Blog Subscription via Follow.it

February 8, 2011

The Journal of Art Crime: Columnist Donn Zaretsky on "Art Law and Policy"

Photo:
Lucas Cranach the Elder
"Adam" and "Eve"
The Norton Simon Museum, Pasadena, CA

In his column in The Journal of Art Crime, “Art Law and Policy”, attorney Donn Zaretsky continues the discussion on the case, Von Saher v. Norton Simon Museum of Art at Pasadena, 578 F.3d 1016 (9th Cir. 2009) with California’s passage of Assembly bill 2765 which extended the limitations period for stolen art claims from three to six years from discovery and clarifies that “discovery” means actual discovery.

Donn Zaretsky is an art law specialist at the firm John Silberman Associates. Zaretsky publishes the Art Law Blog at http://theartlawblog.blogspot.com/.

To seek out this piece, and many others, consider a subscription to the Journal of Art Crime—the first peer-reviewed academic journal covering art and heritage crime. ARCA publishes two volumes annually in the Spring and Fall. Individual, Institutional, electronic and printed versions are all available, with subscriptions as low as 30 Euros. All proceeds go to ARCA's nonprofit research and education initiatives. Please see the publications page for more information.

February 7, 2011

The Journal of Art Crime: Editor-in-Chief and Columnist Noah Charney on "Lessons from the History of Art Crime

Photo by Urska Charney

In his column, "Lessons from the History of Art Crime", Editor-in-Chief Noah Charney examines the methods of authentication under the title "The Art World Wants to Be Deceived: Issues in Authentication and Inauthentication" in the fourth issue of The Journal of Art Crime.

Professor Charney writes about the three ways to authenticate art: connoisseurship, scientific analysis, and provenance. Although connoisseurship used to be the primary method of authenticating art, Charney writes, the new phenomenon of scientific analysis can be used by shade characters in shining armor. Provenance, the documented history of an object, has been on the rise in the past two decades but it relies on historical documents that rarely survive intact over the centuries. In the end, Charney recommends some combination of scientific analysis and provenance provides the strongest argument for authenticity, although the art world still relies on expertise which is still unregulated.

Noah Charney is the Founder and President of ARCA. Recently a Visiting Lecturer at Yale University, he is currently Adjunct Professor of Art History at the American University of Rome. He is the editor of ARCA's first book, Art & Crime: Exploring the Dark Side of the Art World (Praeger 2009).

To seek out this piece, and many others, consider a subscription to the Journal of Art Crime—the first peer-reviewed academic journal covering art and heritage crime. ARCA publishes two volumes annually in the Spring and Fall. Individual, Institutional, electronic and printed versions are all available, with subscriptions as low as 30 Euros. All proceeds go to ARCA's nonprofit research and education initiatives. Please see the publications page for more information.

February 6, 2011

The Detroit Institute of Arts' exhibit, "Fakes, Forgeries, and Mysteries", Posts Videos on YouTube to Augment Its Painting and Sculpture Exhibit

by Catherine Schofield Sezgin

The Detroit Institute of Arts' "Fakes, Forgeries, and Mysteries" spotlights museum assets of questionable authenticity and provenance. The ARCA blog gives you links to the exhibition's videos on YouTube, the media coverage, and an interview with the show's curator.

The museum posts riveting weekly videos on YouTube elaborating on work behind the exhibition. In the first video, DIA’s Director Graham W. J. Beal introduces the exhibit’s curator, Associate Curator of European Paintings Salvador Salort-Pons, who he says has special archival research skills, and the museum’s science lab -- one of the few in the country -- run by a research scientist who provides information about materials used in art.

In the second video, “Portrait of a Young Woman” discusses a painting brought into the collection in 1936 that was once exhibited in a Leonardo da Vinci exhibit and when recently examined by x-ray was shown to have pigments of zinc and chromium which were not available until the 19th century.

The third video, "Rembrandt's Son", shows the analysis of “Titus,” a 19th century Rembrandt forgery who’s canvas weave seen through x-ray showed a 19th century manufactured quality.

The fourth video is about "The Head of a King", once considered an ancient artifact and now clearly re-labeled as a 20th century copy.

