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Global IT Outage

All:

We understand a global IT outage, caused by an update to CrowdStrike on Microsoft’s Windows Operating System, has affected phone and banking systems worldwide. Microsoft reports that the problem has been resolved and systems are coming back online. We hope your business was not affected by these disruptions. The team at Amineddoleh & Associates is available by email and internet-phone call, to assist you with any potential legal issues as your business navigates these interruptions.

Kind regards,

Leila

Summer’s Best Art Exhibit is Off The Beaten Path

Spain’s most exciting art exhibition of the summer is not in Barcelona. It’s not even in Madrid. Instead, the summer’s hottest art excursion is in a deconsecrated and incomplete cathedral in Alba de Tormes, a small town that is a two-hour drive from Madrid.

 

Alba de Tormes. Image courtesy of Frayle via Wikimedia Commons.

 

El Esplendor de La Pintura en Valenica

The exhibition, titled El Esplendor de La Pintura en Valenica (The Splendor of Painting in Valencia), highlights artists from Valencia in the late 15th and early 16th centuries. It demonstrates how the arrival of Italian and Flemish artistic influences at this time provided the spark needed to set the Spanish Renaissance ablaze. (Note for readers under the age of 16: Valencia is not just an Instagram filter – it’s also a beautiful municipality in Spain!)

This breathtaking exhibition features a monumental 120 pieces of Renaissance works, 90% of which have never been on display. Nothing like this has ever been accomplished in Alba before – and the exhibition’s success has made the international art world pay attention.

Two primary aspects of this exhibition make it stand out. The first is that the art on display is remarkable. The focal point of the exhibition is a painting of Christ tied to the pillar by Juan de Juanes. It is largely regarded as his best work, as well as a true pillar of the Spanish Renaissance canon. The painting is accompanied by an augmented reality rendition of the prized work. In an immersive video located in a nearby booth, viewers are treated to a life-like vision of Christ suffering. Christ stares soulfully into the eyes of the viewer, while tilting a head made heavy by a crown of thorns, and lifting bound wrists. This effect is powerful – and enough to send even the most pious attendees scurrying to Mass.

 

“Christ tied to the Column” by Juan de Juanes. Copyright: Leila A. Amineddoleh

In addition to Juan de Juanes’ pivotal work and its augmented reality counterpart, other priceless works fill the cavernous space. One wonders how such a thoughtfully curated collection came together. Many works are on-loan from private collections (the centuries-old altarpieces, for example, are a particular coup and a true treat for the senses). In fact, the collection is so triumphant in its significance and rarity that it alone makes a trip to Alba a definite “must” for anyone in Spain this summer. Which leads to the second reason this exhibition is garnering so much buzz in the art world.

Alba is a beautiful city, known for being a haven for painters and artists in the 16th century (who all flocked to bask in the aura of the ineffable Duke of Alba). Not only that, Alba is known for housing renowned Catholic saints St. Teresa of Avila and Saint John of the Cross. Despite all of this history, the city is still rarely considered a tourist site.

 

Tourism and Depopulation

The decision to hold the exhibition in Alba, then, was a response to what’s known as la España vaciada or “hollowed-out Spain.” This term is used to describe the depopulation happening across the country of certain areas. As citizens leave rural areas in favor of big city life, smaller towns face a host of problems: unemployment issues, reduced or eliminated services, closed restaurants and shops, and desolate downtown urban areas. But one unfortunate side effect less-frequently talked about is the threat depopulation poses to art and cultural heritage.

Our founder wrote a well-informed (and prescient) note on this topic (available here). But for those who are new to the subject, the depopulation of culturally rich areas puts the art and cultural heritage left behind at risk of theft, environmental destruction, and intentional or accidental demolition – just to name a few. Abandoned cultural sites and works of art are easily targeted by looters and bored civilians alike. The result is the heartbreaking loss of irreplaceable worldly treasures.

 

The Colosseum in Rome is a heavily-touristed site. Image via Fodor’s, available at https://www.fodors.com/world/europe/italy/rome/experiences/news/photos/the-10-best-ancient-sites-in-rome.

