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Germany Announces "Center for Cultural Property Losses": Real Progress or Window Dressing?

Posted by Nicholas O'Donnell on October 9, 2014 at 5:39 AM

After numerous intimations by German Minister of Culture Monika Grütters, the German federal cabinet announced on Wednesday the official formation of the German Center for Cultural Property Losses (Deutsches Zentrum Kulturgutverluste). Citing its “awareness of the special responsibility for the reworking of Nazi art theft,” the ruling CDU coalition issued this statement (my translation):

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Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Deutsches Zentrum Kulturgutverluste, Germany, Minister of Culture Monika Grütters, Nazi-looted art, Gurlitt Collection, Lex Gurlitt, Koordinierungsstelle für Lost Art in Magdeburg, Magdeburg, enteignete Kunst, Gurlitt, NS Raubkunst, Restitution, Task Force, Bundesländer, Lost Art, www.lostart.de, Limbach Commission, Center for Cultural Property Losses

The Art Law Report Turns Three: the Training Wheels are Off

Posted by Nicholas O'Donnell on September 15, 2014 at 5:36 AM

As I have before, I wanted to mark the third anniversary of this blog since we posted three articles on September 15, 2011. In the last year, you (the reader) have helped the Report grow beyond our most optimistic hopes. We have done our best to cover significant events like the Gurlitt saga and restitution issues, the Detroit bankruptcy and the Detroit Institute of Arts, the Corcoran Gallery merger, auction houses and privacy in New York, the Beastie Boys GoldieBlox and copyright/fair use, the “flea market Renoir” case, and so much more. Our monthly traffic in year three has almost surpassed the readers in all of year one, and the sky is the limit. As always, the goal remains to present a fresh perspecive on these legal issues affecting the visual arts and its institutions, of use and interest both to the lawyer and non-lawyer alike.

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Topics: Deaccession, Gurlitt Collection, Cy Pres, the Art Law Report, Gurlitt, Restitution, GoldieBlox, Copyright, Detroit Instiute of Arts, Corcoran Gallery, Beastie Boys, Detroit Bankruptcy, Fair Use

Glass Half Full or Half Empty? Detailed Report Published on Worldwide Efforts to Restitute Nazi-Looted Art Since the 1998 Washington Conference

Posted by Nicholas O'Donnell on September 11, 2014 at 6:35 AM

After the 1998 Washington Conference on Holocaust Era Assets and the eponymous Washington Conference Principles on Nazi-Stolen Art that came out of it, it is hardly surprising that a recurring theme has been to assess the progress of those nations that participated and signed on. Equally unsurprisingly, those assessments are usually more anecdotal than empirical, and usually arise out of a particular case or cases in the context of that country’s response.

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Topics: Graham Bowley, Macedonia, Netherlands, Terezin Declaration, Mussolini, Latvia, Dr. Wesley A. Fisher, Hungary, ICOM, Bulgaria, Commission for the Compensation of Victims of Spol, Germany, Bavarian Minister of Culture, Nazi-looted art, Die Welt, Belarus, Lex Gurlitt, Washington Conference on Holocaust Era Assets, France, Dr. Ruth Weinberger, Romania, Baron Mor Lipot Herzog, Winfried Bausbeck, Belgium, Slovakia, Vichy, World Jewish Restitution Organization, Bundesrat, Washington Conference Principles on Nazi-Stolen Ar, Gurlitt, WJRO, NS Raubkunst, Restitution, International Council of Museums, Norway, United States, Luxembourg, Looted Art, World War II, St. Petersburg, Poland, beschlagnahmte Kunst, Ukraine, Austria, Serbia, Conference on Jewish Material Claims Against Germa, Italy, Bosnia, New York Times, Monika Grütters, Slovenia, Estonia, Museum and Politics Conference, National Gallery, Museum of Fine Arts, entzogogene Kunst, Czech Republic

Limbach Commission Rules Against Claimants to Restitution of “Three Graces” by Lovis Corinth in Unpersuasive Opinion

