Unravelling the legalities of the stolen British Museum artefacts

Glass roof inside the British Museum
11 Sep 2023

The scandal of the British Museum thefts has sparked an immense, international public reaction but, as litigation expert Rosie Adcock explains, determining rightful ownership of stolen relics is complex.

Is your community ready to fill the local authority funding gap?

Image showing library interior
30 Sep 2024

Cuts in local authority spending are having serious impacts on communities. But, as David Alcock argues, they could throw up a once-in-a-generation opportunity.

Leicester Curve employee stole more than £800,000

26 Sep 2024

A man has pleaded guilty to laundering around £868,000 from Leicester Curve, stolen by his wife, who worked at the theatre.

The Leicester Mercury reports that Karen McGowan, 50, siphoned off the money over a period of 15 months.

McGowan worked in the venue's finance department for five years when in April 2019 her fraud was discovered and she was sacked.

Prosecutor Andrew Peet said that Mrs McGowan was addicted to gambling and would put the money into the account of her husband, Graham McGowan, 57, before transferring it to her own.

She has also pleaded guilty to money laundering and two counts of fraud.

The couple are due to be sentenced at Leicester Crown Court on a later date.

 

 

Former National Trust employee jailed after over £1m fraud

23 Sep 2024

A building surveyor from Bristol has been sentenced to six and half years in prison after being convicted of 28 offences relating to over £1m of false invoices to the National Trust.

Roger Bryant, 73, of Coombe Close in Barnstaple, Devon was employed by the National Trust as a building surveyor and was responsible for a budget of more than £500k a year.

Between January 2008 and October 2013, he submitted invoices to the organisation for building work that was not completed.

The charity believed it was paying two companies, JR Contracting and SB Construction, for work that had been completed but later discovered payments to both firms were being made to bank accounts controlled by James Bryant.

The National Trust made 148 payments totalling £1,125,304.86 before the fraud was discovered in October 2013 when the charity sought to update its approach to procurement.

Judge Burgess KC called Bryant’s offences “audacious and protracted” and noted his position of trust within the organisation.

Following the trial, the National Trust said it was "pleased with the outcome".

"We trust our staff to do their jobs efficiently and honestly which is vitally important to an organisation responsible for looking after many different places in such a wide geographical area," it said.

"We have all been very shocked at the crimes committed by a trusted member of staff."

New guide for devised and collaborative theatre practitioners

21 Aug 2024

A new guide is hoping to clarify issues around copyright and collaboration agreements when working on devised and collaborative theatre projects.

Created by the writers' union, the Writers' Guild of Great Britain (WGGB), Devised and collaborative theatre - a guide is available to download for free.

The 17-page guide covers a range of issues that can arise when working on projects with multiple writers – or even, in some cases, no clearly defined writer at all.

The areas covered include who counts as a writer; copyright, fees, royalties and definining percentage contributions; the importance of collaboration agreements; joint authorship and co-authorship; and what to do when a collaboration breaks down.

Writer, deviser, director and producer Jenifer Toksvig led the development of the guidelines. She said: "I’m very excited about this addition to the Guild’s amazing and comprehensive guidelines.

"Devised and collaboratively-made work is such a huge and magical area of theatre, and these guidelines will support and protect the writers and performers working in a collective space."

The new guide will be discussed at a free Edinburgh Festival Fringe event on Saturday 24 August. Writers who wish to attend can register here.

Hampshire theatre loses planning appeal

16 Aug 2024

A bid to keep a 450-seat venue in Hampshire that was operated without planning permission has been turned down.

The BBC reports that the Arden venue was constructed behind the existing Titchfield Festival Theatre in St Margaret's Lane, Titchfield, on land purchased in 2021.

Fareham Borough Council issued a Planning Enforcement Notice in November because the building only had consent to be used for storage.

The theatre appealed against that decision but the case was rejected by the Planning Inspectorate.

Titchfield Festival Theatre has now been told it has to stop using the venue for performances by 12 October and remove the stage and seating within seven months.

