. This is a unique field where numerous expertise are required. Living and learning in Amelia was a great exposure into true Italian culture.
ARCA Blog: What was your field of study?
Ms. Toleikis: For my thesis at ARCA, I focused on theft from national heritage homes within the United Kingdom. Burglaries are an issue with numerous heritage homes in the UK. I combined data based upon the type of entry and what was stolen from the heritage homes in conjunction with prosecution rates within the English legal system. Building on previous cases I analyzed approach of the current legal system in regards to burglary. Notorious groups such as the Johnson family, a group of travelers, targeted heritage homes throughout the country for years prior to being apprehended and charged. Although there has been a recent rise in theft of porcelain, collections of sliver and other antiques have been targeted as well. In 2005 a large Henry Moore statue was taken, garden architecture is also targeted as it does not involve entering the house. While it may appear that items taken consist of primarily small works this is not the case as seen in the theft of a Henry Moore statue in 2005.
ARCA Blog: You are currently working in an art gallery and a law office in London. After completing the program, how so you view these jobs differently?
Ms. Toleikis: In regards to the gallery, since the course I have become much more aware of the prints and paintings we handle. We complete provenance research for our clients and while many of the paintings may have had only one previous owner prior to the artist, it is important to have this information available for our clients. As we acquire a number of works through auction it is important that we complete our own analysis of the work prior to bidding. In Autumn last year (2010) we had an exhibition of one of our artists work that was outside the gallery, in a different location within London. One night, someone broke in and took some of the paintings. As a result we put the works up on the Art Loss register. It is important to remember that while the painting removed may not be a Picasso or a Van Gogh, all forms of art can be a target for thieves. When working in a gallery it is important to document all the work, even a simple photograph, size and title of the work will help in locating the work in the future.
For the legal office, I work for a barrister completing research on art related cases of Nazi looted theft and restitution. I have also helped in writing and reviewing books in both legal and non legal related fields. Working for the legal office in art related claims is an amazing opportunity as I am able to combine my interest in restitution policies and long term loan programs for museums and other institutions, while furthering my knowledge through legal cases.
ARCA blog: The gallery you work for attends numerous national and international art fairs, is art crime an issue at these fairs?
Ms. Toleikis: All fairs, whether national or international are vetted prior to the opening of the fair. The art in each of the stands is examined by a panel. If there are any questionable pieces of art the galleries are asked to remove the work from the fair. They are then able to handle issues of looted or fake work within their company. It is rare that a gallery would allow this to happen as it would project them in a bad light. In larger international fairs such as TEFAF, where there are paintings, antiques and jewellery theft can be an issue. In 2008 a group of people entered the fair and tried on jewellery. They then came back the next day and stole a large amount of it. While security is on hand at art fairs, there are often so many people coming through that it is difficult to regulate each individual.
ARCA Blog: What is next for you in the field of art crime?
Ms. Toleikis: Upon completing my law degree I hope to move towards working with restitution based cases or ownership disputes. I am interested in helping establish long-term loan agreements or other forms of compensation for ownership. I also hope to expand my knowledge to help smaller institutions as well such as galleries and local museums to provide a system of how to handle or what to do when legal claims are brought against an institution whether it be copy right issues, damage or theft.

April 30, 2011

Saturday, April 30, 2011 - No comments

"Blogging Now and Then (250 Years Ago)": Harvard's Robert Darnton Lectured at The Getty Center on 18th Century Anecdotes and Their Links from the Secret History of Politics to Literature, Blogging and Graffiti

The Talking Statue of Rome
by Catherine Schofield Sezgin, Editor-in-Chief

In 18th century Britain, “paragraph men” visited coffee houses in London picking up anecdotes and news behaved like today’s bloggers trolling the Internet who recycle material from other blogs.

“Paragraph men” collected scandalous gossip about public figures on pieces of paper that they would take to the printing shop, either for a fee or to promote themselves, and published scandal sheets about the sex lives of famous people. The only way to defend against these ‘scandal mongers,’ who earned nicknames like “Bruiser” and “Viper”, was to resort to physical fights.

