Museum Websites and Restitution: Rediscovering Holocaust-Era Objects in the Digital Age

Total Page:16

File Type:pdf, Size:1020Kb

Museum Websites and Restitution: Rediscovering Holocaust-Era Objects in the Digital Age Sotheby's Institute of Art Digital Commons @ SIA MA Theses Student Scholarship and Creative Work 2019 Museum Websites and Restitution: Rediscovering Holocaust-Era Objects in the Digital Age Gabriella Bloom Sotheby's Institute of Art Follow this and additional works at: https://digitalcommons.sia.edu/stu_theses Part of the History of Art, Architecture, and Archaeology Commons, Holocaust and Genocide Studies Commons, and the Museum Studies Commons Recommended Citation Bloom, Gabriella, "Museum Websites and Restitution: Rediscovering Holocaust-Era Objects in the Digital Age" (2019). MA Theses. 19. https://digitalcommons.sia.edu/stu_theses/19 This Thesis is brought to you for free and open access by the Student Scholarship and Creative Work at Digital Commons @ SIA. It has been accepted for inclusion in MA Theses by an authorized administrator of Digital Commons @ SIA. For more information, please contact [email protected]. Museum Websites and Restitution: Rediscovering Holocaust-Era Objects in the Digital Age by Gabriella Bloom A thesis submitted in conformity with the requirements for the Master’s Degree in Art Business Sotheby’s Institute of Art 2019 15,880 words Abstract Under the Third Reich, Europe experienced one of the most far-reaching examples of plunder of cultural property in modern history. While the Allies succeeded in returning many objects and artworks towards the end of the war and initially following it, many objects remained missing and hidden. The late 1990s led to a resurgence of interest in Holocaust-Era looting, resulting in a rise of cases and litigation over previously plundered objects. As many looted artworks materialized in United States museums, museums began further researching their collections’ provenance and inputting this information online. Today, most major museums have a section of their website dedicated to World War II-Era objects that contain gaps in provenance from any time between 1933 – 1945. This thesis examines the link between Holocaust-Era restitution and the Internet, exploring how museum websites and their online provenance programs can be used to promote discovery of objects that may have been plundered during World War II. Using five museums as case studies, it will analyze the strengths and weaknesses of each institution’s online provenance features, and how these programs could be improved to aid in future discoveries. It will also explore several instances in which a museum website has proved beneficial in the discovery of information about a Holocaust- Era artwork. Through case studies and examining existing lost art databases, this thesis posits that more standardized museum provenance projects and a centralized database would be beneficial in facilitating future resolutions of Holocaust-Era objects. i TABLE OF CONTENTS Page INTRODUCTION 1 CHAPTER 1: History of Looting During World War II 4 CHAPTER 2: The Revival of Interest in Holocaust-Era Looting: 14 New Scholarship, Policies, and Practices CHAPTER 3: Museums in the Digital Age 26 CHAPTER 4: Museum Website Surveys 38 4.1. The Metropolitan Museum of Art 39 4.2. J. Paul Getty Museum 42 4.3. The Museum of Modern Art 46 4.4. National Gallery of Art 48 4.5. Museum of Fine Arts, Boston 52 CONCLUSION 55 ILLUSTRATIONS 59 BIBLIOGRAPHY 66 APPENDIX Washington Conference Principles on Nazi-Confiscated Art 75 Terezín Declaration: Excerpt on Nazi Confiscated and Looted Art 77 Report of the AAMD Task Force on the Spoilation of Art during the 78 Nazi/World War II Era (1933-1945) AAM Unlawful Appropriation of Objects during the Nazi Era 83 ii List of Illustrations Fig. 1. Egon Schiele (Austrian, 1890-1918), Portrait of Wally Neuzil, 1912, oil on wood, w 398 x h 320 cm (Without Frame), Leopold