For years on different unofficial levels and occasions my husband was promoting the idea of the restoration of the monuments of King Carol I and King Ferdinand . And now he has to read the Romanian paper to understand what was actually going on behind his back? Who is going to take responsibility for this huge scandal ? Are there any consequences for the one/ones who lied because of petty reasons ( or big financial ones ?) , abusing the names of King Carol I , King Ferdinand and Ivan Mestrovic ?
The sad thing is that what happened now is such a dirty spot , all the more that my husband had always talked in a great and positive way about Romania since his father was close friend with King Carol II and some of Matthew ’s best memories were from his childhood - when HM Carol II paid a visit to the Mestrovi’c summer place in Split or when his father was creating these two statues, the monument to Bratianu , the portrait to Mrs. Bratianu and some Romanian diplomats…
Thank you for being sincere with us. I can also be sincere and tell you so far what is the opinion of most of the copyright and other kind of lawyers we contacted : In Romania you have little chances to win even in such a flagrant case , because of the system , the corruption on high levels, the nepotism etc…in spite of the membership in the EU ! Contact foreign media, TV , papers and courts ! We feel it sounds pretty sad . Obviously we had illusions for the democracy in your country , because of our emotional connection with Romania, based on Ivan Mestrovic affection towards you people.
We consider the problem with MCC and Codre to be more important for your own people. Mestrovic does not need two renovated statues to prove that he was one of the greatest sculptors since the Renaissance. All his works and life proved it. The reconstruction of the equestrian statues of HM Carol I and HM Ferdinand was meant to be great symbol for the rebuilt democracy and a historical gesture , concerning the Romanians : Romania had great political figures and great past - a firm base for it’s blossoming future and a guarantee for it’s special place the united modern European family.

Sincerely ,
Prof. Dr. Matthew Mestrovic
Prof. Rumiana Mestrovic

Tuesday, May 20, 2008

Today’s Croatian daily “Vecernji list” ( “Evening paper̶ published an article by Denis Derk * concerning the Romanian project in question. The journalist is quoting an official letter that “Vecernji list” received last Friday (16 05 2008 ) from the cabinet of Minister Bozo Biskupic ( Ministry of Culture of Croatia ) in which it is stated :
” The Ministry of Culture of Croatia , upon the request from the Romanian side , helped in the establishment of contacts with the heirs ( of Ivan Mestrovic) , all the subsequent negotiations about eventual casting were conducted with the heirs”. Other words the Croatian Minister of Culture asserts that the Romanian Minister of Culture is not telling the truth when he claimed in Cotidianul ** and elsewhere that
I don’t want to judge who is telling the truth, but I ( as one of the four heirs with equal rights , esp. copyright holder ) was never offered by the Croatian Minister of Culture millions of Euros , as the Romanian Minister of Culture claimed and the claim of Minister Adrian Iorgulescu is officially denied by the Croatian Minister of Culture . Minister Adrian Iorgulescu also have never offered me any money , let alone millions , nor did hi undertake any negotiations. Let the two Ministers sort out who is inventing information and let them prove it with documents.
Obviously the Ministry of Culture of Croatia denies any negotiations with Mestrovic’s heirs. That implies that any negotiations must have been conducted only by MCC of Romania . Let MCC produce evidence when they offered us any copyright compensation ! And if they claim that one of us refused their 4 million Euro offer , let them name him. Besides MCC should know that this can not be legal as any negotiations had to be conducted with all the four holders.
I underline - I never asked nor was offered any monetary compensation by MCC ! MCC never conducted with me any negotiations . I welcomed the reconstruction of the two equestrian statues of HM Carol I and HM Ferdinand by immediately answering the only letter of MCC of 11 August 2006 ( identical letters were sent to the other three heirs) from Secretary of State Virgil Stefan Nitulescu(MCC), expressing the intension to re-erect the two statues- of HM Carol I and HM Ferdinand ***. MCC never replied…
So why it is so important for Minister Adrian Iorgulescu to hide the fact and to feed the Romanian people with false information ?
After August 2006 , since I thought that MCC has serious intentions, I consulted some lawyers to clarify the real situation with the copyright of the two equestrian statues of HM Carol I and HM Ferdinand and I turned out that irrespective of the ownership of the two models ( mine and of my nephew) any reconstruction had to be with the approval of all four heirs ( MCC knew this fact from the Mestrovic Foundation or Museums) .

