Statute of Limitations - Provenance Research

This article fits very nicely with the today's earlier post on the suit against Christie's. The author of the Christie's article states the importance of provenance research for potential return to rightful owners or heirs. This post reviews an alternative opinion. Norman Rosenthal of The Art Newspaper is advocating a statute of limitations on stolen works of art. Particularly the art stolen by the Nazis, although Rosenthal also makes a case that looted antiquities should have a statute of limitation as well. Rosenthal believes that provenance research on stolen artwork has been producing strong results for years, and the results are benefiting those removed by several generations and possibly harming the institutions who have to pay restitution.

This is a difficult topic to cover, and Rosenthal certainly goes right to the edge of political correctness, perhaps beyond. He states Since the late 1990s there has been a strong push towards provenance research of collections and museums, and restitution of items that were looted or taken by the Nazis during their period of power in Europe from 1933 to 1945. This process has been ongoing for ten years, and the items in question have often been claimed by people distanced by two or more generations from their original owners.

Rosenthal makes the case that many of these great stolen works of art are taken out of museum and put into private collection of the rich. In doing so, the public does not get to enjoy the arts beauty and cultural statements. Rosenthal continues There is much market-driven hypocrisy buried within the subject of restitution. The art market encourages restitution from museums, which is particularly cynical and unpleasant—it is well known that lawyers and auction houses are trying to drum up trade in this way. Auction houses, the trade and the high value of works of art all have legitimate functions, but this kind of provenance activity does not reflect well on the world of art.

There should now surely be a statute of limitations on this kind of restitution. If we were still in 1950 and the people who owned the Manet or the Monet were still alive, then it would surely be correct to give these paintings back, but not now and not to grandchildren and great-grandchildren. The world should let go of the past and live in the present. Of course, the best of the past needs to be looked after, but we should not be overly obsessive about the worst of the past—it is not useful either to individuals or society as a whole.

Should you agree with Rosenthal or not, it is a very interesting and thought provoking article. Since provenance is such a large portion of appraisal research, the article is will worth reading, and contemplating. I highly recommend reading the article. Proper debate and discussion of sensitive subjects such as provenance research, stolen art and the scholarship is a very worthwhile and mentally stimulating endeavor . Click HERE to read.