Legality of export may not relate to ownership.
For example, a case I know involved the (legal!) export of an object from Europe to a colony in the 17th century.
This object was then sent (illegally) by the owner to a sale room in a third place, where it was purchased by a museum in Europe.
The ownership of the object was never in doubt or in question, the illegality lay in the fact that it was taken out of the colony (now, of course, a sovereign state) without the required export licence. There was no legal framework for applying for a licence retrospectively, although the govenment of the colony-that-was said that if it had been asked at the right point, it would have granted a licence.
At the time of purchase, the museum had not adopted the standard British wording about not acquiring objects known to have been illegally exported.
The result is that the object is now in Britain again.
It has, by the way, engraved upon it that it was to remain in that county.
With best wishes to all,
Pat
Pat Reynolds
Surrey Museums Development Officer
----- Original Message -----
From: Museum discussion list [[log in to unmask]]
Sent: 24/03/2006 20:26
To: [log in to unmask]
Subject: Re: Illicit antiquities case studies.
From my perspective, the best thing to do is to return the items to their rightful owners--the real difficulty in doing so, is determining who the rightful owners might be. But, it's just not worth the persistent headaches of trying to retain items with questionable, or definite "black" provenances. For case studies, you might want to look at recent cases of institutions returning NAZI-looted artworks, the current lawsuits between Italy and the Getty, and Yale and Peru (there were recent articles on this in the Global Museum news website), Egypt v. everybody, the on-going saga of the Parthenon Marbles, NAGPRA repatriations, etc.
------------------------------------------------------------
Tim McShane, Assistant--Cultural History
Esplanade Museum
401 First Street SE
Medicine Hat, AB T1A 8W2
Tel: (403) 502-8587
[log in to unmask]
>>> [log in to unmask] 3/24/2006 12:35 PM >>>
Hi! My name's Rachel. I'm a Museum Studies student at the University of
Toronto. I'm working on a project about how museums should deal with
illicitly acquired antiquities. If anyone can recommend any case studies,
or if your museum has dealt with this issue, I'd love to hear from you.
Thanks so much!
Rachel.
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