From a legal perspective, provenance is important for a number of reasons. A series of blog posts during the next couple weeks will examine a variety of objects with interesting provenances, discuss the importance of provenance in legal disputes, present the role of provenance for authentication matters, and provide guidance for collectors. This first post will examine the establishment of provenance, notable histories, and a few interesting objects.
Provenance is an ownership history– the life of an object and its owners, wrapped into one. A provenance may consist of documents related to a work’s sale, such as purchase and sales agreements, bills of sale, or receipts. Exhibition, auction or museum records also supply important details, as the objects may have been listed in a contract, a catalog, a magazine, a newspaper or an advertisement. Another valuable resource is documentation memorializing the transfer of ownership within a family, like through a trust or will. Similarly, information from insurance policies may provide important details about ownership and location.
Copyright: artemodernapordenone.it
Some provenance information can be more personal in nature. For example, letters or journal entries offer important information about an object’s movements through time; these writings also provide insights about the personal connections people had with their work. For example, Vincent van Gogh’s frequent correspondences with his brother shed light on the painter’s activities and processes. Famed collectors have also been known to record their purchases in letters, journals or scrapbooks. Photographs may also play an important role in tracing a work’s movements, and they have provided serendipitous proof in a number of art law matters (we will discuss some of these matters in future blog posts). Yet, even without other sources, a provenance can be ascertained from the object itself. An object may bear an artist’s signature and date, in addition to sales labels, museum stamps, collector’s marks, or other distinctive visual clues.
An ideal provenance traces a work back to the artist’s hand, to the moment when a work sprang to life. However, a complete provenance is atypical for works older than a century. Provenances can provide important context for objects. In some instances, provenances may be even more interesting than the objects themselves. Some objects have passed through the hands of famous dealers, respected collectors, celebrity personalities, and even royal families. With each movement or transaction, the owners become part of the artwork’s history.
Last year, an exhibition opened at the Met Cloisters entitled The Colmar Treasure: a Medieval Jewish Legacy. The individual items on display were not extremely costly, but the story of the trove is riveting, yet tragic. A cache of rings, brooches, and coins was hidden in the 14th century in the wall of a house in the idyllic French town of Colmar. While renovating a shop in 1863, on a street known as the rue des Juifs (the Street of Jews), workmen stumbled upon a small cache of medieval jewels and coins. Based upon the location of the treasure and the appearance of a Jewish Ceremonial Wedding Ring, historians were able to piece together a tragic tale. The collection tells the story of the Jewish minority community in the picturesque French town. When the Plague struck in 1345-1349, townspeople all along the Rhine accused Jewish citizens of poisoning wells. Colmar burned its Jewish citizens to death. Following the massacre, the emperor exploited the opportunity to claim ownership of Jewish assets. From this, historians presume that the owners of the treasure hid it behind a wall for safekeeping. Historians have not identified the owners. No one can be certain why the items were left there for centuries, the history of the town suggests that the owners were victims of the scapegoating or fled from Colmar before they could remove the property. The discovery behind the wall allows us to understand the treasure’s context and a bit of its past.
Recently, another work appeared from behind a wall. We reported on it last year when the New York Times featured an article about a 17th-century painting by Arnould de Vuez, discovered during the renovation of an Oscar de la Renta boutique in Paris. Read our earlier blog post to learn about the object’s identification. However, the work’s journey is still not clear.
On the other hand, some works have fully developed provenances that date back for many centuries. Titian’s Allegory of Marriage (also known as the Allegory of the Marchese del Vasto) has graced many important collections during its 480-year history. It has been owned by eleven different owners, originating in Italy before moving on to England and France. Titian painted the work in 1540 in Venice, and then it moved to the Palazzo Ducale for its commissioner, Alfonso d’Avalos. It then went to Vincenzo Gonzaga in 1627. Next, it moved to Murano with famed Flemish art dealer Daniel Nijs, before it transferred to Charles I, who displayed it at the Palace of Whitehall from 1639-1649. (The French King may have acquired it at auction in Spain). It remained at Whitehall until it was sold to Louis XIV in 1683 and then displayed at Versailles Palace. It was then owned by Duc d’Antin from 1715-1737, held at Hôtel d’Antin. The painting then returned to Versailles with Louis XV from 1737-1752. Finally, it was transferred into the Royal Collection in 1752, and then moved to the Louvre (perhaps in 1785) where it is still on display. The journey of this masterpiece is extraordinary because it changed so many hands, but we are still able to trace it directly back to the artist without any gaps. (This is also valuable for the authentication process– a topic we will address in a later blog post.)
