Nativity scenes – or depictions of the Holy Family, angels and shepherds adoring the newborn Jesus – are common in Christian iconography, particularly during the Christmas season. Italian churches often commemorate the holiday with elaborate nativity scenes, or presepe, populated with dozens of figures from everyday life. In Naples, the tradition has extended to include celebrities and world leaders in addition to villagers and shopkeepers. One local craftsman even makes his presepe out of pizza dough. The world’s first nativity scene is attributed to Saint Francis of Assisi. He staged his production, in 1223, in a cave near Greccio, Italy. Saint Francis is said to have been inspired during a pilgrimage to the Holy Land where he visited Jesus’s traditional birthplace. Once back in Italy, he sought to direct the celebration of Christmas away from gift giving back to the worship of Christ. His presepe used live actors and farm animals to recreate the now famous biblical scene. The world’s first live nativity scene was an instant success, receiving the blessing of Pope Honorius III.
Elaborate Presepe, courtesy of Evelyn Dungca
Thereafter, nativity scenes became widely popular, becoming a staple in every Italian church within a hundred years. As statues began to replace live actors, nativity scenes attracted notable collectors such as Charles III, King of the Two Sicilies, who helped spread their popularity internationally. Many nations have since adopted their own unique style of nativity, including hand-painted santons in Provence, France; hand-cut wooden figures in Austria and Germany; intricate szopka in Poland; and inclusion of a Caganer (a defecating figure) in nativity scenes in Catalonia, Spain. A tradition emerged in England to eat a mince pie in the shape of a manger during Christmas dinner, a practice which was eventually outlawed by Puritans in the 17th century, calling them “Idolaterie in crust.” Despite this temporary prohibition, nativities are now found throughout the world, in locations ranging from religious institutions to shopping malls, and whose inclusion on public land has even sparked legal controversy in the U.S. Some reoccurring nativity scenes, such as the Vatican’s annual production in St. Peter’s Square and the Metropolitan’s baroque nativity scene in its Medieval Art section, have become famous in their own right. In contrast to these large-scale pieces of pageantry, painted depictions of the nativity are usually placed in an intimate setting and invite the viewer to engage in contemplation.
In honor of the Christmas holiday, we also examine the magnificent painting Nativity with Saints Lawrence and Francis by Italian Baroque artist Michelangelo Merisi da Caravaggio. The work was painted in 1609 in Palermo, Sicily, where Caravaggio relocated after fleeing from Rome after murdering a man, committed after a fight over a tennis match. Caravaggio was recognized for his volatile personality and his dramatic paintings in the chiaroscuro style. His life has been described as “a negroni cocktail of high art and street crime.” Despite his moral failings, Caravaggio’s stunning Nativity held pride of place over the altar in Palermo’s Oratory of San Lorenzo for 360 years, until unidentified criminals stole the painting in 1969. During an autumn storm, thieves carefully removed the painting by cutting the canvas from the wall. They fled and escaped with their prize rolled up in a carpet. Given that the painting measures three by two meters, and the skillful nature of its removal, many experts believe the most likely culprits are members of the organized crime group Cosa Nostra, also known as the Sicilian mafia. There is tragic symmetry that a work first conceived following a terrible crime has since been lost to the criminal underworld.
Caravaggio, Nativity with St. Francis and St. Lawrence
Cosa Nostra is no stranger to the world of art crime. In 2016, two stolen Van Gogh paintings were recovered at the Italian home of a drug smuggler with ties to the mafia. The paintings are worth an estimated $56 million (50 million euro) each and had been missing for 14 years, since their theft from the Van Gogh Museum in Amsterdam. This precedent, along with testimony from witnesses inside the criminal organization, has led Italian law enforcement to believe that Caravaggio’s missing Nativity is potentially in Cosa Nostra’s hands. However, the self-serving nature of testimony from witnesses who wish to escape criminal charges is not always reliable. Furthermore, there have been conflicting accounts of the Nativity’s fate. Some have said that the work is still whole; others, that it was cut into pieces to facilitate its sale; and finally, that the painting had been stashed in a barn where it was consumed by rats and hogs, and ultimately burned.
