Tag Archives: Cultural Heritage Law

Art Forgery Trial Asks: Were Dealers Duped, Or Did They Turn A Blind Eye?

11 Feb

“Art Forgery Trial Asks: Were Dealers Duped, Or Did They Turn A Blind Eye?”

by Joel Rose via “NPR

The Knoedler & Company art gallery, shown here in 2010, had been in business  since before the Civil War. The gallery permanently closed its doors in 2011.

The New York art world was shocked when the city’s oldest gallery abruptly closed its doors more than four years ago. A few days later, news broke that Knoedler & Company was accused of selling paintings it now admits were forgeries for millions of dollars each. The gallery and its former president face several lawsuits by angry collectors and the first trial began this week.

The forgeries at the center of the scandal look like masterpieces by Jackson Pollock, Willem de Kooning and other prominent abstract expressionists. They were good enough to fool experts, and even Ann Freedman, then-president of Knoedler & Company, says she was duped.

Her lawyer, Luke Nikas, says, “Ann Freedman believed in these paintings. She showed them to the whole art world. She showed them to experts. And she has piles and piles of letters from all of these experts informing her that the works are real.”

Nikas says Freedman even bought some of the paintings for her own personal collection. But the plaintiffs in this case and other pending lawsuits say Freedman overlooked glaring problems with the paintings’ backstories. The art dealer who sold the paintings to the gallery, a woman named Glafira Rosales, pleaded guilty to fraud and money laundering charges in 2013. According to Freedman, Rosales told an elaborate story involving a European collector (known only as “Mr. X”) who bought the paintings with cash in the 1950s, when he was having an affair with an assistant at two top New York galleries.

“It’s quite a tale, and people bought it,” says Amy Adler, who teaches art law at New York University. “I suppose the temptation would be there — not just for buyers, but, yes, even for sellers — to think they’d happened upon these magnificent, undisclosed masterpieces.”

In the end, Rosales admitted to selling Knoedler 40 counterfeit paintings over more than a decade. The plaintiffs argue that Freedman knew — or at least should have known — that something was amiss. It’s hardly the first time an art dealer has been accused of deliberately looking the other way.

Ken Perenyi is a professional art forger who wrote about his career in the book Caveat Emptor. “From over 30 years’ experience with art dealers,” he says, “I would say there most certainly are individuals out there in the trade that will turn a blind eye.” . . .

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Getty Museum returns the Head of Hades to Italy

29 Jan

Sometime between 300-400B.C., an unknown artist in Morgantina, Italy carefully sculpted this terra-cotta replica of the famed god of the Underworld, the feared Hades.  The skull or head itself was carefully sculpted on its own, and later the curly hair and beard were individually added, one curl at a time, just before the final firing in the kiln. Afterwards, it was carefully painted, and some parts of the paint remain such as the red in his hair and the blue in his beard.  This beautiful artifact is an amazingly well-preserved momento of painstaking artistry.

The piece goes by both the name “Head of Hades” and “Bluebeard” and was illegally excavated from an Italian archaeological dig during the 1970s. Afterwards it was sold and ended up at the Getty Museum in the USA.  

According to the Getty Website, the work was initially believed to be a depiction of Hades’ brother, Zeus (known occasionally as Bluebeard).  However, examination of the nearby discovered artifacts and the knowledge that Morgantina worshipped Persephone (kidnapped wife of Hades), they now believe it is actually Hades instead.  The kidnapping of Persephone is thought to have occurred at a lake near the city.  

Long story short, because the work was illegally excavated, it technically still belongs to Italy and was stolen property, meaning the Getty had to repatriate the bust to its nation of origin.  Although the legal exchange happened a couple years ago, the official trade occurred recently when Italian officials arrived to take over possession.  

One of the interesting notes to me is the fact that the Getty has owned this work since 1985 (almost 20 years) according to their own website. It is unclear why it took so long for them to return the stolen relic.  

Either way, the work is finally home as Hades returns to his royal lands, protecting the good and punishing the wicked as they pass into his deadly realm.

Resources:

  1. Getty Website
  2. Yahoo! News

Copyright: The Constitutional Background

14 Jul

***This is not intended to be legal advice. First, this is an ESL Primer, and so is fairly simplified. Second, each person’s situation is different.  Please contact your attorney for legal advice as it applies to you!! 

Copyright:

The Constitutional Background

by Profs. Olivia L. Blessing, JD and Angela K. Blessing, MBA, JD

 via “Cultured Muse

Introduction

When asked to think back to the American Constitution, many Americas recall dusty memories of political office age restrictions and voting laws. Yet, the founding fathers were not only devoted to taxes and wars; they were interested in cultural and scientific issues as well.

In fact, they considered art and inventions so important to American culture and development as to warrant Constitutional protection. In America, the Constitution is the highest law in the country, it trumps everything.  If it is in the Constitution, it is extremely important to the Government. And Copyright protection is one of those extra important issues the Government is involved in.

So what exactly does the Constitution say?  As we saw before, Article 1, Section 8 of the U.S. Constitution says Congress has the power “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

Cool! Now, what does that mean? Continue reading

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