Ian Bastable, Vice chairman of the planning committee at Fareham Borough Council, said: "I am pleased to see the Planning Enforcement Notice has been upheld and the appeal dismissed.

"It seems extraordinary that, despite concerns raised by the council in connection with creating a large theatre here, the works still went ahead."

Cultural organisations 'facing real challenges' over riots

Police officers forming a line
09 Aug 2024

Arts Council England Chief Executive Darren Henley says many cultural organisations have been affected by 'unacceptable rioting and violence in communities around the country'.

Theatre alerts audiences over increase in ticket scams

Worried woman with smartphone and debit card
08 Aug 2024

A regional theatre has warned that its audience members are increasingly being targeted in social media scams selling fake tickets.

Lottery funding down for third consecutive year

A National Lottery sign
01 Aug 2024

Figures from government show the amount of lottery funding distributed to good causes, including the arts, is falling.

ArtsEd head quits after staff relations ‘damaged beyond repair’

The exterior of ArtsEd.
15 Jul 2024

An independent report into allegations of bullying and favouritism at ArtsEd found Principal Julie Spencer had called students 'snakes'.

UK-China: Opportunities, challenges and IP protection

Two women dancers
15 Jul 2024

As arts companies look internationally for new partnerships and audiences, Alex Lalak explores potential concerns about copyright protection when taking your work to China.

ACE: Race discrimination costs claim 'a matter of integrity'

Award-winning musician Speech Debelle
27 Jun 2024

Public body is seeking costs of £40,000 after claims by former Relationship Manager of harassment and persecution by colleagues were judged to be groundless.

Museum removes paintings amid Nazi looting probe

17 Jun 2024

A museum in Switzerland will take down five paintings suspected of being looted by Nazis after new international guidelines were laid out earlier this year to aid restitution of art that was previously stolen or forcibly sold. 

Kunsthaus Zurich Museum said the paintings - by Monet, Courbet, Toulouse-Lautrec, van Gogh and Gauguin - will be removed from display while an investigation is conducted.

The works form part of the Emil Bührle Collection, which has previously been the subject of provenance questions. 

Bührle was an arms dealer who sold weapons to the Nazis in World War Two. When he died in 1956, he had built a collection of some 600 artworks, many of which are on display at the Kunsthaus as part of a 20-year loan.

Switzerland is one of more than 20 countries that signed up to the US State Department’s Best Practices for Restitution of Nazi-Confiscated Art in March. 

Stuart Eizenstat, the US secretary of State's special advisor on Holocaust issues, said the guidance sought to address "over 100,000 of the 600,000 paintings and many more of the millions of books, manuscripts, ritual religious items and other cultural objects stolen that have never been returned".

Under existing Swiss law, descendants seeking to recover artworks from the Bührle collection have no legal claims for restitution or compensation due to statutes of limitations.

The Emil Buhrle Collection board said it is "committed to seeking a fair and equitable solution for these works with the legal successors of the former owners, following best practices".

Culture Recovery Fund: ACE investigating four cases of possible fraud

People wearing face masks looking at art
30 May 2024

Emergence of ongoing investigations coincides with fresh scrutiny of a £480,000 grant administered by ACE in 2021 to a Manchester-based firm. 

FBI investigates missing British Museum artefacts

28 May 2024

The FBI is investigating the whereabouts of hundreds of artefacts missing from the British Museum.

Some of the missing ancient gems, jewellery and other items have been traced to the USA. A buyer in New Orleans, who is no longer in possession of any items, told the BBC the FBI had been in contact asking for information about two pieces he bought on eBay.

The British Museum says that of 1,500 items estimated to have been stolen or missing, more than 600 have been bought back and a further 100 have been located. According to the BBC’s report, the US law enforcement agency has assisted in returning 268 items that were sold to a collector in Washington DC.

Senior curator Peter Higgs, has been accused by the museum of stealing, damaging and selling ancient artefacts. A court case is currently ongoing. Higgs, who has been dismissed from his role at the museum, denies the allegations.

The BBC’s latest investigation suggests artefacts could have also been sold in other countries. Danish antiquities dealer Ittai Gradel, who first alerted the museum to thefts, has tracked down artefacts that were sold to buyers in Hamburg, Cologne, Paris and Hong Kong.

