The Met Museum in New York has won the right to keep "The Actor" after a court sided with the institution. Laurel Zuckerman claimed she was the rightful owner after her great uncle sold the painting to escape the Nazis.
The Met Museum acquired the 1904-05 classic, known as "The Actor," in 1952 and on Wednesday the United States Court of Appeals in Manhattan said Laurel Zuckerman, the great-grandniece of Paul Leffmann, waited too long to demand the painting's return. She made the plea in 2010.
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.
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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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Zuckerman's claim that the work was sold under duress by her late relative was recognized by the court. However, due to the amount of time that had elapsed, Chief Judge Robert Katzmann said it would be unfair for the art museum to relinquish the Picasso masterpiece.
According to US visual arts magazine Art News, the decision read: "It is simply not plausible that the Leffmanns and their heirs would not have been able to seek replevin — a legal term for an action involving the return of property — of the painting prior to 2010."
The court added that the HEAR Act, a commonly cited law in restitution cases allowing heirs of victims of Nazi persecution to reclaim art, did not apply because of the lapse in time.
"This is not a case where the identity of the buyer was unknown to the seller or the lost property was difficult to locate," Judge Katzmann concluded.
According to the complaint, German-born Leffmann fled Italy, which during the Nazi era was led by the dictator Benito Mussolini, a close ally of Adolf Hitler. He used the $12,000 (€10,500) from the sale of the masterpiece to a Parisian art dealer to escape with his wife to Switzerland.
Zuckerman's lawyer had no immediate comment but this was not the first time the case was heard. A lower court judge also believed the Met to be the rightful owner of "The Actor" in February of 2018 and now that decision has been upheld.