Museum, Vienna, Inv. 453, Signed and dated below left: EGON SCHIELE 1912 Fig. 2. Virgin and Child, 15th century, Polish, Oil and tempera on panel, 43.8 x 34.3 cm (17 1/4 x 13 1/2 in.), Museum of Fine Arts, Boston, M. Theresa B. Hopkins Fund, 1970.77, deaccessioned 2004 Fig. 3. Eglon van der Neer (Dutch, 1634–1703), Portrait of a Man and Woman in an Interior, 1665–1667, Oil on panel, 73.9 x 67.6 cm (29 1/8 x 26 5/8 in.), Museum of Fine Arts, Boston, Seth K. Sweetser Fund, 41.935 Fig. 4. Paul Gaugin (French, 1848-1903), Street in Tahiti, 1891, Oil on canvas, 45 1/2 x 34 7/8 in. (115.5 x 88.5 cm), Toledo Museum of Art, Purchased with funds from the Libbey Endowment, Gift of Edward Drummond Libbey 1939.82 Fig. 5. Claude Lorrain (French, ca. 1604-1682), Battle on a Bridge, 1655, Oil on canvas, Unframed: 41 × 55 in. (104.14 × 139.7 cm), Framed: 51 1/2 × 65 in. (130.81 × 165.1 cm), Virginia Museum of Fine Arts, Adolph D. and Wilkins C. Williams Fund, 60.37 Fig. 6. Tagged categories on object page of Paul Signac, Lighthouse at Groix, 1925, Oil on canvas, The Metropolitan Museum of Art website Fig. 7. Example of provenance data, J. Paul Getty Museum website Fig. 8. Filters on Getty works with catalogued provenance gaps Fig. 9. Available filters for paintings collection search on J. Paul Getty Museum website Fig. 10. MoMA’s Provenance Research Project Excel spreadsheet Fig. 11. Anthonie van Borssom (Dutch 1629/1630-1677), River Scene with Windmill and Boats, Evening, c. 1645, Oil on panel, 18.42 x 26.67 cm (7 ¼ x 10 ½ in), National Gallery of Art, Gift of Robert H. and Clarice Smith, 2012.99.1 Fig. 12. Henri Met De Bles (Flemish, about 1480-after 1550), LandsCape with Burning City, About 1500, Oil on panel, 13.0 x 25.7 cm (5 1/8 x 10 1/8 in), Museum of Fine Arts, Boston, Seth K. Sweetser Fund, 46.1143 Fig. 13. Attributed to: Jusepe de Ribera (Spanish (active in Italy) 1591-1652), Saint Andrew, 1641, Oil on canvas, 69.9 x 55.9 cm (27 ½ x 22 in.), Museum of Fine Arts, Boston, Gift of Andree B. Stearns, 1991.776 Fig. 14. Barent Avercamp (Dutch, 1612 or 1613-1679), Skating on a Frozen River, About 1650, Oil on panel, 33.7 x 45.1 cm (13 ¼ x 17 3/4 in.), Museum of Fine Arts, Boston, Gift of Mr. and Mrs. Edward A. Taft, 60.982 iii Acknowledgments I would like to thank my advisor, Elizabeth Pergam, for her invaluable guidance throughout the research and writing process. I am very grateful for her support. iv Introduction Under the Third Reich, European Jews suffered one of the most pervasive instances of looting of property, assets, and art in modern history. Initially following World War II, the Allies and the Monuments, Fine Arts, and Archives (MFAA) Program worked to return works of art to their countries of origin. While these efforts did result in numerous successful restitutions, by the mid-1950s, efforts of returning Nazi-Era works of art had slowed significantly and public interest in the matter 1 had waned. In the late 1990s, the subject again became a matter of public interest as a result of several factors: Lynn H. Nicholas published a fundamental text on the subject titled The Rape of Europa: The Fate of Europe’s Treasures in the Third ReiCh and the SeCond World War in 1994, and in 1997, Hector Feliciano published another key book titled The Lost Museum: The Nazi Conspiracy to Steal the World’s Greatest Works of Art. Also beginning in 1997 was the landmark case United States v. Portrait of Wally, which generated widespread attention and subsequently sparked other claimants to come 2 forward with similar cases. This resurgence of interest in Holocaust-Era Restitutions occurred shortly after the invention of the World Wide Web in 1991. As the Internet became more widely available, museums began to use technology more effectively. Museums also began the process of digitizing their collections and publishing this information online. Today, museum websites and online collections have become integral to the 1 Lynn H. Nicholas, The Rape of Europa: The Fate of Europe’s Treasures in the Third Reich and the Second World War (New York: Vintage Books, 1994), 442. 