 

One solution to this damage that comes from depopulation is to re-direct tourism to these areas from highly popular sites. When tourism booms in the same areas over and over, a whole host of other issues ensues (Our firm has written at length on that topic here – click to brush up on the dangers of overtourism, including destruction of cultural sites due to wear-and-tear, as well as vandalism).

When tourism is instead spread out to more places, the risks to cultural heritage from overtourism are mitigated. Moreover, the economic benefits of tourism – and the boom it can provide to local economies – is more evenly spread out around the country.

This move to a more sustainable form of tourism does not happen naturally. Rather, it requires concentrated efforts from dedicated groups and individuals on the front lines. Immersive knowledge of a place and its most significant features are essential to breathing life into new spaces, in order to create new patterns of tourism.

 

Reliance on Local Experts

Nicolas Cortés, a 30-year veteran of the art world, is one of these individuals, and an organizer of the Valencia exhibition. His vision for this particular effort was, in his words, to expose people to high-quality art, as well as to the beautiful city of Alba itself. For Cortés, “it’s also about the environment. We want people to come to beautiful places [like Alba de Tormes] so they can get to know them.”

 

El Monasterio de la Anunciación de Nuestra Señora de Carmelitas Descalzas de Alba de Tormes. Image courtesy of Fundacion Declausura.

 

Cortés’s work is particularly important in Spain, where lack of Spanish involvement in international treaties has led to a disinterest in the international art world over the protection and preservation of Spanish artistic treasures. Additionally, many of the art and cultural heritage at-risk due to depopulation is held by the Church, and thus out-of-reach for State actors.

This is why the Valencia exhibition is such an artistic powerhouse – bringing culture to an area experiencing the negative impacts of depopulation, in a way that draws upon locals to help with daily operations and revitalizes the town’s economy. It features artists such as Gonçal Peris, Joan Reixach, Maestro de Artés, Yáñez de la Almedina, Martín Gómez, Paolo de San Leocadio and (of course) Juan de Juanes. In the words of the exhibition’s curator, José Gómez Frechina, the arrival of foreign works in Valencia “struck the city like a bolt of lightning, illuminating the way for all the painters there”. The resulting exhibition is a lighting strike itself. In short, it is worth a two-hours’ drive from Madrid.

 

Efforts Made by Turkey

Spain is not the only international location using tactics like this to divert tourists from over-touristed areas, In Turkey, for example, Istanbul’s city-wide restoration teams have painstakingly restored new attractions to bring tourism to little-known historical and cultural sites in the city.

 

Gülhane Park Cistern. Image courtesy of thebyzantinelegacy.com.

 

Istanbul is ripe to benefit from shifting tourism patterns (fun fact: Istanbul is currently the #1 most-visited city in the world), because Istanbul is a city of multiple layers. This means that there is always something new for the city to feature – and for tourists to discover. Most tourists rush to the Basilica Cistern upon arrival, as the city’s most famous cistern. However, just a 12-minute walk away is the Gülhane Park Cistern, a 1,500-year-old reservoir that has been restored by the city and recently reopened to the public in 2023. The Gülhane Park Cistern is ensconced inside a gorgeous green area that was once part of the private Topkapi Palace (also home to the Column of the Goths, a Roman monument, and the Alay Köşkü, a former favorite hang-out of 16th century Ottoman sultans).

By directing tourists to these, lesser-known but highly-valuable cultural sites, the municipality is able to relieve the burden of overtourism to a site like the Basilica Cistern – while still providing a memorable and invigorating experience to the visitors.

 

Sustainable Tourism

Dedicated efforts like these by cities and municipalities (when possible) and by individuals and nonprofits (when applicable) serve to mitigate the impacts of overtourism to popular sites. They also aim to correct issues caused by depopulation of rural areas. The combined impact protects cultural heritage on two fronts – providing a wonderful model for sustainable tourism moving forward.

Plus, who needs another photo of the Trevi Fountain? This summer, all the cool kids are at the Valencia exhibit in Alba – just check our firm’s socials for proof.

 

Altarpiece at El Esplendor de La Pintura en Valancia. Copyright: Leila A. Amineddoleh

Our founder at the opening reception of El Esplendor de La Pintura en Valencia.

