Happy holidays from Amineddoleh & Associates LLC. We had a busy and exciting year working on many matters with our valued clients and colleagues. Below are just a few of the law firm’s highlights:
• We advised museums, including the work of negotiating the return of antiquities to a foreign nation, due to ownership concerns. We counseled other institutions on due diligence for acquisition procedures, provenance research, long-term planning, fundraising, and Board of Trustees considerations.
• We advised an artist’s foundation for authentication and ownership issues.
• We continued to represent the Greek Ministry of Culture before the United States Court of Appeals for the Second Circuit, as we appealed for a reversal of the Southern District of New York’s decision. We were joined in our appeal by amici, Italian Ministry of Culture, the Mexican Ministry of College, the Cyprus Ministry of Culture, the Hellenic College, and the Antiquities Coalition.
• We successfully represented artists, including drafting an agreement for a multi-million dollar public art commission, negotiations of sales, and agreements for theatre and television productions.
• We advised a Brooklyn condominium association to establish an art exhibition space in its luxury building.
• We worked with a growing number of entrepreneurs, helping them to cost-effectively incorporate, establish businesses, and meet their financial goals. Also, we have worked with non-profit organizations to meet their charitable purposes.
• We continue to represent buyers and sellers of luxury items, musical instruments, wine, and valuable works of art, including items deemed to be cultural property.
Additionally, we individually had a prosperous 2019.
Leila Amineddoleh had a very gratifying year. She continued teaching courses at Fordham University School of Law and New York University, and she enjoyed many speaking engagements. This year, Leila had the honor of speaking at the Victoria & Albert Museum in London, the National Arts Club in Manhattan, the University of North Carolina, and Christie’s Education in New York. She also served as the moderator for “Your Art Collection and the Law” for Harvard Business School. She was also deeply honored to present lectures for foreign delegates for the Bureau of Educational and Cultural Affairs at the U.S. Department of State. She will next be presenting a lecture at the Frick Collection this upcoming February.
Leila has also been quite busy publishing both academic and informational articles, in sources such as US News & World Report. Next year, look for her chapter, “Legal Implications of Provenance Reports” in a publication about provenance. She will also have an academic work published in the North Carolina Journal of International Law Symposium. This year Leila was also featured in CNN, Delayed Gratification: the Slow Journalism Magazine, the New York Times, and Hyperallergic.
Leila continues serving as a cultural heritage law expert for the Manhattan District Attorney’s Antiquities Trafficking Unit. Her research was used for the repatriation of multiple objects, including items returned to Egypt and Italy.
Claudia Quinones has had a busy year working on international matters and academic art law research. She published an article on European Union cultural heritage legislation and policy in the Santander Art and Culture Law Review (SAACLR), where she also acts as an English Language Editor. This article was a modified version of her graduate thesis, which she defended in March 2019 and received with honors. Claudia is an active member of The International Art Market Studies Association (TIAMSA) and spoke at the annual conference in Lisbon. Her presentation focused on the concept of due diligence in relation to the 1995 UNIDROIT Convention. She also contributes regularly to the TIAMSA blog and reports on global art law events, such as the Art Market Day in Paris hosted by Le Quotidien de l’Art. Other publications include the encatc\SCHOLAR newsletter and the German Arbitration Journal.
Amineddoleh & Associates LLC has the honor of working with many talented individuals and groups in the art and music industries. Amongst those clients are well-known musicians. On Saturday, Pegasus: the Orchestra (we worked with the orchestra to successfully receive 501(c)(3) status for the group and we continue to handle other legal matters for the orchestra) will be hosting an incredible performance this Saturday at 8 pm at Merkin Hall in New York City.
The program will feature two premiere violinists, Eiko Kano and the legendary former New York Philharmonic Concertmaster Glenn Dicterow. As per our earlier blog posts about valuable musical instruments, both musicians will be performing on historic violins. Mr. Dicterow will be playing an Andreas Guarnerius violin (it was created around 1657, before the birth of J.S. Bach) and Ms. Kano will be playing a “Wilhelmj” Stradivarius violin (dating to 1725) loaned by the Nippon Music Foundation. The Bach Double violin concerto to be performed on Saturday evening is believed to have been composed around 1730 – not too far off from the creation of these instruments.
Saturday’s concert is a great opportunity to experience a wonderful evening of music featuring the sound of these valuable instruments. We hope to see you there!
Our previous post focused on the artistic and financial value of musical instruments. Like other movable pieces of art, due to their unique characteristics, musical instruments are very susceptible to loss or theft – although thieves may not always know the value of what they have stolen. Some items take years to track down, while others disappear altogether. In 2013, a Manhattan violin shop was sued for losing a 176-year-old fiddle valued at $400,000. The owner had consigned the instrument years before but the shop never found a buyer. When the owner returned to claim her property, she was eventually told that the violin had been lent to an individual for a trial and they never returned. The instrument essentially walked out the door, never to be seen again.
In the UK, a couple has spent 15 years stealing musical instruments from stores, including a rare guitar worth £11,000. The woman tucked inside her fur coat before waving goodbye and leaving. Despite being photographed on CCTV, they continue to “steal expensive musical instruments to order.”
However, theft is most often one of opportunity rather than premeditation. Robert K. Wittman, former FBI agent on the Art Crime Team, states: “What [the thieves] are interested in doing is trying to make a quick flip and make as much money as they can off it.” As a result, victims of instrument theft should file a police report immediately and quickly notify local dealers, repairers, and pawn shops – that way, once the thief tries to sell his loot, he will get caught. However, police departments may not be aware of the value of a musical piece, which means that proactivity and partnering with seasoned industry professionals is essential. Law enforcement officers generally understand that cars, jewelry and certain paintings are worth millions – but they may not realize that instruments can also command such high prices.
