Swiss Museum Likely to Get Lawsuits with This Collection

November 3, 2014; ArtNet News

Ronald Lauder, Jewish World Congress president, announced the other day that the Swiss museum Kunstmuseum Bern could face “an avalanche” of lawsuits if the museum accepts a collection of 1,300 artworks bequeathed to them by the late Cornelius Gurlitt. Gurlitt’s collection is suspected of being art looted by the Nazis.

After Gurlitt’s collection was reviewed in 2013, almost 600 pieces have been flagged as potential Nazi loot. These works have been registered at the Lost Art Internet Database. This past May, Gurlitt passed away, leaving the entire collection to the Kunstmuseum Bern. Lauder said if the museum does accept this collection, lawsuits may come from a variety of German museums and Jewish heirs, who may be the rightful owners of the works.

It has not yet been determined whether the museum will accept the collection, but a decision will be made on November 26. The museum is working with the German government to determine the process of evaluation and how to go about identifying the pieces within the collection. However, there is an unconfirmed proposal by the board of directors for the museum to accept the collection, but under strict terms. According to ArtNet News, these terms include “not taking possession of any work against which there is currently a restitution claim or about which there is any suspicion of Nazi provenance. It would use permanent loans to return all works that could be tied to other museums or institutions. And it would keep the entire collection in Germany in case further restitution claims arise down the line.”

An argument can be made that it would be in everyone’s best interest for the museum to accept the collection, because if it does not, the collection then goes to Gurlitt’s relatives. If the museum does accept the works, then they can be made available to the general public.

The U.S. Department of State’s Washington Conference Principles on Nazi-Confiscated Art outline the handling process of works in question: “In developing a consensus on non-binding principles to assist in resolving issues relating to Nazi-confiscated art, the Conference recognizes that among participating nations there are differing legal systems and that countries act within the context of their own laws.” There are eleven points within this set of guidelines as to how Nazi-confiscated art is identified and handled. The American Association of Museums also provides museums with a set of standards and best practices. Nazi-confiscated art could fall under these best practices for museums and museum curators.

It is interesting to see the dynamic between best practices of accepting donor-bequeathed estates and general ethical code. It is always a plus for arts and cultural institutions to be named in a donor’s estate, yet, on an ethical and moral level, how the institution decides what it should accept is a whole other conversation. Clearly, the Kunstmuseum Bern would benefit greatly from the gift, but at what cost? Hopefully not at the cost of being labeled what Ronald Lauder called “a museum of stolen art.”—Jennifer Swan

About the author

Jennifer Swan

Jennifer Swan is currently the Associate Director for Arts Services Initiative of WNY (ASI). In this role Ms. Swan assists in positioning ASI as the link between the arts and cultural community and other sectors of the region. She provides outreach and administrative support to ASI’s partner networks including the Greater Buffalo Cultural Alliance (GBCA), Cultural Alliance of Niagara (CAN), and serves on the Arts Partners for Learning (APL) Leadership Team. Ms. Swan is the New York State Council on the Arts Decentralization (DEC) Grant Program Coordinator for Erie and Niagara Counties. Previously Ms. Swan was the Business Manager for the Buffalo Philharmonic Chorus where she was responsible for the day–to-day operations, working alongside the Board of Directors and committees. Major projects included the involvement of the Chorus in the Music Culture 716 collaborative and extending the Chorus’ regular season to include special performances at community events such as the National Historic Preservation Conference held in Buffalo in October 2011. Ms. Swan currently serves on the Chorus’ Concert, Marketing, and Nominating Committees. From 2009-2011 she managed and maintained the box office and front of house at the Lancaster Opera House, and orchestrated and organized an annual fundraiser for two years. Here she solicited donations and managed all aspects of the event from preparation to day-of activities. Her other arts and cultural work includes judging Congressman Higgins’ Congressional Student Art Competition in 2012, 2013, and 2014; past work includes Music is Art’s The Big Easy in Buffalo Committee, Volunteer Coordinator for Hallwalls Contemporary Arts Center’s Artists and Models: Nocturminal fundraiser, Marketing/Concert Crew for Slee Hall at Lippes Concert Hall at the University at Buffalo, and Music Librarian and Marketing for the Amherst Chamber Ensembles. Additional work in the for-profit sector includes Promotions for Citadel Broadcasting and Righteous Babe Records, and management and marketing for several individual music projects. Ms. Swan has presented at a variety of community-wide engagements including to Leadership Buffalo’s Arts, Culture, and Tourism Day (June 2014), Daemen College’s Art and Community Class (April 2014), University at Buffalo’s Management Career Development Class (November 2013), and the Public Relations Student Society of America (PRSSA) Evening with the Professionals at Buffalo State College (October 2012). Ms. Swan has a MA in Arts Management from the University at Buffalo and a BA in Communications/Broadcasting with a minor in music from Buffalo State College. While at the University at Buffalo she traveled abroad with NUROPE (Nomadic University for Art, Philosophy, and Enterprise in Europe) to Sweden and Finland, completing an intensive scholarly program entitled Beyond Bergman and Nobel: Scandinavian Cultural Policy and Performing Arts. As a result of that academic excursion, Ms. Swan co-wrote an article forUB International titled “Summer School in Arts Management Held in Finland and Sweden.”

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