German businessman Paul Leffmann sold Picasso's "The Actor" in 1938 to escape Nazi Germany with his wife. His great-grand-niece has lost a lawsuit aimed at returning the piece to the family estate.
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A federal judge ruled on Wednesday that the New York Metropolitan Museum could not be forced to return a Picasso painting to the descendant of a Jewish businessman who sold it underpriced to flee Nazi Germany.
Judge Loretta Preska said Laurel Zuckerman could not prove her great-grand-uncle, Paul Leffman, had sold the painting under "duress" despite the unfortunate circumstances.
Internet platform lostart.de revealed exhibits from the collection of art dealer Hildebrand Gurlitt. Suspected of being Nazi-looted art, the paintings were confiscated from the home of Cornelius Gurlitt.
Image: Staatsanwaltschaft Augsburg
'Seated Woman,' Henri Matisse
The Internet platform lostart.de has revealed further exhibits from the collection of art dealer Hildebrand Gurlitt - including the "Seated Woman" by Henri Matisse. Since the works were suspected of being Nazi-looted art, the paintings were confiscated from the home of Cornelius Gurlitt, Hildebrand Gurlitt's son, in February 2012.
Image: Staatsanwaltschaft Augsburg
'Allegorical Scene,' Marc Chagall
The work "Allegorical Scene," by famous French painter Marc Chagall (1887-1985) was also found in Gurlitt's home. The "poet among painters" was of Russian-Jewish origin, and is considered one of the most important artists of the 20th century. His works are often associated with Expressionism.
Image: Staatsanwaltschaft Augsburg
'Girl at the table,' Wilhelm Lachnit
Wilhelm Lachnit (1899-1962) was a German painter who mainly worked in Dresden. He made a conscious effort to take on Nazism with some of his work. In 1933, some of his works were confiscated and classified as "degenerate art." Lachnit was arrested. During the air raids on Dresden in February 1945, most of his works were destroyed - but now some have resurfaced.
Image: Staatsanwaltschaft Augsburg
' The Veiled,' Otto Griebel
The works of the German painter Otto Griebel (1895-1972) were part of the New Objectivity style. After World War I, Griebel was a member of the Communist Party of Germany, and later he co-founded the Red Group in Dresden. The Nazi regime did not like Griebel's "proletarian-revolutionary art," and in 1933 he was arrested. His work was denounced as Communist art.
Image: Staatsanwaltschaft Augsburg
'Mother and Child,' Erich Fraass
Painter Erich Fraass belongs to the "lost generation" of German artists, whose work was severely curtailed and prevented by Nazi propaganda. He belonged to the board of the "New Dresden Secession" artists' association, dissolved in 1934 by the Nazis.
Image: Staatsanwaltschaft Augsburg
'Male Portrait,' Ludwig Godenschweg
Ludwig Godenschweg was a German sculptor and etcher. In addition to his undated print, "Male Portrait," another of Godenschweg's works was also found at Gurlitt's home, "Female Nude." Both could have been part of the looted art from the collection of Dresden lawyer Fritz Salo Glaser, the daily "Die Welt" reported. His heirs want to reclaim the works.
Image: Staatsanwaltschaft Augsburg
'Musing Woman,' Fritz Maskos
Little is known about the German sculptor Fritz Maskos (1896-1967). Maskos created works like the bronze sculpture "Der Führer" and is considered controversial. His work "Somnambulist" was shown in 1938 in the exhibition "Degenerate Art" in Berlin. His pastel "Late summer still life" was seen at the Great Dresden Art Exhibition in 1943.
Image: Staatsanwaltschaft Augsburg
"Abend, Melancholie I,' Edvard Munch
Norwegian painter Edvard Munch is represented with several exhibits in Gurlitt's collection. Munch greatly influenced the style of expressionism and modernism. His most famous work, "The Scream," was stolen in 2004 from the Munch Museum in Oslo, but was rediscovered in 2006. The origins of this print have been dated to 1896.
Image: Staatsanwaltschaft Augsburg
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The facts of the case
Paul Leffman was a German Jewish businessman who sold Picasso's 1905 painting "The Actor" to two art dealers for $13,200 to escape with his wife from Nazi-allied Italy to neutral Switzerland in 1938.
The Metropolitan Museum of Art received the painting as a donation in 1952, but did not acknowledge Leffman's prior ownership until 2011.
Zuckerman, who sought the painting's return and more than $100 million (€820 million) in damages, argued that her family should not lose ownership of the piece given the circumstances of the sale and the fact that Leffman was allegedly forced to sell the painting below its actual value.
Judge Preska said in her 50-page ruling that Leffman did not sell the painting under duress because the sale "occurred between private individuals, not at the command of the fascist or Nazi governments."
