Art museum acquisitions face scrutiny over past ownership

Yale University has agreed to return several Machu Picchu artifacts housed in its Peabody Museum of Natural History to their original home in Peru, nearly two years after the Peruvian government sued for their return in December 2008.

Though Yale's agreement is the most recent high-profile repatriation from an Ivy League school, Princeton has also previously been the subject of concerns over the ownership of pieces of art, with a major case involving Italian art still ongoing.

In June 2010, the Italian government accused the Princeton University Art Museum’s antiquities curator, J. Michael Padgett, of acquiring nearly two dozen Italian artifacts for the museum that were the property of the Italian government. The University conducted an internal investigation and is now waiting for the Italian government's response.

“There is still no indictment, and there is no investigation of the museum,” explained James Steward, director of the museum. “Beyond that, we’re in a wait-and-see situation.” Steward is the only member of the museum authorized to discuss its acquisition policies, and he declined to elaborate on the internal investigation.

In an unrelated case in 2007, the art museum returned eight antiquities to Italy in response to concerns over the pieces’ provenance prior to their addition to the University collection.

“That was not an instance where anyone ever accused Princeton or felt that Princeton itself had looted property,” Steward said.

He said that the University had been unable to determine the origin of the artwork because the pieces had gone through a "period of uncertain whereabouts" but returned them voluntarily when asked by the Italian government.

Steward said that the art museum is aggressive in ensuring that the pieces of art it accepts meet a strict set of criteria aimed at preempting possible ownership disputes.

Though some pieces of art, such as those from the 20th century, are not liable to cultural patrimony regulations from groups such as the United Nations Educational, Scientific and Cultural Organization, or UNESCO, many other antiquities are. Before acquiring a piece with unclear provenance, the art museum investigates its history and determines if the export of the item was legal. Steward said that the museum typically rejects any artwork of which the investigation was inconclusive, so as to avoid future legal confrontation with the country of origin.

“We ask a very rigorous set of questions about any work of art that hypothetically might enter our collection either as a gift or a purchase,” Steward said. "We really have a tough standard in that regard, and I would say one of the toughest standards in the country."

Lorraine Sciarra, senior University counsel, said in an e-mail that the art museum’s current acquisition procedures have been in place since 2006.

“Princeton University Art Museum has a stringent acquisition policy in keeping with the November 1970 UNESCO agreement regarding the acquisition of ancient works of art or archaeological material,” she explained. “The policy reflects the art museum's commitment to respecting the preservation of every nation's cultural heritage as well as the specific patrimony law of each country of origin.”

Get the best of the ‘Prince’ delivered straight to your inbox. Subscribe now »

Still, determining where a piece of art belongs is hardly a science. Collectors have arrived at a variety of conclusions. Some believe that objects of material value remain the property of their original geographic region, but others argue that world heritage does not belong to any one culture, nation or government.

“We feel that we’re collecting for posterity even though the standards about cultural patrimony have evolved over time and are inevitably going to evolve yet again as time goes forward,” Steward explained.

The art museum buys some pieces from commercial dealers, auctions or private collectors, but the majority of artwork is acquired through private donations, often from University alumni.

Correction: An earlier version of this story stated that J. Michael Padgett was accused of illegally donating artifacts to the Princeton University Art Museum when, in fact, he allegedly assisted in the artifacts' acquisition from an alumnus.