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i

ANTIQUITIES
WHAT EVERYONE NEEDS TO KNOW®
ii
iii

ANTIQUITIES
WHAT EVERYONE NEEDS TO KNOW®

MAXWELL L. ANDERSON

1
iv

3
Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered
trademark of Oxford University Press in
the UK and certain other countries.

“What Everyone Needs to Know” is a registered trademark of

Oxford University Press.

Published in the United States of America by Oxford University Press

198 Madison Avenue, New York, NY 10016, United States of America.

© Oxford University Press 2017

All rights reserved. No part of this publication may be reproduced, stored in

a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press, or as expressly
permitted by law, by license, or under terms agreed with the appropriate
reproduction rights organization. Inquiries concerning reproduction
outside the scope of the above should be sent to the Rights Department,
Oxford University Press, at the address above.

You must not circulate this work in any other form

and you must impose this same condition on any acquirer.

CIP data is on file at the Library of Congress

ISBN 978–0–19–061493–5 (pbk)
ISBN 978–​0–​19–​061492–​8 (hbk)

1 3 5 7 9 8 6 4 2
Paperback printed by LSC Communications, United States of America
Hardback printed by Bridgeport National Bindery, Inc.,
United States of America
v

To Chase and Devon

vi
vii

CONTENTS

ACKNOWLEDGMENTS XV
FOREWORD XIX

Part I: Legal and Practical Realities

1 Defining Antiquities 3

What are the differences among antiquities, archaeological

materials, and ancient art? 3
How is archaeological material defined? 3
How are scientifically excavated objects removed from
under land or water? 4
How is ancient art defined? 7
Are there accepted arbiters of these definitions? 9
How have these definitions changed over time? 12
How do different countries define antiquities? 13
What are the differences among countries, nations, and ‘state parties’? 13
How do scholars define antiquity differently from culture to culture? 14

2 Cultural Ownership: Past and Present 19

Did people collect in antiquity? 19

How did artifacts move across cultures in the ancient world? 28
viii

viii Contents

When did ancient cultures turn into modern ones? 29

Who gets to decide whether an artwork has ‘repose’—
or a permanent claim to stay in its current place? 30
What happens to cultural ownership when governments
or regimes change? 31
Why does a modern nation have a claim to an ancient culture? 31

3 Framing Today’s Debate 34

What are the key issues in debate on this matter? 34

What are the fault lines between archaeologists and
those defending collecting? 39
What is at stake in the debate? 41
Who gets to decide the outcomes of claims and counterclaims? 41
How has the debate changed over the last few years? 42

4 The Cosmopolitan Argument 47

What does the contextual argument leave unanswered? 47

What is the cosmopolitan argument? 48
How is it rooted in history? 53
What practical steps are implied in the cosmopolitan argument? 54
How has the cosmopolitan argument been received? 55

5 Divining Originals, Pastiches, and Forgeries 57

What are the origins of copying and forging antiquities? 57

How is an original antiquity recognized as such? 58
What reveals that an antiquity has been restored? 61
What is meant by an intervention? 62
How are replicas defined? 62
What is meant by pastiches? 63
How do experts identify forgeries? 64
ix

Contents ix

How long have there been forgeries? 65

Are fakes and fraudulently restored artifacts a big part of the market? 66
How do experts insure that works are authentic? 67
Are there degrees of authenticity? 68
How many forgeries make their way into established collections? 69

Part II: Settled Law and Open Questions

6 International Conventions and Treaties 73

What prompted a global conversation about conventions

on cultural property? 73
Is there a generally accepted understanding of which antiquities
are legal to export and import? 74
What are the international treaties governing what is legal? 75
How have market nations dealt with the UNESCO Convention? 77
How have source nations dealt with the UNESCO Convention? 80
What treaties have come in the wake of the UNESCO Convention? 82
What is meant by “good faith”? 83

7 National Laws and Statutes 85

How do national laws intersect with foreign legal systems? 85

What are the differing laws among so-​called ‘source’ countries
protecting ancient artifacts? 89
What are the export restrictions of art-​rich nations? 91
What are the import restrictions of nations where collecting is robust? 92
How and where are stolen works seized by government authorities? 92

8 Modern National Identities 95

What modern nations first codified the concept of cultural

patrimony or state ownership? 95
How much does state ownership depend on national identities? 96
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x Contents

Have there been successful challenges to state ownership? 99

What if the evidence of state ownership is unclear? 101
Are there legitimate claims of state ownership decoupled
from national identity? 102
Are there recently formed nations with looser claims
to state ownership? 103

