The Questionable Destination of Countless Works of Art

This is a painting titled “The Courtyard of the Old Residency, München”. Its a painting that has a style that doesn’t quite make a lasting impression, but maybe knowing that the artist behind this work was Adolf Hilter will.

When thinking Adolf Hilter the first word that comes to mind isn’t art, at least not for most people, and because of this we aren’t aware of the major role that art played in his life. The time of the second world war was a undoubtedly a time of chaos, especially in the art world. Though the exact number is unknown the nazis looted hundred of thousands of works of art ranging from Vincent Van Gogh to MichelAngelo.

Technology being leaps and bounds ahead of what it was 50 years ago, it has become a much less daunting task to try and track down the rightful “heirs” to works of art. Organizations like the Mondex Corporation work to ensure that the stolen works are distributed where they belong, usually being the distant relatives of those from whom the works of art were originally stolen. Mondex noticed that hundreds of works belonging to the Kainers had been listed in an international database of art lost in the years during World War II, their next step was to try and track down any relatives that were left.

Tracing the family genealogically, the tracks had a peculiar end. Rather than leading the company to a person they led to an organization that was established by the Swiss Bank Corporation to help educate children, preferably of Jewish heritage. The tangled mess with a mysterious end that is the chain of custody of these works of arts is the reason why the Kainer “Heirs Sue Bank Over Sale of Nazi-Looted Art“.

There is no denying that the Nazi looting of art was both immoral and illegal but the past cannot be changed. Currently the families whose art was stolen are undergoing a restitution process, during which works of art that have been classified as looted are being redistributed to their “rightful” owners. The action of restitution poses a much larger question, where does art belong?

Keeping private works of art is reasonable, but there should be a process by which art somehow becomes available to the public. The best process would be through emulating the way the patent system works in the United States. Patent laws restrict the intellectual property from being stolen for 14 or 20 years, depending on the style of the patent. After the year restriction ends the patent is no longer in play. The reason why this system works is because it allows for private profit but after some time it allows for the advancement of technology by making the technology public. In a similar sense the possession of art should be made to benefit the private individual but then work its way to the public to better the advancement and awareness of the arts.

6 Responses to "The Questionable Destination of Countless Works of Art"

Ann Privorotskiy says:

October 24, 2014 at 12:09 am

I think that the whole motive behind this feud is completely wrong. Rather than the argument being about preserving heritage and the Kainer family wanting possession of the art because they value its historic background, they are angry that they didn’t receive profit from the sales of these pieces. The article points out that the family accuses the paintings to be used in a “sham foundation ostensibly organized to support the health and education of Jewish youth but actually formed, they say, to cheat them out of their inheritance.” I think this is a very cynical and selfish way to think, especially because I don’t think the Kainers know the legitimacy of this organization and to accuse it of being a sham just sounds like a defense they want to use to get the money. These paintings came from the Holocaust times, so they obviously have very rich histories and stories to tell and it seems like all of that is being pushed aside like it’s worthless. Like I said, I think that this whole debate is not about what it should be and that people have grown so money hungry, that they fail to appreciate the meaning and story behind art pieces.
anandpoonai says:

October 24, 2014 at 3:17 pm

The article you posted was very insightful and I responded the same way you did. As everyone knows, the Holocaust was by far one of the most horrid events to have taken place, resulting in the desolation of many Jewish people. I agree with Ann when she says that “they are angry that they didn’t receive profit from the sales of these pieces”. At the end, when you say, “Keeping private works of art is reasonable, but there should be a process by which art somehow becomes available to the public,” I feel the same way. That art is valuable property and the painters during the Holocaust put a lot of time and effort in their works of art. Considering that these paintings come from the times of the Holocaust, the paintings obviously hold a lot of significance. These paintings, however, should not be focused on money. Instead, they should be focused on the value behind it. Great article!
ehughes1 says:

October 24, 2014 at 5:24 pm

It’s such a shame that UBS bank officials and the foundation’s executives have taken advantage of the Kainer family and all of their assets. It seemed very odd to me when “Lawyers for UBS said in court papers that the company has no relationship with the foundation and is merely a bystander in this case.” In my opinion, they’re just like the bystanders in a school fight: they don’t bully the poor kid, nor do they do anything to help. The situation is bad enough after the Kainers weren’t contacted about the lost works of art; but the fact that the thieves were organized as a “sham” foundation to support the health and education of Jewish youth makes it that much more disappointing and overall worse than before. I agree with Ann in that the motive behind this feud is completely wrong. I’m upset that the Kainers weren’t informed about their lost art collection, but they’re upset that the they didn’t get a cut of the profit from the sale of the art. As Anand said, this art came from the era of the Holocaust, which is very valuable and priceless. The Kainers have failed to recognize the actual significance behind this art, which is that art should not at all be making money, and instead appreciating the history and beauty of it.
Bethany Freynk says:

October 26, 2014 at 11:46 am

It is extremely disappointing that such injustice against Jews continues after over 70 years of the Holocausts end. This article is a prime example of Ann’s previous blog post about stolen artwork being kept from descendants of Holocaust victims. I am surprised that a Swiss Bank would attempt such a scam, as this has become a very personal issue for Jews all over the world. I agree that art should be respected and admired for its content rather than its monetary value, but if I was in the position of the Kainer’s I do not think that my first concern would be the work itself. In truth, I would definitely be apprehensive of the 11 million dollars being stolen from my family. As a bystander it is easy to say that these people are immoral or ignorant, but it is much harder to face a large organization such as a bank over millions of dollars and state that the whole conflict is for the paintings themselves. For example, Mrs. Kainer’s cousin, Mr. Corden promises to donate most of the money towards a good cause if he gets any of it. Generally, it is hard to judge such an ambiguous situation without being familiar with the Kainer’s or the Swiss Bank.
nicholasleung says:

October 27, 2014 at 10:29 am

This just comes to show how such a time in history can still reverberate into a completely other century. Something like this displays a strong sense of injustice in the system of communication today. I agree with Anand, though: I do not see this as a money issue, but more as a historical issue. Those pieces should have been hanging in a museum to be sold by no one, or safe at home with the owners to do what they please with it. Hopefully, the bank will learn now not to tamper with such a sensitive and important issue such as stolen property.
stephenesses says:

October 27, 2014 at 1:04 pm

This article brings the topic back up about stolen artwork that was used in a previous blog post. It is a shame that many works of art were stolen from their owners and that there isn’t an easier way for people to get the pieces of art in return even 70 years later. I agree that most art should be made available to the public. To have art locked up in someones house is not what the artist envisioned. Art is meant to be shared by all, having an owners is not a problem but owners should keep their artwork in museums, allowing everyone to enjoy it. It is unfortunate that many pieces of art have been privatized, and that people are not able to see, and learn from those pieces.

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