 

 

 

 

 

 

 

 

 

The Mayor of Alba de Tormes enjoying a tour of the exhibition. Copyright: Leila A. Amineddoleh

Entry to the exhibition. Copyright: Leila A. Amineddoleh

Publication Alert: Recent Articles by Maria T. Cannon

We are proud to share Maria T. Cannon’s most recent publications, published on the New York State Bar Entertainment, Arts and Sports Law (EASL) Section blog.

 

EASL Section Blogs

 

Grateful Dead concert ticket for June 9, 1991. The Grateful Dead have famously protected their band’s IP through various trademark registrations. Image via kansasphoto.

When Should My Client Trademark Her Artist Name?

The first article is titled, When Should My Client Trademark Her Artist Name? Answer: After Jack Daniels, ‘Yesterday’. The piece examines the heightened importance for music artists to register the trademarks for their band names, in the aftermath of the stunning Supreme Court decision Jack Daniels’s v. VIP Prods., LLC.  Trademark protection for brands is stronger than ever. Plus, artists never know when they will go viral.

Filing for trademark registration is the single best thing working music artists can do to protect their reputational integrity.

You can read the article in full here.

 

Nonprofits Back Tony Nominees

Maria’s second article, titled “Nonprofits Back Tony Nominees: What This Means for EASL Lawyers and Why,” comes out just in time for the Tony Awards!

 

New York City, sparkling at night. Image via Sean Da Ros.

 

This piece discusses the word “provenance” (both its legal and plain-old Webster definitions) as applied to Broadway productions. She also draws attention to the dire financial situation facing Broadway, and what EASL lawyers can do to help.

Check out her article here.

 

Preserving Intangible Cultural Heritage

Another article Maria published considered the importance of protecting intangible cultural heritage. In the article, Maria highlighted the fantastic Armenian lifestyle magazine and brand, Qami Jan (founded by our own Yelena Ambartsumian!). Qami Jan has impacted how Maria views the importance of intangible cultural heritage, and its magazine is a must-read for anyone seeking to learn more on the topic.

 

Ghazanchetsots Cathedral in Shushi (2015). Image courtesy of Yelena Ambartsumian, used with permission.

 

Read the EASL article here. Connect with Qami Jan here.

 

When Great Trees Fall: Sports Legends and Sports Law

Maria also published an article honoring sports legends Jerry West and Willie Mays on the EASL blog. The article examines how the players’ influenced sports law, and American culture at large, through their contributions to the sport.

 

Jerry West playing for the Lakers in 1972. Image via The Sporting News Archive by Malcom W. Emmons.

 

Read the article here

 

City Sidewalks: Dressing Our Cities in Artistic Style

Finally, Maria wrote a piece on the importance of street art in urban planning. She gave spotlighted Building 180, a woman-founded organization that implements public and private art installations (which we have profiled on the blog, available here).

 

Street art on 24 Bond. Image courtesy of Maria T. Cannon, used with permission.

 

Leila Presenting at the Federal Bar Council

On June 12, our founder Leila Amineddoleh will speak on a Federal Bar Council CLE titled “Art & Antiquities Law Part 1: Legal Principles and Policy Issues Related to Restitution of Antiquities.” The panel will be moderated by the Honorable Gary Stein (United States Magistrate Judge, SDNY), and the speakers include Leila, Harry Sandick, Esq. (partner at Patterson Belknap Webb & Tyler LLP, and Jane A. Levine (Partner and Co-Founder of The ArtRisk Group). The panel will provide background on art  general legal principles and policy issues concerning the treatment of art and cultural heritage, including their legal history and framework; jurisdictional considerations; direct actions by state sovereigns versus actions by U.S. prosecutors; and considerations for those facing restitution investigations or claims. Register here.

