24 February 2015

The most expensive works of art in the world and their histories (or lack thereof)-Part Two

by Marc Masurovsky

(Note: Absent are works of art that post-date 1945: Alberto Giacometti, Jasper Johns, Andy Warhol, and the ubiquitous Pablo Picasso.)

5. Dora Maar au chat, 1941, by Pablo Picasso sold for more than 95 million dollars in May 2006 at Sotheby’s. Picasso painted several portraits of his Croatian girlfriend who held no particular love for the Jews. The Germans had taken over Paris in mid-June 1940. Since his return from the port city of Royan to Paris on August 24, 1940, Picasso’s relationship with a number of German officers and officials had evolved, especially young officers from the Propagandastaffel who cultivated ties with intellectuals and artists in the capital. He also knew a number of art dealers who had chosen to feather their beds with the German occupiers, including Martin Fabiani and Paul Pétridès.

According to the Sotheby’s catalogue entry, Pierre Colle, a Paris art dealer and collector and specialist of Surrealist art, held the painting “as of 1946.” During the years of German occupation, Colle had been in business with another art dealer, Maurice Renou.  Together they recycled a number of modern works, signed by Salvador Dali and Max Ernst, which German agencies had seized from British nationals and Jewish owners. It is not clear when Mr. Colle acquired the Dora Maar portrait, assuming that we are speaking of an acquisition. The painting could have been left with him on consignment. Furthermore, Mr. Colle and Mr. Picasso had an on-and-off relationship which dated back to the pre-war years.
Dora Maar
Pablo Picasso


Dora Maar au chat, 1941, Pablo Picasso
Several hypotheses come to mind about the early years of ownership of the painting.

a/ it could have remained in Pablo Picasso’s studio on rue des Grands-Augustins in the 6th arrondissement of Paris until he was ready to part with it after the Liberation of Paris in late August 1944.

b/ Picasso might have sold it to Mr. or Ms. X before 1946. Hopefully that X person was not of Jewish descent because that might have affected the fate of the painting should Mr. or Ms. X be arrested by the Germans or their French collaborators of whom there were many in the German-occupied French capital.

Pierre Colle apparently sold Dora Maar au Chat to Leigh and Mary Block of Chicago and hung on to it until 1963. Then, the Gidwitz Family, also from Chicago, bought the painting through Berggruen and Cie which acted as “agents for the Blocks.” They ended up selling it in early May 2006 to a “mysterious buyer” dressed in jeans and “appearing to be in his mid-40s” according to Carol Vogel of the New York Times.


6. A Chinese 18th century Qianlong porcelain vase sold for 85 million dollars on November 12, 2010 at Bainbridges, a small British auction house. The family who sold it had discovered the vase quite by accident in the attic of their parents’ house.


Qianlong vase, 18th c.


Experts said it probably once belonged to Chinese royalty but was most likely taken out of China at the end of the Second Opium War in 1860 when imperial palaces were ransacked.

In a bizarre twist to this already unusual story, the buyer, after making an initial deposit on the vase to secure it, never followed up on paying the rest of the hefty sum to Bainbridges and the sellers. Apparently, that led to a breach of contract and, two years later, Bonhams sold the vase again for less than 83 million dollars to a Hong Kong dealer.


The most expensive works of art in the world and their histories (or lack thereof)-Part One

by Marc Masurovsky

Our collective jaws routinely drop when we read about a work of art selling for sums of money that most of us cannot comprehend or even perceive. And yet, there exists an informal club of men and women who are capable of spending such sums.

We won’t waste time wondering whether or not they actually enjoy the art objects on which they lavish huge sums. Their investment redefines what is meant by “priceless.” Is priceless an unattainable sum for the common mortal? Is it a sum that is beyond the reach of a billionaire? Or is it a sum that does not exist?

No matter.

“Transparency”, read less opacity, is the operative principle pertaining to research into the history of art objects even when they fetch sums symbolized by figures that contain eight or nine Arabic numerals.

Let’s take a look at some of these objects for which their proud owners spent at least 60 million dollars.



1. Bassin aux Nympheas, 1919, by Claude Monet sold for 66 million dollars at Christie’s on June 24, 2008.
Bassin aux nymphéas, 1919, Claude Monet-Source: Christie's

It belonged initially to the famous Paris art dealing family of Bernheim-Jeune who then sold this dreamy painting to a member of the Durand-Ruel family, another Parisian art dealer, from there to Sam Salz, Norton Simon, an owner in Indiana and then the Millers whose estate sold it off in 2008. This information is accessible through the Christie’s catalogue.