In CNN’s online article by Laura Allsop, "Spot the fake: The art world's pricey problem with forgery," Noah Charney, ARCA’s founder and President, explains that forgers are frustrated or thwarted artists:
"Most of them that we know of were initially trying to be artists themselves, their original creative works were dismissed at some point in the early part of their career."
"So the primary motivation for most art forgers really is sort of passive-aggressive revenge, with financial motivation taking a very much secondary role," he continued.
While most forgers are artists, he said, some are art conservators too, so they are skilled at getting around the scientific techniques used to verify an artwork. And not only do they produce counterfeit artworks; they can also produce convincing counterfeit documents verifying their bogus works. With these skills, forgers and forgeries can sometimes go undetected for years, making it difficult to say whether or not the numbers of forgeries are rising.
The New York Times reported in an article by Eve M. Kahn, “Keeping It Real: A Show Made of Fakes”, when the exhibit opened with examples of the institution's misattributions:
“An English country-road scene with a fake Monet signature is now known to be the work of the landscape painter Alfred East. A granite head of an Egyptian king has turned out to be a Berlin carver’s 1920s handiwork. An ebony table thought to have belonged to the Medicis is actually an 1840s Florentine copy.”
Writer Emily Sharpe reviews the exhibit for The Art Newspaper and reports on how art- historical research solved the "mystery" of the misattributed Monet.

On her blog, Real Clear Arts, for the Art Journal, columnist Judith H. Dobrzynski reviews the exhibit from afar, provides insightful commentary and links to local coverage of the exhibit.

The Seattle Times provides coverage of the exhibit by David Runk of the Associated Press in the article "Detroit museum exhibit to examine fakes, forgeries" which discusses the history of "Still Life with Carnations" once hoped to be a painting by Vincent van Gogh.

Via email, curator Dr. Salvador Salort-Pons responded to a few questions posed by the ARCA blog.
ARCA blog: Dr. Salort-Pons, the director of DIA said in the first video that you have special archival research skills. Could you elaborate on the kind of work you do in authenticating or discrediting these artworks?
Dr. Salort-Pons: More than authenticate or discredit a work of art, a curator tries to understand its true nature. We attempt to answer questions such as: What is it? When and how it was created? Who did it? What does it represent? Why is it important in an art historical context? Who owned it in the past? In the process of answering these questions and others we may find new information that reveal that the work we are investigating is not what we thought it was 50 or 100 years ago. I am continuously updating and revising the information about the DIA’s painting collection. It is part of my job.

There are, in my opinion, at least three approaches (curator, conservator and scientist) when we investigate a work of art. The curator’s approach includes two types of work: 1. The art historical research, which is the work performed in archives and libraries and it is oriented to find historical and scholarly documentation related to the artwork. 2. The connoisseurship research, which is based on the curators experience in looking at works of art especially in the flesh but also through photographs. It is, many times, an intuitive approach and it requires some degree of a natural sensibility and a trained eye. In short, a work of art speaks to a connoisseur in terms of style, authorship, authenticity, et cetera. The other two approaches relate to the work of conservators and scientists. They perform different tests on the artwork in order to understand its physical characteristics, construction, and elemental composition of materials among other things. When researching a work of art in depth the inputs of the curator, conservator and scientist are equally important.
ARCA blog: This exhibit shows the museum audience the process of research and authentication. In the past some museums have hidden fakes and forgeries, or misattributions, in storage and refused to elaborate about the process. What kind of response have you received from curators at other institutions?
Dr. Salort-Pons: The response has been highly positive from my colleagues. In the past there was some concern that the discovery and publication of a forgery in a collection might damage the reputation of a museum. As one of my colleagues emailed me recently “Times have changed, and we are all more enlightened about these things now”. Just look back into history and see that the great accomplishments in any field have been achieved through intelligent hard-work that involved good decisions but also some errors. Nobody can dispute that the DIA possesses one of the best art collections in North America and that it is a world-class museum. Yes, after 125 of acquiring art extremely well we transparently acknowledge that we have made some mistakes and that it is part of the process of the DIA’s successful collecting history. Our fakes and forgeries -- some of them connected to fascinating stories -- are just a microscopic fraction of the overall museum’s holdings. The DIA’s worldwide known masterpieces are permanently installed in the galleries.
ARCA blog: Do you think this exhibit has any kind of influence on the type of paintings that might be donated by supporters? Have you or your museum been concerned about any kind of resistance from contributors?
Dr. Salort-Pons: I would answer “no” to both questions. Some of our forgeries are quite sophisticated and came to the DIA when technologies and art historical knowledge were not as advanced as they are today. The DIA is a highly professional institution that includes a group of outstanding curators, conservators and scientists. We have the art historical expertise, and we are equipped with one of the best conservation labs in the country. Furthermore, our collection committee follow clear and strict guidelines that guarantee, among other things, that any artwork accessioned is of high quality and of interest for the DIA as well as, of course, authentic. I believe that supporters and contributors of our museum are aware of this. Fakes, Forgeries and Mysteries is a good example of how competent the DIA's staff is and that our museum is a top institution in terms research and technology.
Detroit Institute of Arts' exhibit, Fakes, Forgeries, and Mysteries, is open through April 10, 2011. It's an excellent reason to visit Detroit. However, a friend of mine recently visited the museum and said, after reading about the exhibit, that she would like to return to see Fakes, Forgeries and Mysteries but admitted that in numerous trips to the DIA over two months, she found the main collection so interesting that she hadn't left time for the special exhibits. So it seems that Dr. Salort-Pons is correct, an exhibit in the museum admitting to the uncertainty in the art market won't diminish museum revenues.