Establishing a strong provenance is important not just for fine art, but for other collectibles and luxury items, including jewelry, musical instruments, and even carpets or furniture. In 2010, a set of playing cards was sold at auction for millions of dollars. The cards were not made for playing, but were created as works for a Kunstkammer, a collector’s cabinet. Although estimated to sell for $150,000 to $250,000, the item realized £2,421,123. The high price was due to the rarity of the set—it is one of only five sets of silver cards, and it is the only complete one. But making the set even more valuable is its extraordinary history. The parcel-gilt silver cards were created in Augsburg, Germany in 1616.
Legend has it that the cards were eventually in the possession of Infanta Carlota Joaquina of Spain, Princess of Portugal and Brazil, and the daughter of King Carlos IV. When Napoleon forced the Spanish King to abdicate, the princess became claimant to the throne of Spain and Spanish America. It is believed she took the set with her when she was exiled from Europe and fled to Brazil. It is thought that Princess Carlota gifted the cards to the wife of Felipe Contucci, a man who helped her try to take the Spanish crown after Napoleon forced her brother to abdicate. Contucci passed the cards down through the family. Although the provenance is hard to prove, when the cards were sold in 2010, they came in an early 19th-century leather box with a brass plate with this provenance engraved on it.
Carpets and tapestries are luxury items with prices greatly influenced by provenance. Persian carpets have been collected over the centuries and may command very high prices at auction. In 2019, Christie’s sold a pair of silk and metal-thread Polonaise carpets for millions of dollars. It is likely that the carpets have been together since their creation over four centuries ago. The carpets were woven under the instruction of the ruler of the Safavid Dynasty, Shah ‘Abbas I of Persia, with each carpet typical of the elegant designs produced in Isfahan during the shah’s reign. At the time, Isfahan was the capital of Persia; today it is a city still renowned for its elegant art and architecture.
Carpets and tapestries are luxury items with prices greatly influenced by provenance. Persian carpets have been collected over the centuries and may command very high prices at auction. In 2019, Christie’s sold a pair of silk and metal-thread Polonaise carpets for millions of dollars. It is likely that the carpets have been together since their creation over four centuries ago. The carpets were woven under the instruction of the ruler of the Safavid Dynasty, Shah ‘Abbas I of Persia, with each carpet typical of the elegant designs produced in Isfahan during the shah’s reign. At the time, Isfahan was the capital of Persia; today it is a city still renowned for its elegant art and architecture.
The carpets made their way to the Polish court to the Elector of Saxony, Augustus the Strong (who would eventually serve as King of Poland). Interestingly, Augustus was known for his patronage of the arts. He built palaces in Dresden, including the Green Vault, one of the earliest public museums in Germany (and one that was recently the victim of a high-profile and devastating theft). After returning to Poland after a two-year sojourn through Italy and France, Augustus worked to amass a collection, including Persian carpets, to display his wealth and power.
Travelers during the 17th and 18th centuries noted the sophistication and beauty of carpets coming from Isfahan, and a number of the “Polonaise” style carpets ended up in Europe where they were popular with 17th century courts and gifted to high-ranking officials. They were particularly popular in Poland. (In fact, the Metropolitan Museum of Art has a Polonaise carpet on display.) In 1695, Augustus gave the carpets to Count Lothar Franz von Schönborn, Prince-Elector and Arch-Chancellor of the Holy Roman Empire. The Schönborn family commissioned beautiful Baroque buildings in southern Germany, including the Schloss Weißenstein (Weissenstein Palace). The summer palace came to house one of the largest collections of Old Master paintings in Germany, including works by Rubens, Titian, and Van Dyck. It was in this palace that the two Polonaise carpets remained for centuries. Interestingly, the original palace inventory labels remain on the carpets, bearing proof of their royal provenance. The two carpets sold at Christie’s were particularly coveted because of their pristine condition and vibrant colors. However, the royal provenance makes the items especially valuable. Each of the Polonaise carpets sold for nearly £ 4,000,000 last year.
