Jul 25, 2007

Should the Getty send the Bronze to Italy?


We are approaching the deadline imposed by Italian Culture Minister Francesco Rutelli to send the "Bronze Statue of a Victorious Youth" to Italy. Rutelli has said the Getty has until the end of July to return 47 antiquities to Italy or risk a "real embargo". The Getty has announced it will return 26 of those objects, not including the bronze, but the two sides seem unable to broker a deal. In early July Rutelli announced from Fano, the Italian fishing community where the fishermen first brought the bronze ashore, that he had submitted a "final proposal for dialogue and agreement [and if no deal is done,] a real conflict will begin, a real embargo--that is, the interruption of cultural and scientific collaboration between Italy and that museum."

I'd like to summarize the reasons the Getty has refused to send the bronze to Italy, and why Italy wants the bronze to be included with the other repatriated objects. I'm curious how folks feel about this dispute. I've added an unscientific poll at the left where you can cast your vote.

Before I summarize the two arguments, I should make clear that Italy has no legal claim to the statue. They cannot file a suit and ask for the return of the object both because they cannot prove the statue was removed from Italian waters, and the statute of limitations has probably expired anyway. Rather Italy is making an ethical argument for the statue.

How the Statue Was Found:

The Bronze Statue of a Victorious Youth” is an almost life-size figure of an athlete wearing a victory wreath. The Statue was created in Greece, possibly by Alexander the Great’s Court Sculptor Lysippos, but it may have been sculpted by another. It was created sometime between the 4th and 2nd Century B.C.

In June, 1964 the Statue was recovered in modern times, by complete accident, off the northern Adriatic coast by fisherman from the Italian city of Fano. They pulled up a heavy object covered in barnacles. The most likely explanation for the find in the Adriatic is that it was taken from Greece in Roman times, and the vessel was lost at sea. A number of Greek objects were taken by invading Roman armies, the most noteworthy instance was during the fall of Syracuse. When the fisherman returned to Fano, they decided to sell the statue. The statue changed hands a number of times.

We know that Giacomo Barbetti purchased the statue from the fisherman. For a time, Barbetti and his two brothers stored the statue at the home of Father Giovanni Nagni. Barbetti then sold the statue to another man for 4,000,000 lire, not a great sum of money. It would have amounted to about $4,000. In 1966, the 3 Barbettis and Father Nagni were charged with purchasing and concealing stolen property under Italy’s 1939 Antiquities Law. The prosecution reached the Court of Appeals of Rome, however it overturned the convictions for 2 reasons (1) The prosecutors did not establish the statue came from Italian waters, and (2) there was insufficient evidence demonstrating that the statue was of “artistic and archaeological interest”. After the Barbetti’s sold the statue, the Provenance (chain of title) of the statue is a bit vague, and open to some speculation. Most likely it went through a series of owners, in an attempt to achieve a bona fide purchase at some point. It went from a Brazilian Monastery to England, and later to Munich.

In 1977, the Getty Trust purchased the Bronze for $3.95 million. It has been publicly displayed since 1978. Until 2006, Italy made no more formal requests for the Bronze, though they did ask the Getty to evaluate the possibility of returning the statue to Italy in 1989.

Italy's Claim

Italy’s claim relies on the creation of some kind of nexus between Italy’s cultural heritage and the Bronze based on the time it was brought ashore by the fishermen at Fano. Italian authorities have at various times labelled the bronze as stolen, despite the fact Italy is unable to establish the statue was found in it's own national waters, and as a result its national patrimony law will not apply. However, Italy does ban the export of antiquities, and the statue was almost certainly illicitly removed from Italy before traveling to Switzerland and Frankfurt before its sale to the Getty.

The Getty's Response

The Getty has said that Italy had no claim to the bronze once it left Italy. In fact, Italian law would shield a good-faith purchaser in this case. Italy was unable to establish the statue was found in Italian waters during the criminal prosecutions in the 1960's. Also, the Getty has argued the statue has been at the Getty far longer then it ever stayed on Italian soil.