Currently, it is impossible to say where the Nativity is, or in what state of disrepair. The theft is considered one of the most significant art crimes in history, and the Carabinieri, Interpol, and the FBI have all collaborated in the investigation. New information has come to light within the past two years indicating that the painting may be “still alive” and in circulation in Europe. The painting could be in criminal hands, serving as collateral for drug deals and kept as a bargaining chip for future negotiations with law enforcement. Prosecutors continue to follow the trail of breadcrumbs and hope that they will meet with success. Importantly, although the Nativity’s value has been estimated at $20 million, its black market resale price would be much less – possibly a tenth of the total value.
There is a bittersweet coda to this saga, as a life-size reproduction of the Nativity was commissioned in 2015. The replica, created by Factum Arte, is the result of painstaking research melded with technology. The company used a slide of the painting and black-and-white photographs to study the composition and surface of the work, including brush marks. To recreate the colors used by Caravaggio, technicians based their reproduction on the artist’s paintings in the Church of San Luigi dei Francesi in Rome, which date from approximately the same period. While a facsimile is no substitute for the real thing, it gives viewers a chance to appreciate the Nativity’s “lost beauty” and learn about how technology can be used to create detailed reproductions of works that have been lost or damaged. The replica currently occupies the Nativity’s original location as a placeholder until the painting can be found. Hopefully, authorities will be able to recover this masterpiece and return it to its rightful place.
Amineddoleh & Associates wishes you all a safe and joyful holiday season.
As many nations around the world prepare for Christmas, this week’s blog post examines an art heist that took place at the Museum of Anthropology in Mexico City on Christmas in 1985. On that day, unknown assailants snuck into the museum before dawn and removed 140 objects hailing from the Mayan, Aztec, and various other native Mexican communities. Because of the objects’ small size (nearly all of them were around 1 inch in size) they were easily removed and transported. The stolen artifacts included a jade mosaic funerary mask and an obsidian monkey-shaped vase worth over $20 million. The thieves knew what they were after, since they took the best objects from each display.
Museum curator Felipe Solís bemoaned the theft as a national tragedy: “[The thieves] robbed a piece of our history. How can we put a price on it?” Similar to the infamous Isabella Stewart Gardner Museum theft in Boston on St. Patrick’s Day in 1990 (when the city of Boston was in the midst of holiday celebrations), the Mexico City heist seems to have been a combination of planning and circumstance. Not only did it take place early on Christmas Day, a holiday widely celebrated across the country that would make the museum vulnerable that day, the museum’s alarm was faulty and the 9 security guards working that day apparently got drunk during the night, as evidenced by cookies and glasses with liquor residue found at the museum.
Fortunately, unlike the Isabella Stewart Gardner case, the thieves were found and all the items were recovered three years later. At the time, the director of collections of the Los Angeles County Museum of Natural History noted that it was like “trying to fence the Mona Lisa.” A former dealer opined that “no reputable dealer” would go near the loot. Many industry professionals were also concerned that the thieves would destroy the artifacts if they went unsold (something often done in order to destroy evidence connecting thieves to their misdeeds). Although the targeted nature of the theft initially led Mexican officials to conclude that seasoned professionals – potentially KGB agents – were responsible and that the objects had been exported immediately to the U.S. for sale, the truth was far different. In fact, it was a pair of amateurs (university dropouts, to be exact) who carried out the robbery. The thieves visited the museum over 50 times before jumping over the fence, crawling through an air-conditioning duct, and looting seven display cases.
Replica of Montezuma’s Headdress (in Museo Nacional de Antropología e Historia, Mexico City)
As one of the largest Pre-Columbian artifact thefts in history, the heist had a profound impact on the collective imagination, spurring a 2017 film titled Museo (Museum) which stars Mexican actor Gael García Bernal. The film recognizes that the Christmas Day theft was not the first instance of plunder from Mexico because the indigenous people of the nation had long faced the tragic theft of their heritage. Quite poignantly, Museo opens with footage of the removal of the Monolith of Tlaloc (the Aztec god of rain). It was discovered in the late 19th century in Coatlinchan, but in 1964 the 168-ton statue was moved to Mexico City to be displayed outside the National Museum of Anthropology. In doing so, the revered statue was removed from its original home, and some locals even protested the move. The film makes several references to the theft of indigenous items of cultural significance, including the statement that Montezuma’s headdress in the Mexico City museum is a copy because the original was “already stolen.” The famed headdress, made of nearly 500 quetzal feathers with sewn-on gold detailing, was removed from Mexico, mostly likely during the 16th century. It likely traveled to Spain, and then ended up in an Austrian collection in Innsbruck in the 1590s. It eventually became part of the Museum of Ethnology in Vienna, Austria. In 1991, the Mexican government formally requested the return of the treasure, but the Austrian museum declined, stating that it was not possible to safely return the cultural jewel. The ownership over this piece is still a source of contention between Austria and Mexico.
