TheRealTim
Jr. Member
- Aug 17, 2022
- 36
- 45
Who owns the past? Who owns the property? The answer is the same for both questions, with the exception of human remains and hazardous materials. I would argue that in many, if not most cases that artifacts in the hands of private collectors are cared for better than those in the hands of museums and university anthropology departments. Outside of those that are on public display, how many artifacts are degrading in basement boxes stacked to the ceiling and waiting for a government grant to be properly curated, studied or displayed? Ownership imbues responsibility. That's just as true for artifacts as it is for owning vs. renting a house.
You can click on the link I provided above and watch the entire episode of Secrets of the Dead. It's a pretty good story about how this tug of war plays out between the various entities across the scientific/private/government spectrum. In the end, the little kiddos win in this story. The crotchety paleontologist lost out because it was sold to a private collector. They guy who found it lost out when he had to sell it for a fraction of its worth because he needed money. The auction house won big because it sold for almost $8 million, close to 4 times what they expected. And the new owner put it on loan in a children's museum in Florida for 3 years. What happens after that? I don't know. That episode shows a lot of large dinosaur skeletons displayed in private homes. But your house would have to be pretty big to display the largest triceratops skeleton ever found. How many shipwreck/salvage hunters have the actual restored 16th century ship on display in their house as opposed to the bell, cannon or anchor? Probably not many. Those that do most likely have it in a private museum they own and work hard to draw in paying visitors and preserve their investment.
But it shouldn't be complicated at all. In international waters it should belong to whoever lays their briny hands on it first. That's a lot more straightforward and honest than trying to determine if a 16th century Spanish shipwreck carrying Aztec gold belongs to Spain, Mexico or the civilization that doesn't exist anymore. Who owns the past? The smiling dude who retrieved it.
Not really. It's a matter of a government entity and a quasi-government entity teaming up and working against the interests of a private entity. The same shipwreck/salvage hunters who are trying to make a living are paying taxes that are being used against their interests. They may get paid for doing the actual salvage work, but they are basically relegated to being the Grubhub and DoorDash folks in the equation. Universities with multi-billion dollar endowments shouldn't be getting government grant money to do what private companies are out there raising money and investing their own sweat to do. There is an entire filed called contract law that can sort this out. A university meets with someone who found, or is looking for a shipwreck. They negotiate terms. You sign. You dine. If terms can't be worked out, there are plenty of other universities and salvage companies out there who can take a whack at it. It's actually pretty simple.
I hear you. There's a lot in here about the way that you think it should be. I respect your opinion and agree with some of it. But for most of us, there's an ocean between the way things are and the way we'd like for things to be. Or what the laws are and what we'd like them to be.
I wouldn't argue with you about your opinions. I respect your right to have them, and we can disagree and that's cool. When it comes to the law (and particularly shipwrecks in international waters), it definitely IS complicated, whether we want it to be or not. The only effective way I know of changing laws is to raise money, hire lobbyists, and get cracking.