February 5, 2011

Saturday, February 05, 2011 - ,, No comments

An Update on Egypt

Zahi Hawass argues today that the "Sphinx is sad"
More details are emerging from Egypt, and they are often conflicting. Some firsthand reports of the situation last weekend are emerging, as members of foreign archaeological teams return home. Lee Rosenbaum has been forwarded a firsthand account from a French archaeologist that describes looting last weekend.

Larry Rothfield notes that the report would suggest a much quicker response than the U.S. military was able to muster in Iraq:


It is notable that robbers began appearing very soon after the police abandoned their posts; that the military response at first was to make a show of force with a tank, but that that was inadequate to cow the looters; that the army did a good job protecting the Museum and magazines at Saqqara; and that the sites were secured on the third day after the start of looting. All in all, that is not a bad record. Let's remember that it took the US military six days to get around to arriving at the Iraq Museum to secure it, that almost nothing was ever done by the US military to protect Iraq's archaeological sites, and that as late as this fall, Iraq still had not reconstituted a functioning archaeological police, with only 50 out of 5,000 in place.
 Zahi Hawass is also providing regular updates on his blog. More after the jump.

February 4, 2011

The Journal of Art Crime: Columnist David Gill on 'Context Matters'

by Catherine Schofield Sezgin

In his column “Context Matters,” archaeologist David Gill writes of “Greece and the U. S.: Reviewing Cultural Property Agreements” of Greece’s 2010 formal request to the United States to impose “import restrictions on archaeological and ethnological material from Greece dating to the Neolithic Period through the mid-eighteenth century”.

Gill’s column also covers international looting news from the period from March 2010 through August 2010 in Egypt, Greece, Italy, Japan, Turkey, the United Kingdom, and the United States.

David Gill is Reader in Mediterranean Archaeology at Swansea University, Wales, UK. He is a former Rome Scholar at the British School at Rome and was a member of the Department of Antiquities at the Fitzwilliam Museum, University of Cambridge. He has published widely on archaeological ethics with Christopher Chippindale. His Sifting the Soil of Greece: The Early Years of the British School at Athens (1886-1919) is due to be published in March by the Institute of Classical Studies in London. He is a member of the editorial board for the Journal of Art Crime.

ARCA blog: Dr. Gill, some of our readers are not schooled in cultural property law, how would you explain to them the lay meaning of Greece's request to the U. S. to impose "import restrictions in archaeological and ethnological material from Greece"?
Dr. Gill: The US has been a signatory to the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970) since 1983. However this seems to have made little significant impact on the acquisition policies of public museums and private collectors (as the impact of the “Medici Conspiracy” has shown all too clearly). In the last few years the J. Paul Getty Museum returned a gold funerary wreath that appears to have been removed from an archaeological context in Macedonia, and the New York collector Shelby White handed back a bronze calyx-krater that also appears to come from northern Greece. There are reports in the Greek press that there is a claim on a number of Greek antiquities in a major U. S. university museum. The case of the Aidonia Treasure that appeared on the North American market drew attention to concerns about recent illicit activity on archaeological sites in Greece. The Greek authorities feel that a formal Memorandum of Understanding (MOU) would have an impact on the movement of recently-surfaced cultural objects.
ARCA blog: Why do you think that the agreement stops "through the mid-eighteenth century"? What was the political compromise here?
Dr. Gill: The requested agreement covers material from prehistoric times (Neolithic) right through to the period of the Turkokratia. The MOU statement made it clear that Greek authorities wished to protect post-Byzantine art and materials.
ARCA blog: Would you expect to see any practical changes in how museums or private individuals collect items from Greece? And what kind of items would be included in this agreement?
Dr. Gill: The “Medici Conspiracy” has delivered a wake-up call to major museums and private collectors in North America (and beyond). Museum curators, dealers and collectors can no longer turn a blind eye to the issue. The Association of Art Museum Directors (AAMD) has re-formulated its policy towards the acquisition of archaeological material, and established an online object registry. There needs to be a more rigorous due diligence process by those selling antiquities as well as those making purchases. Collecting histories (I prefer this to the misleading term “provenance” that is so carelessly used in art history circles—but that is another story) need to be carefully documented. The proposed MOU with Greece covers a range of works from Neolithic figurines to ecclesiastical icons.
To seek out this piece, and many others, consider a subscription to the Journal of Art Crime—the first peer-reviewed academic journal covering art and heritage crime. ARCA publishes two volumes annually in the Spring and Fall. Individual, Institutional, electronic and printed versions are all available, with subscriptions as low as 30 Euros. All proceeds go to ARCA's nonprofit research and education initiatives. Please see the publications page for more information.