Pre-Colombian artifacts have become increasingly popular among collectors, fetching millions of dollars at auction – though not without controversy. In September 2019, a French auction house proceeded with the sale of dozens of such artifacts despite concerns from the Mexican and Guatemalan governments that the items were looted. The lots sold for $1.3 million, twice the initial estimate. These artifacts have also been subject to wider debates on colonialism and illicit trafficking. Now more than ever, it is crucial for collectors, purchasers, and sellers of art and antiques, including archaeological pieces, to do their due diligence and establish the provenance of items. At Amineddoleh & Associates, we assist clients with this process every step of the way, ensuring that transactions comply with applicable regulations so that they can enjoy their collections with peace of mind.
The Amineddoleh & Associates team wishes you all a Merry Christmas and Happy Holidays…without art thefts!
Many art thefts are indeed crimes of opportunity, including instances of inside jobs. Objects sometimes disappear from storage and then reappear on the market months, or even years, later. Some employees take advantage of internal museum procedures, such as removing a work for photography or cleaning, to waylay an artwork and use it for their own ends. As recounted in Part V of this series, one of the most notorious inside thefts known to the public concerns none other than the Mona Lisa, the most valuable and recognized painting in the world.
Copyright Guggenheim Foundation
In 1990, the Solomon R. Guggenheim Museum in New York sued Jules Lubell for the return of a Marc Chagall painting that had been purchased by the collector and her husband in 1967 and worth approximately $200,000. The Lubells had purchased Menageries from a reputable dealer, the Robert Elkon Gallery. The invoice and receipt stated that the artwork had been “formerly in the collection of George A. Frankiel, Paris.” As it was later revealed, Mr. Frankiel did not have a Parisian collection, rather he was a mailroom employee at the Manhattan museum. The painting’s provenance stated that Mr. Frankiel had sold the painting to another Manhattan art dealer, Gertrude Stein, before Mr. Elkon had sold it to the Lubells.
The museum had initially been unaware that the work was stolen. Once the institution discovered its disappearance, it formally deaccessioned the painting from its collection after a comprehensive inventory. However, the museum failed to take any actions to recover the work, such as publicizing the theft, hiring of a private investigator, filing of an insurance claim, or initiating a search beyond its premises. The museum justified its lack of action due to its belief that it would hinder the work’s recovery and potentially drive it deeper underground on the black market. The museum only became aware of the its location in 1985 when a dealer, acting on behalf of Mrs. Lubell, presented an image of the work to Sotheby’s for an auction estimate. A former Guggenheim employee, the Sotheby’s specialist recognized the work and notified the Guggenheim about its missing property. The museum demanded that Mrs. Lubell return the Chagall work to the museum, but she refused. In September 1987, the Guggenheim filed a lawsuit. The parties spent years litigating over procedural issues, such as the defenses of statute of limitations and laches. Ultimately, the parties settled out of court in December 1993, one day after the trial had already begun. Although the terms of the agreement are confidential, it is believed that Mrs. Lubell and the art dealers paid the museum the fair market value of the work to compensate it for the loss.
