With the benefit of (a little) time after the initial announcement that the Kunstmuseum Bern had agreed to accept the inheritance of Cornelius Gurlitt, more information has become available about the agreement with Germany and Bavaria that paved the way for the museum’s decision.
The Kunstmuseum Bern’s Agreement to Accept Gurlitt Inheritance—Analysis and Lingering Issues
Topics: Hildebrand Gurlitt, Cornelius Gurlitt, Gurlitt Task Force, YouTube, Gurlitt Collection, Christoph Schäublin, Salzburg, Gurlitt, Restitution, Bavaria, World War II, Erklärung der Bundesregierung der Länder und der k, Kunstmuseum Bern, Washington Principles, Museums, Monika Grütters, Washingtoner Einkommen
Kunstmuseum Bern Accepts Appointment as Cornelius Gurlitt's Heir, Agreement with Germany
As expected, the press conference today in Berlin held by the Kunstmuseum Bern along with German officials announced that the museum has decided to accept the appointment as Cornelius Gurlitt's heir. As we surmised, the decision was accompanied by an agreement concerning the Nazi-looting suspicions that have followed the one time collection of his father Hildebrand Gurlitt. Hildebrand was one of a select few art dealers authorized during the Nazi regime to sell what the authorities deemed "degenerate art" (see link above for more background).
Topics: Swiss Info, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Monopol, Nazi-looted art, Gurlitt Collection, Entartete Kunst, Willbald Gurlitt, Restitution, Bavaria, Der Spiegel, Wall Street Journal, World War II, Degenerate Art Action, degenerate art, beschlagnahmte Kunst, Kunstmuseum Bern, Münchner Kunstfund
Gurlitt Relatives Formally Challenge Will that Named Kunstmuseum Bern as Heir
When we wrote yesterday that everything had been said before seeing how the press conference plays out on Monday at which the Kunstmuseum Bern and Germany will make an announcement, it was somewhat tongue in cheek. Today provides an example why: relatives of Cornelius Gurlitt, who would be his heirs at law in the absence of the will that named the Kunstmuseum Bern as his heir, formally announced a challenge to that will today in a Munich court.
Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Monopol, Uta Werner, Nazi-looted art, Gurlitt Collection, Dietrich Werner, Entartete Kunst, Munich, Willbald Gurlitt, Restitution, Bavaria, World War II, Degenerate Art Action, Helmut Hausner, degenerate art, beschlagnahmte Kunst, Kunstmuseum Bern, Museums, Münchner Kunstfund
Gurlitt and Kunstmuseum Bern Press Conference in Berlin Monday November 24, 2014
The federal government of Germany, the Bavarian Ministry of Culture, and the Kunstmuseum Bern announced today that they will hold a joint press conference on Monday November 24, 2014 concerning the bequest by Cornelius Gurlitt to the Swiss museum when he died. It seems hard to imagine that such an event would announce anything other than acceptance by the museum and perhaps some sort of side agreement with Germany and/or Bavaria.
Topics: Swiss Info, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Monopol, Nazi-looted art, Gurlitt Collection, Entartete Kunst, Willbald Gurlitt, Restitution, Bavaria, Der Spiegel, Wall Street Journal, World War II, Degenerate Art Action, degenerate art, beschlagnahmte Kunst, Kunstmuseum Bern, Münchner Kunstfund
Expert Opinion Casts Doubt on Gurlitt’s Testamentary Capacity to Make the Will that Names the Kunstmuseum Bern as Heir
While we have tried to read the tea leaves and predict what the Kunstmuseum Bern will do on or before November 26 (the deadline to accept or reject the appointment as Cornelius Gurlitt’s heir)—and what others might do if the museum turns it down, less prominent has been the validity of the will in question itself. It is far from a forgone conclusion, however, that his last-minute will would hold up under scrutiny. The circumstances alone—an elderly person, under enormous international scrutiny, placed under a guardianship—beg the question.
Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Nazi-looted art, Gurlitt Collection, Restitution, testamentary capacity, World War II, Kunstmuseum Bern, Münchner Kunstfund
If the Kunstmuseum Bern Says No: Gurlitt Heirs Discuss Plans if They Inherit Schwabing Trove
As the November 26, 2014 deadline approaches by which the Kunstmuseum Bern must accept or reject the appointment as Cornelius Gurlitt’s heir and the bequest of the paintings seized by the Bavarian government on suspicions of Nazi-looting concerns (as well as those in other countries that were not seized), most observers expect the museum to accept the appointment, albeit perhaps with some side agreement with the German government. But what if the museum says no? Reports floated this week of what Gurlitt’s heirs-at-law might do in that event.
Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Monopol, SZ, Nazi-looted art, Gurlitt Collection, Entartete Kunst, Willbald Gurlitt, Restitution, Bavaria, World War II, Degenerate Art Action, degenerate art, beschlagnahmte Kunst, Kunstmuseum Bern, Münchner Kunstfund
Full Ninth Circuit To Rehear “Innocence of Muslims” Copyright Appeal, Could Right Earlier Panel's Error
Fresh on the heels of accepting en banc review of the appeal over the constitutionality of the California Resale Royalties Act, the Ninth Circuit Court of Appeals has decided to rehear Google’s appeal of the injunction against it after actress Cindy Lee Garcia claimed a protectable copyright in her performance of “Innocence of Muslims.” While, as before, one should hesitate to read too much into the mere fact of en banc review, the three-judge panel under review now stands a good chance of being overturned (as it should).
Topics: Copyright Act, en banc, Libya, Youssef, YouTube, Innocence of Muslims, prior restraint, 17 U.S.C. § 106, Copyright, First Amendment, Cindy Lee Garcia, Fair Use, Google, Benghazi, work for hire
Art Finance And Law Conference Series in London and Geneva
A terrific pair of events organized by the Art Law Foundation in Geneva has been accounced. As the Foundation describes it:
The aim of the series is to examine the growing practice of art investments, and the use of art as an investment asset. Various top speakers from academia and practice will explore securitisation of art as an asset, the differences between art funds and hedge funds, the peculiarities of the portfolio and fund management, the different types of loans against art collateral, and the risks and rules for art investments.
Topics: William Pearlstein, Art Finance, Sotheby’s Financial Services, Philip Hoffman, Emigrant Bank Fine Art Finance, Tim Hunter, Art Business and Research Unit at Sotheby’s Instit, Art Law Foundation, London, Melanie Gerlis, David Arendt, The Art Newspaper, Geneva, Oblyon Art Business Intelligence, Paul Aitken, Marco Mercanti, Falcon Fine Art, Events, Sebastian Fahey, Stefanie Berloffa-Spadafora, Anna Dempster, borro, Li Jun Xian, The Luxembourg Freeport, Fine Art Fund Group, Art Finance And Law Conference Series
Reports that Gurlitt Task Force May Not Meet Deadline—What Happens Then?
There were reports over the weekend that the Gurlitt Task Force, currently reviewing the provenance of more than 900 of the 1,280 works of art seized from Cornelius Gurlitt’s apartment, may not complete that review within the year reportedly set out in the agreement between Bavaria and Gurlitt before he died. There is still confusion about whether the Task Force was indeed foreshadowing a missed deadline (the agreement was in April, so the notion that the review would continue “into 2015” is not necessarily inconsistent with completing its task within one year), but assuming it was, what happens then?
Topics: Focus, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Gurlitt Task Force, Nazi-looted art, Gurlitt Collection, Foreign Sovereign Immunities Act, Commission for Looted Art in Europe, Entartete Kunst, Anne Webber, Restitution, Der Spiegel, World War II, degenerate art, Kunstmuseum Bern, verschollene Kunst, Münchner Kunstfund
BREAKING-Detroit Plan of Adjustment Approved, Judge Praises Decison Not to Sell DIA Collection
Judge Rhodes has approved the plan of adjustment for Detroit to emerge from bankruptcy. More analysis to come, but most critically for our purposes it affirms the Grand Bargain and the security of the collection of the Detroit Institute of Arts. We'll post the full opinion when it's published, but notably, Nathan Bomey at the Detroit Free Press reported from the courtroom that Judge Rhodes praised the decision not to sell the DIA collection: "Maintaining the art at the DIA is critical to maintaining the feasibility of the city's plan of adjustment and the city's future."
Topics: Judge Rhodes, Detroit, Detroit Institute of Arts, Bankruptcy, Detroit Free Press, Detroit Bankruptcy