We don't know if the Getty knew about the statue's illicit export when they bought it, or if they tried to research its provenance before the purchase. I've stated who I think has the stronger claim in the past, but I'm interested in what others may think based on the arguments put forward by both sides.

1 comment:

Unknown said...

I can understand both sides of the story, however I'm on the Getty's side. As far as I know, anything found in international waters is first come first serve. I understand that the statue was originally made in Italy, but considering it was stolen or shipped or whatever way before it was found in modern times...for all we know, the statue might have been a gift from an Italian to someone in another part of the country, etc. Either way, a country cannot/should not be able to lay claim to an item just because it was dragged onto their land from international waters, unless it is very well known that that particular piece is from their land and should stay there...say for example if somehow the Statue of Liberty or a piece of it ends up in international waters, it is well known enough to stay in America. The same goes for any art object that is a symbol for a particular country. I remain firm, at the moment, that the Getty has a right, legally, to keep the bronze statue. Maybe in the end they can reach an agreement to display it in Italy for so long and go back and forth.

Labels

"Bronze Statue of a Victorious Youth" (17) 1954 Hague Convention (12) 1972 World Heritage Convention (1) Aboriginal Heritage (1) Aboriginal Heritage Act 1988 (SA) (2) act of state doctrine (1) Admiralty Law (11) Afghanistan (10) Africa (4) Albright-Knox Gallery (3) Aleppo (2) Alfred Stieglitz (2) Alternative Dispute Resolution (1) Angkor (1) Anti-Seizure Legislation (1) antiquites (3) antiquities (337) Antiquities Act 1906 (2) Antiquities leasing (10) antiquities looting (4) antiquities smuggling (3) antiquities theft (6) ARCA (8) ARCA Annual Conference (10) ARCA MA Program (6) Archaeological Resources Protection Act (5) Archival Recovery Team (ART) (3) Archives (1) Armed Conflict (22) Arrests (79) Art and Cultural Heritage Law (1) Art Beat Constables (9) Art Crime Statistics (1) art fraud (9) art history (1) Art Institute Chicago (3) art law (1) Art Loans (9) Art Loss Register (19) Art Market (10) Art Theft (263) Artist Resale Right (1) arts funding (1) Association of Art Museum Directors (AAMD) (8) Athens (3) Auction (99) austerity (2) Australia (7) Austria (3) Authentication (3) Babylon (3) Banksy (1) Big Bend National Park (1) bilateral agreements (2) Black Hills (1) Bolton Forgers (4) Book Theft (3) Brazil (5) British Museum (13) Bronze (5) Bronze Statue of a Victorious Youth (1) Brueghel (1) Bruno Lohse (3) Brussels (1) Bührle Collection Theft (4) Bulgaria (4) Burke and Wills (2) Burns Mummies (1) Byzantine Artifacts (4) Cairo (1) Cairo art theft (2) California Raids (6) Caligula (1) Cambodia (11) Camille Pissarro (7) Carabinieri (6) Caravaggio (1) catalogue raisonné (1) Cellini Salt Cellar (2) Central Park (1) Cerveteri (1) Chance Finds (3) Charles Goldie (1) Chihuly Glass (1) China (16) Christie's (14) Church Thefts (6) Civil War (2) Claude Monet (4) Claudia Seger-Thomschitz (3) Cleveland Bronze Apollo (2) Cleveland Museum of Art (CMA) (5) Coins (7) Colonial Art (1) Columbia (1) Conferences (7) Conservation (1) Conventions (1) Copyright (5) Corot (1) Corrections (1) cosmpoplitanism (4) Costa Rica (2) CPIA (10) criminal charges (5) criminology (1) Crystal Bridges Museum (5) Cultral Property Advisory Committee (9) Cultural First Aid (2) cultural heritage (6) cultural heritage careers (2) Cultural Heritage Moot Court Competition (2) Cultural heritage movement (1) cultural justice (3) cultural policy (18) cultural property (4) Cultural Resource Management (1) cultural security (1) culture funding (1) curatorial theft (2) Cycladic Figurines (1) Cyprus (9) Dahshour (1) Dallas Museum of Art (DMA) (2) Database (5) Databases (4) DCMS (2) Deaccessioning (24) Dead Sea Scrolls (1) Dealing in Cultural Objects (Offences) Act 2003 (4) Declaratory Suits (4) Demand and Refusal (2) Design and Artists Copyright Society (1) Detroit Institute of Art (1) development (1) Dick Ellis (2) Diplomatic Bags (1) Doctrine of Discovery (3) Donald Trump (3) Donny George Youkhanna (2) Dr. No (6) Droite de Suite (2) Dubai (1) due diligence (5) eBay (5) Economics (1) Ecuador (1) Edgar Degas (2) Edinburgh (1) Edoardo Almagia (1) Edvard Munch (2) Egon Schiele (4) Egypt (55) El-Hibeh (2) Elgin Marbles (5) empirical studies (1) England (4) environmental justice (4) Environmental law (2) Erik Nemeth (1) Etruscans (2) Euphronios Krater (4) European Court of Human Rights (1) Export Restrictions (19) Fakes (6) FBI (16) FBI Art Crime Team (16) Festivus (1) Fifth Circuit (1) fire (1) Fisk University (3) Footnotes (59) force multiplier (1) Foreign Sovereign Immunities Act (FSIA) (6) forfeiture (13) Forgery (27) fossils (2) Four Corners Antiquities Investigation (11) fractional ownership (2) Francavilla Marittima (1) France (30) Francesco Rutelli (15) Frans van Mieris (2) Frederick Schultz (3) freedman's town (2) Gaza (1) George Grosz (1) Georgia (1) Georgia O'Keeffe (2) Germanicus (2) Germany (16) Getty (1) Ghent Altarpiece (1) Giacomo Medici (6) Gianfranco Becchina (1) Golf (3) good faith (3) Goya (3) Goya theft (4) graffiti (1) Greece (38) Grosz (1) Henri Matisse (1) Henry Moore (1) Heritage at Risk (1) heritage crime (1) Heritage Crime in Art (1) Hermitage (2) High Court in London (4) historic documents (1) Historic Landmark (1) historic preservation (1) historic weapons (1) Holocaust (Return of Cultural Objects) Act (2) Hopi (1) House of Commons Illicit Trade Advisory Panel (ITAP) (1) Houston (2) Howard Spiegler (2) Human Remains (5) Human Rights (1) Hungary (1) Identification (1) illicit excavation (1) Immigration and Customs Enforcement (16) Immunity (6) Immunity from Seizure Act (ISA) (3) import restrictions (3) in the media (7) Indemnity (1) Indianapolis Museum of Art (5) indictments (5) Indigenous Rights (2) Indonesia (1) injunctions (1) Insider Theft (2) Institute d'Egypte (1) Institute of Art and Law (1) Institutional theft (1) Intellectual Property (4) Intentional Destruction (6) International Criminal Court (ICC) (1) International Journal of Cultural Property (1) internationalism (4) INTERPOL (1) Interview (2) Interviews (2) Iran (8) Iran v. Barakat Galleries Ltd. (6) Iran v. Berend (3) Iraq (46) Isabella Stuart Gardner Museum (7) Islamic art (2) Israel (4) Istanbul (2) Italian Art Squad (5) Italian Culture Ministry (6) Italy (122) Jacques Goudstikker (4) James Ossuary (1) Jan Breugel the elder (2) Jan van Eyck (1) Japan (3) Jeanneret v. Vichy (1) Jeff Tweedy (1) Jenack v. Rabizadeh (1) JMW Turner (2) John Constable (1) Jonah Marbles (1) Jonathan Tokeley-Parry (1) Jordan (2) Joseph Farquharson (2) Journal Articles (1) Journal of Art Crime (1) Ka-Nefer-Nefer (9) Kansas (2) Kansas City (1) Kazimir Malevich (3) Kenya (1) Kingsland (3) Klimt (3) Koh Ker (6) Konowaloff v. Metropolitan Museum of Art (1) Kunsthal Museum Theft (2) La Dea Di Morgantina (6) Lawrence Kaye (1) Lebanon (1) Leonardo Da Vinci (9) Leopold Museum (1) Lewis Chessmen (5) lex originis (3) lex situs (5) Libya (2) Lincoln's Inn theft (1) Lithographs (1) loans (5) London (6) London Art and Antiques Unit (7) London Metropolitan Police (2) loot (1) looting (30) Los Angeles County Museum of Art (LACMA) (2) Los Angeles Museum of Contemporary Art (MOCA) (1) LS Lowry (3) Lucas Cranach (1) Lucas Cranach the Elder (3) Lucian Freud (1) Macedonia (1) Machu Picchu (12) Madonna of the Yarnwinder (recovery) (9) Mali (4) Malta (1) Manchester (2) manuscript (1) Maori (2) maps (2) Marc Chagall (1) Marion True (25) Mark Landis (1) market overt (1) Mausoleum at Helicarnassus (1) Max Stern (3) Maxwell Anderson (3) metal detecting (6) Metropolitan Museum of Art (the Met) (29) Mexico (9) Meyer de Haan (1) MFA Boston (6) Michael Brand (3) Michael C. Carlos Museum (1) Michael Steinhardt (2) Middle Eastern Geodatabase for Antiquities (MEGA) (1) Minneapolis Institue of Arts (MIA) (1) Moctezuma's Headdress (1) Modigliani (2) MoMA (4) Mondrian (1) Monet (3) Montreal Museum of Fine Art (2) Monument Men (5) Monuments Men (1) Moral Rights (3) Morgantina (2) Morgantina Aphrodite (9) Morgantina Treasure (1) Moscow (2) Musée d'Art Moderne theft (1) Museum Acquisitions (1) Museum Governance (1) Museum of Anatolian Civilizations (1) Museum of Fine Arts in Boston (6) museum security (2) museum theft (2) Museums Libraries and Archives Council (MLA) (1) Music (2) Myth (1) Napoleon III (1) National Academy (2) National Archaeological Museum in Naples (1) National Archives (3) National Gallery (Washington) (1) National Historic Preservation Act (2) National Stolen Property Act (8) nations of origin (5) Native American Graves Protection and Repatriation Act (8) Native Americans (17) native cultures (2) Nazi Spoliation (74) Neglect (1) Neil Brodie (1) Nelson-Atkins' Bloch Building (1) Netherlands (10) New Acropolis Museum (3) New Orleans (4) New York (6) New Zealand (7) Nigeria (1) nighthawking (3) Noah Charney (1) Norbert Schimmel (1) Norman Palmer (1) Norman Rockwell (2) Norway (4) NSPA (1) Nuclear Analytical Techniques (1) Odyssey Marine Exploration (23) Olympics (2) Omaha Nebraska (1) Organized Crime (1) Orphaned Works (2) Oskar Kokoschka (2) Oslo (1) Pablo Picasso (16) Pakistan (2) Palestine (3) Panama (1) Paolo Ferri (2) Paris (10) partage (1) Parthenon Marbles (17) Patents (1) Patty Gerstenblith (1) Paul Bator (2) Paul Cezanne (5) Paul Gauguin (4) Pazardzhik Byzantine Silver Hoard (1) Penn Museum (1) Pentagon (1) Pere Lachaise (1) Persepolis (3) Peru (24) Peru Headdress (1) Peter Watson (1) Philadelphia (7) Phillipines (1) Picasso (9) Pierre Le Guennec (1) Pierre Valentin (1) piracy (1) Pollock (1) Pompeii (3) Popular Culture (1) Portable Antiquities Scheme (25) Portrait of Wally (11) Poussin (1) pre-Columbian antiquities (2) pre-emptive archaeology (1) Prince Claus Fund (1) Princeton (4) Private Collectors (2) Private International Law (5) Proceeds of Crime Act 2002 (UK) (1) Prosecutions (7) provenance (13) Prussia (1) Public Art Theft (5) Public Trust (1) Publications (2) Quran (1) Radio (2) Ransom (2) realkulturpolitik (1) recovery (45) Rembrandt (2) Rene Magritte (2) Renoir (2) Renvoi (3) repatriation (121) Restitution (40) reward (1) Rhodes (1) Robert Hecht (8) Robin Symes (1) Rodin (2) Roger Atwood (1) Roman Objects (2) Rome (3) Rothko (1) Royal Academy (1) Rubens (3) Rubin v. Islamic Republic of Iran (2) Russia (11) Sale of "The Cello Player" (1) Sale of the "Gross Clinic" (11) Sale of the Stieglitz Collection (4) Salvage (1) Sao Paulo (2) Sao Paulo Museum of Art (3) Scheduled Ancient Monuments (1) Scholarship - Articles and Essays (57) Scholarship - Book Reviews (3) Scholarship - Books (12) Scholarship - Case Notes (1) Scholarship - Events and Conferences (55) Scholarship - Journal Articles (12) Scholarship - Student Papers (16) Scotland (7) Scotland Yard's Arts and Antiques Squad (1) scrap metal (1) Sculpture (2) security (4) seizure (16) Selling stolen art (1) seminars (1) semiotics (1) Sentencing (2) Serbia (1) settlement (1) Sevso Treasure (6) Shelby White (3) shipwreck (1) Sicily (4) Simon Mackenzie (2) Sisley (4) Slovakia (1) Smithsonian (4) Solomon R. Guggenheim (1) Sonic Fingerprints (1) Sotheby's (13) Sotheby's Paris (1) South Africa (1) South America (1) Spain (21) Spoliation (2) Spoliation Advisory Panel (8) St. Louis Art Museum (8) St. Ninian's Isle Treasure (3) Stair Gallery (2) State Department (2) Statue of a Victorious Youth (1) statute of frauds (1) Statutes of Limitations (10) Stephane Breitwieser (1) Stephen Colbert (1) Steven Spielberg (1) stewardship (2) Stolen Art (11) Stone Age (1) street art (1) study collections (1) Summer Palace Bronzes (7) Sweden (2) Switzerland (13) Syria (7) Taliban (1) Tennessee (3) The Art Fund (1) The Bowers Museum (1) The Discovery Rule (4) the fourth ward (1) The Getty (58) The Gross Clinic (1) The Guggenheim (2) The Holocauset (stolen art) restitution bill (2) the Louvre (2) The Menil (4) The National Gallery (1) The National Gallery (London) (2) the Pirate Party (1) The Scream (1) theft (2) Thomas Eakins (9) Thomas Jefferson (1) Timbuktu (2) Titian (1) Toledo Museum of Art (4) tombaroli (2) tourism (1) transparency (1) Traprain Law (1) Traveling Exhibitions (2) Treasure Act (4) treasure trove (3) Turkey (11) UCC (1) Ukraine (2) UN (2) Underground Salt Museum (1) Underwater Cultural Heritage (32) Underwater Sites - "Black Swan" (3) Underwater Sites - "Blue Baron" (1) Underwater Sites - HMS Victory (3) UNESCO (23) UNESCO Convention (24) UNESCO Convention on the Protection of Underwater Cultural Heritage (9) UNIDROIT Convention (2) United Kingdom (24) United States (12) University College London (1) University of Chicago (1) University of Guelph (1) University of Virginia (3) urban development (1) Van Gogh (7) Vandalism (4) Vatican (1) Vermeer (2) Victoria And Albert Museum (3) Vigango (3) viking (1) Villa Giulia (3) Vineberg v. Bissonnette (4) Visual Artists Rights Act (2) voluntary returns (1) Von Saher v. Norton Simon Museum of Art at Pasadena (3) Watts Towers (1) Waverley Criteria (10) Week in Review (3) West Bank (1) wikiloot (1) Wilco (1) William S. Burroughs (1) Windsor Antiquities Indictment (1) World Heritage Sites (1) World War II (11) Yale University (13) year in review (2) Zahi Hawass (9)

LinkWithin

Related Posts Plugin for WordPress, Blogger...