Posted by Nicholas O'Donnell on August 28, 2014 at 8:17 AM

The German Advisory Commission for the Return of Cultural Property Seized as a Result of Nazi Persecution, Especially Jewish Property (Beratende Kommission) has issued its latest decision concerning allegedly Nazi-looted art in German museums. For the second case in a row after the widely (and wisely) derided opinion not to restitute the Welfenschatz or Guelph Treasure at the Stiftung Preussischer Kulturbesitz in Berlin, the commission (known for its presiding member, former German Supreme Constitutional Court judge Jutta Limbach) has recommended against restitution, this time over the claim by heirs of Clara Levy to The Three Graces (Drei Grazien) by Lovis Corinth (1902/1904). The decision (available only in German) is riddled with poor logic and basic historical errors. In short, while it may be that the painting was indeed delivered to Clara Levy’s daughter in the United States at Clark’s express instruction, that is far less clear than the commission states, and its decision further makes a number of assumptions about the circumstances of Jews in occupied or about-to-be occupied territories that undermine its credibility considerably.

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Topics: Berlin, Else Bergmann, Schleifmühle, Hildebrand Gurlitt, Cornelius Gurlitt, Ludwig Levy, Fritz Levy, Rita Hubbard, Germany, Nazi-looted art, bill of lading, Especially Jewish Property, Buchholz Gallery, Madame Soler, German Advisory Commission for the Return of Cultu, San Francisco, Entartete Kunst, Beratende Kommission, Stiftung Preussischer Kulturbesitz, FSIA, Curt Valentin, expropriation exception”, Gurlitt, Restitution, Max Huggler, Mendelssohn-Bartholdy, Clara Levy, Sigfried Rosengart, Luxembourg, Henry Zacharias, Compagnie Generale Transatlantique Hol Lesquette, World War II, Foreign Sovereign Immunities, Pinakothek der Moderne, degenerate art, beschlagnahmte Kunst, Jutta Limbach, Kunstmuseum Bern, Drei Grazien, Pablo Picasso, Lovis Corinth, Museums, Three Graces, Bavarian State Painting Collections, Federal Republic of Germany, Paula Levy, Kurt Buchholz, Welfenschatz, Limbach Commission, New York, Bayerische Staatsgemäldesammlungen

Curiouser and Curiouser: Still More Gurlitt Paintings Found, Nazi-Looting Connections Unknown

Posted by Nicholas O'Donnell on July 25, 2014 at 7:25 AM

As if the Cornelius/Hildebrand Gurlitt saga needed any more complications as the world awaits the official decision by the Kunstmuseum Bern about whether to accept the appointment as Cornelius Gurlitt’s heir, even more artwork has apparently turned up. Der Spiegel, the Frankfurter Allgemeine Zeitung, and the Wall Street Journal have reported that one picture and several sculptures in the very apartment from which the original trove was seized more than two years ago. Among the sculptures are apparently a Degas and a Rodin. Nothing else seems known about the works or their ownership history, or whether they might be among works that Hildebrand Gurlitt sold or acquired as "degenerate" (side note: the Victoria and Albert Museum's copy of the Degenerate Art Action register is currently on display in New York at the Neue Galerie's exhibition of that title. While it is available online, it is most certainly worth a visit before the show ends).

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Topics: Frankfurter Allgemeine Zeitung, Victoria and Albert Museum, Rodin, Cornelius Gurlitt, Schwabinger Kunstfund. Kunstfund München, Gurlitt Task Force, Fall Gurlitt, Gurlitt Collection, Degas, Hildebrand Gurlit, Entartete Kunst, Gurlitt, Restitution, Bavaria, Neue Galerie, Der Spiegel, Wall Street Journal, World War II, Degenerate Art Action, degenerate art, Kunstmuseum Bern, www.lostart.de, Nazi art, Raubkunst

Limbach Advisory Commission Recommends Against German Restitution of “Guelph Treasure,” Focuses on Terms of 1929 Agreement for Intended Sale

Posted by Nicholas O'Donnell on March 26, 2014 at 11:54 AM

One of the issues exposed and exacerbated by the ongoing Gurlitt collection stalemate is the question of Germany’s restitution procedures with respect to art. As the Bavarian legislative proposal to abolish the statute of limitations for claims against bad-faith acquirers is considered by the Bundestag, the “German Advisory Commission for the Return of Cultural Property Seized as a Result of Nazi Persecution, Especially Jewish Property” has issued a decision over what has become known as the “Guelph Treasure” (Welfenschatz) in the collection of the Stiftung Preussischer Kulturbesitz (SPK), the Prussian Cultural Heritage Foundation. The March 20, 2014 opinion (available, so far as I know, only in German at this point at www.lostart.de) underscores the issues around claims of sales under duress, and the appropriate present-day procedural remedy. Readers should also brush up on their medieval German history to keep up.