Policemen leave the Residenzschloss Royal Palace that houses the historic Green Vault (Gruenes Gewoelbe) in Dresden, November 27, 2019. (Photo by Robert Michael / dpa / AFP) / Germany OUT (Photo by ROBERT MICHAEL/dpa/AFP via Getty Images)
One of last year’s biggest thefts was likely also committed by individuals with an inside connection to a museum. Dresden’s Green Vault suffered a terrible loss in November when burglars stole eleven irreplaceable and culturally significant pieces of Baroque jewelry from the collection. Criminals sprayed fire extinguishers to cover their tracks after starting a fire at an electrical box that plunged the museum into darkness and deactivated the alarm system. That allowed them to break through the museum’s iron gate and shatter a small window to gain access to the historic Green Vault. Thereafter, they axed the glass vitrines that displayed some of the museum’s exceptional items. Founded by Augustus the Strong (we featured his Persian carpets in another post), an 18th-century prince-elector of Saxony and King of Poland, the Green Vault has one of the greatest collections of Baroque treasures. The stolen objects are estimated to be worth about $1 billion. Sadly, some of the precious jewels have popped up for sale on the dark web, offered for millions of dollars apiece. As the investigation progresses, it appears that the theft was an inside job, with some of the security guards currently under investigation.
In 2014, an anonymous source informed the Turkish cultural minister about an organized crime syndicate that used an insider to steal works from the State Art and Sculpture Museum in Ankara, Turkey. According to an anonymous source, the gang earned a whopping $250 million from their thefts. They purportedly stole artworks and antiquities from the museum between 2005 and 2009, some of which were replaced by fakes or other objects of dubious authenticity. In other cases, the items were simply removed from the museum’s storage facilities. Notably, the museum had received criticism for its inadequate inventory system prior to the crimes. That same year, it was announced that another museum had difficulties with inventorying of its collection because hundreds of artworks were missing from El Museo del Prado in Madrid. Spain’s Tribunal de Cuentas (the Court of Auditors) investigated the matter and determined that the losses were not recent but had occurred over the course of decades. Although some losses were the result of fire or war, other losses went unnoticed due to a subpar tracking and inventory system. Unfortunately, many institutions around the world do not adequately inventory and track their holdings.
Thefts from Private Collections
Works are also frequently stolen from private collections. For instance, the law firm of Borghese Associés SELARL handled a case involving Picasso’s heirs and their electrician uncovered the theft of hundreds of the artist’s artworks during proceedings that took over a decade to complete.
In 2009, Pierre Le Guennec, the electrician who had installed a security system in Pablo Picasso’s villa Notre Dame de Vie in Mougins during 1971, revealed that he had 271 undocumented artworks in his possession. Mr. Le Guennec claimed the artist gifted to him the works as a token of appreciation. These artworks have not been signed or inventoried at the time of the painter’s death in 1973. The pieces resurfaced years later when Mr. Le Guennec requested Claude Ruiz-Picasso, the artist’s son, to authenticate 180 watercolor paintings, lithographs and Cubist collages, as well as two notebooks with 91 drawings (circa 1900-1932). Together these pieces form a heterogeneous collection of Picasso’s art.
Suspecting that the artworks were stolen, the Picasso heirs filed a complaint with the French court. At first, the electrician claimed that Pablo Picasso gifted the artworks to him on or around 1971 or1972 as a “thank you” for his devoted work for the artist during the early 1970s. However, on appeal, Mr. Le Guennec completely changed his story claiming that the artist’s widow Jacqueline donated the object to him. The case proceeded all the way to the Court of Cassation (France’s highest court) that ultimately overturned the decision of the appellate court, and ruled in favor of the heirs. The Court of Cassation remanded the case to the Lyon Court of Appeals, and in 2019, it finally convicted the electrician and his wife for receiving the 271 artworks. In fact, the court’s 41-page decision determined that the statements of the convicted parties are fraudulent and the provenance of the artworks was flawed beyond a reasonable doubt.
Antiquities Looting
Moche Headdress, Marco Museum Collection
The looting of antiquities is often a crime of opportunity. The very nature of unexcavated objects is that their existence is likely unknown. For undiscovered antiquities, they may not have been seen for millennia. In essence, these objects do not have a modern ownership history (provenance); therefore, it is difficult or sometimes impossible to trace them back to their place of origin.
Antiquities looters around the world are generally motivated by money. Yet not all looters earn substantial financial profits, but rather plunder sites to feed their families. The problem is of a global scale, as poverty in developing nations creates incentives for struggling populations to plunder and sell artifacts to illicit traffickers at low prices. Pillaging also occurs in impoverished regions of developed nations, such as Italy, China, Greece and Cyprus. At the same time, these nations or regions often lack resources to protect archaeological sites, creating an opportunity for the looters. As Jan Pronk noted in a speech given at the Rijsmuseum voor Volkenkunde in Leiden, “After all, if you were poor and someone offered you a year’s salary for every object you found, would you not pick up a spade and start digging?”
