Friday 8 September 2023

"To safeguard yourself from such situations, diligent research and thoroughness are imperative".

 That we still need more articles like this is thought-provoking:  Matthew Erskine, 'Do The Right Thing: Returning Looted or Stolen Art (and How Not to Buy It in the First Place)' Forbes Sep 7, 2023

Sadly part of the reason for that is poor writing like this:
There are several common indications that an artwork might be stolen or looted. First, if the artwork lacks a clear provenance or ownership history, it raises a red flag. Second, if the artwork has been unlawfully removed from a museum, church, or archaeological site, it should be approached with caution. Third, if the artwork has been illegally exported from its country of origin, there is cause for concern. Fourth, if the artwork has been sold or offered for sale by an untrustworthy dealer, it is wise to exercise prudence. Lastly, if the artwork appears on a stolen art database, such as Art Recovery Group's Art Claim, it is important to proceed with thorough verification of its ownership history before making a purchase.
The first is an indication, the other four are not (the fourth does not work if this "artwork" is a clandestinely- excavated antiquity).

A lot of the rest is the usual art-market fluff (author describes himself as " a trusts and estates attorney writing on estate and tax planning"). The list of recommendations is all over the place and the suggestions overlap, it reads as if it were written on the back of an envelope in a pub, with other people around the table excitedly offering their suggestions:
"Before purchasing a piece of artwork, it is crucial to conduct thorough research into its provenance. Consider the following steps:
- Examine the artwork's ownership history, exhibition history, and publication history.
- Verify the ownership history of the artwork before making a purchase.
- Review exhibition catalogs to determine if the artwork was featured in any gallery or museum exhibitions.
- Utilize resources like the International Foundation for Art Research (IFAR) Provenance Guide, which serves as a valuable starting point for provenance research.
- Cross-reference any information found, as resources can be inaccurate or forged.
- Consult stolen art databases, such as Art Recovery Group's Art Claim, to check if the artwork appears on any registries.
- Collect relevant information about the artwork, including the artist's name, title, and any applicable export or import licenses.
- For high-value art, consider hiring a provenance researcher to conduct a thorough investigation into the artwork's history.
- Researching the provenance of artwork can be challenging, as records may have been lost or destroyed over time.
However, conducting due diligence is crucial to ensure that the artwork is not stolen or looted, particularly for high-value pieces or those of significant artistic merit".
(why "however" given the content and title of this article?).

3 comments:

Brian Mattick said...

Smells of AI

Paul Barford said...

Actually, now you've pointed it out, it does!

Paul Barford said...

Chat GPT:
Can you write something on the subject: "Returning Looted or Stolen Art (and How Not to Buy It in the First Place)"

ChatGPT
"Title: Returning Looted or Stolen Art (and How Not to Buy It in the First Place)

Introduction

The world of art is a treasure trove of cultural heritage and creativity. However, it has also been marred by a dark underbelly – the illegal trade in looted or stolen art. Artworks taken from their rightful owners during times of conflict, theft, or illicit dealings often find their way into galleries, auctions, and private collections. This article explores the importance of returning looted or stolen art to its rightful owners and offers guidance on how to avoid inadvertently purchasing such artwork in the first place.

The Moral Imperative of Returning Looted Art

Restoring Cultural Heritage:
Artworks are not just aesthetic objects; they carry the stories, traditions, and cultural identities of nations and communities. When art is looted or stolen, it is often stripped of its cultural context, making it essential to restore these items to their rightful place.

Healing Wounds of History:
Many art pieces were taken under tragic circumstances, such as during wars or colonialism. Returning these stolen artworks can serve as a step toward reconciliation, acknowledging the past, and fostering a sense of justice.

Legal and Ethical Obligations:
International conventions and laws, such as the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, oblige nations to cooperate in returning stolen art to its rightful owners.

How Not to Buy Stolen Art

Verify Provenance:
Always inquire about the provenance, or the documented history of ownership, of the artwork you intend to purchase. A lack of provenance or suspicious gaps in ownership history can raise red flags.

- Research Ownership History:
Investigate the history of the artwork to ensure it was not illegally acquired or stolen. Resources like the Art Loss Register and INTERPOL's databases can help you cross-check the artwork's history.

- Consult Experts:
Art experts, appraisers, and historians can provide valuable insights into the authenticity and history of a piece. Seeking their opinion can help you avoid purchasing stolen art.

- Be Cautious of Bargains:
Beware of deals that seem too good to be true. Stolen art is often sold at prices lower than market value to quickly change hands and avoid detection.

- Purchase Through Reputable Dealers and Auction Houses:
Buying art through established, reputable galleries, dealers, and auction houses reduces the risk of acquiring stolen art. These entities often have strict due diligence processes in place.

- Ask for Documentation:
Request documents like bills of sale, export licenses, and certificates of authenticity. Legitimate sellers should be able to provide these documents to prove the art's legality.

Conclusion

The return of looted or stolen art is not only a matter of justice but also a means to safeguard our shared cultural heritage. As art enthusiasts and collectors, we have a responsibility to ensure the artworks we purchase have a legitimate and ethical history. By following due diligence and seeking expert guidance, we can contribute to the preservation of the art world's integrity and, in some cases, help right historical wrongs by returning stolen treasures to their rightful owners".

 
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