Lawyers specializing in art and cultural heritage are uniquely poised to understand the sentimental and monetary value of these items and ensure that they are protected as much as possible before and during their recovery. Moreover, as time is of the essence in these cases, specialized attorneys can point the police in the right direction and intercept likely buyers before an unauthorized sale takes place.
Connoisseurs, collectors, and lovers of musical instruments alike must be vigilant and know the risks posed to their belongings. Amineddoleh & Associates represents a considerable number of clients in musical matters– the firm’s attorneys are always pleased to work with clients to protect and recover musical property.
Last week, a valuable violin was accidentally left on a train by its owner, Stephen Morris. Morris, a violinist with the Royal Philharmonic Orchestra, forgot the 310-year-old Tecchler violin on a train from London. It is worth about a quarter of a million pounds because it is one of only a few made by David Tecchler in 1709. (Tecchler was part of the renowned Roman School of Violin Making in the 17th Century and was considered to be the institution’s leading violin and cello maker.) Morris urges anyone who finds the violin to return it, describing the instrument as “a piece of history.” However, the loss of instruments is not rare- other musicians, like Yo-Yo Ma, have misplaced these valuable pieces. In April 2008, Phillippe Quint left a $4 million Stradavarius violin in a cab, but luckily the honest cab driver returned the valuable instrument to its owner.
Although not categorized as “fine art,” some musical instruments have tremendous artistic merit. In some cases, the well-crafted objects are not only functional, but beautiful and valuable. What makes these items even more remarkable is that some multi-million dollar instruments are still used for performances. The production of instruments has evolved over time, however, detailed craftsmanship is still a hallmark for some of the world’s great “instrument makers.” Well-made instruments continue being resold and circulated, meaning that some of them on the market today have incredible provenances. Like the fictionalized “Red Violin,” some valuable instruments have famed pasts.
One of the most famous violins in the world is the Cannone Guarnerius. Fabricated in 1743 by Giuseppe Antonio Guarneri of Cremona, it was owned by Niccolo Paganini. The famed virtuoso bequeathed the instrument to the city of Genoa, Italy upon his death. It is securely exhibited in the city’s town hall, and is considered part of Italy’s cultural heritage. The violin is taken out and played on a monthly basis by its curator and is played biannually by the winner of the Premio Paganini Competition. The valuable instrument is insured for $4 million, although other famed violins are estimated to be worth much more. The Messiah Stradivarius, housed in the Ashmolean Museum, is valued as the most expensive violin with an estimate of $20 million.
Although larger in scale but lower in value, the most expensive pianos have sold for less. One of the most expensive, the Crystal Piano, sold for $3.22 million. Entirely made from crystal, and designed by the Heintzman Company, it was used at the 2008 Beijing Olympics. It was sold to an anonymous buyer after its only performance. Other pianos that have received fame were Mark Bradford’s painted Steinway piano for the US Pavilion at the 2017 Venice Biennale. This law firm represents Steinway’s first visual artist in residence, Lynx Alexander, whose masterfully painted pianos have graced Steinway’s NY and Texas showrooms, in addition to stages around the world.
Photo Credit: NY Times
Over time, instruments have gained notoriety for their sound, their beauty, and their storied pasts. Many people are enticed by the opportunity to own objects played by a celebrity or royalty, and who wouldn’t want to play on “Sam’s” piano from the film Casablanca? As with art objects and luxury goods, the safety of instruments is a concern. It is important for owners to properly maintain the items, secure them from theft, properly appraise and care for them, plan for their passage (as in a will or a trust) and protect them (during travel, while loaned for a performance, while being moved, and while in storage). When contemplating a purchase, it is important for potential buyers to authenticate the instruments, appraise their condition, and ensure that they weren’t stolen in the past. It is hard to imagine the theft of a grand piano, although it has occurred (like in instances in which a piano mover delivers the wrong instrument and absconds with the more valuable one).
Just as owners of fine art sue for the return of stolen works, breaches of contract, and damage to their property, owners of instruments take actions to protect their valuable musical possessions.
Today our founder had the honor of attending the repatriation ceremony of the Golden Coffin of Nedjemankh to the nation of Egypt. Leila served as the Egyptian cultural heritage law expert for the Manhattan DA’s Office for the repatriation of this spectacular object. The coffin was looted in 2011 and purchased by the Metropolitan Museum of Art (the “Met”) in 2017 for $4 million. During today’s repatriation ceremony, the DA quite appropriately addressed the importance of due diligence and a commitment to recognizing red flags for stolen antiquities. In this matter, the coffin went on the market and was purchased by the Met in 2017, six years after the start of the Egyptian Revolution. In addition, the magnificent artifact had never been published or studied by scholars. And finally, the paperwork that accompanied the coffin was forged. With proper due diligence and confirming the veracity of the papers, the forged nature of the documentation could have been uncovered. As noted during today’s ceremony, there are ties between criminal networks and the illicit antiquities market, and so it is important to avoid the purchase of stolen items. The District Attorney also acknowledged the Met’s cooperation in returning the priceless object.
The exquisite coffin is now returning to Egypt where it will be exhibited in a state museum. Eventually it will be displayed in the Grand Egyptian Museum after its opening in 2020. As noted by the Egyptian Minister of Foreign Affairs, the coffin is returning to its home, but it is valuable to all mankind.
