Finders' Fee Lawsuit

 

Should the finders of Ötzi receive money for their discovery? If so, how much is fair?

According to Brenda Fowler in her book Iceman, Helmut and Erika Simon (photo), who discovered the Iceman's body in 1991, began to capitalize on their discovery shortly after it occurred. 

Fowler writes:

They had been home less than a week [after discovering the Iceman] when an Innsbruck lawyer called to inform them that he believed they might have some claim to the corpse. At first, the idea struck them as absurd. It was a treasure that belonged to all humanity, and they felt honored to have discovered him. Then again, they thought they should at least inquire. But first they hired another lawyer to deal with the Innsbruck lawyer (p. 56).

 

     Trial 1

Eventually in January, 2003, the Simons asked a court in Bolzano, Italy, to recognize their role in the Iceman's discovery and declare them the "official discoverers" of the Iceman. 

At the time the lawsuit was filed, their lawyer Rudolf Ramirez said: "My clients are simple, honest folk, lovers of nature, for whom the discovery was probably the most eventful moment of their lives." He continued that his clients would be content "if only a plaque were to go up with their names."

However, there was speculation that the Simons wanted more than a monument, perhaps as much as a 6-figure pay day. And if they won their lawsuit, the Simons would then be entitled to a finders' fee. According to Italian law, this fee is the equivalent of 25 percent of the value of the discovered item. If one considers that Ötzi earns approximately 2.5 million euros a year (about 3.2 million US dollars) in admission fees alone at the South Tyrol Museum of Archaeology in Bolzano (and more in photo rights), 25 percent of Ötzi's value would have been a considerable amount.

Finally, in November, 2003, the Simons were declared the official finders' of Ötzi. Then began the legal wrangling, for, the question remained: how would the value of a 5,300-year-old man be determined? Would it be based on his value as a museum display? Would it be based on a certain timeframe?

By the end of December, 2003, the Simons announced the amount of money they wanted: $300,000. They hoped that officials from the local government province and from the South Tyrol Museum of Archaeology would agree to a settlement. Instead, government officials appealed the decision.

 

     Trial 2

In June, 2006, the appeals court ruled that the Simons did indeed discover the Iceman and were therefore entitled to a finder's fee. What's more, the court ruled that the provincial government must also pay the Simons' legal fees. The victory was perhaps bittersweet, in that Mr. Simon has died in 2004.

Despite the law, government officials still insisted that they would pay no more than €50,000 (about $65,000). The Simons' lawyer argued that the Iceman earned a considerable amount of money for the provincial government both in admissions fees at the museum and in money brought in from tourism; they believed that they were entitled to a larger sum. Again, they hoped for some type of settlement.

Although they asked a finder's fee of about $300,000, their request  was apparently reduced after the June, 2006, finding to €150,000 (about $195,000). However, the provincial government responded that the high expenses it had incurred to establish a museum and maintain the Iceman's preservation should be considered when determining the finder's fee; therefore, they maintained that a reduced fee was justified. According to one official, "One has to consider that we have borne all the expense of exploiting the find." Of course, Mrs. Simon saw things differently. 

 

     Trial 3

Instead of working out a settlement, local officials decided in September, 2006, to make one final appeal, this time to Italy's highest court, the Cassation Court. 

Stay tuned for the outcome of this case.


If Ötzi only knew about this legal battle, what would he think?

 

SOURCES: Calgary Herald (1/16/03); straittimes.com (1/17/03); News.com.au (8/11/03); Montreal Gazette (12/26/03); ansa.it (10/6/05); discovery.com (6/5/06); ansa.it (9/27/06)


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