Peru serves as an excellent example as it has suffered the extensive loss of its heritage through rampant looting, often done by locals supplying artifacts on the international market. The site of Sipán in Peru dates to approximately 700 BC and is assigned to the Moche Culture. By the mid-1980s, that area had been minimally recorded by archaeologists and government surveyors, and it had not been archaeologically excavated. The famed archaeological treasures from Sipán come from a large man-made mound called Huaca Rajada. Beginning in November 1986, a group of raiders tunneled into Huaca Rajada, and after a few months, the group came upon a few golden objects. Just like in a movie, after cutting a hole into the roof of the tunnel, treasures cascaded down onto the group. The thieves filled sacks with riches but were unable to determine how to split profits from the sale. As a result, one of the looters informed the local authorities about the operation, and it was stopped by police. Sadly, items from Sipán continue appearing on the international market.
Looting During Conflict
Our founder, Leila A. Amineddoleh, served as the cultural heritage law expert for the Manhattan District Attorney’s Office in a matter concerning looted property from Lebanon. In late 2016, the director of the Metropolitan Museum of Art notified Lebanese authorities that a marble bull’s head, on loan to the museum, appeared to have come from the archaeological site of Sidon. In January 2017, the Lebanese Director General of Antiquities demanded its return.
Repatriation ceremony in Manhattan
The bull’s head was excavated near Sidon from the Temple of Eshmun, dedicated to the Phoenician god of healing. The site was occupied from the 7th century BC to the 8th century AD. Rediscovered in 1900, famed French archaeologist Maurice Dunand excavated the site from 1963 until the start of the Lebanese Civil War in 1975. During a state-sponsored excavation, Dunand discovered the Bull’s Head in 1967. The marble was from the capital of a pillar from the Temple of Eshmun, and it was carved between the 6th and 4th centuries BC, when Lebanon’s Phoenician civilization was ruled by Persia, and its art was influenced by Greek and Persian but also influenced by Greek sources. The head’s discovery was well-documented in the official records and academic sources of the state. Documentation also reports that during the nation’s civil war, the sculpture was moved in 1979 to Beirut to be placed into a secure storage area of the Byblos Citadel for safekeeping. Sadly, the citadel was breached in 1981, and the Bull’s Head was stolen.
The marble went missing for over three and a half decades and then appeared at the Met on loan from collector Michael Steinhardt who had purchased it from other collectors, William and Lynda Beierwaltes. Once Mr. Steinhardt was informed of the work’s problematic provenance, he demanded a refund for the purchase and transferred the title to the object back to the sellers. The movement of the piece from 1981 through 2017 was reconstructed through shipping forms and sales receipts, including documents from dealers known to trade in problematic antiquities. The collectors and dealers involved all claimed they had the right to buy and sell the sculpture. Importantly though, missing from that paperwork was the necessary permission from Lebanon to remove the marble from its borders or sell it. Ultimately, the Bull’s Head was repatriated to Lebanon, in part due to the records and the lack of verifiable legitimate provenance. Sadly, more than 500 Eshmun statues were looted from the Byblos Citadel, and only a handful have been returned to Lebanon. Additional details about the journey of the Bull’s Head can be found here.
Cambodia experienced a brutal period of conflicts and civil wars in the 1960s and 1970s, during which time the archaeological site of Koh Ker fell victim to extensive looting. The dispute over a 10th century sandstone statue of epic warrior Duryodhana began in 2011 when the Kingdom of Cambodia initiated legal action against Sotheby’s. The auction house was selling a 10th century sculpture, that was purportedly looted in or around 1972 from Koh Ker. In fact, experts could pinpoint the exact place from where the statue originated because the base and feet remain in situ.