9 Chance Finds, Excavation, and Looting 104

What are the differences among chance finds, excavation,

and looting? 104
How do different nations treat chance finds? 105
What kinds of shipwrecks have been discovered to date? 105
What are the ownership laws governing shipwrecks? 106
What will become of as-​yet unexcavated antiquities underwater? 109
What will become of unexcavated antiquities underground? 110
What is the best way to care for freshly excavated works today? 110
How does someone become a looter and what do they earn? 111
How are source countries working to counteract looting? 111
How do looted objects get ‘laundered’ so as to minimize scrutiny
and suspicion? 112
How do looted works end up on the legal art market? 112
What protections are there to lessen looting by those charged
with protecting archaeological sites? 113

10 Acquiring Antiquities in the Marketplace 114

What are the primary channels through which antiquities are sold? 114
How big is the licit art market? 114
How is the legal art market faring? 117
And how about the illicit market? 117
How big of a problem are chance finds? 118
How do intentionally looted works make their way to the market? 120
xi

Contents xi

Who buys looted artworks? 121

What is a good faith purchase under civil law? 122
How were private collections formed in the modern era? 122
What information about purchases accompany a bill of sale? 123
Are collectors complicit or innocent in fostering the illicit trade? 123

Part III: Scenarios and Solutions

11 Realities of Storage, Dispersal, and Display 127

What happens once antiquities are excavated? 127

What are the contents and state of modern museum storerooms? 128
How well documented are artifacts in museum galleries
and storerooms? 129
What will happen to stored works in the long term? 130
How easily do artifacts circulate for exhibitions, long-​term loans,
and collection sharing? 131
How common are long-​term loans or collection sharing? 132
How have displays of antiquities changed over time? 133

12 Capturing Antiquity: Documentation 136

What is meant by object documentation and why is it important? 136

What are the unique challenges in documenting antiquities? 138
How have antiquities been documented until recently? 140
What is the best way to identify ancient objects in the digital age? 142
What new methods to document archaeological objects are
on the horizon? 143

13 Replication of Ancient Objects 145

What is meant by replication? 145

What did people in antiquity think of replication? 145
xii

xii Contents

Why were Roman copies of lost Greek originals so popular? 146

How were replicas viewed in antiquity in Asia? 148
How about in pre-​Columbian Art? 148
When and why did plaster casts enjoy popularity? 148
For what purposes are replicas of antiquities in use today? 149
Will 3D printers and manmade materials make increasingly
credible duplicates of originals? 150
Can replicas substitute for originals? 151

14 Retention, Restitution, and Repatriation 154

What do these terms mean? 154

Which term is best suited to address the Parthenon Marbles? 155
Are antiquities better off staying put or circulating? 156
How have recent upheavals in the developing world affected
the rationale for state ownership? 158
What is “safe harbor” for ancient objects? 159
How do restituted objects fare once returned to their source country? 161
What are “objects in limbo”? 162
How much provenance is deemed sufficient to take objects out
of limbo? 163
Is transparency about objects in limbo productive? 164
Have source countries claimed any objects in limbo that are not
documented as stolen? 164
What will become of antiquities in private collections that don’t
meet restrictive acquisition standards? 165

15 The Prospect of an Enlarged Legal Market 167

Will the legal antiquities market ever expand to include

source countries? 167
What are the arguments for and objections to enlarging the licit
antiquities market? 169
xiii

Contents xiii

What are the potential benefits to source countries in permitting

a legal market? 170
How do advocates of an expanded legal market suppose that
it might develop? 170

16 Evolving Perspectives on Ownership 172

How are dealers and collectors coping with increasing restrictions? 172
What are collecting institutions advocating? 173
What are the differences between ownership and stewardship? 174
Why don’t museums sell antiquities in storage? 176
Is leasing antiquities a viable alternative? 179

17 Looking Ahead 180

Are claims likely to increase in the coming years? 180

What new technologies might safeguard antiquities from harm? 181
How will remote sensing affect the care and study of antiquities? 181
How much more is there to be discovered underground? 182
Will underwater excavation become more prevalent? 183
Will source nations ever adequately police archaeological sites? 183
Will attitudes to the antiquities market shift? 183
Will digital emulation and simulation of ancient contexts become
more acceptable? 184
How many forgeries might be revealed in major museum collections? 185
Is the appetite for present distractions displacing interest in the past? 186

