Hello everyone,
I have a similar question.  The director of collections where I work wants
to loan an object to a local play group to use as a prop.  She said that
she would put in stipulations that only the prop person could handle it
and only with gloves.  It is still not something that should even be
considered for a museum object, right?  I've found some resources on
public trust and meeting environmental standards already, but was
wondering what others might be out there that I could show her.

Thanks.

Beau Harris.




> The underpinning of the legal matter as I understood this situation is
> that the person's relationship with the organization is as a donor of
> charitable gift(s).
>
> Louisa Watrous
> -----Original Message-----
> From: Museum discussion list [mailto:[log in to unmask]] On
> Behalf Of Maureen & Joe Hennessey
> Sent: Thursday, June 05, 2008 4:11 PM
> To: [log in to unmask]
> Subject: Re: [MUSEUM-L] Art Loans to Individuals?
>
> Interesting discussion and comments from many about this matter so far.
> As
> someone who was closely involved with the "Norman Rockwell world" for
> many
> years, though, I'm guessing I know your institution, Liz, and have to
> ask
> whether the collection is actually owned by the museum or is it owned by
> the
> non-profit organization?  If the organization, and not the museum, owns
> the
> collection, and if the organization's primary mission does not include
> the
> museum, your hands are pretty much tied -- the organization can do what
> it
> wants with its owned property and, if the collection is not part of its
> mission, is not really bound to follow AAM Codes of Ethics.  There may
> be a
> small "ethics" window open re: the use of any assets of a not-for-profit
> for
> personal gain, but financial gain is usually the issue in those cases
> and,
> sadly, given the plethora of stories in recent years about mismanagement
> of
> not-for-profits and corporate ethics, this probably wouldn't raise any
> eyebrows.
>
> I asked the question because of the experience of a friend who was the
> director of just such a museum as you describe ten or more years ago.
> In
> this case, the organization decided to "thank" regional membership
> groups
> that had met the national organization's fundraising goals with an
> exhibit
> of about 17 of the most important Rockwell original paintings in its
> collection, touring something like 20 cities in 20 weeks and with the
> intention of displaying the paintings in places like bank lobbies.  The
> organization owned the Rockwells, although they were stored, cared for,
> insured, curated, etc, by the associated museum.  The director and
> curator
> protested but were told, much as you have been, that the deal was done.
> So,
> as I recall, they decided to do the best that they could for the sake of
> the
> art and worked to a) make sure that the art was only exhibited in
> appropriate settings, such as museums and historical societies in each
> of
> the cities; b) set strict guidelines for condition reports, packing,
> handling, transport, insurance; and c) made sure that one or the other
> of
> them couriered the exhibition to handle the conditioning and oversee
> installation, etc.  The national organization was willing to pay for
> these
> things (ultimately, no one, including the national organization's staff
> and
> board, wanted to see any of the paintings damaged in any way by this
> tour).
> Both the director and curator, being conscientious museum professionals,
>
> however, saw the writing on the wall in terms of the long-term
> operations of
> the museum, without having ultimate control over its collection, and
> both
> left the museum within a few months.
>
> If the museum doesn't own the collection, the best you can do is try to
> ensure that the painting is cared for as best as it can be, under the
> circumstances.  There may be art museums that have guidelines on the
> care
> and handling of partially-owned works of art (where a donor has donated
> a
> fraction of a work but still retains title to the remainder and shares
> ownership and custody of the painting).  Make sure that either the
> national
> organization or the donor maintains the insurance on the work -- your
> collections rates have, in part, been determined by how you use and care
> for
> collections, and this would knock those standards completely off -- and
> that
> any necessary conservation treatment at the end of the loan period is
> paid
> for by the national organization.
>
> Finally, and this is probably a long-shot, the museum board and national
>
> organization's executive committee need to reach some kind of formal
> agreement on how these collections may be used and who has the final
> control
> of them.  I think that it's a dirty little secret of our profession that
>
> there are actually a lot of museums caring for collections that they
> "hold"
> as permanent but that, in fact, are owned by another organization,
> whether
> profit or not-for-profit, or a trust of some kind or maybe even private
> individuals.  The museum expends funds, including often federal grants,
> to
> care for, research, and maintain these collections, even though the
> museum
> doesn't hold ultimate control, and most of the time it works until....
> And
> this story should serve as a warning to anyone who works in a museum
> holding
> collections owned by others.
>
> If this case doesn't apply to you, then, obviously, every one else's
> comments on legal and ethical issues should be helpful.
>
> Maureen Hart Hennessey
> Independent Curator and Grant Writer
> [log in to unmask]
>
> ----- Original Message -----
> From: "Liz B" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, June 05, 2008 10:07 AM
> Subject: Art Loans to Individuals?
>
>
> Hello,
> I am the Curator at a museum associated with a major national
> non-profit.
> Our
> museum has a large art collection including many paintings by Norman
> Rockwell. We typically only loan these works to other museums, but this
> week
> I was asked (or should I say told) to loan one of the Rockwells to a
> large
> $$
> donor to display in his home until 2010. I offered other solutions such
> as
> having a very high quality reproduction made for him to keep, but this
> was
> rejected. All of my explanations as to why this is a bad idea are
> laughed
> off
> and I am made to feel that I am overreacting. The painting was promised
> to
> the donor by our Fundraising Division with no consultation to the
> museum. My
> director understands my reluctance, but is not willing to put her foot
> down
> and say no to them. Does anyone know of any type of formal written
> statement issued by a museum organization that says this is a no-no? I
> have
> searched but was unable to find anything official. I am so worried about
> the
> door we are opening if we go through with this loan! Am I overreacting
> in
> this
> situation?? Anyone dealt with anything similar and have any suggestions?
>
> Thanks,
> Liz
>
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