Sincerely,
Prof. Dr. Matthew Mestrovic

* Denis.Derk@vecernji.net
** Carol I, acuzat de plagiat, 08 Mai 2008 Alexandra Olivotto : „Am avut chiar o discuţie cu guvernul croat, s-au oferit chiar să plătească ei drepturile pentru statuia lui Carol I, deci nu e o problemă de bani, chit că îi dăm noi, chit că îi dau ei. Însă unii dintre cei patru moştenitori ai sculptorului refuză să vândă drepturile, iar tranzacţia trebuie făcută cu toţi deodată“, a explicat pentru Cotidianul ministrul Culturii, Adrian Iorgulescu.”
*** “…I will be glad to discuss directly with the Ministry of Culture and Religious Affairs of Romania the matter of restoring the statue of King Carol at its location in Bucharest. Allow me to add that I was delighted to hear again about the initiative of the Romanian government . On several occasions in the past, when I was a member of the Croatian parliament and was in Bucharest, and while I was the Croatian ambassador in Bulgaria, Romanian officials raised the issue of the restoration of the destroyed monuments, but at that time there was no concrete issue… ”

22 May 2008

We just had this afternoon a meeting in the Ministry of Culture with the person of the Cabinet, appointed by the Croatian Minister of Culture for such a conversation. The subject of my meeting with Nina Obuljen (Chief of Cabinet to the Minister of Culture of the Republic of Croatia, and Coordinator for UNESCO at the Ministry of Foreign Affairs ) were two questions:
1. Did the Croatian Ministry of Culture ever had any negotiations with the Romanian MCC or representatives of the Romanian government concerning the two equestrian statues of HM Carol I and HM Ferdinand ? Did ever the Croatian government had discussions with Romanian officials regarding huge amounts of copyright compensation ? As MCC officials claim in Romania*…
2. Did the Croatian Ministry of Culture ever had any negotiations with the four heirs of Ivan Mestrovic concerning the two equestrian statues of HM Carol I and HM Ferdinand ? Did the Croatian Ministry of Culture ever offer 4 million Euro or any amount for copyright compensation to the four heirs of Ivan Mestrovic or any of them , on behalf of the Romanian of the Croatian State or Government? As MCC officials claim in Romania *…

On these questions the answer of Nina Obuljen , on behalf of the Croatian Minister of Culture ,was :
“NO! Never! In the Croatian Ministry of Culture there is not a single paper or document exchanged with MCC on this subject. It is not our business to interfere what Mestrovic’s heirs are doing in eventual negotiations or contacts with the Romanian side. We just told the Romanian Officials who the heirs are and that negotiations and discussions should be held only with the Mestrovic family as copyright holders and owners of the two statues. The Croatian Ministry of Culture does not intent to deny whatever was published in the Romanian media , because that is not our duty or obligation, we do not have time to do things like that - to track who said what and to respond , even if a claim was made by the Romanian MCC. We hardly have time to deny what is published even in the Croatian papers. To the delegation sent by the MCC in Zagreb in 2006 we did not give any permission for taking photos of your statues , since it is not our right to do so. ”
In this case let the Romanian MCC clarify and prove when and with whom they “negotiated”, with all the specifics and technical details that negotiations include?** To whom did MCC offered 4 million EURO ? How did the head of Public Monuments and Heritage Tourism Bucharest, Mr. Florin Necula “know” that we would ask 3 million EURO even before we were informed about the project? *** Why in June 2006 when they were in Zagreb, Mr. Virgil Nitulescu and Mr.Mihai Oroveanu did not invite us for a discussion as they said so to the Romanian papers that they intend to do ? **** Why MCC does not have real discussion or negotiations with us , if we support the project and they are really interested in reconstructing the monuments ? Or if someone cheated or misled MCC , let them find out who and why? It is never too late to have civilized dialogue, if there is good will.

I underline - the four heirs hold the Mestrovic copyright , the big models of the two equestrian statues of HM Carol I and HM Ferdinand are mine and my nephew’s property. We strongly support the project of reconstructing the two destroyed equestrian statues.

Bucharest is entitled to get the genuine statues of HM Carol I and HM Ferdinand , instead of poor imitations and plagiarism that offend the memory of the two kings and Ivan Mestrovic. Such a project has a profound symbolic meaning !

