Art Theft, Vandalism, and copyright issues Podcast Review
"Art,
Crime and Criminals: Painting Fresh Pictures of Art Theft, Fraud and
Plunder." Review. Http://www.law.qmul.ac.uk/events/podcasts/painting-fresh-pictures-of-art-theft-fraud-and-plunder/ (audio blog), June 21, 2016. Accessed
April 4, 2018. http://www.law.qmul.ac.uk/events/podcasts/painting-fresh-pictures-of-art-theft-fraud-and- plunder/.
This
seminar was based more on actual art theft than the intellectual side of art
theft. However, many of the points that were brought up were applicable to both
types of art theft. The main topics of this seminar were about art theft, vandalism,
and copying of someone else’s work. There were many speakers from law schools,
the FBI, Interpol, Universities, lawyers, police, and art recovery specialist
and insurance agents. They were each
allotted twenty minutes to speak. They came from Germany, France, Australia, the
United States and the United Kingdom. There was a quite a large amount of
question and answers sessions. They covered all the different kinds of theft and
how the retrieval and how they are processed through the law on the private
sector and the public sector.
The
general item that almost all the speakers spoke on was databases and the good
and bad benefits of the databases. There was interest in a database that shared
the info of all art that is stolen, missing, or in dispute or copyrighted.
However, they all said that they didn’t believe this could ever happen since
all the major countries were not willing to share information on their
antiquities. France, Italy, German, United Kingdom, and Iraq were some of the
top countries that shared information that were mentioned a few times. The Italian
speaker from Interpol stated that the United States used to share their info
but had recently changed their opinions and had stopped participating in the
group database. Most of the speakers stated that the databases would never be
enough and never be complete because of the lack of cooperation from some of
the larger countries. IN the second part of the day there was a lawyer that had
previously taught at NYU Law School and had since moved to London. He began a
business in 2015 and spent 800,000.00 creating a database that encompassed all
the different kinds of art theft, vandalism, disputed art, copyright issues.
The lawyer stated that he had helped recover art and cleared title disputes to
the tune of 500 million dollars. This new database that he created he lets the
police use for free many churches can use as free, and anyone he deems unable
to pay the fee. He stated that it was the most technically advanced database that
was available. Every stolen item that is registered in his database must
provide a police report, paperwork, and details about the theft. He stated that
his database had five hundred fields of searchable material. If their site finds a stolen piece of art,
then they inform the police and if the police state that they are not going to pursue
criminal charges then he contacts the owner. Once the owner is contacted then he
gives them the opportunity to chose if they want the police, insurance company,
or them selves to retrieve the item. They also have the option to hire Art Recovery
the company that owns and runs the database. The database has extremely high-grade
image recovery software on their system to help determine if the art has been
altered or not. The creator also spoke about how they never pay ransoms. Some
criminals think they are being smart and try to ransom the works of art to the
company to get a payout. The insurance companies are allowed by law to offer a
reward for the piece of art however, he has chosen to never pay a ransom for
any piece of art. A student asked the question if he ever thought that we would
have databases that spoke to one another. He stated that he believed that it
was possible but would never be complete without the full cooperation of all
the countries.
Another
big conversation was about pillaging and looting art from World War II to the
most recent Iraq freedom war. Many thieves use thieves in other countries to do
the initial theft then they import or export them to another country. The Hague
Convention was another topic when discussing the war-torn areas and how the art
theft hurts them and how they believe they need to change the rules about cultural
artifacts that were acquired during a time of conflict. The also talked about
how laws have changed recently however, there needs to be more and stricter
laws. They say it is harder to prosecute because you must prove they had mental
awareness that they were committing the theft. Some other areas that they touched
on was the vandalism of art. There have been several cases where people have purposely
poked holes in the paintings, scratched them, or even destroyed them with scissors
when they had the painting in their possession and got caught. An officer in
the Italian military that is part of a small art theft group within the military
he spoke on how counterfeiting is the biggest issue that they deal with.
Especially with all the new modern art techniques and how they can replicate
the art to a very close almost undiscernible eye could tell them apart. The
last thing that really stood out to me was the speaker from Germany. She spoke
about how she believes that their open borders make art theft more difficult to
catch. This is because someone can steal something and freely walk over the
border and then the art is never found again. The Italian officer spoke about
how most art is taken, stolen, or copied from someone that you know. One example
might be that they had a theft of twenty paintings. Tied up two employees and after
the fact it was found out that the security guard knew them and was charged as
part of the theft group.
The biggest
lesson that was learned by me is that whenever you buy art you need to do your
due diligence and verify the linage and the paper trail of the piece of art. It
is your responsibility to verify that the piece of art that you are purchasing
is not stolen or copied. The German speaker also spoke about how their laws
needed to be updated. Their current law states that a breaking and entering must
have occurred for it to be art theft. However, this leads me to question when
something is a mental something or a piece of paper that you drew it on and
someone took it that is not breaking and entering so is that where some of the dispute
about sharing between countries comes from? I also began to think about how
different the intellectual freedom act is going to hinder us in the United States
more than help us. This podcast was extremely informative and kept my interest most
of the time. I learned a lot about how they can keep track and locate stolen
art. There were several different speakers and some of the accents were hard to
understand however, they all seemed knowledgeable and ready to help anyone
there to understand what was the different topics that they spoke on. I feel
like this podcast would be an extremely good tool and continuing education for
police, museum staff, and interested parties. This podcast has prompted my mind
to research some information on how the intellectual freedom laws transfer
between countries and if a copyright holds up in another country of just the United
States.
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