Just a quick point of clarification on the American Association of Museums
membership information.  Non-profit status is not a requirement for
membership in AAM.  We currently have a small number of for-profit museums
as members.

Non-profit status is one of the requirements for Accreditation by the
American Association of Museums.

-----Original Message-----
From: P Boylan [mailto:[log in to unmask]]
Sent: Friday, November 14, 2003 2:10 PM
To: [log in to unmask]
Subject: Museum definition: "Non-Profit" terminology


I am afraid that - not for the first time - there's a problem because all of
these weeks and months of discussion have focused only on an English
wording, while ultimately ICOM must adopt a text which will have exactly the
same meaning in French and Spanish (as a minimum) as well.

Indeed, in the case of the term "non-profit" the wording is specifically
from American English, not British (or as we like to term it on the eastern
shore of the Big Pond "international"!) English.

If instead we look at the (original) French from which the current ICOM
definition was derived through several "generations" of definitions, the
term is "... sans but lucratif..." - which may perhaps be best translated as
"without a lucrative objective" or perhaps in the business and management
sector: "without a profit-making objective".

The key in either case is the OBJECTIVE of the organisation, not the
"profit" as such.  Does it exist because of funding from investors who hope
profit personally from their investment, normally through the payment of
dividends on their investment (usually registered in the form of common
stock or shares), or - in contrast with this - has it been set up on the
basis of public or charitable funding, with a constitution that ensures that
its funds are used solely for the public or other charitable purposes, with
none of the funds being paid to investors as a dividend?

Indeed, English accountancy and charity law both clearly distinguish between
commercial or industrial enterprises, which are required to show in their
annual published accounts details of both their profit (or loss), and of the
dividend paid to investors, but use the term "surplus" rather than "profit
for public and charitable organisations.

In contrast with commercial corporations or businesses, charitable,
"non-profit or "sans but lucratif" bodies can only use their the annual or
other trading surpluses for the benefit of the charitable objects of the
organisation, and no organisation or individual may receive a dividend or
other distribution of the funds.

Consequently, Catherine has nothing to worry about in relation to the
concept of "non-profit" status: if her museum is in the USA it's almost
certain that it will be registered as a "non-profit" or "501" corporation
under the US tax codes.

Incidentally, I understand that "non-profit" status is a mandatory
requirement for membership of the American Association of Museums, and for
access to most if not all public grant funds.


Patrick Boylan


=========================

On Wed, 12 Nov 2003, Catherine C Cole wrote:

> Hello all,
> My question is not about the wording of the definition, per se, but
> about the concept of nonprofit/not for profit. I reviewed the list
> serve's archives around this discussion and found it very helpful. My
> question is how to determine the balance between revenue generation
> and interpretation? For example, if you have a 15 room historic house
> museum, and 5 rooms are used for administration, 5 rooms for revenue
> generation, 3 rooms as period rooms, and two rooms for didactic
> displays, is it still a museum? If you choose not to furnish the
> drawing room and dining room (arguably the heart of a home
> historically) so you can hold weddings and corporate events there
> easily, are you abdicating your interpretive responsibility? Does your
> legal nonprofit status allow you to compete with hotels, restaurants,
> and gift shops in an unfair way? There's no suggestion of profit going
> to the directors, or even necessarily of there being a profit, just
> that revenue generation may become more important than being a museum.
>
> If anyone would like to reply to me privately on this rather than
> through the list serve, please do so. If you know of any models that
> have successfully incorporated the two, I'd appreciate hearing of
> them. Regards, Catherine C. Cole
>
> Catherine C. Cole
> Catherine C. Cole and Associates
> 10023 93 Street
> Edmonton, Alberta
> T5H 1W6
> tel: 780-424-2229
> fax: 780-428-8986
> email: [log in to unmask]
>
>
> ----- Original Message -----
> From: "Steven de Clercq" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Monday, November 10, 2003 1:52 PM
> Subject: Re: Museum definition: how to choose?
>
>
> > Dear Gary, Bernice and ICOM-List-members,
> >
> > Gary, again, you have done a wonderful job in assembling all these
> > suggestions and - together with Bernice & Geoffrey - forging them
> > into possible definitions and inviting us to comment.
> >
> > First, as I understand it, most ICOM-members prefer a longer
> definition, or
> > rather a description of the various aspects, roles, tasks,
> > ambitions, missions of museums. Therefore, it is no wonder we have
> > such a wide
> choice,
> > and I am sure more will come once our French and Spanish speaking
> colleagues
> > enter the arena.
> > And I also understand Bernice's point where she explains why "...
> > more particularised descriptions are important components of the
> international
> > legal instruments for protection of "human heritage" world-wide"
> (UNESCO)
> >
> > Gary invites us to reflect whether "...  the idea of "public
> > benefit"
> (is)
> > just a politically or socially correct expression ..."
> >
> > I would like to see that in a broader context. Analysing the 11
> different
> > suggestions, we see that most of them:
> > - contain the 'cornerstones' of the definition I earlier suggested:
> "Museums
> > are institutions that keep collections for research and
> > presentation"
> > - mainly differ in the way they specify each of these basic elements.
> >
> > For example: "institutions" are described as being: permanent,
> > public, educational, cultural, 'of public benefit', non-profit, not
> > for
> profit, that
> > serve society, that serve the public, etc. etc.
> >
> > My feeling is that the specification one would like to stress is to
> > a
> large
> > extend determined by personal taste, local political or cultural
> traditions,
> > legal situations, etc. The big question therefore seems to be how to
> choose
> > the 'best-for-all' specification.
> >
> > Against this background, I think Bernice gave a very convincing
> explanation
> > to choose for 'suggestion 1", Bernice's most recent suggestion,
> > which
> I will
> > therefore support.
> >
> > However, it may also be useful to have - next to that longer
> 'explanatory'
> > definition - a short definition on which we can all agree. I
> > therefore suggest to add my rather crude and un-poetic definition as
> > suggestion
> No. 12
> >
> > With best regards,
> >
> > Steven de Clercq
> >
> > On 06-11-2003 18:53, "Gary Edson" <[log in to unmask]> wrote:
> >
> > > Dear ICOM Colleagues:
> > >
> > > This is the most recent November 6, 2003 communication about the
> definition
> > > of "Museum." You may have received this message earlier today, but
> > > I
> was
> > > informed by ICOM L that it could not be delivered because the
> subject
> > > heading had been used previously. This  is not Spam.
> > >
> > > Before I send the suggested definitions for translation (again), I
> want to
> > > circulate the list being considered at this time! The discussion
> continues
> > > and I am very pleased to see the interest being shown in finding
> > > the
> exact
> > > wording for the definition. The difficulty I am having is keeping
> > > up
> with
> > > the word-by-word changes. I am not certain I have the most recent
> version of
> > > a proposed definitions.
> > >
> > > Issues relating to "permanence," "nonprofit," "scientific," and
> > > the inclusive or exclusive nature of "heritage" continue to be
> questioned. I
> > > believe these issues will attract additional attention when the
> proposed
> > > definitions are translated and circulated to our French and
> > > Spanish
> speaking
> > > colleagues. I continue to be concerned about the English language
