Leila talked with The Art Newspaper about how the deregulation of auction houses could affect the art market. Read the article, Experts fear New York City slashing auction house regulations could erode collector trust and confidence, HERE.
The Marble Bust found in Texas that will be returned to Germany
Amineddoleh & Associates is proud to announce its role in a recent antiquities matter, whereby a Roman marble bust looted during WWII will be restituted to the Bavarian government in Germany. Below, we share details about the bust’s provenance, examples of other cultural objects looted during World War II, the vital work by experts in establishing provenance, and our role in this important cultural return.
Much of the literature about WWII-era looted art focuses on thefts perpetrated by the Nazi Party. The Nazis pillaged on a continental scale – appropriating about 20% of all art in Europe at the time. They were notorious for confiscating artworks they deemed “degenerate,” although other works of art were also swept up in their violent mass seizures. One example is the extensive Czartoryski family collection from Poland, which included Lady with an Ermine by Leonardo da Vinci (later recovered) and a portrait of a young man by Raphael (still missing). After the occupation of Paris in 1940, over 20,000 looted works were taken to the Jeu de Paume gallery, and were kept in a place known as “The Room of the Martyrs.” While Hitler and high-ranking officials had first pick of the loot, German officers could later select masterpieces of their choice. The remainder were slated for destruction, but some evaded this fate thanks to the efforts of art historians and the famed Monuments Men (this title is a misnomer, as this group of British and American members included women).
Looting is often a crime of opportunity, and soldiers on all sides of a conflict may take advantage of the situation by partaking in the appropriation of stolen valuables. Allied soldiers during WWII were no exception. Some of the goods pilfered by Allied troops, like cigarettes and household goods, are relatively inexpensive or nearly worthless by today’s standards. But others – including paintings, rare coins, historic photos, musical instruments, and antiquities – possess great artistic and cultural value. Those valuables continue to be found to this day, sometimes in surprising locations. Some have been returned to the heirs of the original owners while others are involved in ongoing litigation.
Gustav Klimt’s Portrait of Adele Bloch-Bauer
In one instance, a member of the U.S. Army stole a collection of medieval religious objects that had been hidden in a cave for safekeeping during the war. The soldier mailed these priceless artifacts home to his family in Texas. These items, known as the Quedlinburg Treasure, included a jeweled 9th-century manuscript written entirely in gold (the Samuhel Gospel). Decades later, the soldier’s heirs reached an agreement with Germany and returned the items in exchange for $2.75 million. Another case involved a pair of portraits by Albrecht Dürer stolen from a museum in East Germany during the war. These were taken by an American serviceman and later bought by a New York collector, Edward Elicofon, for $450. Although Elicofon was purportedly unaware of the paintings’ provenance, a friend recognized the works from a book on art stolen during WWII. After the museum filed a lawsuit in New York, the court compelled Elicofon to transfer ownership and possession of the works back to Kunstsammlungen zu Weimar (Weimar Art Collection).
Perhaps the best-known case involves Gustav Klimt’s Portrait of Adele Bloch-Bauer, known as the Woman in Gold. This gilded painting was forcibly seized by the Nazis after the owners, a Jewish family, were forced to flee Austria in fear of their lives. The portrait is called “the Mona Lisa of Austria.” Along with other works from the Bloch-Bauer’s collection, the portrait wound up in the Austrian State Gallery, but the heirs to the estate fought to recover their family’s lost property. Eventually, after litigation in the U.S. and arbitration in Austria, the Bloch-Bauer heirs succeeded. The dramatic tale became the subject of a film starring Helen Mirren as the main claimant, Maria Altmann, and the painting was later sold in 2006 for $135 million – a record price at the time.
Not all art and heritage restitutions involve contentious battles. The most recent example of a voluntary return of valuable WWII-looted art can be found in the just-announced agreement between Germany and our client, Laura Young.
The Marble Bust safely strapped in Ms. Young’s car with a seatbelt
Ms. Young happened upon the Marble Bust in the unlikeliest of places: a goodwill thrift shop near her home in Austin, Texas. She purchased the artifact and immediately realized it was more than it appeared to be. The 52-pound Marble Bust, standing at 19 inches tall, was in fact an extremely valuable antiquity. After she drove the Marble Bust home (responsibly strapped into her car with a seatbelt), Ms. Young began digging into its past and discovered the remarkable nature of her find.