Sincerely,
Prof. Dr. Matthew Mestrovic
Prof. Rumiana Mestrovic

* http://www.cotidianul.ro/carol_i_acuzat_de_plagiat-45386.html and elsewhere
„Am avut chiar o discuţie cu guvernul croat, s-au oferit chiar să plătească ei drepturile pentru statuia lui Carol I, deci nu e o problemă de bani, chit că îi dăm noi, chit că îi dau ei. Însă unii dintre cei patru moştenitori ai sculptorului refuză să vândă drepturile, iar tranzacţia trebuie făcută cu toţi deodată“, a explicat pentru Cotidianul ministrul Culturii, Adrian Iorgulescu.”
** http://www.cultura.ro/DosarPresa.aspx?ID=115
“MCC are sprijinul autorităţilor croate în realizarea acestui proiect, însă partea mai dificilă o reprezintă obţinerea drepturilor de autor deţinute de urmaşii lui Mestrovic, în număr de patru.”
*** http://www.timpul.md/Rubric.asp?idIssue=284&idRubric=4394
“Statuia ecvestră a regelui Carol I urmează să fie construită pe bani grei, în Piaţa Revoluţiei din Bucureşti. Numai cumpărarea drepturilor de autor pentru folosirea machetei de 50 cm - care se află, în prezent, la moştenitorii sculptorului croat Ivan Mestrovici - ar putea ajunge până la trei milioane de euro, crede Florin Necula, şeful Administraţiei Monumentelor şi Patrimoniului Turistic Bucureşti.”
**** http://www.gardianul.ro/2006/06/03/media_cultura-c20/negocieri_cu_urmasii_lui_ivan_mestrovici_pentru_preluarea_machetei_statuii_lui_carol_i-s79875.html
” Virgil Nitulescu, secretar de stat in MCC, si Mihai Oroveanu, directorul Muzeului National de Arta Contemporana, vor discuta cu urmasii lui Ivan Mestrovici pentru o eventuala multiplicare a uneia dintre machetele dupa care a fost realizata statuia, anunta Mediafax.”

Sincerely, Prof. Rumiana Mestrovic “

1.We consider the work of Mr. Codre a plagiarism of Mestrovici’s monument of HM Carol I since any remodeling or reshaping of a sculpture without the permission of the copyright holder is a violation of the law. The copyright for all of Ivan Mestrovic’s sculptures belongs to us, his 4 heirs till 2032, according the Copyright Law .We were never asked by the Bucharest City Hall to grant such a permission .Therefore any action taken in connection with the equestrian statues of the Romanian monarchs destroyed by the communists in 1948 is illegal , if it is taken without the written authorization of the four heirs , who jointly hold the copyright (irrespectively of the ownership of a particular sculpture) . This can be confirmed by any lawyer specialized in copyright law. You can draw a conclusion also by comparing the attached photos of the old monument and Codre’s version.

2. Even if we ignore the legal side of the problem , the sculptor F. Codre , who is an abstractionist, is the least appropriate artist to make a statue after Mestrovici’s original because Mestrovici was a figurative artist . You can see that by comparing the art of Codre ( see the next e-mail concerning Codre) and a selection of Mestrovic art sent in a separate e-mail. Codre should have made something responding to his style, because the statue of HM Carol I he made looks like Mestrovici after a plastic surgery operation.

3.The Romanian MCC officials must have given to the media a lot of misinterpretations, wrong information and false claims , not to say lies and slanders ( because I do not believe that the journalists have invented them) .

- It is not true that for 2 years negotiations went on with us.There were no negotiations since negotiations mean a process and there was only single contact with us.

The exact chronology supported by documents is :

-30 March 2006 , before we were contacted in any way, false and suggestive information appeared in the media (see for example http://www.timpul.md/Rubric.asp?idIssue=284&idRubric=4394 ). It is a slander that Mestrovici’s heirs would ask 3 million Euro for the copyright of a small plaster or model ( 50 cm ) of HM Carol I . The first lie is that we ever asked for any amount of money - we never did ! We also were never offered any money from any Romanian or Croatian Ministry of Culture official or any other state official! The plasters or models of HM Carol I and HM Ferdinand that are our private property are approx. 3 meters high , not 50 cm. ( one is property of my husband Matthew Mestrovic and one of his nephew.The statue, are in the Gliptoteka which mixed up their titles) .

-20 April 2006, the Mestrovic Foundation (Mestrovic Museums) director officially informed in writing the Romanian MCC who exactly are the four Mestrovici’s heirs, incl. their addresses.

- June 2006, MCC delegation came to see the original plasters of the two equestrian statues of HM Carol I and HM Ferdinand kept in Gliptoteka ( The Glyptotheque of the Croatian Academy of Sciences and Arts) in Zagreb . Nobody informed or invited the heirs on that occasion. Let MCC explain why nobody tried to see , talk or communicate at least with Prof. Dr. Matthew Mestrovic, Ivan Mestrovic’s heir who lives in Zagreb ( besides residing in New York ) and who was in Zagreb during the visit of MCC delegation? Isn’t it absurd if MCC really wanted something to be achieved ? At this point the Romanian MCC had the official information who are the four Mestrovic heirs, that jointly hold the copyright . The Mestrovic heirs heard about this visit much later from an unofficial source . Why the Romanian officials are excusing themselves with some alleged negotiations with the Croatian Ministry of Culture since the statues in question are not state property nor does the copyright belong to the Croatian state?