It is a privilege to work with clients, including major collectors and dealers, to assist them with investigating their unique property. We work with some of the world’s leading provenance experts to examine works ranging from paintings, antiquities, illuminated manuscripts, photographs, automata, and even clothing. No two matters are alike, and we pair our extensive network of experts with our extensive expertise in art, cultural heritage, and intellectual property law. It is a pleasure to assist our clients in navigating the sometimes overwhelming art market.
Amineddoleh & Associates is proud to announce that our founder has been published in a new book by Lund Humphries – Provenance Research Today: Principles, Practice, Problems. The collection is edited by Arthur Tompkins and includes many well-known art and art market experts. The focuses on research and case studies related to provenance (ownership history) in the international art market. It is a practical tool covering basic aspects of provenance research, in addition to methodology, ethics, and challenges. As we explore in our law firm’s Provenance Series, establishing provenance is essential for all kinds of art market transactions. Provenance may uncover forgeries, fakes, or even looted artworks. Leila’s chapter, titled The Provenance Report: using it to resolve disputes, deals with the importance of provenance in legal disputes related to ownership, authentication, and valuation. We urge you to pick up a copy and read on and learn about the work of our other esteemed colleagues!
In honor of International Women’s Day and Women’s History Month, our firm is reposting one of our favorite blog posts. This post originally ran on our firm’s blog in 2021.
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It is a bitter truth that women, who are so often depicted, admired and romanticized through art, have had to overcome herculean obstacles to participate in its creation. In honor of Women’s History Month, this entry in our Provenance Series examines the work of the Old Masters’ female counterparts – the Old Mistresses – and their contemporary successors.
Rediscovery of Female Artists
Renaissance and Baroque works by women have deservedly entered the public consciousness in recent years. In 2019, a depiction of the Last Supper by nun Plautilla Nelli was installed in the Santa Maria Novella Museum in Florence, after a painstaking 4-year restoration by the Advancing Women Artists Foundation (AWA). The project was made possible through the AWA’s “adopt an apostle” crowdsourcing program: private financiers were allowed to “adopt” one of the life-sized disciples at $10,000 each (ever-unpopular Judas was instead funded by 10 backers at only $1,000 each). The oil painting, measuring 21 feet across, is one of the largest Renaissance works by a female artist still in existence. It is also the only work created by a woman during the Renaissance depicting the Last Supper.
Last Supper by Plautilla Nelli (prior to restoration). Image via My Modern Met.
The Provenance and Restoration of Plautilla Nelli’s The Last Supper
The Last Supper was likely created for the benefit of Plautilla’s own convent, the convent of Santa Caterina di Cafaggio in Florence, where it hung in the refectory (dining hall) until the Napoleonic suppression in the 19th century, when the convent was dissolved. It was thereafter acquired by the Florentine Monastery of Santa Maria Novella in 1817. Again, it was housed in the refectory until being moved to a new location in 1865. Scholar Giovanna Pierattini reports it was moved to storage in 1911, where it remained until 1939. It then underwent significant restoration, and returned to the refectory. It would remain on display there for almost forty years, surviving the historic flood of the Arno in 1966 with little damage. The work was next taken down in 1982, when the refectory was reclassified as the Santa Maria Novella Museum, and transferred to the friars’ private rooms. This is how the monumental work, which remained out of the public eye for centuries, is now visible to the public for the first time in 450 years.
Rossella Lari, the restoration’s head conservator remarks, “We restored the canvas and, while doing so, rediscovered Nelli’s story and her personality. She had powerful brushstrokes and loaded her brushes with paint.” The painting features emotionally charged expressions, emphatic body language, and exquisite details, such as the inclusion of customary Tuscan cuisine (roasted lamb and fava beans).
Santa Maria Novella in Florence, Italy. Image courtesy of CAHKT/iStock.com.