Zuckerman's lawyer, Lawrence Kaye, said: "Our client is very disappointed with the decision and intends to appeal."
The Met said the decision was "well-reasoned" and proved it was the "rightful owner" of "The Actor."
How Hitler and the Nazis defamed art
Before he was a dictator, Adolf Hitler was a painter. The "Führer" categorized works of art according to his personal taste. Works he hated were branded "degenerate art" and removed from museums.
Image: picture-alliance/akg-images
Degenerate art
Modern artworks whose style, artist or subject did not meet with the approval of Adolf Hitler and the National Socialists were labeled "degenerate art." From 1937, the Nazis confiscated such works from German museums. In a traveling exhibition, "degenerate art" was held up for public ridicule. Here we see Reich Propaganda Minister Joseph Goebbels and Hitler at the original exhibition in Munich.
Image: picture-alliance/dpa
Hitler's art
Hitler had an affinity for Romanticism and 19th century painting and preferred peaceful country scenes. His private collection included works by Cranach, Tintoretto and Bordone. Like his role models Ludwig I. of Bavaria and Frederick the Great, Hitler wanted to manage his own art exhibition at retirement, to be shown in the city of Linz on the River Danube in the "Führer Museum."
Image: picture-alliance/Everett Collection/Actual Films
The confiscations
The National Socialists were not the first to persecute avant-garde artists, but they took it a step further by banning their works from museums. In 1937, the authorities had over 20,000 art works removed from 101 state-owned German museums. Anything that the Nazis didn't consider edifying to the German people was carted off.
Image: Victoria & Alber Museum
Hitler's national style
Abstract art had no place in Hitler's "national style," as grew clear when the "Great German Art Exhibition" put traditional landscape, historical and nude paintings by artists including Fritz Erler, Hermann Gradl and Franz Xaver Stahl on display in Munich on July 18, 1937. The closer the depicted subject to the actual model was, the more beautiful it was in the eyes of the Führer.
Image: Bundesarchiv, Bild 183-C10110/CC-BY-SA
What was considered degenerate
Even those in Hitler's inner circle were highly unsure which artists he approved of. The 1937 "Great German Art Exhibition" and the simultaneous "Degerate Art" exhibition in Munich's Court Garden Arcades brought some clarity. Unwelcome were creative artists of the modern period including Max Beckmann, Otto Dix, Wassily Kandinsky, Paul Klee, Ernst Ludwig Kirchner and Max Pechstein.
Image: picture-alliance/akg-images
Degenerate art on tour
In the "Degerate Art" exhibition, 650 confiscated artworks from 32 German museums were on display, the exhibits equated with sketches by mentally handicapped persons and shown together with photos of crippled persons. The intention: to provoke revulsion and aversion among visitors. Over two million visitors saw the exhibition on its tour of various cities.
Image: cc-by-sa/Bundesarchiv
Legal foundation
The "Degenerate Artworks Confiscation Law" of May 31, 1938 retroactively legalized their unremunerated acquisition by the state. The law remained valid in the postwar years, the allies determining that it had simply been a redistribution of state property. Unlike stolen artworks, pieces that the Nazis labled "degenerate" and had removed from museums can be freely traded today.
Image: CC by Österreichische Nationalbibliothek
The "degenerate art" trade
The confiscated art was taken to storage facilities in Berlin and at Schönhausen Palace. Many works were sold by Hitler's four art merchants: Bernhard A. Böhmer, Karl Buchholz, Hildebrand Gurlitt and Ferdinand Möller. On March 20, 1939 the Berlin fire department burned approximately 5,000 unsold artifacts, calling it an "exercise."
125 works were earmarked for an auction in Switzerland. A commission charged by Hermann Göring and others with liquefying the "degenerate" art products estimated the minimum bidding prices and commissioned the Fischer Gallery in Lucerne to carry out the auction. Taking place on June 30, 1939, it met with eager interest worldwide.
Image: picture alliance/dpa
Much "degenerate art" in the Gurlitt collection
Over 21,000 works of "degenerate art" were confiscated. Estimates on the number subsequently sold differ; sources estimate 6,000 to 10,000. Others were destroyed or disappeared. Hundreds of artworks believed lost turned up in Cornelius Gurlitt's collection — and reignited the discussion.
Image: privat/Nachlass Cornelius Gurlitt
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Damaged good: The painting was repaired after an art student fell into it and caused a six-inch (15 centimeter) tear in January 2010.
Returning Jewish art: Nazi Germany seized art works from Jews throughout occupied Europe during the Second World War. Descendants of many of the victims have filed lawsuits in recent years to force their return. In November 2017, a French court ordered a Camille Pissarro painting seized from a Jewish art collector by France's wartime government, which was allied with Nazi Germany, to be returned to the collector's family.