In France, defying the censors, newsmongers (nouvellistes de bouche) sought information from gatherings at special benches in the Tuileries or Luxembourg Gardens or under the tree of Cracow in the Palais-Royal, then transfer these oral “anecdotes” to written snippets of gossip that would later be printed in newspapers published outside of France but circulated within the country. Since the entire process was illegal, those mentioned as the subjects of gossip had no recourse in the courts for ‘libel’ but also engaged in combat with the writers, including, once, France’s greatest poet, Voltaire.

Historian Robert Darnton shared this information Thursday night at The Getty Center in his talk, “Blogging Now and Then (250 Years Ago)”, in a lecture that complimented the new exhibit, “Paris: Life and Luxury in the 18th century” which opened April 26 at The Getty Center in Brentwood.

Robert Darnton, Carl H. Pforzheimer University Professor and director of the University Library at Harvard University, examined, according to the J. Paul Getty Museum’s website, “how anecdotes, dispensed by ‘newsmongers’ and ‘paragraph men’, became a staple in the daily diet of news consumed by readers in 18th-century France and England. Anecdotes were also pilfered, reworked, and served up in books. By tracking anecdotes through texts, we can reassess a rich strain of history and literature.”

“We are living through a revolution ever bit as big as the time of Gutenberg,” Dr. Darnton told his audience after an introduction that identified him as the “rock star” of scholars in 18th century literary and cultural history and the author of numerous prize-wining books in European history.

“It’s uncomfortable,” he said. He said that this deluge of information sometimes created a need for readers to make sense of it all, but he said that there is a “fragmentary characteristic of information in general.”

Websites such as The Drudge Report and The Huffington Post collect stories of scandal and gossip mongering that is “not so trivial”, Darnton said. He quoted Stendhal’s opinion about collecting anecdotes and said that the mania for anecdotes was essential in the 18th century.

Dr. Darnton showed a photo of The Talking Statue of Rome, an ancient Roman sculpture nicknamed Pasquino, often covered by poems about the scandalous behavior of cardinals in the 16th century, and used through the ages, including the student uprisings in 1968, and from where “many current graffiti descends.”

“Information comes in fragments and inked in niches in the surrounding environment,” Dr. Darnton said.

Just as modern bloggers recycle material from other blogs, the scandalous gazettes repeated information. Snippets of information about the sexual or private lives of politicians were treated much like the tweets of today.

“However, 21st century blogs are not the same as 18th century anecdotes,” Dr. Darnton said. “I will point out the differences to understand information, how tidbits circulate, and peculiar to time and place.”

Blogs undercut revenue from newspapers, reducing jobs in journalism by 16,000 in 2008, according to Dr. Darnton. Online news is short and you can begin blogging effortlessly. Readers seek out aggregating websites like The Huffington Post that through searches “comb” websites for information. This marginal reporting is comparable to ‘hack writing’ in the 18th century.

“Ancedotes in the 18th century were seen as ‘true’ and ‘secret’, ‘suppressed’ by the king,” Dr. Darnton said. But anecdotes were also gathered by Byzantine historian Procopius whose “Secret History, The Anekdota” detailed the sordid and private lives of the court of Emperor Justinian and his wife Theodora.

Other anecdotes were copied into books such as the English translation of “The Private Life of Lewis XV” owned by George Washington who, alas, Dr. Darnton said, did not leave any notes in the margins of his copy.

Dr. Darnton said, “Anecdotes were the secret history, the underground literature, understood to be half truths.”

These “scraps of paper” which were the “echo of public noises” transferred information from the oral system to writing and then to print. They have been found at the Bastille and were collected and pasted into journals, assembled in chronological order, and sold underground as books.

Dr. Darnton suggests rethinking literature based upon the ‘fragmentary nature of information” and “how it is re-worked.”

“Don’t dismiss gossip as trivial,” he said. “Oral transmittal of news was terribly important.” Even the police compiled a gazette by gathering these anecdotes through thousands of spies. Some salons such as Madame Doublet’s met regularly to “cobble together” these anecdotes to make money, and these books by anonymous writers have disappeared from literary history, according to Dr. Darnton.

