Shortly after reports that two of the objects found in Cornelius Gurlitt’s possession in 2012 would “be restituted “soon” to the families from which they were looted under Nazi auspices pursuant to the three recommendations of the Gurlitt Task Force to date, the Task Force has now issued a fourth recommendation. The newest work to be identified for restitution is a Camille Pissarro painting, The Seine seen from the Pont-Neuf, the Louvre in the background.
Topics: Cornelius Gurlitt, Uta Werner, Gurlitt Task Force, Gurlitt Collection, Salzburg, Restitution, District Court of Munich, World War II, Camille Pissarro, The Seine seen from the Pont-Neuf the Louvre in th, Kunstmuseum Bern, www.lostart.de, Museums, Monika Grütters, Deutsches Zentrum für Kulturgutverluste, German Cultural Property Center, Minister of Culture
The U.S. District Court in Los Angeles has denied yet another motion by the Norton Simon Museum in Pasadena to dismiss claims by Marei von Saher to ownership of the Lucas Cranach paintings Adam and Eve. Ruling on the most recent argument that the claim was brought too late, the court held that the case was within California’s often-revised statute of limitations. Remarkably, even though last year’s remand from the Ninth Circuit raised the question of the application of the Act of State Doctrine, that issue went mentioned but unresolved. That could mean yet another motion before the case can proceed to trial (or even discovery).
Topics: Netherlands, Norton Simon Museum, Nazi Germany, Von Saher, Nazi-looted art, California Code of Civil Procedure Section 338, Pasadena, Adam, conflict preemption, Lucas Cranach, Cranach, Restitution, field preemption, Marei Von Saher, Statute of Limitations, Goudstikker, Los Angeles, World War II, Von Saher v. Norton Simon Museum, Cassirer v. Kingdom of Spain, Museums, Eve, California Code of Civil Procedure 354.3
I'm pleased to be participating next month in the Professional Artist Series at Danforth Art in Framingham, Massachusetts. The Danforth is a wonderful museum and school that engages both the creation and exhibition of art across a broad community. It is a real treasure.
Topics: Massachusetts, Danforth Museum School, Jessica Burko, The Boston Globe, Cate McQuaid, Professional Artist Series, Events, Copyright, Nicholas O'Donnell, Museums, Sullivan and Worcester LLP, Fair Use, Art Law Report, Framingham
As if there weren't enough controversy with national advisory commissions' recommendations about Nazi-looted art, the Tate Gallery in London is apparently reconsidering a recommendation last year by the United Kingdom’s Spoliation Advisory Panel that Beaching a Boat, Brighton (1824) by John Constable should be restituted to heirs of Budapest-based Baron Ferenc Hatvany, who was Jewish.
Topics: John Constable, Soviet, Budapest, Worcestershire, London, The Art Newspaper, Beaching a Boat Brighton, Nazi-looted art, Red Army, Mrs P.M. Rainsford, Broadway Art Gallery, Restitution, World War II, Baron Ferenc Hatvany, Tate Gallery, Washington Principles, United Kingdom Spoliation Advisory Panel
A Munich court ruled last week that the will written by Cornelius Gurlitt in the last days of his life that named the Kunstmuseum Bern (an institution with which he had no relationship whatsoever) was valid, rejecting a challenge by Gurlitt’s cousin Uta Werner. It is emblematic of the strange case of Gurlitt and of German’s bizarre handling of the affair, that this decision resolves very few of the pending issues.
Topics: Conny Leaks, Focus, Carl Spitzweg, Hildebrand Gurlitt, Potemkin Village, Cornelius Gurlitt, Breslau, Henri Hinrichsen, German Minister of Culture, Uta Werner, Gurlitt Task Force, Max Liebermann, Germany, Nazi-looted art, Gurlitt Collection, Seated Woman, Two Riders on the Beach, Entartete Kunst, Salzburg, Gurlitt, NS Raubkunst, Seuddeutsche Zeitung, Restitution, Catrin Lorch, Bavaria, David Toren, World War II, degenerate art, beschlagnahmte Kunst, Austria, Kunstmuseum Bern, Monika Grütters, Martha Hinrichsen, David Friedmann, Henri Matisse, Jörg Häntzschel, Paul Rosenberg
Fox News has petitioned the Second Circuit Court of Appeals to overturn an adverse ruling over use of the iconic photograph from September 11, 2001, known as “Raising the Flag at Ground Zero.” Rightly taking issue with the mostly unhelpful guidance left by Cariou v. Prince, Fox News and personality Jeanine Pirro (recently in the news for the interviews with her as part of HBO’s The Jinx about Robert Durst) have asked for the extraordinary step of appealing the denial of their motion for summary judgment. While that motion probably won’t succeed in the short term for reasons discussed below, the issue will likely end up in the Court of Appeals at some point. The application that the defendants suggest, however, seems like an exception that would swallow the rule.