2 Nicholas O’Donnell, A TragiC Fate: Law and EthiCs in the Battle Over Nazi-looted Art (Chicago: American Bar Association, 2017), 74. 1 museum structure, and nearly all major museums have a department dedicated to their digital presence. 3 The literature on Nazi-Era looting is vast, and although a newer field of study, the literature on museums’ use of technology is also quite comprehensive. The fundamental texts on these subjects have helped to form the basis of this research. However, very little scholarship has been published on the relationship between Holocaust-Era restitution and the Internet. Although the advances of museum digitization occurred almost simultaneously with the resurgence in Holocaust-Era restitution, little research has been conducted to examine the link between these two subjects. This study will survey how the digitization of United States museum collections and the creation of museum provenance research projects has contributed to Holocaust-Era Restitution of works of art (and moreover), how these online collections and provenance projects could be further improved, using several museums as case studies. The first chapter will provide a brief history of Nazi looting during World War II and the years directly following the war. This chapter will discuss the systematic process of looting undertaken by the Nazi Regime. It will highlight the role of documentation in the Nazis’ bureaucratic and organized plunder of Jewish property and assets, as well as in restitution efforts. The chapter will also examine how the art market affected the dissemination of these works of art. As the epicenter of the art market shifted from Europe to the United States, many restituted works have materialized in the United States in recent history.
Recommended publications
  • 2015 Next Wave Festival NOV 2015
    2015 Next Wave Festival NOV 2015 Shinique Smith, Magnetic Beam, 2015 Published by: Season Sponsor: Brooklyn Academy of Music Alan H. Fishman, Epiphany: Chairman of the Board William I. Campbell, Vice Chairman of the Board Adam E. Max, The Cycle of Life Vice Chairman of the Board Katy Clark, President VisionIntoArt Joseph V. Melillo, Executive Producer Young People’s Chorus of New York City An immersive choral installation inpired by the Tibetan Book of the Dead, traditional African folk songs, and ancient mythologies DATES: NOV 4—7 at 7:30pm Doors and Installation at 7pm Season Sponsor: LOCATION: BAM Fisher (Fishman Space) RUN TIME: 1hr (no intermission) Viacom is the BAM 2015 Music Sponsor. Leadership support for programming by New York City artists in the BAM Fisher provided by Rockefeller Brothers Fund. Additional support provided by The TinMan Fund. Leadership support for music #EpiphanyCycle at BAM provided by: #BAMNextWave Frances Bermanzohn & Alan Roseman. BAM Fisher AMERICAN CONTEMPORARY MUSIC ENSEMBLE (ACME) Ben Russell & Caleb Burhans, violins Epiphany: The Cycle of Life Caitlin Lynch, viola Clarice Jensen, cello & artistic director CONDUCTED BY David Cossin, Ibrahima “Thiokho” Diagne, & Ian Rosenbaum, percussion Francisco J. Núñez PROGRAM PERFORMERS ORIGINAL CONCEPT & VIDEO Passage YOUNG PEOPLE’S CHORUS OF NYC CONCERT CHORUS Ali Hossaini Vhiri reNgoro Francisco J. Núñez, Artistic Director/Founder Composed by Netsayi Chigwendere THEATRICAL CONCEPT & Tiffany Alulema Emma Higgins Maya Osman-Krinsky STAGE DIRECTION Epiphany Clare Altman Nyota Holmes-Cardona Ranya Perez Michael McQuilken Michelle Britt Bianca Jeffrey Jordan Reynoso COMPOSED BY Kelli Carter Olivia Katzenstein Elvira Rivera STORY DEVELOPMENT Paola Prestini Samuel Chachkes Zoe Kaznelson Sophie Saidmehr Nathaniel Bellows, Maruti Evans, LIBRETTO BY Nadine Clements Bethany Knapp Jeniecy Scarlett Michael McQuilken, Netsayi, Niloufar Talebi Louisa Cornelis Maria Kogarova Isabel Schaffzin Francisco J.