Plautilla’s use of color and composition is even more impressive when one considers that women were barred from attending art schools and studying the male nude; instead, they were forced to rely on printed manuals and the works of other artists. Plautilla was not only a self-taught artist, but she also ran an all-woman workshop in her convent and received the ultimate praise for an Italian Renaissance painter: inclusion in Giorgio Vasari’s seminal book Lives of the Most Excellent Painters, Sculptors and Architects. Notably, in Plautilla’s time the convent was managed by Dominican friars previously under the leadership of fire-and-brimstone preacher Girolamo Savonarola. The nuns were encouraged to paint devotional pictures in order to ward off sloth.
Undeterred, “Plautilla knew what she wanted and had control enough of her craft to achieve it,” says Lari. TheLast Supper is signed “Sister Plautilla – Orate pro pictora” (“pray for the paintress”). Plautilla thus confirmed her role as an artist while acknowledging her gender, understanding that the two were not mutually exclusive. Although only a handful of the works survive today, Plautilla and her disciples created dozens of large-scale paintings, wood lunettes, book illustrations, and drawings with great focus, determination, and discipline. She is considered the first true woman artist in Florence and in her heyday, “There were so many of her paintings in the houses of gentlemen in Florence, it would be tedious to mention them all.” Since AWA’s conservation work was initiated, the number of works attributed to Plautilla has risen from three to twenty, meaning that other undiscovered masterpieces could be lying in wait.
Female-Led Museum Exhibitions
The Prado Museum in Madrid has hosted an exhibition featuring two overlooked Baroque painters, Sofonisba Anguissola and Lavinia Fontana, in an exhibition entitled “A Tale of Two Women Painters.” Meanwhile, the National Gallery in London hosted a show dedicated to Artemisia Gentileschi. Notably, Sofonisba, Lavinia and Artemisia all achieved fame and renown during their lifetimes, including royal commissions, only to be eclipsed for centuries after their deaths. Sofonisba was particularly sought after for her ability to capture the expressiveness of children and adolescents in intimate portraits, while Lavinia’s commissions displayed a more formal Mannerist style. Artemisia, the subject of the National Gallery’s first major solo show dedicated to the artist, is recognized as much for the strength of her figures in chiaroscuro as for her life story involving sexual assault and trial by torture. Despite considerable difficulties, Artemisia was able to succeed in a male-dominated field and created over 60 works, most of which feature women in positions of power. Artemisia is now hailed as one of the most important painters of her generation and an established Old Mistress in her own right.
Female Artists at Auction
Despite their long slumber in the annals of history, these artists are not only receiving attention in museums, but in auctions as well. In 2019, a painting by Artemisia depicting Roman noblewoman Lucretia shattered records when it sold for more than six times its estimated price at Artcurial in Paris. While estimates originally placed the work at $770,000 to $1 million, the painting was ultimately acquired by a private collector for $6.1 million. Lucretia was discovered in a private art collection in Lyon after remaining unrecognized for 40 years. It was in an “exceptional” state of conservation according to Eric Turquin, an art expert specializing in Old Master paintings previously at Sotheby’s.
Artemisia Gentileschi’s Lucretia (ca. 1630-1640). Image via Getty Museum.
The earlier record for one of Artemisia’s works had been set in 2017, when a painting depicting Saint Catherine sold for $3.6 million. That painting, a self-portrait of the artist, was then acquired by the National Gallery in London for $4.7 million in 2018. This was the first painting by a female artist acquired by the National Gallery since 1991, and the 21st such item in its entire collection, which encompasses thousands of objects. Saint Catherine had been owned by a French family for decades, but its authorship was obscured prior to its rediscovery and sale by auctioneer Christophe Joron-Derem. The painting was acquired by the Boudeville family in the 1930s, but the exact circumstances of this acquisition and the painting’s prior whereabouts were unclear. At the time of the National Gallery’s purchase, museum trustees raised concerns that the work might have been looted during World War II, although there is no firm evidence to support this suspicion. Despite the gaps in the works’ provenance, it was ultimately determined that the painting had been with the family for several generations and Saint Catherine was welcomed to her new home in London.