Someone from the audience asked Dr. Darnton if these anecdotes were used for political change and lead to the French Revolution.

“It’s similar to Egypt or Libya today,” Dr. Darnton responded. “No one foresaw the revolution.” People knew many anecdotes revealing the private lives of the aristocrats, including a coffee spilling incident where the King of France’s mistresses spoke to him as if he were nothing more than a servant, and the accumulated effect of repetition “builds up mythology”.

“Bastille only had seven people imprisoned on the day it was stormed,” Dr. Darnton said. “But in 1778/1789 it was all about the perception of events.”

April 29, 2011

Q&A with Quebec's first art crime enforcement unit

(Left to Right) Quebec's art crime team:
Jean-François Talbot, Alain Gaulin,
 Alan Dumouchel and Sylvie Dubuc
by Catherine Schofield Sezgin, Editor-in-Chief

In 2008, the Sureté du Québec, in collaboration with the Royal Canadian Mounted Police created Canada’s first national art crime enforcement unit now consisting of Jean-François Talbot, Sergeant Alain Dumouchel (both of the Sûreté du Québec) and Sylvie Dubuc, RCMP, and Sergent Superviseur Alain Gaulin (Sûreté du Québec).

Beginning in 2003, Jean-François Talbot worked for four years with Alain Lacoursière, an art historian and now-retired Montreal police officer, to develop a new investigative art crime team and Art Alert, an email bulletin sent out to 25,000 members of the art and police communities in 75 countries whenever artworks in Canada are reported stolen. In the four-year partnership between the SQ and Montreal’s city police, the Service de police de la Ville de Montréal (SPVM), between 2004 and 2008, the two forces investigated 450 art crime files, made 20 arrests, seized over 150 stolen or forged artworks valued at $2 million, and worked with Interpol on international files.

Canada has been a member of Interpol, the world’s largest international police organization, for more than 60 years and through their database is connected to 187 Interpol member countries.

The art crime team, a group within the investigative department of economic crimes, also examines forged artworks, money laundering, theft, and the sale of stolen goods. The RCMP–Sûreté du Québec team members combine strong backgrounds in art history, law, fraud, and copyright issues. The art squad, with three members from Sureté du Québec and another from the RCMP, in collaboration with the local police in Montreal, recently arrested two suspects using credit cards obtained under false identities to purchase works of art (Robert Bernier, “Art Alert”, iParcours)). They entered into agreements to pay for the art in installments. They paid the first payment by credit card, took the art, and did not pay the balance owed. Between July and November in 2010, the suspects approached seven galleries and from five of those negotiated the sale of 34 works totaling $245,000. The suspects were charged with fraud and fraudulent use of credit cards.

Statistics in art-crime related activities in Canada and Quebec are difficult to quantify as they are listed for each country, and many art thefts are classified as ‘property’ theft by local jurisdictions. The art crime investigative unit estimates that they handle an average of 90 cases annually.

