Alexander Kaplan

Recently, the Manhattan District Attorney subpoenaed the Museum of Modern Art to seize two Egon Schiele paintings loaned by an Austrian museum, claimed to be the stolen property of heirs of Holocaust victims. In the wake of these seizures, this note analyzes the New York State and federal statutes that protect works of art on loan to exhibits from seizure, and discusses the importance of these laws in providing full exemption from seizure to ensure the stability and success of major museum exhibitions in New York City. While arguing for the need for comprehensive statutory protection from seizure, this Note recognizes and addresses the rights of victims of art theft to concrete means of recovery and compensation.

This Note opens by analyzing the legislative history and underlying policy concerns of the anti- seizure statutes, proposing several arguments that the purpose of the New York law is to insure complete statutory protection for lenders to museum exhibitions in order to encourage premier exhibitions. The author then discusses the Schiele Case and argues that the trial court correctly ruled that the New York statute should protect against all seizures considering the harmful effects that allowing any seizure may have on the ability of museums to carry on major international exhibitions. Finally, the author explores methods for resolving disputed claims of ownership and remedies available to victims of stolen art without seizure of loaned works in order to avoid deterring lenders from contributing to museum exhibitions.