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Topics: Holy Roman Emperor Otto IV, German Supreme Commercial Court, Holy Roman Empire, Bundeshandelsgericht, German Supreme Constitutional Court, Z.M. Hackenbroch, Karl Blechen, Duchy of Brunswick and Lüneburg, Niedersachsen, Karl Ernst Baumann, Act of State, Kingdom of Hanover. Königreich Hannover, Dr Alexander Lewin, Prussia, Lower Saxony, Anselm Feuerbach, Gurlitt Collection, Foreign Sovereign Immunities Act, Preussen, Hans Sachs, German Advisory Commission for the Return of Cultu, Hessen, Fogg Art Museum, Congress of Vienna, Julius and Clara Freund, Kurhannover, Dresdner Bank, Hermann Goring, Austrian Supreme Court, Johann J. August von der Embde, House of Welf, Stiftung Preussischer Kulturbesitz, Wilhelm Leibl, Portrait of Amalie Zuckerkandl, Braunschweig-Lüneburg, Harvard, Portrait der Familie von Dithfurth, Gurlitt, Restitution, George I, J.S. Goldschmidt, World War II, Peasant Girl without a Hat and with a White Headcl, Queen Victoria, Prussian Cultural Heritage Foundation, Art Institute of Chicago, Kurfürsten, Jutta Limbach, www.lostart.de, Soviet Union, Gustav Klimt, Bundesverfassungsgericht, Welfenschatz, Limbach Commission, I. Rosenbaum, Electors

The Gurlitt Counteroffensive Continues: Complaint Filed for Return of Paintings

Posted by Nicholas O'Donnell on February 19, 2014 at 7:12 AM

According to multiple news reports and his attorneys, Cornelius Gurlitt has filed a complaint for the return of the paintings seized in 2012 by the Augsburg prosecutor. Copies are not yet available, but the Gurlitt PR website www.Gurlitt.info" has a release that states as follows (thus far only in German). Stay tuned for developments if and when the document becomes available.

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Topics: Schwabinger Kunstfund, Complaint, Nazi stolen art, Hannes Hartung, Hildebrand Gurlitt, Gurlitt Info, www.Gurlitt.Info, Augsburg, Germany, Tido Park, Gurlitt Collection, Beschwerde, Entartete Kunst, Gurlitt Facts, Beutekunst, Gurlitt, Restitution, Statute of Limitations, World War II, Derek Setz, degenerate art, Staatsanwalt, Strafprozessordnung (StPO) Paragraph 304, Soviet Union, Raubkunst, Verjährung, Münchner Kunstfund

Augsburg Prosecutor Rejects Idea of Making Deal with Gurlitt, Harvard and LACMA Beckmann Paintings Highlight Difficulty Ahead Without Agreement

Posted by Nicholas O'Donnell on February 5, 2014 at 7:14 AM

Just days after attorneys for Cornelius Gurlitt floated the idea of discussions with survivors and heirs for a possible resolution to the questions about the artworks found in his apartment two years ago that are suspected of having been stolen or sold under duress during the Nazi era (and after the prosecutor was ordered to make a full list available to journalists), the prosecutor in charge of the investigation categorically rejected the possibility of any deal with Gurlitt.

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Topics: Erhard Göpel, Frankfurter Allgemeine Zeitung, Stuttgart, Wiesbaden, FAZ, Focus, Hildebrand Gurlitt, Cornelius Gurlitt, Augsburg, Amsterdam, Willi Korte, Schwabinger Kunstfund. Kunstfund München, Marvin Fishman, Reinhard Nemetz, Gurlitt Task Force, Germany, Fall Gurlitt, The Art Newspaper, Gurlitt Collection, Max Beckmann, Karl Buchholz, Robert Looker, Entartete Kunst, Bar Braun, Beutekunst, Schwabing, Magdeburg, LACMA, Ersessene Kunst, Harvard, Gurlitt, Bavaria, Busch-Reisinger, Los Angeles County Museum of Art, degenerate art, the Central Collecting Point, Augsburger Staatsanwalt, www.lostart.de, Nazi art, Sotheby's, Roman Norbert Ketterer, Raubkunst, Verjährung, Mayen Beckmann, National Gallery Berlin, verschollene Kunst, De-Nazification, Selbstbildnis, Self Portrait