Q: Who are the members of the art crime team and how were they selected?
A: Sergent Enquêteur Jean-François Talbot (Sûreté du Québec) travaillait avec Alain Lacoursière lors de la création de l’équipe d’enquêteur. Il compte 12 ans d’expérience. Il termine une formation universitaire en Histoire de l’art./Sergent Investigator Jean-François Talbot (Sûreté du Québec) worked with Alain Lacoursière in establishing the art crime investigation team. He has twelve years of experience. He is completing his university training art history. 
Sergent Enquêteur Alain Dumouchel (Sûreté du Québec) compte près de 25 ans d’expérience , dont 6 ans en enquête criminelle. Il est inscrit à une formation universitaire en Histoire de l’art./ Sergeant Investigator Alain Dumouchel (SQ) has nearly 25 years experience, including 6 years in criminal investigation. He is studying for a university degree in Art History. 
Gendarme Sylvie Dubuc (Gendarmerie Royale du Canada) compte plus de 25 ans d’expérience, dont 8 ans en droit d’auteur./Constable Sylvie Dubuc (Royal Canadian Mounted Police) has over 25 years experience, including 8 years in copyright investigation. 
Sergent Superviseur Alain Gaulin (Sûreté du Québec) est le responsable de l’équipe. Il compte plus de 20 ans d’expérience policière./ Supervisor Sergeant Alain Gaulin (SQ) is the team leader. He has over 20 years of police experience.
Q: How big of a problem is art crime in Canada?
A: Il est impossible de se prononcer pour le Canada, l’équipe travaille exclusivement au Québec. La quantité de dossier d’enquête est en nombre croissant depuis la creation de l’équipe./It is impossible answer that question with respect to all of Canada, since the team works exclusively in Quebec. The number of investigations has increased since the creation of the team.
Q: Does the Port of Montreal increase the amount of illegal art traffic you police?
A: Le Port de Montréal est un endroit ciblé par plusieurs organizations criminelles pour faire le traffic de marchandise. Les oeuvres d’arts n’y échappent pas./The Port of Montreal is targeted by several criminal organizations for the trafficking of goods. Artworks are no exception.
Q: How would you describe your working relationship with INTERPOL and US Customs? Do you find that stolen art in Canada leaves the country? Is working with other international agencies important to the success of Canada’s art crime unit?
A: Nous avons une excellente collaboration avec les responsables d’Interpol à Ottawa. Nous consultons régulièrement leur banque de données pour completer nos dossiers. Nous avons fais des rencontres avec des enquêteurs des pays suivants: France: Office Centrale de la lutte des biens culturels; Belgique: Police Judiciaire Fédérale (Oeuvre d’art et Antiquité); États-Unis: F.B.I. & Secret Service. La collaboration avec les autres agences internationales est primordiale pour nous et permet d’obtenir des résultats dans nos enquêtes./We have excellent cooperation with Interpol officials in Ottawa. We regularly consult their database to complete our records. We have met with investigators from the following countries: France (Central Office for the Protection of Cultural Property); Belgium (Federal Judicial Police in Artwork and Antiquities); and the U.S. (F.B.I. and the Secret Service). Collaboration with other international agencies is of the utmost importance to us and can produce results in our investigations.
Q: What is the biggest challenge Quebec’s art crime team faces in recovering a stolen work of art?
A: Le plus grand défi réside dans la rapidité de notre intervention permettant la récupération des oeuvres volées./The biggest challenge is how quickly we can act to recover the stolen art.
Q: Describe an average day for Quebec’s art crime team.
A: Il est difficile de décrire une journée type. Les événements imprévus viennent souvent changer notre planification. En plus des tâches usuels de notre travail d’enquêteur, il y a les rencontres des divers propriétaires de galerie et autres personnes relies au milieu de l’art de la province permettant d’établir des contacts./It is difficult to describe a typical day.  Unexpected events often modify our planning. In addition to the usual tasks related to our investigative work, there are various meetings of gallery owners and others connected to the province's art scene in order to establish contacts.
Q: Please tell us about the development of Art Alert and how it works today.
A: Le courriel Art Alert a été crée en 2005. C’est un outil de travail fort utile pour nous. Il rejoint de plus en plus de monde au Canada et ailleurs. On recoit régulièrement des demandes du public demandant à être abonné./The e-mail Alert Art was founded in 2005 and is a very useful tool for us. We are reaching more and more people in Canada and elsewhere. We regularly receive requests from the public asking to be subscribed to Art Alert.
Q: What piece of advice would you offer to individuals interested in pursuing a career in art crime investigation?
A: Pour devenir enquêteur en oeuvre d’art au Québec, il faut être policier d’un service de police. Une formation en histoire de l’art ou autre domaine connexe est un atout./To become an art crime investigator in Quebec, you must employed as a police officer. A background in art history or related field is desirable.
Q: What would you most like to see the Quebec’s art crime team achieve in the next five years?
A: Depuis la formation de l’équipe, la charge de travail ne cesse d’augmenter, l’ajout d’enquêteur confirmerait la réussite de notre équipe. La reconnaissance par le milieu de l’art au Québec de la nécéssité de cette équipe est un autre objectif. /Since the formation of the team, the workload is increasing, and to add investigators would help the success of our team. Recognition by the Quebec art community of the necessity for this team is another goal.
Readers may request a subscription to Quebec's Art Alert by sending an email to: art.alerte@surete.qc.ca

This article has been posted here with the permission of ARCA's Journal of Art Crime which will publish this article in it's Spring/Summer 2011 issue.  You may subscribe to the Journal of Art Crime through ARCA's website here.