British Museum locates further stolen items

21 May 2024

The British Museum has found a further 268 items that went missing or were stolen from its storerooms.

The Guardian reports that the latest batch of recovered items brings the total to 626. George Osborne, the museum’s Chair, said the number of items recovered so far was a “remarkable result”.

“Few expected to see this day, and even I had my doubts," he said. 

"When we announced the devastating news that objects had been stolen from our collection, people understandably assumed that was it – we were unlikely to ever see more than a handful of them again. That’s usually the history with thefts like this,” he said.

“But the team at the British Museum refused to give up. Through clever detective work and a network of well-wishers, we’ve achieved a remarkable result: more than 600 of the objects are back with us, and a further 100 have been identified – in total almost half the stolen items that we could recover.”

Around 2,000 items were found last year to be missing or lost, some of which had been sold on eBay.

Two women charged over Magna Carta protest

13 May 2024

Two women in their 80s have been charged with criminal damage after the glass around the Magna Carta at the British Library was attacked, the Metropolitan Police have said.

The Guardian reports that the Rev Sue Parfitt, 82, from Bristol, and Judith Bruce, 85, from Swansea, were arrested last Friday morning (10 May).

The British Library said its security team intervened to prevent further damage to the case, and the “Magna Carta itself remains undamaged”.

The gallery housing the display is closed until further notice, it added.

The two women have been released on bail and are due to appear at Westminster Magistrates Court on 20 June.
 

ArtsEd delays misconduct report

01 May 2024

London drama school ArtsEd has revealed it will delay publishing a public statement and summary of conclusions from an investigation into alleged misconduct by its senior leadership team.

The school's Acting Chair, Farida Mannan, said that although an update had been due on 30 April, it would now be deferred until 28 June.

Earlier this year, the board appointed barrister Ghazaleh Rezaie to independently investigate allegations of misconduct and bullying made against Principal Julie Spencer.

Spencer herself was appointed in 2022 after a previous independent review led to the resignation of former principal Chris Hocking.

The 2021 barrister-led investigation found that ArtsEd had a “sexualized environment” and demonstrated a “lack of regard” for the wellbeing of students, exposing them to favouritism, bullying and other misconduct.

Recent allegations against Spencer were made by students, alumni and former staff in Deadline and described a “toxic” and unsafe culture. ArtsEd has strongly disputed the claims.

In February, an employment tribunal heard a former staff member describe a “culture of fear” at ArtsEd and express unease about Spencer and her deputy, Yewande Akindele's leadership.

Spencer is currently on medical leave but has denied the allegations against her.

Let's get smart about paying artists

Image of 'stoned fox'
26 Apr 2024

To mark World Intellectual Property Day, Adele Morse thinks it’s time the UK caught up with other countries in paying its artists fairly. 

Legal issue prevents council from selling artworks

22 Apr 2024

Middlesborough Council has decided against selling artwork from its £32.5m collection to help avoid bankruptcy after research into the legalities of the process concluded it could result in the "threat of significant legal challenges".

Director of Regeneration Richard Horniman said it could also affect future grant funding for the town.

Horniman told councillors: “Following some joint work between ourselves and Mima (Middlesbrough Institute of Modern Art), it is clear that the ownership of the artworks is legally open to interpretation and therefore a challenge.

"For example, the LS Lowry painting was donated by the artist to the council for the people of Middlesbrough."

“The council technically own [the Lowry painting] but wouldn’t be able to try and sell it without the threat of significant legal challenge.

"Recent examples have shown it is very easy to prevent such sales and cause huge reputational damage in the process.”

Middlesbrough Council is one of at least 19 local authorities to receive exceptional financial support from the government, to help it avoid effective bankruptcy.

A spokesperson for ACE told the BBC that although they understood the financial difficulties faced by local authorities, selling off art should not be used to cover short-term gaps in funding as it would “erode the long-held and hard-won trust that the public have in museums and will cause irreversible damage to the UK’s cultural inheritance.”

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