Ms. Young later confirmed that, unbeknownst to the goodwill thrift shop owner, the Marble Bust depicts famed Roman commander Nero Claudius Drusus Germanicus, known simply as Drusus Germanicus or Drusus the Elder. She went on to discover that the Marble Bust has a significant provenance, including links to royalty.
To truly appreciate the richness of the Marble Bust’s provenance, a bit of history is required.
Left, cover of 1833 catalog of King Ludwig I’s antiquities collection , right, description of Drusus (the Marble Head) listed in the catalog
Image from google books digitized version of the catalog
Born on January 14, 38 B.C. to Livia Drusilla and Tiberius Claudius Nero, Drusus Germanicus was the legal stepson of Livia’s second husband, Octavian (later Emperor Augustus and great-nephew of Julius Caesar). Drusus was born shortly after his mother’s divorce, and his mother immediately married Octavian, who historians suspect was Drusus’ true father. Drusus Germanicus eventually became the commander of the Roman forces occupying the German territory between the Rhine and Elbe Rivers. In 9 B.C., Drusus reached the Elbe River, but he was thrown from his horse and died 30 days later from the injuries he sustained. For his conquest of Germania, he received the posthumous honorific title “Germanicus.” The Marble Bust of Drusus Germanicus traveled to Germany nearly two millennia later after its acquisition by the King of Bavaria, Ludwig I, at some point prior to 1833.
Although Drusus was lesser known than some other members of his family, portrait heads of this figure are rare (perhaps due to Drusus’ early death) and highly prized.
After its acquisition by Ludwig I, the Marble Bust was transferred to a most fitting location – the Pompejanum. The Pompejanum (or Pompeiianum) is a replica of a Roman townhouse in Pompeii. Overlooking the Main River in the Bavarian town of Aschaffenburg, the museum was already a popular tourist destination in the 19th century. The Pompejanum was commissioned by Ludwig I, who was inspired, like many cultural enthusiasts, by the excavations at Pompeii.
Ludwig I was both an art lover and a great patron of the arts. During his reign from 1825 through 1848, he commissioned major museums and art projects throughout Bavaria and the rest of Germany in a bid to elevate Munich to the status of rival European art capitals, like Rome and Paris.
His passion for art was first awakened on a trip to Italy from 1804 to 1805. After that trip, the future king became a voracious collector. Much like today’s collectors, he sent agents across Europe to acquire masterpieces. (One of his art dealers, Johann Martin von Wagner, was noted for his unerring eye, scholarly talent, and great commercial aptitude.) With an unlimited amount of money to draw on from his royal coffers, Ludwig I scooped up many highly sought-after pieces. To display his massive collection, Ludwig I commissioned the construction of a number of major museums. One of his first projects was the Glyptothek, which was used to house ancient sculptures. Another, the Staatliche Antikensammlungen (State Collections of Antiquities), was designed in 1848. The works from that institution formed part of the extensive collection of the Bavarian Royal Family.
Ludwig I’s taste in art also ventured beyond the ancient world. In 1836, he created the Alte Pinakothek, the largest museum in the world at the time of its inauguration. Ahead of his time, Ludwig I also established one of the first contemporary art museums in the world–which was unfortunately destroyed by bombing during WWII.
Ludwig I had a deep appreciation for ancient masterpieces and structures evoking the classical era. Projects inspired by this passion include the Propylaea, a monumental city gate constructed as a copy of the Athenian Acropolis and ultimately dedicated as a memorial for Ludwig I’s son Otto, who ascended to the throne of Greece in 1832. It was financed by Ludwig I’s private resources after his abdication, and serves as a symbol of friendship between Greece and Bavaria. While he was still a young crown prince, Ludwig I conceived the project of Walhalla, a temple erected to honor famous Germans. This hall of fame honors nearly 200 laudable people spanning 2,000 years of German history, including both male and female politicians, sovereigns, scientists, and artists, from Albrecht Dürer to Sophie Scholl. Although it is named after the Norse mythological heaven for warriors, the temple was built in the Greek Revival Style and modeled after the Parthenon. The temple continues to be used today, and 19 busts, including one of Albert Einstein, have been added to the collection since WWII.