April 28, 2011

Thursday, April 28, 2011 - No comments

Forging News (Part four): The News Media's Misrepresentation of the Art Criminal

by Katherine Ogden, ARCA Class Alum 2009

Where Do We Go From Here?

All of this discussion brings us back to our original quandary - how does the way in which the news media presents art crime criminals affect art crime as a whole? The main thing we need to begin to focus on is the fact that there is little to no representational of real art crime criminals in the news media. This is a problem because the news media is allowing, and in some cases encouraging, the idea of the sexy/glamorous art thief, the Thomas Crown or Dr. No character, which is not the reality. Art crimes are committed by all sorts of people, and excepting a few examples the majority of known art crime criminals are not the attractive, glamorous types from the movies. These crime criminals are the people that you avoid in bars and teach your kids not to talk to on the streets. More and more the link between art crime and organized crime is being strengthened which only makes the need to understand and accurately report on art crime that much more important.

Joseph Wiseman as "Dr. Julius No"
 in the 1962 James Bond movie "Dr. No"
Additionally, only when the professionals associated with art crime begin to understand that it is a larger problem than a millionaire missing a pretty picture or a museum missing a sculpture will law enforcement accurately file reports on art crime and ultimately realize that art crime has been funding such universally deplorable crimes as arms trade, drug trade and organized crime. One of the best ways to accomplish this would be for news media outlets to begin to report on the actual criminals behind these crimes and the subsequent sentencing of these criminals. Once the faces of these ordinary criminals are put in the public arena, the illusion of the sexy art crime criminal can begin to be destroyed, and then the public can understand that art crime needs to be taken just as seriously as other crimes.

Finally if Connor were to rob a bank tomorrow for 1.1 million dollars, every news media outlet in the United States and quite possibly in the entire world would broadcast his picture. So why is it the case that if he were to steal a Vermeer worth more than 1.1 million dollars no one would see his face? That is where the problem lies, and it is only through efforts by the media and art professions to put a “face” on art crime criminals that we will see a more realistic view of the individuals who take part in such crimes.

Bibliography:
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26-January.

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Harvey, Oliver. "Tiaras to balaclavas." 10 January 2009. The Sun. 24 November 2009 .


Harvey, Oliver. "Rose Dugdale." Photo. The Sun. 10 January 2009. 24 November 2009.


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Knox, Sanka. "Museum Gets Rembrandt for 2.3 Million." The New York Times 16 November 
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Lavery, Brian. "ARTS ABROAD; A Mansion Attracts Art Lovers; Thieves Love It, Too." The 
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Pancevski, Roger Boyes and Bojan. £40m salt cellar thief is caught by a cocky text. 8 September 
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Thursday, April 28, 2011 - , No comments

Forging News (Part three of four): The News Media's Misrepresentation of the Art Criminal

by Katherine Ogden, ARCA Alum 2009

A Face That Only a Mother Could Love?

When publishing an article on a stolen painting who is the victim? While understanding that there is always victim when it comes to art crime in the form of a museum, a gallery, or an unnamed collector, not to mention the fact that that priceless piece of culture is forever taken away from the general public; there is usually a lack of a face. Should the news media outlets focus on the artist, who is obviously a victim since their piece has been taken? Should the news media focus on the collector(s)? Or should the news media focus on the fact that the world is the victim for the loss of a cultural artifact?

This perplexing situation shows the problem with reporting art crime; a faceless victim represents its target. Perhaps it is because of this that news media outlets have a problem reporting on these stories, they lack the perspective that the media usually thrive upon. In the case of art crime, they are unable to get a picture of the grieving mother asking for her child back from kidnappers, because in this case the owner of the lost work wishes to not be named or photographed to protect not only their identity, but more importantly the rest of their collection. This highlights the fear that most institutions and private owners have - once stolen from they do not want to publicize the theft in order to protect their reputation and the rest of their collection. If a theft occurs it outlines a weak link in that institution’s security, a fact better kept unpublicized. Furthermore, without a face of a victim there lacks the ability to create a gripping dichotomy between a visual representation of the victim and criminal.