    [Show full text]
  • Jahresbericht 2016 2016 Bayerische Jahresbericht Staatsgemäldesammlungen Bayerische Staatsgemäldesammlungen
    BAYERISCHE STAATSGEMÄLDESAMMLUNGEN JAHRESBERICHT 2016 2016 BAYERISCHE STAATSGEMÄLDESAMMLUNGEN JAHRESBERICHT BAYERISCHE STAATSGEMÄLDESAMMLUNGEN JAHRESBERICHT Inhalt 6 Perspektiven und Projekte: Die Bayerischen Staatsgemäldesammlungen im Jahre 2016 104 06 Fördervereine 105 Pinakotheks-Verein 20 01 Ausstellungen, Projekte, Ereignisse 106 PIN. Freunde der Pinakothek der Moderne / Stiftung Pinakothek der Moderne 21 Ausstellungen 2016 107 International Patrons of the Pinakothek e. V. und American Patrons of the Pinakothek Trust 26 Die Schenkung der Art Mentor Foundation Lucerne an die Bayerische Staatsgemäldesammlung und die Staatliche Graphische Sammlung München 110 07 Stiftungen 38 Schenkung der Max Beckmann-Nachlässe an das Max Beckmann Archiv 111 Stiftung Ann und Jürgen Wilde 41 Sammlung Schack: Wiedereröffnung des zweiten Obergeschosses 112 Fritz-Winter-Stiftung 42 Wiedereröffnung der Staatsgalerie in der Residenz Würzburg 113 Max Beckmann Archiv und Max Beckmann Gesellschaft 45 König Willem-Alexander und Königin Máxima der Niederlande eröffnen ›Holländer-Saal‹ 114 Theo Wormland-Stiftung 46 ›Renaissance & Reformation‹ in Los Angeles. Eine internationale Ausstellungskooperation 115 Olaf Gulbransson Gesellschaft e. V. Tegernsee 48 Bestandskatalog der Florentiner Malerei 49 Das ›Museum Experts Exchange Program‹ (MEEP). Ein chinesisch-deutsches Kooperationsprojekt 2014–2016 118 08 Nachruf 50 Untersuchungen und Bestandsaufnahme von Werken aus der Staatsgalerie Neuburg an der Donau 119 Johann Georg Prinz von Hohenzollern 54 Leihverkehr 121 09
    [Show full text]
  • How Republic of Austria V. Altmann and United States V. Portrait of Wally Relay the Past and Forecast the Future of Nazi Looted Art Restitution Litigation Shira T
    William Mitchell Law Review Volume 34 | Issue 3 Article 6 2008 How Republic of Austria v. Altmann and United States v. Portrait of Wally Relay the Past and Forecast the Future of Nazi Looted Art Restitution Litigation Shira T. Shapiro Follow this and additional works at: http://open.mitchellhamline.edu/wmlr Recommended Citation Shapiro, Shira T. (2008) "How Republic of Austria v. Altmann and United States v. Portrait of Wally Relay the Past and Forecast the Future of Nazi Looted Art Restitution Litigation," William Mitchell Law Review: Vol. 34: Iss. 3, Article 6. Available at: http://open.mitchellhamline.edu/wmlr/vol34/iss3/6 This Note is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in William Mitchell Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Shapiro: How Republic of Austria v. Altmann and United States v. Portrait 5. SHAPIRO - ADC 4/30/2008 3:15:48 PM CASE NOTE: HOW REPUBLIC OF AUSTRIA V. ALTMANN AND UNITED STATES V. PORTRAIT OF WALLY RELAY THE PAST AND FORECAST THE FUTURE OF NAZI LOOTED- ART RESTITUTION LITIGATION Shira T. Shapiro† I. INTRODUCTION....................................................................1148 II. THE BASIS FOR NAZI LOOTED-ART LITIGATION: HITLER’S CULTURAL OBSESSION.........................................................1150 III. THE UNITED STATES V. PORTRAIT OF WALLY, A PAINTING BY EGON SCHIELE LITIGATION ...................................................1154 IV. THE REPUBLIC OF AUSTRIA V. ALTMANN DECISION: RECLAIMING GUSTAV KLIMT................................................1159 A. Initiation of Legal Proceedings........................................