Topics: HBO, Cariou v. Prince, 9/11, Raising the Flag at Ground Zero, The Jinx, Second Circuit, World Trade Center, September 11 2001, Robert Durst, Fox News, Jeanine Pirro, Justice with Judge Jeanine, Instagram, Copyright, Herald News, Twitter, The Record, Fair Use, Thomas E. Franklin
Last year we called shenanigans on the seemingly-random, but actually predictable “updates” about March 18 1990 theft of paintings by Rembrandt, Manet, and others from the Isabella Stewart Gardner Museum in Boston. Our point last year was simple: the manufactured stories about what the FBI claims to know (“confirmed sightings” and the supposed identity of the supposed thief) are worse than no news. The FBI has no idea where those paintings are, and I am highly skeptical of the FBI’s claims to know who did it. It’s theoretically possible that protecting the identity of a dead thief would be important to an ongoing investigation, but that presupposes that there is anything going on. I am unpersuaded that anything new has happened in years.
Topics: Gardner Heist, Zodiac, Degas, Isabella Stewart Gardner Museum, Rembrandt, Tom Mashberg, Vermeer, Museums, New York Times, Manet, Storm on the Sea of Galilee
An interesting development happened last week in the case seeking restitution of a Camille Pissarro painting held by the University of Oklahoma. The plaintiff Leone Meyer appealed the May 14, 2014 judgment that found that the courts of New York lacked jurisdiction over the Oklahoma-based defendants affiliated with the University of Oklahoma (the painting is in the Fred Jones, Jr. Museum of Art). Without ruling on the jurisdictional basis for dismissal, the 2nd Circuit Court of Appeals remanded the matter back to the trial court for consideration of whether the case should be transferred to Oklahoma. It seems likely that it will be, or even if not, that she will file a new case there and the matter will continue. It’s splitting hairs, but many of the headlines suggesting that the Court of Appeals had revived Meyer’s claims are not quite right; Meyer’s claims have still never been addressed on the merits (so they were never dead) and, as discussed below, another forum remains available to her. The larger point is that a second round is likely coming in Oklahoma.
Topics: David Findlay Jr. Inc., Raoul Meyer, Nazi Occupation, University of Oklahoma, Aaron and Clara Weitzenhofer, Judge Colleen McMahon, Fred Jones Jr. Museum of Art, Vichy, La bergère rentrent des moutons, Restitution, David Findlay Galleries, World War II, Switzerland, Leone Meyer, Camille Pissarro, Museums, personal jurisdiction, Christoph Bernoulli, Swiss judgment
The lawsuit arising out of the Keith Haring Foundation’s refusal to authenticate a painting a Haring work, and the Foundation’s related efforts to prevent the exhibition of works it did not consider to be authentic, has been dismissed. The case is the latest in a series of civil cases related to the authentication of art—contemporary art in particular. While this case is resolved pending any appeal, the high-stakes nature of contemporary art assures that it will not be the last.
Topics: authentication, Keith Haring, Sherman Act, Keith Haring Foundation, Gagosian Gallery, Lanham Act, Sotheby's, MIami
As expected, the Austria’s Advisory Committee (Der Beirat gemäß § 3 des Bundesgesetzes über die Rückgabe von Kunstgegenständen aus den Österreichischen Bundesmuseen und Sammlungen, BGBl. I Nr. 181/1998 i.d.F. BGBl. I Nr. 117/2009, (Kunstrückgabegesetz)) issued a decision on Friday with respect to the Lederer family’s claim to the famous Beethoven Frieze. In a lengthy opinion, the Committee recommended against restitution, prompting widespread speculation about what the claimants would do next. The mural is installed at Vienna's iconic Secession Museum (my photograph of the museum exterior, taken today, is below), and is one of the icons of fin-de-siècle Vienna.
Topics: Kunstrückgabebeirat, Galerie St. Etienne, Strasbourg, European Court of Human Rights, Marc Weber, Beethoven Frieze, Beethovenfries, Restitution, Jane Kallir, World War II, Foreign Sovereign Immunities, Der Beirat gemäß § 3 des Bundesgesetzes über die R, Lanter Rechtsanwälte, Secession Museum, Gustav Klimt, (Kunstrückgabegesetz), Vienna
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