Recent Attributions
More recently, a painting of David and Goliath was attributed to Artemisia after a conservation studio in London removed layers of dirt, varnish and overpainting to reveal her signature on David’s sword. While the work’s attribution occurred too late for inclusion in the National Gallery exhibition, the owner is apparently delighted to discover the work’s true author and is keen to loan it to an art institution so the public can enjoy the work. This painting was originally acquired at auction for $113,000 and may have been owned by King Charles I – quite an esteemed pedigree and sure to raise its value by a considerable amount.
Artemisia Gentileschi, David and Goliath. Image courtesy of Simon Gillespie Studio.
In contrast to Artemisia’s ascendance, a painting once attributed to her father Orazio Gentileschi is now embroiled in controversy. That painting, which also depicts David and Goliath and described as “stunning” by the Artemisia show curator, has links to notorious French dealer Giuliano Ruffini. Ruffini is the subject of an arrest warrant due to his connection with a high-profile Old Master forgery ring operating in Europe. It is believed that the forgery ring, uncovered in 2016, garnered $255 million in sales, including works represented as being by Lucas Cranach the Elder and Parmigianino.
Although these paintings were widely accepted as genuine masterpieces and fooled leading specialists, they did not have verifiable provenances. The paintings were said to belong to private collector André Borie, although that was not the case and Sotheby’s was forced to refund money to buyers once the fraud came to light. The Gentileschi in question had been “discovered” in 2012 and sold to a private collector, who loaned it to the National Gallery in London. At that time, the painting was praised for its “remarkable” lapis lazuli background, but the museum did not conduct a technical analysis before displaying the piece. Despite several warning signs – the painting’s recent entrance into the art market, its unusual material, its similarity to another Gentileschi painting held in Berlin, and the lack of published provenance – the museum stated that there were “no obvious reasons to doubt” the painting’s attribution.
The forgotten nature of some female artists demonstrates that their talents are not rare, but rather that they lack the opportunities and publicity that male artists often take for granted. Once their talent is amplified, female artists are capable of great things. This pattern continues today.
The Modern Struggles of Female Artists
As famous female artists lost to history capture the public eye, they are joined by female contemporaries who share a similar struggle against underrepresentation. Women’s contribution to modern and contemporary art is often exemplifiedby those with ties to established male artists: Mary Cassatt (who achieved recognition as an Impressionist in Paris through her relationship with Edgar Degas); Georgia O’Keeffe (who entered the public eye via her relationship to Alfred Stieglitz); and Frida Kahlo (introduced to the art world by her husband, Diego Rivera). This truncated view ignores the vast amount of creative output generated by women, and reinforces the notion that recognition must be made through a male lens, a view prevalent during Artemisia’s time. It is worth noting that Artemisia’s father Orazio Gentileschi was her teacher and facilitator in the Baroque art market. In fact, this attitude has denied countless female artists of their deserving places in the canon of art history. It has even enabled surreptitious artists to take credit for works by others.
Yayoi Kusama. Image courtesy of Kirsty Wigglesworth.
Today, Yayoi Kusama is a household name. The world’s top-selling female artist, she is renowned for her peculiar polka-dotted paintings and sculptures, which command long lines at preeminent art institutions across the globe. Like many famous contemporary artists from the last century, she is strongly associated with a unique personal style, and recognized by her bright-red wig. Despite her phenomenal success, her position in the pantheon of notable contemporary artists was anything but assured. Born in the rural town of Matsumoto, Japan in 1929, Kusama was discouraged from pursuing a career; rather, she was encouraged to marry and start a family. Frustrated by the constant efforts to suppress her artistic aspirations, she wrote to the already famous Frida Kahlo for advice. Kahlo warned that she would not find an easy career in the US, but nevertheless urged Kusama to make the trip and present her work to as many interested parties as possible.