    [Show full text]
  • “A Former Director's Perspective on Provenance Research And
    Collections: A Journal for Museums and Archives Professionals Provenance Research in American Museums “A Former Director’s Perspective on Provenance Research and Unprovenanced Cultural Property”[1] Dr. Gary Vikan Former Director, the Walters Art Museum Provenance research for a fine arts museum is neither a luxury contingent on adequate staffing with appropriate training, nor is it one of those onerous tasks only to be undertaken when imposed and funded from without. Rather, provenance research is integral to the day-to-day work of any art museum committed to scholarship – a facet of the analysis of a work of art every bit as important to revealing its story as are its iconographic, stylistic, and technical analyses. Such research is especially important for the Walters Art Museum which, perhaps to a greater extent than any other comprehensive fine arts museum in the country, is the legacy of dealer- collector interaction, to the complete exclusion of works professionally excavated in archaeological context.[2] Researching and reconstructing the collection’s past has been central to the museum’s work since it was opened to the public in 1934. My first project at the Walters when I arrived in 1985 as Assistant Director for Curatorial Affairs and Curator of Medieval Art was to oversee the research and publication of a scholarly exhibition catalogue, Silver from Early Byzantium: The Kaper Koraon and Related Treasures (by Marlia Mundell Mango). Its focus was a treasure (the “Hama Treasure”) of unprovenanced Byzantine liturgical silver acquired by Henry Walters from Joseph Brummer in Paris in 1929 which was part of a larger hoard that almost certainly emerged from a clandestine dig near the town of Kurin in northern Syria in late 1908.
    [Show full text]
  • 1 1 December 2009 DRAFT Jonathan Petropoulos Bridges from the Reich: the Importance of Émigré Art Dealers As Reflecte
    Working Paper--Draft 1 December 2009 DRAFT Jonathan Petropoulos Bridges from the Reich: The Importance of Émigré Art Dealers as Reflected in the Case Studies Of Curt Valentin and Otto Kallir-Nirenstein Please permit me to begin with some reflections on my own work on art plunderers in the Third Reich. Back in 1995, I wrote an article about Kajetan Mühlmann titled, “The Importance of the Second Rank.” 1 In this article, I argued that while earlier scholars had completed the pioneering work on the major Nazi leaders, it was now the particular task of our generation to examine the careers of the figures who implemented the regime’s criminal policies. I detailed how in the realm of art plundering, many of the Handlanger had evaded meaningful justice, and how Datenschutz and archival laws in Europe and the United States had prevented historians from reaching a true understanding of these second-rank figures: their roles in the looting bureaucracy, their precise operational strategies, and perhaps most interestingly, their complex motivations. While we have made significant progress with this project in the past decade (and the Austrians, in particular deserve great credit for the research and restitution work accomplished since the 1998 Austrian Restitution Law), there is still much that we do not know. Many American museums still keep their curatorial files closed—despite protestations from researchers (myself included)—and there are records in European archives that are still not accessible.2 In light of the recent international conference on Holocaust-era cultural property in Prague and the resulting Terezin Declaration, as well as the Obama Administration’s appointment of Stuart Eizenstat as the point person regarding these issues, I am cautiously optimistic.