BIBLIOGRAPHY 187
INDEX 243
xiv
xv

ACKNOWLEDGMENTS

The call from Oxford University Press to undertake this book

was a welcome surprise. Nearly forty years of studying and
caring for public collections of ancient art should logically
have equipped me to offer something useful. But the challenge
of even-​handedly assessing relevant issues in such an impor-
tant, complex, and ever-​changing field was not one I took
lightly. While debates about ethics and practices with respect
to collecting antiquities can quickly become heated and per-
sonal, I have done my best in the present book to be fair to
divergent positions and refrain from impugning the motives
of those with strongly held beliefs.
Antiquities: What Everyone Needs to Know does not pretend
to be comprehensive or unbiased, since neither attribute could
describe an enterprise so brief and of necessity colored by per-
sonal experience. It is instead offered up as a toolkit to help the
reader develop informed opinions when confronted with in-
formation about the past—​whether during a visit to a museum,
monument, or archaeological site, while reading a news item,
or upon encountering an archaeological artifact for sale.
As is the case with any publication demanding months of
research and writing, the author is obligated to many people.
My principal debt is to my family for allowing me to slip away
and burrow into the project. Archaeologists, museum adminis-
trators, curators, conservators, legal experts, and dealers have
xvi

xvi Acknowledgments

also enriched my appreciation of the divergent positions in

this field, from undergraduate days to the present. Professor
Matthew Wiencke at Dartmouth College cajoled me into ap-
plying to graduate school in ancient art. Harvard’s inimitable
Professor George M.A. Hanfmann was unfailingly encourag-
ing as I pursued my PhD, reminding me when I was juggling
research, writing, and teaching that “there are twenty-​four
hours in the day, and then there are the nights.”
The Metropolitan Museum of Art’s Dr. Dietrich von Bothmer
gave me an office in the Department of Greek and Roman Art
for ten years, throughout my passage from graduate student
to curator. While I came to recognize that his swashbuck-
ling methods of collecting were anachronistic, he generously
extended to me and others a memorable and lasting schol-
arly platform. The Metropolitan Museum’s peerless director
Philippe de Montebello supported my evolution as a curator
at every turn, and taught me much of what I took into a subse-
quent career as a museum director. The Metropolitan’s General
Counsel, Sharon Cott, has been an unflappable source of even-​
handed wisdom for over two decades, as has Josh Knerly,
general counsel to the Association of Art Museum Directors,
and Susan Taylor, former president of the Association of Art
Museum Directors and today director of the New Orleans
Museum of Art.
My dear friend Professor Eugenio La Rocca, former director
of the Capitoline Museums, and among the world’s leading
scholars of Greek and Roman art, introduced me to the key
protagonists in Italy’s archaeological establishment, helped
see to my appointment as a visiting professor of Roman art at
the University of Rome, and graciously opened doors at every
turn, as did archaeologist Dr. Luisa Musso, his wife.
The expertise of Professor Stephen Urice was indispensable
in my quest to represent accurately the legal landscape of an-
tiquities, but I bear complete responsibility for any errors or
omissions. One of his best students, Katherine Brennan, con-
sented to take on the critical role of research assistant. Besides
xvii

Acknowledgments xvii

researching references and importing footnotes, she was a

first-​rate reader and sounding board, and I owe her a great
debt. She too is however blameless for any missteps made in
the book.
My editor at Oxford University Press, Sarah Pirovitz, first
approached me about this undertaking, and marched me ably
through every sequence in its realization. A good editor is all
that stands between a book’s welcome reception and igno-
miny, and I thank her warmly.

May 2016
New York City
xviii
xix

FOREWORD

Over three million shipwrecks are at rest on the ocean floor,

many laden with priceless art treasures and artifacts from thou-
sands of years ago; their fate is uncertain as the technology of
underwater exploration improves. Back on land, museums
ringing the Mediterranean, the Black Sea, and countless other
bodies of water are crammed with unphotographed objects
lacking scientific documentation. The legal case for a source
country retaining all objects found within that nation’s borders
is clear. What’s not so obvious is what is best for those objects.
If extant museum basements are full, yet most of the ancient
world is still underwater and underground—​a good part of
Pompeii awaits excavation—​how will the resources be found
to safeguard, document, and share the importance of tens of
millions of as-​yet-​undiscovered artifacts?
The continuous terrestrial development and modernization
of every nation reveals evidence of the remote past on a daily
basis, much of it unreported and ending up in a black market
of indeterminate size. Modern-​day iconoclasts including the
Taliban and Islamic State are destroying monuments or sell-
ing objects on the same illicit market. They are but the latest
entrants into an ignoble history of looters that stretches back to
ancient Egypt, including a range of actors from farmers to un-
scrupulous excavation guards to members of syndicates and
organized crime families.
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xx