Unsurprisingly, Kahlo’s advice was accurate. After traveling to New York, Kusama’s early work received praise from notable artists Donald Judd and Frank Stella, but it failed to achieve commercial success. Her work also attracted the attention of other renowned artists, who were able to channel ‘inspiration’ from Kusama’s work right back into the male-dominated New York art market. Sculptor Claes Oldenburg followed a fabric phallic couch created by Kusama with his own soft sculpture, receiving world acclaim. Andy Warhol repurposed her idea of repetitious use of the same image in a single exhibit for his Cow Wallpaper. Most blatantly, after exhibiting the world’s first mirrored room at the Castellane Gallery, Lucas Samaras exhibited his own mirrored exhibition at the Pace Gallery only months later. Needless to say, these artists did not credit Kusama for her work and originality. This ultimately caused a despondent Kusama to abandon New York and return to Japan.
Kusama spent the next several decades largely in obscurity. The frustrations in her career resulted in multiple suicide attempts and long-term hospitalizations. However, Kusama always found a way to channel this energy back into her art, and she continued to create art in various formats as a way to heal. It was not until a 1989 retrospective of her work in New York and an exhibition at the 1993 Venice Biennale that the world truly tok notice of her work. This global reintroduction was enough to galvanize interest in her artistic creation, leading to the success she enjoys today. While it may seem just that such a talented artist would eventually receive recognition for her work, this is not always a given and Kusama’s near erasure from the art world should not be discounted.
The Gendered Art Market Divide
In today’s art market, artists, collectors, dealers, and museums are making a concerted effort to fight this type of erasure. Kusama stands as a beacon to others, demonstrating that female artists can reach the pinnacle of their profession. However, it remains an arduous career path for many. Statistical analysis confirms that female artists are underpaid and underrepresented in both the primary and secondary art markets. For example, compare the highest price paid for a work by a living artist by gender: Jeff Koons’ Rabbit sold for $91.1 million in 2019; while Jenny Saville’s Propped sold for $12.5 million that same year, a mere 14% of the Koons’ price. Some of this disparity can be explained by the difference between men and women’s treatment in the workplace generally, but the art world is also subject to a number of particularities. Attributed to a host of causes, perhaps none is more prominent than women’s almost total exclusion from studio art until the 1870s. The art world has existed in this environment for so long that its institutions and relationships now mechanically reinforce the disparity between genders: women are less likely to receive recognition and training, and buyers are less interested in art created by females. The interest in female-made art is also disproportionality concentrated on its biggest names; the top five best-selling women in art held 40% of the market for works by women auctioned between 2008 and 2019. It has become a self-sustaining cycle that can only be broken through deliberate and effective action.
Initiatives Supporting Female Artists
Artists and galleries have been working to shine a light on the current landscape of inequality in the market. Groups like the Guerilla Girls have used their cultural status and notoriety to vocalize issues regarding sexism, racism, and other types of discrimination still rampant today. This type of radical-meets-reformer message resonates with a newer generation that is more vocal about addressing discrimination, and frustrated by the seemingly lackluster efforts to minimize their impact on society. In honor of Women’s History Month, several galleries have announced shows dedicated to addressing some of these issues. The Equity Gallery is presenting “FemiNest,” a collection of works by female artists centered around the literal and metaphorical ideas conjured by the idea of a “nest.” The show explores in sculpture, textiles, painting and other media the new spaces that have opened for women in recent decades and their practical and spiritual impact for women. The Brooklyn Museum has announced a retrospective of Marilyn Minter’s work titled “Pretty/Dirty” aimed at challenging traditional notions of feminine beauty. Featuring more than three decades of work, the show will track Minter’s progress throughout the 1970s, 80s, and 90s. The show is also part of a larger series of ten exhibitions by the Brooklyn Museum dedicated to the subject: “A Year of Yes: Reimagining Feminism at the Brooklyn Museum.” Lastly, the Zimmerli Art Museum will feature an exhibition of works by the Guerilla Girls and other female artists who have worked to depict women’s unequal treatment in the art world, “Guerrilla (And Other) Girls: Art/Activism/Attitude.” (For more information about these shows and others addressing similar issues, see here.)
Do Women Have To Be Naked To Get Into the Met. Museum? (1989), Guerrilla Girls. Image via the Met.