Photo courtesy of Phnom Penh Post
After being violently removed from its base, the Khmer statue entered the black market and was sold to a Belgian collector in 1975. The collector’s wife consigned the statue for sale at an auction in 2010 and imported it into the U.S. An auction house researcher expressed concerns about the object, stating in an email that she believed it was stolen. That expert later changed her opinion about the sale and advised Sotheby’s that Cambodia generally doesn’t request the return of looted art. On the day of the auction, Cambodian officials demanded that Sotheby’s withdraw the lot and return the statue. Sotheby’s withdrew the item but supported the collector’s ownership claims. The U.S. Department of Homeland Security opened an investigation, and the U.S. filed for a forfeiture. In December 2013, the U.S. government and Sotheby’s ultimately signed a settlement agreement and Sotheby’s returned the statue to Cambodia. Due to that case, the Cambodian government began investigating a number of works taken from the same site. Consequently, a number of similar statues were returned. Around the time of the Sotheby’s return, the Norton Simon Museum repatriated its own looted Cambodian statute to its home. Rather than litigate, the museum offered to return the statue as a “gift.”
Protection of art and cultural objects during the uncertain times of COVID-19
World War II led to a vast displacement of art, conflict in the Middle East resulted in wide-scale looting, and poverty in many “source” nations has been the driving force behind the illicit plunder. The global COVID-19 pandemic’s effect on the cultural institutions and private collections is still uncertain; however, players within the market must prepare for various ramifications of this disaster.
Cultural institutions and museums of all types and origins face similar challenges, such as maintaining high levels of security and preservation of the collections, providing their staff with a healthy and safe work environment, soliciting financial endowments, and digitally engaging with their audiences in a meaningful way. The COVID-19 pandemic has already made it difficult for museums to generate the revenue necessary for covering operational costs and adequately staffing their properties. These shortcomings during a worldwide crisis make institutions vulnerable to theft and may lead to the deterioration of art collections. Economic losses aside, security personnel and conservation specialists of some museums feel that their safety is being compromised while at work, and so they choose not to show up at all. For instance, at the onset of the pandemic in early March, the employees of the Louvre Museum in Paris refused to work, citing COVID-19 health and safety concerns. As a result of the protest, on April 16, the International Council of Museums published a series of recommendations for the conservation of museum collections. The publication urges essential staff, including security guards, to stay on the premises of the institutions in order to “to fulfill their primary function of conserving the material and immaterial heritage of humanity.”
As the pandemic has had an undeniable impact on the finances of art-related businesses, various governmental bodies and private foundations across the world are offering financial relief to those entities and individuals. For instance, the French Ministry of Culture allocated 2 million euros in emergency funding to art galleries, labeled art centers and artists-authors. This funding will be operated by the National Centre for Plastic Arts (“CNAP”) and the regional directorates for cultural affairs (“DRAC”). These resources aim to reduce the adverse impact of the pandemic on the cultural institutions and businesses worldwide.
Only time will tell how the COVID-19 pandemic will change the art market and alter the life of museums. But history suggests that it is essential for museums and collectors to take precautionary measures to safeguard their valuable artistic and cultural holdings.
Our previous post focused on the artistic and financial value of musical instruments. Like other movable pieces of art, due to their unique characteristics, musical instruments are very susceptible to loss or theft – although thieves may not always know the value of what they have stolen. Some items take years to track down, while others disappear altogether. In 2013, a Manhattan violin shop was sued for losing a 176-year-old fiddle valued at $400,000. The owner had consigned the instrument years before but the shop never found a buyer. When the owner returned to claim her property, she was eventually told that the violin had been lent to an individual for a trial and they never returned. The instrument essentially walked out the door, never to be seen again.
In the UK, a couple has spent 15 years stealing musical instruments from stores, including a rare guitar worth £11,000. The woman tucked inside her fur coat before waving goodbye and leaving. Despite being photographed on CCTV, they continue to “steal expensive musical instruments to order.”
However, theft is most often one of opportunity rather than premeditation. Robert K. Wittman, former FBI agent on the Art Crime Team, states: “What [the thieves] are interested in doing is trying to make a quick flip and make as much money as they can off it.” As a result, victims of instrument theft should file a police report immediately and quickly notify local dealers, repairers, and pawn shops – that way, once the thief tries to sell his loot, he will get caught. However, police departments may not be aware of the value of a musical piece, which means that proactivity and partnering with seasoned industry professionals is essential. Law enforcement officers generally understand that cars, jewelry and certain paintings are worth millions – but they may not realize that instruments can also command such high prices.