Pompejanum in Aschaffenburg, Germany, as restored today
© Carole Raddato (owner of Following Hadrian)
Ludwig I also aspired to bring a bit of ancient Rome to Bavaria. As such, he commissioned the Pompejanum, mentioned above, which was constructed between 1840-1848. Designed by architect Friedrich von Gärtner, it was loosely modeled on the House of the Diosuri (Casa dei Dioscuri) in Pompeii. The villa was never intended to be used as a residence; rather, it has always served as a museum. Located near Schloss Johannisburg (one of Ludwig I’s residences), the king could admire it from his window and make frequent visits. Completed with a Mediterranean-style garden and filled with reproductions of mosaics, architectural forms, and artifacts, the king could escape to Italy with just a short trip to the Pompejanum.
Visitors came to the Pompejanum because it was, and perhaps still is, the most accurate reconstruction of a Roman villa in the world. The ground floor features an entrance hall, the guest room, the kitchen, the dining room, and atrium, all organized around two courtyards. The interiors were painted in the Pompeiian fresco style, and the floors feature copies or adaptations of ancient works and Roman mosaics. The collection included Roman marble sculptures, bronze statuettes and glasses, and household items, as well as two god’s thrones made of marble.
The Pompejanum destroyed after WWII bombings
Sadly, as often happens during conflict, the damage to the museum’s physical structure led to the loss of its collection. The Pompejanum and the surrounding areas were heavily damaged by Allied bombing in 1944 and 1945. Some of the museum’s objects survived bombing only to be looted. But nothing looted from the museum was ever sold by the museum or German government, and thus title to any looted property remained with the Bavarian State. Under U.S. common law principles, valid title to artwork cannot be transferred through looting. There must be a legitimate transaction for title to vest legally in a subsequent purchaser. This means that the Bavarian State continues to maintain a legal claim of ownership over objects that were taken from the Pompejanum.
The Pompejanum was eventually restored during several phases, the first beginning in 1960. The restoration was completed in 1994, and the villa reopened to visitors that year as the museum of the Bavarian Palace Department and the State Antiquities Collections. Today, it is open to visitors from the spring through the fall.
Establishing the provenance of artwork and antiquities is essential, particularly for objects displaced during times of conflict. It is important not to underestimate the role of art experts in determining provenance, as well as the return and restitution of looted objects. Due to their specialized knowledge and access to resources that are not necessarily available to the public, art experts play a crucial role in establishing the provenance of works and alerting owners to potential red flags. It is always important for purchasers of artwork with unclear provenance or gaps in the chain of ownership to consult experts and ensure that title has been properly transferred.
This pre-war-photo shows the Bust, together with another (today in the Antikensammlungen), standing in the Atrium at the entrance of the Tablinum.
To research her new-found treasure, Ms. Young contacted Sotheby’s. The auction house’s consultant researcher in Ancient Greek and Roman sculpture, Jörg Deterling, identified the subject of the Marble Bust as Drusus Germanicus and alerted Ms. Young that the work had gone missing from the Pompejanum decades ago. Before being looted, the Marble Bust had been displayed in the Atrium, at the entrance of the Tablinum that led to the Pompejanum. Although the exact path of the Marble Bust from Bavaria to Texas is unknown, it is safe to assume that it was looted either by an American serviceman who brought it back to the U.S. or by someone who eventually sold it to an American, likely during WWII or immediately after the end of the conflict.
According to Sotheby’s, Mr. Deterling has been “responsible for many returns, restitutions, and repatriations over the years, but his name has never appeared anywhere in connection with them.” Here, he once again played an instrumental role in the return of a valuable artwork by informing Ms. Young about the historical significance and provenance of her find.
Drusus Germanicus on display at the San Antonio Museum of Art
After being informed of the Marble Bust’s provenance, Ms. Young worked with Amineddoleh & Associates to voluntarily transfer title to Bayerische Verwaltung der staatlichen Schlösser, Gärten und Seen (the Bavarian Administration of State-Owned Palaces, Gardens and Lakes), a government agency in Bavaria, Germany. As part of the restitution agreement, the Bavarian agency committed to loaning the Marble Bust to the San Antonio Museum of Art where it is expected to remain on view until its scheduled return to Germany in 2023.