The faceless nature of art crime is what leads to its under-representation as a crime. How can you report on art crime if you cannot picture the face of a victim, a criminal or even an investigator? One of the leading art investigators in the world, the now retired United States FBI agent Robert Wittman, credits much of his success in recovery largely on his ability to blend into any situation and assume different personas (Worrall). It is because of this that it is impossible to find a picture of his face (Worrall). By creating this faceless persona while continuing to broadcast the cases of recovery that he has worked on, Agent Wittman is unwittingly assisting news media outlets in creating a view of art crime as fascinating and mysterious.
Charley Hill

On the other hand, one cannot mention Agent Wittman without mentioning his British counterpart, Charley Hill. Prior to his retirement to the private sector, Detective Hill was one of the most successful detectives in the Art and Antiquities unit of Scotland Yard (Cole, Art Detective Charles Hill). The main quality that differentiates Detective Hill from Agent Wittman is that you can easily find pictures of Detective Hill with a quick internet search.

So how does Detective Hill succeed in catching criminals? Through a seemingly endless supply of disguises and accents. It seems as though the faceless nature of the art investigator has the capacity to be both good and bad, but in the case of Detective Hill, good. When criminals are not able to pinpoint the “look” of an art investigator, the investigators are able to transform themselves just enough to garner minimal suspicion. In one well-known case Detective Hill posed as a curator from the Getty Museum in California and brokered a deal for the purchase of Edvard Munch’s The Scream, which had been stolen from the National Gallery in Oslo (Cole, Art Detective Charles Hill). The success of this recovery and countless others leads one to believe that perhaps it is best if the face of the art investigator maintains an air of illusion, as it is quite common in all crime reporting to not see the face of the investigator. This should also serve to strengthen the need for public display of the criminals responsible for these crimes, the more the criminals are put in front of the public, the faster the illusion of the sexy criminal will erode.

Sexy Art Crime: Fact or Fiction?

No discussion of the representation of the art crime criminal is complete without a look at an actual art crime criminal. What do art crime criminals look like if they do not look like the representations seen in print, movies and on television shows? Every season there is a new television show that focuses on heists, if art crime criminals aren’t well-dressed, educated, and cultured people then who are they? In order to answer this we could look at a wide range of convicted art crime criminals, we could start with Rose Dugdale the former debutante turned IRA sympathizer who robbed the Russborough House in Ireland, or we could look at Robert Mang, an alarm specialist turned thief who decided that since he could he should steal the Cellini salt cellar from Vienna’s Art History Museum just because he felt like it (TIME, IRELAND: Renegade Debutante)(Pancevski). For the purpose of our discussions we will focus on Myles J. Connor Jr., a media darling in the regional papers around Boston, and a self professed and convicted art crime criminal (Connor). [Read a 2009 article on Rose Dugdale "Tiaras to balaclavas" in The Sun here]

Myles J. Connor, Jr.
The things we need to know about Connor for this discussion are as follows: while only convicted of a handful of robberies, in his autobiography Connor admits to robbing other institutions, though he will not name the institutions nor the items he stole (Connor). He has admitted to shooting a cop, worked with the mob in the Boston area, frequently brought weapons along on heists, was convicted of robbing banks and used artwork to procure his first shipment of drugs that he intended to sell in order to get the piece of artwork back (Connor). Connor freely admits to all the above in his autobiography, and yet he is still not an instantly recognizable bad guy in the face of art crime. Returning to the group of sixteen peers mentioned earlier, they were all shown a photograph of this man, and not one person could identify him. This is why a faceless criminal is detrimental to art crime. In order for art crime to be taken as seriously as it should, the general public needs to understand that convicted felons like Connor are committing the thefts, not fictional photogenic characters. Until this bias can be corrected art crime will continue to be seen as a frivolous crime in the eyes of the general public, the news media, law enforcement, and other industry experts.