    [Show full text]
  • Constructing Transgression: Criminality in Experimental Literature
    University of Rhode Island DigitalCommons@URI Open Access Dissertations 2019 CONSTRUCTING TRANSGRESSION: CRIMINALITY IN EXPERIMENTAL LITERATURE Charles Kell University of Rhode Island, [email protected] Follow this and additional works at: https://digitalcommons.uri.edu/oa_diss Recommended Citation Kell, Charles, "CONSTRUCTING TRANSGRESSION: CRIMINALITY IN EXPERIMENTAL LITERATURE" (2019). Open Access Dissertations. Paper 888. https://digitalcommons.uri.edu/oa_diss/888 This Dissertation is brought to you for free and open access by DigitalCommons@URI. It has been accepted for inclusion in Open Access Dissertations by an authorized administrator of DigitalCommons@URI. For more information, please contact [email protected]. CONSTRUCTING TRANSGRESSION: CRIMINALITY IN EXPERIMENTAL LITERATURE BY CHARLES KELL A DISSERTATION SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN ENGLISH UNIVERSITY OF RHODE ISLAND 2019 DOCTOR OF PHILOSOPHY DISSERTATION OF CHARLES KELL APPROVED: Dissertation Committee: Major Professor Peter Covino Ryan Trimm Eske Møllgaard Nasser H. Zawia DEAN OF THE GRADUATE SCHOOL UNIVERSITY OF RHODE ISLAND 2019 ABSTRACT This dissertation examines integral, challenging contemporary poetry and fiction, and its relationship to notions of the criminal in multiple guises. The present focus on “criminal” excavates not only its literal meaning—the nature of crime, and its specific relation to penal law—but also brings to light how the “criminal” affects the construction of fiction and poetry, and the lives of various individuals (speakers) within the chosen texts. Intricately tied with the criminal are practices that transgress, and this study will also locate specific creations where poets and novelists construct transgressions that challenge contemporary ideas of narrative and poetic modes.
    [Show full text]
  • Nazi-Confiscated Art Issues
    Nazi-Confiscated Art Issues Dr. Jonathan Petropoulos PROFESSOR, DEPARTMENT OF HISTORY, LOYOLA COLLEGE, MD UNITED STATES Art Looting during the Third Reich: An Overview with Recommendations for Further Research Plenary Session on Nazi-Confiscated Art Issues It is an honor to be here to speak to you today. In many respects it is the highpoint of the over fifteen years I have spent working on this issue of artworks looted by the Nazis. This is a vast topic, too much for any one book, or even any one person to cover. Put simply, the Nazis plundered so many objects over such a large geographical area that it requires a collaborative effort to reconstruct this history. The project of determining what was plundered and what subsequently happened to these objects must be a team effort. And in fact, this is the way the work has proceeded. Many scholars have added pieces to the puzzle, and we are just now starting to assemble a complete picture. In my work I have focused on the Nazi plundering agencies1; Lynn Nicholas and Michael Kurtz have worked on the restitution process2; Hector Feliciano concentrated on specific collections in Western Europe which were 1 Jonathan Petropoulos, Art as Politics in the Third Reich (Chapel Hill: The University of North Carolina Press). Also, The Faustian Bargain: The Art World in Nazi Germany (New York/Oxford: Oxford University Press, forthcoming, 1999). 2 Lynn Nicholas, The Rape of Europa: The Fate of Europe's Treasures in the Third Reich and the Second World War (New York: Alfred Knopf, 1994); and Michael Kurtz, Nazi Contraband: American Policy on the Return of European Cultural Treasures (New York: Garland, 1985).