Rather than sell the Roman bust on the antiquities market, where she could have made hundreds of thousands of dollars, our client instead chose to act ethically and return the bust to its rightful home. We worked with Ms. Young to communicate with German authorities, negotiate the transfer of title, ensure proper acknowledgement of Ms. Young’s actions, and request the work’s temporary display in Texas where its story and our client’s role could be further relayed. The Marble Bust’s journey is an extremely important story to tell. It reflects our passion for the past and collecting, the value of museums in providing access to heritage and knowledge, the unfortunate displacement and destruction of national and cultural heritage during conflict, and the hope that people and institutions will choose to act ethically and protect our shared heritage.
In fact, earlier this week the Museum of Fine Arts in Boston announced the return of a looted marble sculpture to Italy. As in the case with Drusus Germanicus, the object was likely stolen during WWII. The MFA had purchased the antiquity from a Swiss dealer in 1961 for $750. Other records of its whereabouts prior to the purchase are lost, but the dealer had represented that the object originated from Rome. Unfortunately, the MFA’s sculpture had suffered significant damage, such as the loss of facial features, including its nose, mouth and lower left cheek. The Boston museum worked with the Italian Ministry of Culture to effectuate the return of the looted antiquity.
At Amineddoleh & Associates LLC, we are proud to represent clients who value cultural heritage and consult us in matters involving provenance, authentication, ownership, and restitution. In doing so, they help ensure that cultural heritage is protected and safeguarded for current and future generations while being shared with as many people as possible. Thank you to The Art Newspaper for sharing details about this story HERE.
Leila chatted with Mary Childs at Town + Country Magazine about art collectors and their outrageous behavior. During the interview, they discussed the Bill Gross’ litigation involving a Chihuly sculpture, the Alec Baldwin-Mary Boone feud, the Perelman-Gagosian battle, the Robert Sterling and Stephen Carlton Clark estrangement (they were brothers), and the use of art in the highly publicized Macklowe divorce. Read some of these shocking tales in the article found HERE or in the May issue’s article, “The Thrilla in Laguna: A Billionaire, His Neighbors and Their Battle Over Art.”
Pissarro’s Rue Saint-Honoré, dans l’après midi (1897)
Today, the U.S. Supreme Court issued its long-awaited decision in the protracted Cassirer litigation. The case, Cassirer v. Thyssen-Bornemisza Collection Foundation, involves the heirs of a Holocaust survivor seeking to regain a painting by Impressionist artist Camille Pissarro. The work was stolen by the Nazis in 1939. Interestingly, both parties acknowledge that the painting (Rue Saint-Honoré, dans l’après midi, 1897) was the subject of Holocaust-era looting. However, the law of Spain (where the painting is currently located) allows good faith purchasers to obtain good title to stolen works. In the U.S., which follows the nemo dat rule, a thief or subsequent possessor generally cannot acquire good title to a stolen object. Thus, the core of the dispute involved a choice-of-law analysis as to which country’s law would apply. A California district court and the Ninth Circuit had previously ruled that Spanish law should apply.
The question before the Supreme Court concerned the application of law to claims under the Foreign Sovereign Immunities Act (FSIA); namely, whether state or federal law should govern the case. David Boies, the attorney for one of the plaintiffs, argued that under the FSIA, a foreign state should receive the same treatment as a private individual under the same circumstances. This implicates the use of state (California) law. Thaddeus J. Stauber represents the Thyssen-Bornemisza Foundation (the Spanish museum currently in possession of the painting). He countered that federal common law should apply in order to reduce the chances of inconsistent decisions. The court found this argument unpersuasive. In a unanimous ruling penned by Justice Elena Kagan, the court determined that state (not federal) law guides the choice-of-law analysis. Cassirer was remanded to the lower court and will be heard under California law. Although the case is ongoing, this is a welcome clarification for attorneys who deal with foreign sovereigns in the U.S. judicial system.