Italy’s Fight for the Getty Bronze

Signore Fiorilli in his office with a miniature replica of the statue (Copyright: Leila A. Amineddoleh)

For years, we’ve been followed the dispute over the Getty Bronze. In 2010, our founder had the honor of meeting and conferring with state attorney Maurizio Fiorilli. Referred to as the “scourge of the tomb raiders,” or simply as “il Bulldog,” Fiorilli is recognized internationally for pursuing the return of looted artifacts from illicit trafficking networks. He famously played a role in Italy’s successful negotiation for the return of the celebrated Euphronios Krater from the Metropolitan Museum of Art to Italy. When Leila met with Signore Fiorilli in 2010, he had a small replica of the Getty Bronze placed his desk in his office in the state attorney’s office. It sat there to remind him of one of his goals—the return of the artifact to Italy.

 

The Getty Bronze (alternatively known as “Victorious Youth” or the “Fano Athlete”), likely created during the second or third century B.C. in Greece, is a life-size statue of an athlete crowned with an olive wreath. It was likely lost at sea after it was looted by the Romans. In 1964, it was discovered in the Adriatic Sea by Italian fishermen who then sold it to dealers for $5,600. It changed hands numerous times, with the Getty Museum purchasing it in 1977. Between the discovery date and the museum’s acquisition, it was purportedly kept in a bathtub, hidden in a cabbage patch, and concealed by a priest. During that time, it also crossed multiple international borders. Although the Getty Museum’s founder was interested in acquiring the antiquity, he had reservations about the bronze due to title issues and his concerns that the piece was not legitimately on the market. After John Paul Getty’s death, his eponymous museum purchased the antiquity.

 

During Leila’s talks with Signore Fiorilli, they reviewed files on the Getty Bronze and discussed some of the challenges in the litigation. That year (2010), an Italian judge found that the bronze was smuggled out of Italy, and he ordered the Getty to return it. (A discussion of the ruling can be found in a piece Leila authored in 2011—pages 30-32 of this newsletter). The return never happened.

 

Then in 2019, the Corte Suprema di Cassazione (the highest appeal court in Italy) found that Italy owned the statue and ordered the Getty Museum to return it. The basis for the decision was that the bronze was found in Italy’s territorial waters and thus belongs to the country under its patrimony law (Law No. 1089 of 1 June 1939). Alternatively, even if the statue was found in international waters, ownership is based on the theory that the ship transporting the bronze to shore was sailing under an Italian flag. The court found that the Getty never conducted the requisite due diligence prior to acquiring the valuable antiquity.

 

As anticipated, the Getty never complied with the order from the Italian court. The museum treated it as a foreign decision lacking any enforcement power in the US. But the latest development took place earlier this month when the European Court of Human Rights (ECHR) addressed the dispute. The Getty Trust had filed the matter with the ECHR to challenge the final Italian decision, arguing that the Cassation Court’s confiscation order violated Article 1 of the First Protocol to the European Convention on Human Rights, by interrupting the “peaceful enjoyment of possessions.

 

The coast near Fano, Italy (Copyright: Leila A. Amineddoleh)

However, the court sided with Italy, unanimously affirming Italy’s right to seize the statue from the Getty. The ECHR found that the Mediterranean nation was justified in its attempts to reclaim a cultural artifact and that its decades-long battle was not disproportionate. While the court found that the Getty’s right of “peaceful enjoyment” was triggered, Italy was justified in pursuing the bronze as part of its work protecting cultural heritage. The court held that international law strongly favors Italy’s efforts to recover stolen cultural objects, and the Getty did not conduct proper due diligence prior to acquiring the bronze in 1977.

 

Maurizio Fiorilli said that the ruling is “a victory for culture.” But practically speaking, will the court’s decision have any effect on the bronze and the Getty? Will US law enforcement recognize the order from the ECHR and seize the statue? It’s unclear.

 

ECHR rulings are binding on states that are party to the court. However, the US is not a party to it. Cultural heritage law expert Patty Gerstenblith has stated that if US courts enforce the judgment, it will “open a huge can of worms for American museums.” While it’s unclear whether the ECHR judgment will be enforced in the US, Italy has a long history of cooperating and collaborating with US parties and institutions, including museums and law enforcement.

 

 

Disclaimer: While this law firm has represented Italy in past proceedings and Leila A. Amineddoleh has conferred with Maurizio Fiorilli concerning the Getty Bronze, none of the information in this post includes confidential information or legally sensitive material. All material in this blog post is publicly available.