Although artists and art institutions have just begun the work of winding back centuries of discrimination, there is evidence that their work is already affecting the market. The percentage of female-generated artwork in the secondary market is increasing from year to year; from 2008 to 2018, the market more than doubled from $230 million to $595 million. Similarly, representation of women at major art shows is steadily, if inconsistently, increasing as well. This subtle shift in the market has been attributed at least in part to a new class of art purchaser: independently wealthy women, whose capital is self-made rather than inherited or shared via marriage. This novel source of demand is less sensitive to the traditional pressures of the market and is helping to fuel demand for works by female artists. Women’s History Month is an opportunity to reflect on the tremendous progress made by remarkable individuals in the art world, and to also contemplate the ripe opportunities that still lie ahead.
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.
In this inaugural newsletter, Amineddoleh & Associates is pleased to share some major developments that took place at the firm during the summer and autumn of 2021.
LITIGATION UPDATES
Ancient marble bust contested in lawsuit Image from Manhattan DA’s Office
A Victory for Our Client, the Republic of Italy
Amineddoleh and Associates secured a win for its client, the Italian Republic, in the ongoing Safani v. Republic of Italy litigation in the U.S. District Court for the Southern District of New York. The court dismissed litigation against our client in a case concerning an Italian antiquity seized from a Manhattan art gallery. Read about the litigation update here and the case details here.
(The Plaintiff has since filed a Second Amended Complaint, naming the Manhattan District Attorney as a defendant in the case.)
ART & IP NEWS
Illicit Antiquities Trafficking
In this blog post, our founder Leila Amineddoleh discusses disgraced art dealer Nancy Wiener, who revealed new details about her involvement in the illicit trafficking of antiquities and its effect on the art market in an allocution statement. Wiener had ties to Douglas Latchford, whose recent appearance in the Pandora Papers leak highlights the global nature of the illicit antiquities trade. Read more on our website.
Nazi-Era Looting, Duress Sales, and New Laws
There were a number of developments this autumn concerning Nazi-Era looting. We presented an entry in our popular Provenance Series to examine the issues surrounding the restitution of looted cultural heritage in Poland, including the country’s history, a new law shortening the applicable statute of limitations, and examples of successful returns. Read more on our website. In addition, questions continue to arise concerning alleged duress sales, with one painting in Houston’s Museum of Fine Arts coming under scrutiny. Founder Leila Amineddoleh discussed the case and its implications with media outlets.
Turkey and Antiquities Restitution
Gold ewer Image from V&A
Firm founder Leila Amineddoleh consulted with the Gilbert Trust at the Victoria & Albert Museum concerning a 4,250 year old golden ewer that was returned to Turkey in October. The ewer was purchased by a private collector who was unaware of the seller’s dirty dealings, including his involvement in antiquities trafficking. Luckily, the Gilbert Trust was proactive and the matter was resolved amicably and creatively. Read about the ewer’s fascinating history and the details of its return here.
NFT Battle: Miramax v. Tarantino
With the ongoing NFT craze, market participants and legal scholars have been waiting for guidance from courts concerning the application of “traditional” intellectual property law to this new digital asset class. We authored a blog post discussing the legal questions and controversies arising as the NFT market continues to grow. NFTs recently made headlines when Miramax sued Quentin Tarantino. Tarantino, the award-winning movie director, announced his plan to sell a new NFT collection consisting of seven tokens to uncut, exclusive scenes from Pulp Fiction. In response, Miramax sued Tarantino for breach of contract, as well as copyright and trademark infringement. Read more about NFTs and this new lawsuit here.
Lifetime Ban on Collecting: the Steinhardt Seizure
Several artifacts seized from Steinhardt Image from DA’s Office
This blog post details the Manhattan District Attorney’s Office seizure of 180 looted antiquities from Michael Steinhardt. Steinhardt, a hedge-fund pioneer and one of the world’s most prolific collectors of ancient art, was involved in a criminal investigation examining issues with the provenance of various pieces in his collection. The DA’s Office announced that Steinhardt has been sanctioned by placing him under a lifetime ban on the purchase of antiquities. All of the seized antiquities will be returned to their country of origin. Read more about this news on our website. Our founder served as an independent cultural heritage law expert for the seizure of certain items in Steinhardt’s collection. She discussed this with a number of news outlets, including WNYC.
