Art Law Report

Gurlitt Collection May be Displayed Next Year, Real Progress Still Elusive as Focus Remains on Public Relations

Posted by Nicholas O'Donnell on October 13, 2015 at 7:43 AM

After months of relative inactivity, there was news this week in the saga of Cornelius Gurlitt, the reclusive German man from whose apartments in Munich and Salzburg more than 1,280 objects were seized as part of a tax investigation, objects that came under suspicion of Nazi looting because of the privileged position held by his father Hildebrand Gurlitt. Unfortunately, the latest news continues a string of public relations efforts that bespeak no real progress as we approach the second anniversary of the public awareness of the story. Quite unlike the plaudits that were thrown around by many last year (though not by us) concerning Germany’s agreement with Gurlitt’s named heir, the reaction has been appropriately skeptical this time.

Read More

Topics: cultural property, Sepp Dürr, Schwabinger Kunstfund, Hildebrand Gurlitt, Art Hall of the Federal Republic of Germany, Cornelius Gurlitt, Bonn Minister of Culture, Nazi-looted art, Gurlitt Collection, Entartete Kunst, Munich, World Jewish Congress, Salzburg, Restitution, Müncher Kunstfund, Der Spiegel, World War II, Task Force, Kunstmuseum Bern, Museums, Monika Grütters, Raubkunst, Green Party, Kunsthalle der Bundesrepublik Deutschland, Ronald Lauder

The Woman in Gold: Why the Altmann Case Matters

Posted by Nicholas O'Donnell on April 10, 2015 at 6:35 AM

The release last week of The Woman in Gold, the feature film adaptation of The Lady in Gold by Anne Marie O’Connor, starring Helen Mirren and Ryan Reynolds as Maria Altmann and her attorney E. Randol Schoenberg, respectively, as well as Tatiana Maslany as the younger Altmann and Daniel Brühl as Austrian journalist Hubertus Czernin, is an important opportunity to reflect on the legal importance of the case. Even today, the case provides lessons about the way some victims are still treated, and how one individual can make sure the past is never forgotten. The looting of Jewish art collections was a concerted effort whose prominence should never be forgotten. And perhaps even more, it robs those who did survive of the dignity of remembering their family experiences. Consider: the next time you gather with your extended family, look around the room. Pick something that you’re accustomed to seeing when the family meets. Now, imagine it had been stolen or surrendered under duress, and was hanging on the wall of a national collection that denied it had been taken. How would you feel? This is the dilemma faced by many claimants, and it is precisely why Altmann matters so much.

Read More

Topics: Maria Altmann, The Lady in Gold, Adele Bloch-Bauer, Guelph Treasure, The Woman in Gold, Daniel Brühl, Germany, Nazi-looted art, Academy of Fine Arts, Foreign Sovereign Immunities Act, Hitler, Tatiana Maslany, Anne Marie O’Connor, Supreme Court, A Few Good Men, Belvedere, E. Randol Schoenberg, World Jewish Congress, Stiftung Preussischer Kulturbesitz, Ryan Reynolds, FSIA, expropriation exception”, Restitution, Neue Galerie, World War II, Foreign Sovereign Immunities, Switzerland, Ferdinand Bloch-Bauer, Helen Mirren, Museums, Fritz Altmann, Gustav Klimt, Vienna, Welfenschatz, Hubertus Czernin, Ronald Lauder, Austrian National Gallery

Lauder Wall Street Journal Nazi-Looted Art Editorial, Art Law Report Post, and the Response: Some Clarification and Context

Posted by Nicholas O'Donnell on July 18, 2014 at 5:32 AM

Two weeks ago, we posted an article entitled “Lauder Editorial on Stolen Art Fails the Glass House Test.” The metaphor was not intended to be complicated: it seemed inconsistent, to put it politely, for the honorary board chairman of a museum that has resisted restitution claims by asserting, for example, the statute of limitations and the laches defense, now to say that museums that do just that are “immoral.” Ultimately, we posited that restitution decisions are complicated and hard. It seemed an open question for example as to what, exactly, Ronald S. Lauder’s editorial "Time to Evict Nazi-Looted Art From Museums" was designed to draw attention. Right on cue, another article appeared calling for the return of the Camille Pissarro in the Thyssen-Bornemisza Foundation museum in Madrid (Rue St. Honoré, effet de pluie) claimed by the heirs of Lilly Cassirer. It is clear that the June 30, 2014 Art Law Report raised more than a few hackles, but we welcome discussion and criticism. An exchange of ideas is what we are here to foster, after all. In the end, however, some clarification shows that there is not really a disagreement here, but rather that the response highlights frustration with civil law countries' treatment of stolen art.

Read More

Topics: Cristoph Bernoulli, Ronald S. Lauder, La bérgère, Norton Simon Museum, Paul Mendelssohn-Bartholdy, Jr. Museum of Art, Holocaust Art Restitution Project, Washington Conference Principles on Nazi-Confiscat, American Alliance of Museums, Fred Jones, University of Oklahoma, David Findlay Jr. Gallery, Judge Colleen McMahon, MoMA, Plundered Art, specific jurisdiction, Madame Soler, N.Y. Civ. P. Law & Rules § 301, Adam, general jurisdiction, AAM, Museum of Modern Art, World Jewish Congress, Restitution, Marei Von Saher, Mendelssohn-Bartholdy, David Findlay Galleries, N.Y. Civ. P. Law & Rules § 302, Free State of Bavaria, Wall Street Journal, World War II, Switzerland, Pinakothek der Moderne, Leone Meyer, Lucas Cranach the Elder, Portrait of Wally, Freistaat Bayern, Weitzenhoffer, Camille Pissarro, Pablo Picasso, AAMD, Association of Museum Directors, Eve, New York, Time to Evict Nazi-Looted Art From Museums

Lauder Editorial on Stolen Art and Museums Fails the Glass House Test

Posted by Nicholas O'Donnell on June 30, 2014 at 11:11 AM

The Wall Street Journal published an editorial today by Ronald S. Lauder entitled “Time to Evict Nazi-Looted Art From Museums.” Lauder, the one-time U.S. Ambassador to Austria, current President of the World Jewish Congress, and Honorary Chairman of the Board of Trustees of the Museum of Modern Art in New York, is a frequent commentator on questions of stolen art. He was, for example, a reliably-available quote on the Gurlitt affair: on Germany’s steps to deal with it (or criticism for Germany’s action) and the question of stolen art in German museums. But a prominent case several years ago involving a museum with which Lauder himself is involved suggests that perhaps over-simplification is not the answer.

Read More

Topics: Ronald S. Lauder, La bérgère, Norton Simon Museum, Gurlitt affair, Paul Mendelssohn-Bartholdy, Florence Kesselstatt, Judge Jed Rakoff, Julius Schoeps, Washington Conference Principles on Nazi-Confiscat, Germany, University of Oklahoma, Monuments Men, David Findlay Jr. Gallery, MoMA, Adam, Museum of Modern Art, Edelgard von Lavergne-Peguilhen, World Jewish Congress, Boy Leading a Horse, Restitution, Marei Von Saher, Wall Street Journal, World War II, Lucas Cranach the Elder, Portrait of Wally, Camille Pissarro, Le Moulin de la Galette, U.S. Ambassador to Austria, Pablo Picasso, Museums, New York Times, Eve, New York, Time to Evict Nazi-Looted Art From Museums

About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities.

Meet the Editor

Learn more about our Art & Museum Law practice

Subscribe to Blog

Recent Posts

Posts by Topic

see all