    [Show full text]
  • Bam 2016 Annual Report
    BAM 2016 2 1ANNUAL REPORT 0 6 BAM’s mission is to be the home for adventurous artists, audiences, and ideas. 3—6 Community, 31–33 GREETINGS DanceMotion USASM, 34–35 Chair Letter, 4 Visual Art, 36–37 President & Executive Producer’s Letter, 5 Membership, 38 BAM Campus, 6 Membership, 37—39 7—35 40—47 WHAT WE DO WHO WE ARE 2015 Next Wave Festival, 8–10 BAM Board, 41 2016 Winter/Spring Season, 11–13 BAM Supporters, 42–45 Also On Stage, 14 BAM Staff, 46–47 BAM Rose Cinemas, 15–20 48—50 First-run Films, 16 NUMBERS BAMcinématek, 17–18 BAM Financial Statements, 49–50 BAMcinemaFest, 19 HD Screenings, 20 51—55 BAMcafé Live, 21–22 THE TRUST BAM Hamm Archives, 23 BET Chair Letter, 52 Digital Media, 24 BET Donors, 53 Education & Humanities, 25–30 BET Financial Statements, 54–55 2 TKTKTKTK Cover: Urban Bush Women in Walking with ‘Trane| Photo: Julieta Cervantes Greetings GREETINGS 3 TKTKTKTK 2016 Winter/Spring | Royal Shakespeare Company in Henry IV Part I | Photo: Richard Termine Change is anticipated, expected, welcomed. — Alan H. Fishman Dear Friends, As you all know, and perhaps celebrated (!), Anne Bogart, Ivo van Hove, Long time trustee Beth Rudin Dewoody As I end my leadership role, I want to I stepped down as chairman of this William Kentridge, and many others. became an honorary trustee. Mark Jackson express my thanks to all I have met and miraculous institution effective December and Danny Simmons, both great trustees, worked with along the way. Together we have 31, 2016.
    [Show full text]
  • When Honor Will Not Suffice: the Need for a Legally Binding International Agreement Regarding Ownership of Nazi-Looted Art
    COMMENTS WHEN HONOR WILL NOT SUFFICE: THE NEED FOR A LEGALLY BINDING INTERNATIONAL AGREEMENT REGARDING OWNERSHIP OF NAZI-LOOTED ART KELLY ANN FALCONER* 1. INTRODUCTION The casualties of the Second World War were not limited to the human victims. Along with the millions of lives lost during the Holocaust, millions of works of art fell victim to the Nazi Regime.1 Although the capture of art and cultural property dur- ing a war is an ancient practice, the Nazis systematically looted Europe's art during World War II on an unprecedented scale.2 The theft of this art was not simply a case of the victors claiming the spoils. For Hitler, both the acquisition and cleansing of art * J.D. Candidate, 2000, University of Pennsylvania Law School;B.A., 1996, University of Virginia. I would like to thank my family for their uncondi- tional love and support. I would also like to thank Karen Hook for casually mentioning THE LOST MUSEUM and thereby providing me with a wonderfu comment topic. Lastly, I would like to thank my father, Russell Falconer, for his generosity and encouragement over the last three years. This Comment is dedicated to my mother, Carol Falconer, because even after three years of law school I still do not know how to begin to thank her. 1 See Lynn H. Nicholas, World War Il and the Displacement ofArt and Cul- tural Property, in THE SPOILS OF WAR 39, 39 (Elizabeth Simpson ed., 1997); Stephen K. Urice, World War II and the Movement of CulturalProperty: An In- troduction and BriefBibliographyfor the Museum Administrator,SC40 ALI-ABA 1, *4 (1998), availablein 'WESTLAW.
    [Show full text]
  • Nazi Looted Art: Setting Precedence for Museum Decisions Erica B
    Seton Hall University eRepository @ Seton Hall Theses 2010 Nazi Looted Art: Setting Precedence for Museum Decisions Erica B. Marcus Follow this and additional works at: https://scholarship.shu.edu/theses Recommended Citation Marcus, Erica B., "Nazi Looted Art: Setting Precedence for Museum Decisions" (2010). Theses. 249. https://scholarship.shu.edu/theses/249 Nazi Looted Art: Setting Precedence for Museum Decisions By: Erica B. Marcus Susan K. Leshnoff, Advisor Submitted in partial fulfillment of the requirements for the degree of Master of Arts in Museum Professions Seton Hall University August 2010 Acknowledgments I would like to acknowledge the advice and guidance of Professor Susan K . Leshnoff . Without your assistance. timely and instmctive comments. evaluations at every stage of the thesis process. and motivating me every step of the way this study would not have been possible . Thank you . Table of Contents Introduction ...................................................................................p . 5-9 Chapter I1 Historical Background ...........................................................p. 10-14 Chapter ID Procedures and Policies Washington Conference ..............................................................p . 15-18 ICOM, PCHA, and AAMD Leave Their Mark ..................................p. 18- 19 International Committee of Museums (ICOM) ..................................p. 19-20 Presidential Advisory Committee on Holocaust Assets (PCHA) ..............p. 20-21 American Art Museum Directors (AAMD) .....................................