LAW FIRM UPDATES AND EVENTS
New Team Members
Our firm added two new members to its roster this fall: Travis Mock and Deanna Schreiber. Travis is an attorney with a wealth of experience in litigation, IP law and trademarks, while Deanna is 3L at Fordham Law School interested in both transactional and litigation aspects of art and cultural heritage law. Deanna was the winner of the NY State Bar Association’s writing competition for her submission discussing the Foreign Sovereign Immunities Act and its future role in Nazi-looted art controversies. We wish Travis and Deanna a warm welcome. Learn more about our team and their accomplishments here.
Art Law Conferences
Congratulations to our firm’s founder Leila Amineddoleh, who successfully chaired the 13th Annual NYCLA Art Law Institute, one of the most anticipated events of the year. Leila also spoke on the topic of foreign sovereign immunity while Associate Claudia Quinones participated in the ever-popular What’s New in Art Law? panel, focusing on title disputes. Check out the conference program and speaker details here.
In early December, Leila and Claudia also spoke at an international conference, The Intentional Destruction of the Cultural Heritage of Mankind, organized by Università degli Studi di Roma “La Sapienza.” They discussed cultural heritage as a human right as well as measures of legal protection in times of peace and conflict. In November, Leila presented a 3-hour lecture on the topic of NFTs for the Executive Master in Art Market Studies at the University of Zurich. Earlier in the month, she presented on “New Obligations in the Art & Antiquities Markets” for the Responsible Art Market Initiative. She also presented a featured lecture, “Cultural Heritage, the Law and Looting,” for the Department of Art History at New York University in October. Before that, she spoke about Nazi Looted Art and the Guelph Treasure for the International Center of Medieval Art.
CLIENTS AND REPRESENTATIVE MATTERS
Leader in the NFT Market
Our firm was hired to create a unique template for the sale and purchase of NFTs on Monax. The company’s cutting-edge digital platform will combine technological expertise with art market considerations to provide users with full support for these emerging digital assets. As NFTs continue to increase in price and popularity, this template has the potential to revolutionize the market. Read more about NFTs and Monax’s services here. A&A also advised Nifty Gateway on its Terms & Conditions, and we have been working with a number of clients on new NFT projects.
In honor of Diptyque’s 60th anniversary, our client Hiroshi Sugimoto collaborated with the fragrance house on a limited edition perfume bottle inspired by the Japanese region of Kankitsuzan. The artist used his childhood memory of seeing the ocean for the first time to create a striking form exploring the relationship between man and nature. More information on the collection can be found here.
Public Art Commissions
In honor of Veterans Day, the People’s Picture (our client) was commissioned by America250 to create a digital photo mosaic depicting African American WWI hero Sgt. Henry Johnson for its November Salute 2021. The stunning mosaic, containing hundreds of photographs of veterans and other military personnel, is accessible online here and you can read more about The People’s Picture and their work here.
Artists, Art Dealers & Art Fairs
A number of our artist-clients received recognition for international art exhibitions over the past year, including the talented Kamrooz Aram. In addition, our collector-clients and dealer-clients were also actively buying and selling art through both online platforms and in-person art fairs.
Television & Film
As television viewership numbers increase during the pandemic, it is a pleasure to work with producers, writers, and on-screen talent creating exciting programs. One of these clients is Terra Incognita, a company producing content for educational, travel, and documentary programming. They focus on high-quality and thought-provoking ideas to empower audiences around the world.
On behalf of Amineddoleh & Associates, we wish you a happy holiday season and wonderful new year.
Carpets and tapestries are luxury items with prices greatly influenced by provenance. Persian carpets have been collected over the centuries and may command very high prices at auction. In 2019, Christie’s sold a pair of silk and metal-thread Polonaise carpets for millions of dollars. It is likely that the carpets have been together since their creation over four centuries ago. The carpets were woven under the instruction of the ruler of the Safavid Dynasty, Shah ‘Abbas I of Persia, with each carpet typical of the elegant designs produced in Isfahan during the shah’s reign. At the time, Isfahan was the capital of Persia; today it is a city still renowned for its elegant art and architecture. 
Amineddoleh & Associates is proud to announce that our founder has been published in a new book by Lund Humphries – 