xx Foreword

Today’s wanton destruction of ancient monuments, tem-

ples, and other public buildings in Syria and Iraq strikes at the
very core of our humanity. Any lavishly made structure that
has stood reasonably intact for 2,000 years has been a backdrop
to the lives of countless millions over centuries. Its intentional
obliteration, born of a quest to conscript young people by eras-
ing their heritage and history, wipes away not only the evi-
dence of ingenious engineering and design talent. It also robs
us all of a touchstone of the human experiment’s continuity.
This book is intended for any reader curious about the
world behind these dramatic headlines, including those who
might reasonably assume that antiquities pertain only to the
past. Everyone alive today is literally standing on top of layers
of history extending back to the Paleolithic era. Our contempo-
rary surroundings often reveal little or nothing about the past
beneath our feet. But that largely invisible past defines us—​it
shapes the ways in which we live, work, and play, the values
we hold, and the ways our civilization will in time be judged.
The study of antiquities is as old as human history. But the
public’s attraction to its study has ebbed and flowed over time,
and is stirred up by momentous discoveries like the Tomb of
Tutankhamun in 1922, or by tragedies like the current destruc-
tion of monuments and sites in the Middle East. There is no
agreement on what is to become of these objects in the fullness
of time. International waters are just that. Antiquities found by
chance or intentionally looted appear in fashionable galleries
without a passport or a ticket home, and these displaced arti-
facts circulate in a murky trade, the ill-​gotten gains of count-
less and faceless protagonists.
Questions raised by chance discovery and intentional loot-
ing of the past are legion, as are questions about the policing of
amateur exploration, the efficacy of scientific state-​sponsored
excavations, treasure laws rewarding metal-​detector-​bearing
individuals, national laws forbidding export of ancient objects,
and the creation and promulgation of public and private col-
lections of such material.
xxi

Foreword xxi

Tens of millions of people visit museums annually. These

visitors spend countless hours examining objects both with a
well-​known history and those with very little. This book will
equip museumgoers with a fuller understanding of the ques-
tions they should have when considering antiquities in any
setting—​in the modern nation where they were discovered, in
the international galleries and auction houses where they may
be offered for sale, and in the private residences and public
museums where they often end up.
Readers of this book may have observed the volley of ac-
cusations and retorts about antiquities in the media, popular
press, and previous books. However, they may have done so
without a frame of reference to make their own judgments.
Antiquities is intended to provide a reasoned summary of the
fairest way to assess these controversies and the new ones that
will inevitably arise.
Antiquities is divided into three sections. The first explores
the fault lines between archaeologists and those seeking to
own antiquities. The second offers a readable guide to the in-
ternational treaties and national laws that govern the discov-
ery and trade in antiquities. And the third section elucidates
the likely fate awaiting works yet undiscovered and those that
are the subject of study or of claims by others.
I strive to take a balanced and nuanced approach to the
issues, assessing arguments on both sides of the debate, and
providing insight into how these positions were formed. The
primary objective of the book is to equip readers with what
they need for an informed encounter with examples of ancient
heritage and with those professionals who today devote their
lives to the protection and enjoyment of our common past, and
the last chapter forecasts potential approaches to caring for our
archaeological heritage.
xxii
1

Part I
LEGAL AND PRACTICAL
REALITIES
2
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So many sacrifices, so much devotion—have they all been expended
to no purpose? Assuredly not. The shock given to Irish society by
exposing all its misery has certainly assisted in ripening the question,
of hastening its solution, and consequently of shortening the
sufferings of all that too numerous class of the population who
persist in remaining in their native land, although that land can no
longer nourish them. A second Ireland already exists in America; a
third will soon be founded in Australia or elsewhere. In the
prosperity that they have found will the Irish retain the religious
faith, the morality, and the gaiety, which have supported and
consoled their fathers through so many years of oppression and
misery? Unfortunately, we are not quite sure. These fine qualities,
which seem inherent in the race, receive very severe blows when it
quits its native soil. Let us at least hope that they will be
perpetuated amongst those who remain in the Emerald Isle, and
that travellers will be able to continue paying them the homage that
I have done when returning from a visit to Paddy at Home.

THE END.

FOOTNOTE:
[5] I scarcely believe this, but the Irish like to assert it.

Richard Clay andSons,

london and bungay.
 Transcriber’s Note:

Obvious typographic errors have been

corrected.
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