Photo: Dr. Gill at Rhamnous in eastern Attica, Greece

February 3, 2011

Financial Times Reporter Interviews Benevolent Forger

Financial Times' columnist John Grapper
by Catherine Schofield Sezgin

In case you missed this interview by the Financial Times' chief business commentator, we're giving you the link here to "The forger's story" (January 21, 2011). John Gapper writes about Mark Landis who dressed up as a priest to donate paintings to art institutions.
"For nearly three decades, Landis has visited ­museums across the US in various guises and tried to donate paintings he has forged. As well as Father Scott, he has posed as “Steven Gardiner” among other aliases. He never asks for money, although museums have often hosted meals for him and made small gifts. His only stipulation is that he is donating in his parents’ names – often his actual father, ­Lieutenant Commander Arthur Landis Jr, a former US Navy officer.

Landis has been prolific and amazingly persistent. A few weeks before he came to Lafayette, “Father Scott” arrived at the Nelson-Atkins Museum of Art in Kansas City, Missouri, with a ­forgery of Head of a Sioux by Alfred Jacob Miller that he said he was giving in memory of his mother, “Helen Mitchell Scott”. Landis has so far offered copies of that work to five other museums. Yet in all this time, although curators speculate about his motives, no one has found out why he is doing it."
There's a paragraph mentioning the The New York Times that I read as a competitive -- and well-earned -- jab:
"The New York Times reported recently that Landis “seems to have disappeared altogether”, but it did not take long to locate him. After I had visited the Lauren Rogers museum, I drove the few blocks over to the apartment where his mother had lived, in a gated community for the elderly called Sugar Hill Resort."
John Gapper reports on why the forger sat down with him and talked about his family and his motivations. Fascinating story -- Mr. Gapper made me feel as if I too was meeting with the forger in an intimate talk. On his blog, Mr. Gapper continues with information he obtained after the interview with forger Mark Landis about where he purchased some of his materials. No, I won't be a spoiler, you have to go to Mr. Gapper's blog here, it's his story.

Photo: John Gapper.

Profile: ARCA Lecturer Edgar Tijhuis on Transnational Crime, Organized Crime and Illicit Art and Antiquities


by Catherine Schofield Sezgin

Edgar Tijhuis, lawyer and assistant-professor of Criminology at the VU University in Amsterdam, in The Netherlands, will return to Amelia for the third year to teach “Criminology, Art, and Transnational Organized Crime” for ARCA’s Postgraduate Program in International Art Crime and Cultural Property Protection Studies.

Tijhuis, the author of Transnational Crime and the Interface between Legal and Illegal Actors – The Case of the Illicit Art and Antiquities Trade (Nijmegen, Wolf Legal Publishers, 2006), published a chapter in Art & Crime: Exploring the Dark Side of the Art World (Praeger, 2009), “Who Is Stealing All Those Paintings?” He is also associated with the Netherlands Institute for the Study of Crime and Law Enforcement in Amsterdam.