2. The massacre of the Innocents, 1610, by Peter Paul Rubens sold for 76 million dollars in July 2002 through Sotheby’s. Originally misattributed to Jan van den Hoecke, it remained in the same family for close to two centuries. Then it changed owners either before or right after the First World War (1914-1918), fell into the hands of an Austrian family whose patriarch did not like it, thinking it was “ugly” and consigned it to a monastery until the 89-year old heiress of said Austrian family had a change of heart and decided to put it up for sale.
The Massacre of the Innocents, 1610, Peter Paul Rubens



3. Le Moulin de la Galette, by Auguste Renoir, sold for 78 million dollars on May 15, 1990 at Christie’s. The smaller of the two versions that Renoir painted, no one knows for certain whether it was painted before or after its more famous larger version which Renoir completed in 1876. It went through the now defunct New York art gallery, Knoedler’s, where John Hay Whitney acquired it in 1929. It remained in the Whitney family until 1990 when it was auctioned and sold to a maverick Japanese businessman, Mr. Saito. He later ran out of money and was forced to sell off his assets including this Renoir painting and one by Van Gogh. Rumor has it that this less ambitious version of “Le Bal du Moulin de la Galette” ended up in a private Swiss collection. 
Le Moulin de la Galette, n. d., Auguste Renoir

4. Portrait of Dr. Gachet, 1890, by Vincent van Gogh sold for 82 million dollars on May 15, 1990 at Christie’s. Its history carries with it the taint of Nazi cultural policies aimed at works that were deemed objectionable because of their content and execution. This painting by van Gogh changed hands a number of times in the early 20th century, through the Paul Cassirer gallery in Berlin then Galerie Druet in Paris before ending up in the permanent collection of the Städel Museum in Frankfurt. Following the rise to power of the Nazis on January 30, 1933, museum officials there tried their best to shield their “degenerate” works from the prying eyes of the Nazis. Unfortunately, “Dr. Gachet” was a well-known work and van Gogh did not whet the esthetic appetites of the new barbarians clad in brown and black uniforms. Pursuant to official Reich policies, the painting was de-accessioned in 1937 and joined other captive works in the ever-expanding collection of Reichmarschall Hermann Goering. With the help of Joseph Angerer, art historian and art dealer in the pay of Nazi officials, Goering sold “Dr. Gachet” to a German banker, Franz Koenigs, who then allegedly turned around and sold it or relinquished it to Siegfried Kramarsky. The Kramarsky family fled to New York just in time with the van Gogh. The painting was placed on long-term loan to the Metropolitan Museum of Art as of 1984. Thereupon, the Kramasky heirs decided to sell it. Mr. Saito, a Japanese businessman who boasted of possessing a vast fortune, spent a small fortune on the van Gogh, breaking all records to date for a painting by the tortured Dutch master.
Portrait of Dr. Gachet, 1890, van Gogh

Then, the painting disappeared from view. It did not help that Mr. Saito went into such exponential debt that, no doubt, “Dr. Gachet” was sold in a private sale. But to whom?

Charles Goldstein, executive director of the New York-based Commission for Art Recovery (CAR), was quoted as saying that, one way or another, the title to the painting is clouded and resale will be difficult. Which would explain why the painting has not resurfaced in the past two decades. Condemned, due to a tainted title, to remain in the global parallel art market of sub rosa transactions. This will not help the Koenigs heiress to recover the painting that she claims was not sold consensually to Kramasky. Or so it would seem.

See the fascinating book by Cynthia Saltzman, “The Portrait of Dr. Gachet: The Story of a Van Gogh Masterpiece, Money, Politics, Collectors, Greed, and Loss” which takes the story of Dr. Gachet up to Mr. Saito.





The cult of the object


When will you marry? Paul Gauguin 1892
by Marc Masurovsky

In the hyper-inflated art market that we witness nowadays, sums are being spent on works of art equal to the annual budgets of municipalities around the world.

Works of art, especially paintings and the occasional decorative object, have become part trophy, part idol, poor excuses for conversation pieces, to be worshipped and paraded in the privacy of one’s estate until the current owner becomes bored with it and unloads it on the private art market or as a gift or loan to a public institution that can afford the insurance payments.

What work of art could be worth 300 million dollars? Of course, we are thinking about “Nafea Faa Ipoipo-When Will You Marry?", painted by Paul Gauguin in 1892.

Sure, it’s a beautiful work not unlike many of Gauguin’s other works which chronicle his sexual and quasi-mystical adventures and mishaps in Tahiti. But three hundred million one-dollar bills?

300,000,000 x
It defies any reasonable person’s imagination that such prices can be paid. But there you have it. As a member of the incredulous public, I read the news of such a transaction and my emotions shift from perplexed to thoroughly disgusted; I end up experiencing a mixture of sadness, anger and bewilderment, at the impervious behavior of the world’s billionaires who use art to make statements about themselves. 