> focus of
> > > this exchange.
> > >
> > > For my understanding, are we continuing to view museums as in
> outward
> > > projecting institutions that deal with traditional approaches to
> objects, or
> > > should the definition give emphasis to enhancing the multicultural
> and
> > > social diversity role of museums? Does the idea of "public
> > > benefit" adequately describe this role, or is "public benefit"
> > > just a
> politically or
> > > socially correct expression that is open to interpretation and may
> require a
> > > second definition?
> > >
> > > According to my record, the following definitions have received
> > > the
> most
> > > discussion. They are not necessarily listed in order of interest,
> but I have
> > > tried to place the most recently discussed suggestions at or near
> the top of
> > > the list. As always, I await your comments.  Thank you for your
> involvement.
> > >
> > > Gary Edson
> > >
> > > These are your suggestions as of November 5, 2003.
> > >
> > > Suggestion 1:
> > > Museums are institutions that serve society by promoting
> > > knowledge, appreciation and conservation of the natural world and
> > > the cultural
> and
> > > scientific heritage of humanity through collections, memories,
> > > sites
> and
> > > processes they care for, research, and interpret for public
> > > benefit.
> > >
> > > Suggestion 2:
> > > A museum is an institution that serves the public interest through
> > > education, collaboration, communication, or research about social,
> cultural,
> > > or scientific issues expressed as objects, specimens, or
> > > activities.
> > >
> > > Suggestion 3:
> > > A museum is a cultural institution that serves society by
> preserving,
> > > researching and divulgating scientific, cultural and/or natural
> heritage
> > > through the use of collections.
> > >
> > > Suggestion 4:
> > > A museum is an educational organization that serves the public by
> > > researching and interpreting scientific, cultural and/or natural
> heritage
> > > through the use of a physical environment and often objects.
> > > Museums
> that
> > > hold collections care for them as a public trust and preserve them
> for the
> > > future.
> > >
> > > Suggestion 5:
> > > A museum is an educational organization that serves the public by
> > > interpreting scientific, cultural and/or natural heritage through
> the use of
> > > a physical environment and often objects. Museums that hold
> collections care
> > > for them as a public trust and preserve them for the future.
> > >
> > > Suggestion 6:
> > > Museum: A knowledge base of the tangible and intangible evidence
> > > of
> the
> > > cultural and natural inheritance of humanity.  Such a collection,
> normally
> > > in the form of objects or specimens, preserves, promotes and
> presents this
> > > heritage for the benefit of society and its development on a
> non-profit,
> > > permanent basis. A museum is also a place, real or virtual, to
> > > which
> the
> > > public have access to benefit from such activities.
> > >
> > > Suggestion 7:
> > > A museum preserves and presents the objects, specimens, images, or
> practices
> > > of humankind to benefit society, promote education, advocate human
> dignity,
> > > and protect the environment.
> > >
> > > Suggestion 8:
> > > A museum is an organization that serves society by exhibiting,
> maintaining,
> > > or protecting the tangible and intangible evidence of humankind
> > > and
> the
> > > environment for the purpose of cultural enhancement, education,
> enjoyment,
> > > preservation, or research.
> > >
> > > Suggestion 9:
> > > Museums help people to investigate, recognize, and understand the
> world, by
> > > preserving, researching, and communicating information about the
> tangible
> > > and intangible heritage of humanity. Museums are permanent place,
> real or
> > > virtual, established in the public interest, to which people have
> access.
> > >
> > > Suggestion 10:
> > > Museums are established in the public interest and help people to
> > > investigate, recognize, and understand the world, by preserving,
> > > researching, and communicating information about the tangible,
> intangible,
> > > and scientific heritage of humanity.
> > >
> > > Suggestion 11:
> > > Museums are permanent institutions that conserve and communicate
> knowledge
> > > of the natural world and the cultural inheritance of humanity
> through
> > > collections, records, memories, images, and sites. Museums
> > > interpret
> and
> > > research for present and future generations.
> > >
> > > - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
> > >
> > > Change ICOM-L subscription options, unsubscribe, and search the
> > > archives at:  http://home.ease.lsoft.com/archives/icom-l.html
> >
> >
> > Steven W.G. de Clercq
> >
> > Utrecht University, senior consultant Academic Heritage Vice-Chair
> > of UMAC, ICOM's International Committee for University
> Museums
> > & Collections
> > website: <http://www.icom.museum/umac>
> > Straatweg 17,  3603 CV MAARSSEN,  the Netherlands
> > Tel:  OO31-(0)346-567.573;  Fax:  0031-(0)346-578.843
> > E-mail:  [log in to unmask]
> >
> ______________________________________________________________________
> __
> __
> >
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