Lawyers specializing in art and cultural heritage are uniquely poised to understand the sentimental and monetary value of these items and ensure that they are protected as much as possible before and during their recovery. Moreover, as time is of the essence in these cases, specialized attorneys can point the police in the right direction and intercept likely buyers before an unauthorized sale takes place.
Connoisseurs, collectors, and lovers of musical instruments alike must be vigilant and know the risks posed to their belongings. Amineddoleh & Associates represents a considerable number of clients in musical matters– the firm’s attorneys are always pleased to work with clients to protect and recover musical property.
Last week, a valuable violin was accidentally left on a train by its owner, Stephen Morris. Morris, a violinist with the Royal Philharmonic Orchestra, forgot the 310-year-old Tecchler violin on a train from London. It is worth about a quarter of a million pounds because it is one of only a few made by David Tecchler in 1709. (Tecchler was part of the renowned Roman School of Violin Making in the 17th Century and was considered to be the institution’s leading violin and cello maker.) Morris urges anyone who finds the violin to return it, describing the instrument as “a piece of history.” However, the loss of instruments is not rare- other musicians, like Yo-Yo Ma, have misplaced these valuable pieces. In April 2008, Phillippe Quint left a $4 million Stradavarius violin in a cab, but luckily the honest cab driver returned the valuable instrument to its owner.
Although not categorized as “fine art,” some musical instruments have tremendous artistic merit. In some cases, the well-crafted objects are not only functional, but beautiful and valuable. What makes these items even more remarkable is that some multi-million dollar instruments are still used for performances. The production of instruments has evolved over time, however, detailed craftsmanship is still a hallmark for some of the world’s great “instrument makers.” Well-made instruments continue being resold and circulated, meaning that some of them on the market today have incredible provenances. Like the fictionalized “Red Violin,” some valuable instruments have famed pasts.
One of the most famous violins in the world is the Cannone Guarnerius. Fabricated in 1743 by Giuseppe Antonio Guarneri of Cremona, it was owned by Niccolo Paganini. The famed virtuoso bequeathed the instrument to the city of Genoa, Italy upon his death. It is securely exhibited in the city’s town hall, and is considered part of Italy’s cultural heritage. The violin is taken out and played on a monthly basis by its curator and is played biannually by the winner of the Premio Paganini Competition. The valuable instrument is insured for $4 million, although other famed violins are estimated to be worth much more. The Messiah Stradivarius, housed in the Ashmolean Museum, is valued as the most expensive violin with an estimate of $20 million.
Although larger in scale but lower in value, the most expensive pianos have sold for less. One of the most expensive, the Crystal Piano, sold for $3.22 million. Entirely made from crystal, and designed by the Heintzman Company, it was used at the 2008 Beijing Olympics. It was sold to an anonymous buyer after its only performance. Other pianos that have received fame were Mark Bradford’s painted Steinway piano for the US Pavilion at the 2017 Venice Biennale. This law firm represents Steinway’s first visual artist in residence, Lynx Alexander, whose masterfully painted pianos have graced Steinway’s NY and Texas showrooms, in addition to stages around the world.
Photo Credit: NY Times
Over time, instruments have gained notoriety for their sound, their beauty, and their storied pasts. Many people are enticed by the opportunity to own objects played by a celebrity or royalty, and who wouldn’t want to play on “Sam’s” piano from the film Casablanca? As with art objects and luxury goods, the safety of instruments is a concern. It is important for owners to properly maintain the items, secure them from theft, properly appraise and care for them, plan for their passage (as in a will or a trust) and protect them (during travel, while loaned for a performance, while being moved, and while in storage). When contemplating a purchase, it is important for potential buyers to authenticate the instruments, appraise their condition, and ensure that they weren’t stolen in the past. It is hard to imagine the theft of a grand piano, although it has occurred (like in instances in which a piano mover delivers the wrong instrument and absconds with the more valuable one).
Just as owners of fine art sue for the return of stolen works, breaches of contract, and damage to their property, owners of instruments take actions to protect their valuable musical possessions.