Is it really about them, their cronies and their vision of life? We do share the same planet, but we definitely do not share the same world. The ecosystems in which we live are mutually exclusive. Those who write for mass media outlets tend to cater to the whims of the hyper-wealthy by hatching uncritical paeans to these hyper-spenders. They wrongly assume that we, the general public, cannot wait to hear about these people’s foibles and follies.

Spending 300 million dollars on a Gauguin painting is not likely to make me like him any more than if someone had spent 1 million or 10 thousand dollars on his work. The money spent on art does not induce me to “appreciate” art any differently, for better or for worse. If I don’t like the object, no amount of money will make me like it more or unlike my “unlike” (to use Facebook-type language).

Not all members of the media were thrilled about the acquisition and its message to the world about "great art." Read the following:

“How many people have $300 million to spend on a great work of art?” Frances Beatty, president of Richard L. Feigen & Co. gallery in New York, said in an interview. “That’s where you start from. It wouldn’t be worth $300 million if there wasn’t a small group of people out there with billions to spend on works of art as opposed to roads, vaccines, whatever.”

The price paid for a work of art should never serve as a bellwether for taste and esthetics and it certainly should not be used as a factor in judging its worthiness.

23 February 2015

Provenance research: what to do?

by Marc Masurovsky

The fault lines around contrasting views and understandings of provenance research resurfaced during the international conference on looted art that took place on February 20 and 21, 2015, at Columbia University entitled “Ghosts of the Past: Nazi looted art and its legacies”.

The fissures are brought about as a result of the legal implications of provenance research.

In my view, a provenance is a document that outlines the history of ownership or possession of an object from the time of its creation to the present. The older the object, the more likely it will be difficult to account for every movement and place where the object was situated once it left the studio of its maker. But as you all well know, even so-called modern works can have elusive provenances such as “private collection, Zurich”.

The contrast in approach, in my view, stems from the fact that one school, mostly articulated by museum professionals, which we will refer to as “traditional” is not necessarily interested in injecting economic, political and social history into the documentation of the fate of an object, especially as it pertains to the 1933-1945 period. For some strange reason, that entire period remains a taboo subject, difficult to express even in the literature that museums and galleries develop around the objects that they display. This same school also argues that one will never know exactly what happened to an object, maintaining that there is no concrete evidence that something “bad” happened to the owner of the object and, even it did, it might not have affected the legal title to that object. After all, the object might have been sold “legally” and we just don’t know about it. Hence we can never ascertain that the object was in fact misappropriated for racial or political reasons, and therefore should not be restituted to its purportedly rightful owner. This view remains the favorite weapon of individuals who work for those who are best described as the “current possessors” of the object being claimed, namely cultural institutions—public and private.

The other school to which this writer belongs argues that context plays a very important role in determining the fate of an object. One might call it the “organic” school, for lack of a better word. It argues that the object, the place where it is and the person in whose possession it is, represent the three cardinal points around which the history of the object is articulated against the matrix of history which evolves over time and space. Put simply, an object that changes hands in Munich, Germany, and which belonged to a person of the Jewish faith may be moving around for reasons compelled by the change of regime in Germany on January 30, 1933, thus signaling a potentially violent and illegal transfer of ownership after Hitler’s rise to power.

A research training program takes on vastly different features if it follows the “organic” school or the “traditional” school that warrants that the actual fate of an object will never be exactly known, raising the possibility that there could be a document out there that could prove that nothing untoward occurred and the object changed hands legally even in the context of racial and political persecution and genocide.

You would be surprised, but this “traditional” school of thought has led to negative outcomes for claimants more often than not, most notably in the Grosz v. MoMA case and in the case opposing the heirs of Martha Nathan to the Toledo Art Museum and the Detroit Institute of Art. 

When we think about establishing provenance research training programs in colleges and universities, we realize that some schools might adopt one or the other approach. A balanced program would offer both approaches to future practitioners, advising them of the pitfalls and benefits inherent to either approach.

Some participants and speakers at the Columbia Conference (see above) were very adamant about promoting their own views of how provenance research should be conducted, whether “traditional” or “organic” which is a good thing because it gave those in attendance an opportunity to weigh both in their own minds.

Any museum-guided provenance research training program will likely promote the “traditional” view that provenance research is first and foremost about documenting the itinerary of an object from creation to the present day, with history being relegated to a back seat.

Any provenance research training program guided by the notion that it is essential for the provenance to document who the actual owner of the object is promotes the “organic” view and will assign greater weight to history and the environment in which the object evolved, beyond the narrow confines of conventional art history.

These contrasting views have become an integral part of the landscape of provenance research, influenced and skewed by decades of litigation and legal wrangling between current possessors—in most cases, museums and galleries—and claimants.