Cornelius Gurlitt’s Lawyers File Privacy Complaint

Posted by Nicholas O'Donnell on February 3, 2014 at 11:24 AM

In one of the first affirmative steps taken by Cornelius Gurlitt since the revelation of the seizure of a large number of artworks with possible Nazi-seizure connections, Gurlitt has filed a criminal complaint concerning his allegations of violations of his privacy rights. According to Gurlitt’s attorney, “The surrender of investigative information to the press, and with it the severe damage to his personal rights is not tolerable in any way for Mr. Gurlitt. . . . This is a blatant violation of official secrecy.” Another of his lawyers went on to express concern for trust in the process in which details were being given to the media. In particular, Gurlitt’s team were most upset about photographs in the Focus piece that broke the story of Gurlitt’s apartment.

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Topics: Stuttgart, Das Alte Schauspielhaus, Cologne, Irina Alter, veschollene Kunst, Schwabinger Kunstfund, Wiedergutmachung, Annette Weber, Hildebrand Gurlitt, Cornelius Gurlitt, Corinna Budras, S. Lane Faison, Universität Heidelberg, Augsburg, Institute for Jewish Studies Heidelberg, Aryanization, Anat Feinberg, Willi Korte, Schwabinger Kunstfund. Kunstfund München, Monuments Man, Gurlitt Task Force, Germany, Fall Gurlitt, Köln, Nazi-looted art, Henry Keazor, Gurlitt Collection, Appropriated Art the Gurlitt Case, Kurpfälzisches Museum Heidelberg, Hochschule für Judische Studien Heidelberg, Eberhard Karls-Universität Tübingen, Emily Löffler, CSU, Williams College, Judische Allgemeine, Hildebrand Gurlit, Entartete Kunst, Universität Zürich, Arisierung, Lehrstuhl für Römisches Recht und Privatrecht, Nürnberger Institut, Rückgabe, Rhein-Neckar Morgenweb, Beutekunst, 'Stürmer-Bibliothek', Magdeburg, Daniel Krochmalnik, Ersessene Kunst, Katja Terlau, Art Loss Recovery Unit, Jim Tobias, Rhein-Neckar Zeitung, Fritz Backhaus, Gurlitt, Bavaria, Johannes Heil, Wien, Sullivan & Worcester LLP, Lucas Elmenhorst, Kunsthistorisches Institut, Nürnberg, Jüdisches Museum Frankfurt, Looted Art, „Sturmer-Library“, degenerate art, Boston, Seminar für Neuere Geschichte, Wolfgang Ernst, www.lostart.de, Nazi art, Raubkunst, Nicholas M. O'Donnell, Frieder Hepp, Verjährung, Vienna, Münchner Kunstfund, New York, FAZ Frankfurt, Felicitas Heiman-Jellinek

Gurlitt Attorney Speaks of Discussions with Heirs and “Fair and Equitable Solution,” Challenges Earlier Quote Despite Video of Interview

Posted by Nicholas O'Donnell on January 30, 2014 at 4:44 AM

One of Cornelius Gurlitt’s attorneys, Hannes Hartung, told the Wall Street Journal last week, and was again quoted in the Frankfurter Allgemeine Zeitung yesterday, that Gurlitt was open to possible resolutions to claims from heirs to the paintings found in his apartment in 2012. According to Hartung, Gurlitt is already in talks with heirs, and wants a “fair and equitable solution.”

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Topics: Frankfurter Allgemeine Zeitung, Ich geb' nichts freiwillig zurück, FAZ, veschollene Kunst, Focus, Hannes Hartung, Cornelius Gurlitt, Schwabinger Kunstfund. Kunstfund München, Fall Gurlitt, The Art Newspaper, Gurlitt Collection, Max Beckmann, Hildebrand Gurlit, Entartete Kunst, Bar Braun, Özlem Gezer, Beutekunst, LACMA, Gurlitt, David D’Arcy, Der Spiegel, Wall Street Journal, Los Angeles County Museum of Art, degenerate art, Raubkunst

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About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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