Amineddoleh & Associates LLC previously successfully represented the government of Greece is a landmark antiquities dispute involving a jurisdictional dispute under the FSIA. We are currently representing the Republic of Italy in another litigation involving questions of foreign sovereign immunity. To date, we have secured favorable decisions in both cases.
In our spring newsletter, Amineddoleh & Associates LLC is pleased to share some exciting developments that took place at the firm during the past winter.
LITIGATION UPDATES
The mural in Des Moines, Iowa shown in the Super Bowl commercial.
Chris “CAW” Williams, Maze, 2018
Amineddoleh and Associates LLC is representing Iowa-based muralist Chris Williams in a case against the Midwest grocery chain, Hy-Vee. Williams’ mural in downtown Des Moines, Iowa was featured in a 2019 Superbowl advertisement promoting Hy-Vee’s partnership with Oprah Winfrey’s O, That’s Good! Brand without the artist’s authorization. The case involves copyright law and VARA (the Visual Artists Rights Act), given the defendants’ unlicensed use of the image and lack of credit to Williams as the artist of the mural. The lawsuit seeks damages for the unlawful commercial use and appropriation use of Mr. Williams’ work. Read about the litigation in an article published by The Art Newspaper here and for more details, you can go to our website.
ART & IP NEWS
Cultural Heritage and Art in Ukraine
The world watched anxiously as tensions rose, and then erupted, between Russia and Ukraine in late February. The conflict between Russia and Ukraine has led to the most tragic casualty, the widespread loss of human lives. As this horror unfolds, art world professionals are also concerned about the loss of art and heritage while the conflict rages. We published a blog post delving into the risks to art collections, museums, cultural sites, as well as other art and heritage in Ukraine posed by the conflict. It is available here. Several days later, we were disheartened to confirm that the conflict resulted in the destruction of 25 artworks by renowned Ukrainian artist, Maria Prymachenko, after a museum in Ivankiv burned down.
Restitution of Mexican Antiquities
Cultural heritage is also at risk across the Atlantic Ocean. We published a blog post discussing how Pre-Columbian/Pre-Hispanic objects are often looted or smuggled from Latin America due to their high resale value and sold abroad. Recently, however, Mexico has taken several steps to recover its cultural artifacts and enforce national patrimony laws. Read more about the restitution of Mexican antiquities and the role of international cooperation on our website.
Dealer with Ties to Looted Antiquities Detained in Paris
Leila Amineddoleh at the repatriation ceremony in 2020 in her role as the Egyptian cultural heritage law expert.
Roben Dib, a dealer suspected of supplying high-profile museums (including the Metropolitan Museum of Art in New York and the Louvre Abu Dhabi) with looted antiquities, was recently transferred to France to face charges of gang fraud and money laundering. Authorities believe that Dib acted through an intermediary (expert Christophe Kunicki) to engage in the large-scale trafficking of looted artifacts from Egypt and the Middle East. Previously, Kunicki had sold a looted golden sarcophagus to the Metropolitan museum for €3.5 million. A subsequent criminal investigation by Assistant District Attorney Col. Matthew Bogdanos exposed serious flaws in the museum’s provenance research, after which the museum issued an apology and formally repatriated the sarcophagus. Our founder served as the Egyptian cultural heritage law expert in this matter and attended the repatriation ceremony in 2020. You can read more about the sarcophagus’ journey here.
LAW FIRM UPDATES AND EVENTS
Art Law Conferences
In March, our firm’s founder, Leila Amineddoleh, served as a panelist at Notre Dame’s Journal of International and Comparative Law Symposium. At the symposium, “International and Comparative Approaches to Culture”, Leila discussed antiquities disputes and repatriation of cultural heritage.
At the end of March, Leila served as the keynote speaker at Yale University’s conference, “Dura-Europos: Past, Present, Future.” This event focused on the systematic looting of Dura-Europos that took place during the Syrian civil war. Specifically, Leila presented on the history of cultural heritage looting and modern efforts to prevent such plunder. Read more about this conference here.
Examples of Benin Bronzes, looted art from Africa at the center of repatriation discussions.