The geography of “traditional” vs. “organic”

Where do we find “traditional” views as opposed to “organic” views of provenance research?

The “traditional” approach is mostly upheld in the hallowed halls of cultural institutions of a certain size located in large metropolitan centers. It can also be found among those who teach in museum studies programs and art history programs. One can even argue that the “traditional” view suffuses the curriculum of these academic programs that train future curators, art historians and other cultural professionals.

The “organic” view, strangely enough, finds its strongest advocates among archaeologists and cultural heritage specialists who take seriously the matrix from which objects are extracted. They are joined by those who research the fate and history of objects lost by claimants and their families. Some government officials, mostly in Europe, have eased their way into an “organic” view of provenance research, especially in the United Kingdom, France, the Netherlands, Germany and Austria.

The future of provenance research

There is no game plan right now. The most important next step is to institute formalized academic offerings in colleges and universities that introduce students to both methodologies—“traditional” and “organic”—as well as in specialized workshops organized by non-profit organizations.

The European Shoah Legacy Institute (ESLI) offered a Provenance Research Training Program (PRTP) from 2012 to 2015 through a series of five workshops staged in five different cities—Magdeburg, Germany; Zagreb, Croatia; Vilnius, Lithuania; Athens, Greece; and Rome, Italy. Both approaches were offered to participants although most workshops tended to lean towards an “organic” view of provenance.

By contrast, the Washington-based American Alliance of Museums (AAM) and the Association of Art Museum Directors (AAMD) have offered half-day and day-long seminars characterized as workshops in which they introduced curators, librarians, archivists and art historians to the mechanics of working with objects and documenting their history. These programs fit into the “traditional” mold and will likely continue. Likewise, the Smithsonian Museums appear to be thinking about developing some kind of “traditional” provenance research training program of their own.

Proposals abound about how to produce a more structured approach to training. Some efforts are taking shape in France. Provenance research is now being introduced to universities in select cities.  The Free University of Berlin continues to offer a curriculum on “degenerate art” which tends to steer away from controversy and thus finds comfort in a more “traditional” approach to provenance research. This is perhaps due to the fact that funding comes from the government. On the other hand, in Munich, the Zentral Institut für Kunstgeschichte (Central Institute for Art History) promotes through its research projects a more “organic” vision of provenance research that gives extra weight to the mechanics of the Third Reich, the relationships of power and interest between various groups in the art world, into the understanding of an object’s pathway through the 1933-1945 period. These relationships and “interests” , it is argued, shape the fate of the object.

There is talk about asking the European Union to establish a Europe-wide entity with EU funds that would coordinate research into the history of objects under review for possible taint of looting or misappropriation. The idea makes eminent sense since national governments have skirted the issue rather successfully for the past 70 years. It might just require such a supranational effort to compel provenance research and training of practitioners. For such an effort to even get off the ground, entities and individuals with an “interest” in these matters of restitution, looted art, provenance research, will have to work together, coalesce their strengths and assets in order to lobby successfully for the creation of a funded unit at the EU level.

And still others argue that the only way to provide training is through some sort of international association of provenance researchers. According to this position, this association (which does not yet exist) will be responsible for coordinating at the national and international level all activities pertaining to provenance research and training. For this to happen, national chapters have to be established and more importantly, a clear definition of provenance research has to be adopted. If we follow this duality of “traditional” vs. “organic”, will the association try and reconcile these two approaches or will it favor one over the other? Who will make that determination? Without a clear understanding of what provenance research is, how can such an association see the light of day?

Maybe several associations are required if the two approaches cannot be reconciled. That might not be the worst thing to do. The only organization of provenance researchers that exist today is in Germany, the Arbeitsstelle für provenienzforschung (AfP) and includes mostly German researchers who are for the most part working for municipal, regional or federal museums and cultural institutions. Expand this idea and we are talking about fundamental different outcomes and approaches shaped by the employer. In most of Europe, the employer is the government. In the United States, the main employer is a private non-profit or profit-making cultural institutions, with the exception of municipal, State and Federal museums. Hence, an international association would become a cacophony of conflicting interests, because some researchers would be government civil servants, others would be working for the private art market, while others would be working for claimants and advocacy groups.

Define your terms

Before anything concrete can happen to transform provenance research into an internationally-recognized profession with its requirements, methods and approaches, licensure or certification procedures, we all must be clear about exactly what provenance research really is, and how it is practiced. Failing that, there is nothing to talk about. Instead of an association and its bureaucratic pitfalls, let us for now establish a strong global network of individuals and entities interested in the history of ownership of artistic, cultural and ritual objects, a network that would be inclusive and not exclusive, one with a maximalist understanding of the idea of research. That approach might help shape the contours of a generic definition of provenance research on which everyone could agree without feeling as if they betrayed their principles and ideals.