The Lost Mural of Bruno Schulz: A Critical Legal Perspective on Control, Access to and Ownership of Art

When a forgotten mural painted by the Jewish-Polish artist Bruno Schulz was rediscovered in 2001 a string of legal issues were unravelled. Who could rightfully claim ownership to this work of art? Was it the Holocaust museum Yad Vashem in Jerusalem, because Schulz was a Jew killed by the Nazis, and because it is a museum that has the means, experience and know-how to restore and preserve the work properly? Or Ukraine on whose sovereign soil it had been found? Or Poland whose citizen Schulz had been? When five fragments of the newly discovered mural, which had already been restored to a certain extent by Polish conservationists, were taken to Israel by Yad Vashem representatives it resulted in political outrage. The incident illustrates how certain artistic works fall through the cracks in the law especially when it comes to the multi-faceted needs of the artworks in a globalised world. This article illustrates the weaknesses in various legislations dealing with ownership and access to art, mainly intellectual property law. It is argued that current regulation is sometimes ineffectual and must be discussed in order to cater for all the various aspects and needs of art and the public interest in it.