Brazilian Collector’s Lawsuit Over Van Gogh Painting Dismissed

Brazilian Collector's Lawsuit Over an 1888 Van Gogh Painting is Dismissed by the Detroit Judge on Friday.

Jan 22, 2023By Angela Davic, News, Discoveries, In-depth Reporting, and Analysis
Brazilian Collector's Lawsuit
Van Gogh’s “The Novel Reader” painting

 

Brazilian collector’s lawsuit did not give the expected results. Collector Gustavo Soter filed a lawsuit on the basis that he acquired Van Gogh‘s painting seven years ago, for a little less than four million. Through his attorneys, he also said he wasn’t able to locate it after giving it to a third party. Soter expected to get the painting back, but the Detroit judge thought differently.

 

Brazilian Collector’s Lawsuit: The judge Says the Museum is Blameless

Brazilian Collector's Lawsuit
Van Gogh’s “The Novel Reader” painting

 

In making his decision, the judge referred to federal law. The law states the judge can’t intervene in a dispute between a Brazilian collector and a Detroit museum. There is a safeguard on the painting of a woman with a book, titled “The Novel Reader”. “The Detroit Institute of Arts can’t be ordered to give it up”, U.S. District Judge George Caram Steeh said.

 

The museum has a loan of so many Van Gogh‘s artworks. This particular painting’s exhibition lasted for a month, and it ended today (Sunday). Soter’s advocates come from the Brokerarte Capital Partners LLC. Their goal was to win the lawsuit and get the painting back from the museum.

 

Brazilian Collector's Lawsuit
The Detroit Institute of Arts

 

 

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The museum never revealed how they got the painting for the exhibition. They only publicly stated it came from Brazil. On the other hand, Steer says the museum is not to blame. The judge noted that federal law protects the temporary sharing of international art or works of cultural significance. The museum also took this defense.

 

Soter’s Lawsuit as a negative impact on cross-cultural interactions?

vincent van gogh painted with words
Van Gogh: Painted with Words, 2010, via Binged

 

Steeh also said this lawsuit, if decided otherwise, could cause a negative impact on cross-cultural interactions. Before making the claim that an item is free from seizure, an institution must first satisfy the burden of proof in court. The proof needs to state that the foreign lender had the legal authority to loan the item.

 

“The Novel Reader Painting” is a true example of Post-Impressionism. Vincent Van Gogh created the painting in 1888 around mid-November in Arles. He mostly worked on the model and that was his constant practice. Because of that, the common belief is this painting was his experimental piece of work.

 

The Detroit Institute of Arts
The Detroit Institute of Arts

 

He painted this figure from his imagination, and if he based her on someone he knew, we don’t know her identity. Vincent mentions his houseguest, Paul Gauguin, adding that Gauguin “strongly encourages me to work often from pure imagination.” As someone who preferred to base his pictures in something tangible, even if he altered reality in the end, Vincent found this technique “de tête” a challenge.

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By Angela DavicNews, Discoveries, In-depth Reporting, and AnalysisAngela is a journalism student at the Faculty of Political Science in Belgrade and received a scholarship for continued education in Prague. She completed her internship at the daily newspaper DANAS and worked as an executive editor at Talas.