    [Show full text]
  • Gutmann Heirs and Daniel Searle
    P a g e | 1 Anne Laure Bandle, Alessandro Chechi, Marc-André Renold February 2017 Case Landscape with Smokestacks – Gutmann Heirs and Daniel Searle Friedrich Gutmann – Daniel Searle – Artwork/œuvre d’art – Nazi-looted art/spoliations nazies – Judicial claim/action en justice – Negotiation/négociation – Settlement agreement/accord transactionnel – Ownership/propriété – Repurchase/rachat – Co-ownership/co-propriété The heirs of Holocaust victims Friedrich and Louise Gutmann, Nick and Simon Goodman and Lili Gutmann, filed a claim against the art dealer Daniel Searle. Searle was the owner of the painting “Landscape with Smokestacks” by Edgar Degas and was a Trustee of the Art Institute of Chicago, where the painting was on loan. The painting was allegedly looted by the Nazis during the Second World War. After four years of litigation, the parties agreed to share the ownership of the painting. The Gutmann heirs’ interest in the ownership was bought by the Art Institute of Chicago. I. Chronology; II. Dispute Resolution Process; III. Legal Issues; IV. Adopted Solution; V. Comment; VI. Sources. ART-LAW CENTER – UNIVERSITY OF GENEVA PLATEFORM ARTHEMIS [email protected] – https://unige.ch/art-adr This material is copyright protected. P a g e | 2 I. Chronology Nazi-looted art - 1932: The wealthy art collectors Friedrich and Louise Gutmann acquire the painting by Edgar Degas, “Landscape with Smokestacks” (1890), from a French collector.1 Their collection comprises artworks by renowned artists such as Degas, Renoir, Botticelli and Franz Hals. - 1939: Friedrich Gutmann sends the painting to the Parisian dealer Paul Graupe to be put in storage for safekeeping. - During World War II: Massive confiscations by the Nazis target Jewish art collectors.
    [Show full text]
  • The Failure of Soft Law to Provide an Equitable Framework for Restitution of Nazi-Looted Art
    Washington University Global Studies Law Review Volume 18 Issue 1 2019 The Failure of Soft Law to Provide an Equitable Framework for Restitution of Nazi-looted Art Michael J. Birnkrant Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the Courts Commons, Criminal Law Commons, Cultural Heritage Law Commons, Entertainment, Arts, and Sports Law Commons, European History Commons, European Law Commons, Holocaust and Genocide Studies Commons, Intellectual Property Law Commons, International Law Commons, International Trade Law Commons, Jewish Studies Commons, Law and Society Commons, Legal Remedies Commons, and the Military, War, and Peace Commons Recommended Citation Michael J. Birnkrant, The Failure of Soft Law to Provide an Equitable Framework for Restitution of Nazi- looted Art, 18 WASH. U. GLOBAL STUD. L. REV. 213 (2019), https://openscholarship.wustl.edu/law_globalstudies/vol18/iss1/8 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. THE FAILURE OF SOFT LAW TO PROVIDE AN EQUITABLE FRAMEWORK FOR RESTITUTION OF NAZI-LOOTED ART BACKGROUND It is estimated that over twenty percent of the art in Europe was looted by the Nazi regime during World War II.1 During this period of “Nazi
    [Show full text]