Photo courtesy of Getty Images
Additionally, in January Leila participated in the webinar “Repatriation of African Artifacts: A Challenge for History and Property Rights,” hosted by African Liberty. The restitution of looted artifacts from Africa has formed part of an ongoing debate in several countries, particularly in Europe and the US (as former colonial powers). Leila discussed the recent focus on remedies for these issues, particularly the repatriation of the objects to their countries of origins and the grounds for doing so. We previously explored the subject of the Benin Bronzes in our ongoing Provenance Series, which you can access here.
Upcoming Conferences
This spring, we have additional conferences at which members of our firm will be speaking to look forward to.
Our associate, Claudia Quinones, will be presenting at a workshop organized by The European Society of International Law (ESIL) Interest Group ‘The EU as a Global Actor’ (IG EUGLOBAL). The event will be hosted by the University of Glasgow and focuses on “International Law and Global Security: Regulating an Illusion?”. Specifically, Claudia will speak on ‘Cultural Protection as a Key Component of Global Security.’ Information about the event can be found here.
The Parthenon Marbles on display at the British Museum in London.
Photo Credit: Dylan Martinez/Reuters
Leila will also bring her expertise as a speaker to the 28th Annual Cultural Property Conference at Cardozo School of Law. As part of a panel on cultural property and international human rights trends, Leila will discuss the policies and polities of the Parthenon Marbles. Register and read more about this conference here, and learn more about the Parthenon Marbles on our website.
We look forward to both Leila’s and Claudia’s discussions at these upcoming events.
Art Law Publications
A number of recent cases have left some artists uneasy about the scope of the Fair Use Exception and the use of copyrighted materials in appropriation art. This has led to a shift in the landscape of copyright law. In fact, last month the U.S. Supreme agreed to hear arguments in the closely-watched case involving the Warhol Foundation. Leila commented on these shifts to the legal landscape in an article she wrote for the Institute of Art & Law titled “Fair Use in US Law: The Path to Marano v. Metropolitan Museum of Art.” Please contact us or the Institute of Art & Law for a copy of Leila’s informative article.
Associate Claudia Quinones was also published in the Santander Art and Culture Law Review (SAACLR). Her article, “On the Borderline – Using National and International Legal Frameworks to Address the Traffic of Pre-Columbian Antiquities between Mexico and the United States,” discusses historical and recent approaches to the illicit traffic of antiquities originating in Mexico. It further explores legal and non-legal remedies to curb this traffic. You can read her article on the SAACLR website.
CLIENTS AND REPRESENTATIVE MATTERS
Leader in the NFT Market
World’s first NFT vending machine
As discussed in our last newsletter, Amineddoleh and Associates has been one of the first law firms to work in the NFT space – both through our creation of the unique purchase and sale agreement for NFTs. Our clients include Monax, Nifty Gateway, private buyers and sellers, and corporations involved in investing in these assets. Our founder has also participated in a number of conferences focused on this topic, at locations including the University of Zurich, the Foundation for Art Law, and the New Museum in New York City.
As NFTs continue to dominate the art market, Leila had the opportunity to talk with the Associated Press about the world’s first NFT vending machine.
Music Spotlight
Art law encompasses any artistic expressions, including music. We have written a number of blog posts discussing the protection of musical instruments as well as the provenance of musical instruments and manuscripts. Given our passion for the subject, we are excited to announce that Amineddoleh and Associates is currently working on a number of music related matters.
The first matter involves valuable stolen classical music instruments which we are seeking to return to their rightful owner (our client).
In addition to working with a number of high-profile clients on their intellectual property portfolios, our firm is also representing Danish-born producer and songwriter Jonas Jeberg, known for writing and producing songs like Panic! At the Disco’s “High Hopes”, the Jonas Brothers’ “Rollercoaster,” Demi Lovato’s “You Don’t Do It For Me Anymore,” and Selena Gomez’s “Fetish” ft. Gucci Mane, as well as many others. Amineddoleh and Associates is advising Jeberg on his trademark portfolio.
Upcoming Happenings
After our client’s successful sale of a work by David Hammons at Sotheby’s in March (a sale that realized a price greater than the projected estimate), our client has three additional works that will be up for auction at Sotheby’s Contemporary Evening Sale in May. We look forward to attending this auction as the art market continues its post-pandemic upswing.