legal dispute

“New York’s Four Seasons Restaurant Sued over Plan to move Picasso Painting”

This actually could be quite the issue. On the one hand, the question arises as to the circumstances surrounding the Four Season’s acquiring the painting. What was the contractual agreement–that they would maintain the painting, that it would stay in the same spot indefinitely, that it had to always be available to the public. Did they not make any provisions for this type of situation? I’m guessing that the case is going to hinge upon how significant the damage to the wall is, how much more damage would postponing the repair cause, and can they move the painting safely out and back. Maybe they could just cut the wall out with the painting, rebuild behind it, shore it up, then just replacing it in some artsy way? Or carefully slide boards behind it and lay it down to remove it? Either way, it’s important to give the owner his rights, but landowner rights are vital too. Plus, if the wall damage causes harm to someone later, who is liable for the injury? ** DB

“New York’s Four Seasons Restaurant Sued over Plan to move Picasso Painting”

Via FoxNews

“NEW YORK – New York’s storied Four Seasons restaurant has for decades harbored one of the city’s more unusual artworks: the largest Pablo Picasso painting in the United States. But a plan to move it has touched off a spat as sharply drawn as the bullfight crowd the canvas depicts.

Pitting a prominent preservation group against an art-loving real estate magnate, the dispute has unleashed an outcry from culture commentators and a lawsuit featuring dueling squads of art experts.

The building’s owner says Picasso’s “Le Tricorne,” a 19-by-20-foot painted stage curtain, has to be moved from the restaurant to make way for repairs to the wall behind it.

But the Landmarks Conservancy, a nonprofit that owns the curtain, is suing to stop the move. The group says the wall damage isn’t dire and taking down the brittle curtain could destroy it — and, with it, an integral aspect of the Four Seasons’ landmarked interior.

“We’re just trying to do our duty and trying to keep a lovely interior landmark intact,” says Peg Breen, president of the conservancy.

The landlord, RFR Holding Corp., a company co-founded by state Council on the Arts Chairman Aby Rosen, says a structural necessity is being spun into an art crusade.

“This case is not about Picasso,” RFR lawyer Andrew Kratenstein said in court papers. Rather, he wrote, it is about whether an art owner can insist that a private landlord hang a work indefinitely, the building’s needs be damned. “The answer to that question is plainly no.” . . . .”

“Cornelius Gurlitt and the complexities of rehoming Nazi-looted art”

by Rita Lobo via “European CEO“

A priceless haul of invaluable art thought to have been destroyed by the Nazi’s has recently been uncovered in Germany, raising questions about if and how artefacts are returned to their rightful owners or their heirs

“A priceless haul of invaluable art thought to have been destroyed by the Nazi’s has recently been uncovered in Germany, raising questions about if and how artefacts are returned to their rightful owners or their heirs

When the Bavarian customs officer searched Cornelius Gurlitt aboard a train crossing the Lindau Border in 2010, he had no way of knowing that he was about to reignite one of the fiercest cultural debates in European history. Gurlitt, the son of an important German art curator during World War II, turned out to be sitting on a veritable trove of priceless works of art thought to have been lost during or shortly after the war – a fact only discovered because police raided his home on suspicions of tax evasion.

An elderly recluse living in an affluent neighbourhood of Munich, Gurlitt had inherited from his father, Hildebrand, over 1,200 pieces the curator had acquired during the war. The story of how Hildebrand Gurlitt came to be in possession of such an array of what the Nazi’s had labelled ‘degenerate art’ – during a time when collectors were fleeing Europe in droves – is murky at best. But because Germany does not have a law preventing anyone or any institutions from owning looted art, it is unlikely that the provenance of Gurlitt’s collection matters very much, should he wish to retain it.

There is no evidence that Hildebrand, who was part Jewish, stole any . . . .”

Thousands of Artifacts Seized at Rural Indiana Home

I don’t have the whole story or all the facts. That said, if this article is true: they haven’t charged the man, there is no offered evidence as to reasonable suspicion, and there is no explanation given as to what precisely he did wrong. Instead they have taken items worth immeasurable value from a 90 year old man that will take more than his life for them to “catalog.” Just imagine the potential threat to all museums and private owners if it is considered acceptable for officials to take collections just to “verify,” without probable cause for suspicion. It’s incomprehensible. ** DB

“Thousands of Artifacts Seized at Rural Indiana Home”

by Diana Penner via “IndyStar”

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“FBI agents Wednesday seized “thousands” of cultural artifacts, including American Indian items, from the private collection of a 91-year-old Rush County man who had acquired them over the past eight decades.

An FBI command vehicle and several tents were spotted at the property in rural Waldron, about 35 miles southeast of Indianapolis.

The man, Don Miller, has not been arrested or charged.

Robert A. Jones, special agent in charge of the Indianapolis FBI office, would not say at a news conference specifically why the investigation was initiated, but he did say the FBI had information about Miller’s collection and acted on it by deploying its art crime team.

FBI agents are working with art experts and museum curators, and neither they nor Jones would describe a single artifact involved in the investigation, but it is a massive collection. Jones added that cataloging of all of the items found will take longer than “weeks or months.”

“Frankly, overwhelmed,” is how Larry Zimmerman, professor of anthropology and museum studies at Indiana University-Purdue University Indianapolis described his reaction. “I have never seen a collection like this in my life except in some of the largest museums.”

The monetary value of the items and relics has not been determined, Jones said, but the cultural value is beyond measure. In addition to American Indian objects, the collection includes items from China, Russia, Peru, Haiti, Australia and New Guinea, he said.

The items were found in a main residence, in which Miller lives; a second, unoccupied residence on the property; and in several outbuildings, Jones said. The town originally was Iroquois land.

The objects were not stored to museum standards, Jones said, but it was apparent Miller had made an effort to maintain them well. (more…)