ARCA blog: Professor Tijhuis, your essay in Art & Crime makes the point, as Noah Charney wrote in a long footnote, “that most experts are going on hearsay from police about Organized Crime and art crime, with relatively little empirical data and evidence beyond the word of police, undercover agents, and criminals.” Since publishing this article in 2009, do you think that anything had changed? Have you seen any data that would support the level of activity of Organized Crime in the illicit and antiquities trade?
Professor Tijhuis: It is difficult to answer this question briefly. To be sure, I did not mean to say that “organized crime” is not involved in crimes related to art. The point is that general claims of this involvement do not seem to be based on firm empirical data. In fact, “art crime” consists of all kinds of rather different types of (criminal) activity, in uncountable places around the world. With some specific types of art crime, one can clearly see an “organized” character, with others there does not seem to be any organization at all and with many we simply do not know or we see all kind of different ways of organizing these crimes. To make it even more complex, an ongoing debate among criminologists focuses on the whole concept of “organized crime”. Do we actually focus on actors (organizations) or activities?
At this moment different studies try to shed light on these topics. Among others, Noah Charney and myself are involved in these studies and I hope they will enhance our knowledge.
ARCA blog: As a practical point, do you think that Organized Crime uses stolen art and antiquities in part of the trade on illegal drug and arms activities? Are you aware of any data that ties stolen art or antiquities to any other illegal activities supported by Organized Crime networks?
Professor Tijhuis: Again, we are dealing with a rather broad category of crimes that take place all around the world. I am not aware of data that systematically connects art crimes with other illegal activities. However, one can find examples of connections with other crimes in specific places around the world.
ARCA blog: What is the difference between transnational crime and Organized Crime and how does this influence the way you teach your course for ARCA?
Professor Tijhuis: First of all, transnational crime clearly involves cross-border types of crime. At the same time, it does not necessarily involve all kind of criminal organizations but may involve individuals or constantly changing networks of people involved in specific crimes. The different terms are related to the different perspectives on crime that were mentioned earlier. When one takes actors as the starting point of studies, one will use the terms “organized crime” or “transnational organized crime”. Transnational crime, on the contrary, is sometimes used when one takes (illicit) activities as starting point.
ARCA blog: What is your current area of focus as related to art crime?
Professor Tijhuis: Currently I'm looking at several specific topics. One of them is “profiling”. We look at ways to profile art crimes, either geographically or psychological. Furthermore, together with Noah Charney, I am working on an article on Organized Crime and Art Crime, which should help to clarify things for readers and students alike, and which will combine our two approaches. We very much enjoy working together, and this is the first of what we hope will be several collaborative future projects.
ARCA blog: Will you be doing anything differently in your class this year?
Professor Tijhuis: Each year I try to add new elements and change the material. This year will probably have somewhat less purely criminological theory and more theory on organized crime and white- collar crime. Furthermore, recent literature and cases always provide wonderful new material.

Journal of Art Crime: Columnist Ton Cremers on 'Security & Safety Reflections'

In his column "Security & Safety Reflections", security consultant Ton Cremers, founder of the Museum Security Network, writes about “Tracking and Tracing of Stolen Art Objects” in the fourth issue of The Journal of Art Crime (Fall 2010). Cremers questions the “not always very trustworthy” marketing of a UK-based company, RFID (radio frequency identification); addresses the complexity of tracking and tracing objects inside and outside museum buildings; and describes the difference between active and passive tags.

Ton Cremers was awarded the 2003 Robert B. Burke Award for excellence in cultural property protection.

To seek out this piece, and many others, consider a subscription to the Journal of Art Crime—the first peer-reviewed academic journal covering art and heritage crime. ARCA publishes two volumes annually in the Spring and Fall. Individual, Institutional, electronic and printed versions are all available, with subscriptions as low as 30 Euros. All proceeds go to ARCA's nonprofit research and education initiatives. Please see the publications page for more information.

Dr. David Gill at Looting Matters Relays Messages from the Field in Egypt

David Gill is reporting on his blog Looting Matters that a former colleague of his is reporting damage to archaeological sites. You can read it here. Professor Gill notes that this report from the field is in contrast to the statements issued earlier by the government's new Minister of Culture, Dr. Zahi Hawass.

David Gill is a member of the Department of History and Classics at Swansea University, Wales. He was a Rome Scholar at the British School at Rome and a Sir James Knott Fellow at the University of Newcastle upon Tyne. He was subsequently part of the Department of Antiquities at the Fitzwilliam Museum, University of Cambridge.

National Geographic also reports Egyptian antiquities damaged. They include photos and identify objects. The interests of the majority of Egyptians intent on protecting their culture and history are threatened by the "few" looking to make money.


February 2, 2011

Wednesday, February 02, 2011 - ,,, No comments

Zahi Hawass provides update on status of Egypt's Museums and Archaeological Sites


Here's an update from Dr. Zahi Hawass on the current condition of Egyptian museums and archaeological sites. Dr. Hawass, secretary general of Egypt's Supreme Council of Antiquities was interviewed by Michele Norris of NPR yesterday and you can see that here. Dr. Hawass was recently appointed Minister of Antiquities, a new department in charge of the maintenance and protection of all Egyptian monuments and museums.