-20 July 2006,a letter to Matthew Mestrovic ( also perhaps identical letters to the other three heirs ) from Andrew Popper, Master of HM King Michael’s Household, Elisabeth Palace , expressing the intension to re-erect the two statues- of HM Carol I and HM Ferdinand .

-11 August 2006 , letter to Matthew Mestrovic ( identical letters were sent to the other three heirs) from Secretary of State Virgil Stefan Nitulescu(MCC), expressing the intension to re-erect the two statues- of HM Carol I and HM Ferdinand .

-21 August 2006* , answer to Andrew Popper by Matthew Mestrovic approving and strongly supporting the project and asking for the specific conditions, arrangements , technicalities etc. Some further contacts till Oct.2006 without specific success or final conclusion .

* forwarded to the Romanian embassy in Zagreb

-21 August 2006*, answer to Secretary of State Virgil Stefan Nitulescu , MCC, by Matthew Mestrovic greatly approving , strongly supporting the project and asking for the specific conditions, arrangements , technicalities etc. We never got any response to this letter.

* forwarded to the Romanian embassy in Zagreb

-11 Oct. 2006 , by e- mail first and only contact coming from H.E. Oana Popa (Ambassador, Romanian Embassy in Zagreb) .

-nothing…so we concluded that MCC gave up the project and decided that a Romanian sculptor would make modern statues of HM Carol I and HM Ferdinand…until 03 May 2008 when we were informed, again in unofficial way by some Romanian friends, about Codre’s plagiarism - the statue of HM Carol after/inspired by Mestrovic ( unveiled in Bucharest) .We still don’t know what will happen with the monument of HM Ferdinand. Perhaps F. Codre will make another plagiarism after/inspired by Mestrovic?

- It is not true what ministrul Culturii, Adrian Iorgulescu said “that the Romanian state did everything to purchase the copyright” etc*.

The Romanian state never offered us( nor did we ever ask ) the alleged 4 million EURO or any other amount of money for the copyright, just for the model of the statue of HM Carol I from the Croatian Ministry of Culture or by the Romanian MCC .

*www.cotidianul.ro/carol_i_acuzat_de_plagiat-45386.html )

This way the Romanian officials are accusing the Croatian government of playing unfair or a double game. The Croatian Ministry of Culture actually is accused for giving wrong information to the Romanian side or hiding from the heirs the negotiations that have been held behind the back of Mestrovic’s heirs . Where are the proofs ? Let Mr. Oroveanu , Mr. Virgil Stefan Nitulescu or any Romanian official show to us or to you the documents on which are based all these invented claims. It is an attempt to manipulate Romanian society by the allegation that we , the heirs or one of us, caused the collapse of the project !

It is not true that by decision of the Tribunal in the Hague Ivan Mestrovic was paid by the Romanian state damages for his statues of HM Carol I and HM Ferdinand , that were destroyed in 1948 by the Communists ( we read this false claim in numerous Romanian sources ) .

Let MCC or any Romanian officials prove this false claim with some documents or at least let them say when such a monetary compensation was executed. It is only true that by law such damages had to be covered , but who can imagine that during the Communist Regime such a measure could have been undertaken, while Ivan Mestrovic was still alive ( he died in 1962). Since the democratic changes occurred in Romania nobody of the four Mestrovici heirs sought such a compensation in any court of law , even though it was a legal right .

Our point is that we do not insist on restoring the destroyed Mestrovic statues, but it is unacceptable that his art be plagiarized, deformed or abused . Let the abstractionist Mr. Codre make a dozen Carol I statues, if he wants and if the Romanian officials are eager to pay him from the taxpayer pockets , but let it be clear that his creations have nothing to do with the figurative sculptor Ivan Mestrovic. It is ridiculous that Mr. Florin defends himself from the accusations of plagiarism by stating that all the equestrian statues in the world look similar and that consequently they can all be proclaimed plagiarisms *…Sapienti sat ! Let him consult any lawyer specialized in copyright .

*www.cotidianul.ro/carol_i_acuzat_de_plagiat-45386.html …

We hope that the most important is that the truth come out and that the democratic Romanian state give back to your people the real values and perspectives , lost under Communism . The history and the culture of a nation , of a state , define their future and prosperity .We are deeply convinced that the Romanian people will succeed in this.

Sincerely ,
Prof. Rumiana Mestrovic

E greu sa muncesti, si decat sa plateasca drepturi de autor mostenitorilor lui Mestrovic pentru macheta, Statul Roman a preferat sa-l plateasca pe unul de-al nostru.

Se aude ca vor sa inaugureze de 10 Mai statuia.