Given the Museum-L thread on museum-sponsored appraisal days, there are
additional legal and ethical issues which need mentioning in connection
not only with appraisal events but also in the handling of individual
requests for authentications/object identifications by the general public.
This message is meant to be helpful and not contrary to any prior posting.
I apologize for the length of this message, but I have tried to outline 6
important issues in as concise a way as possible.

1) If curators are willing and able to provide object identification to
a member of the general public, the museum should have a simple and
straightforward standardized form for the individual to sign BEFORE the
identification is given.  This form basically states that the individual
is REQUESTING the information (legally important!) from the museum
employee and that the museum and its employees are not liable for the
information given.  There are some additional details, but two museums
which I know of in NYC--the Metropolitan and the Whitney--do have
excellent examples of such forms (I also have xeroxes of these forms if
anyone wants copies).

2) If the curator cannot provide an identification immediately, and a
member of the general public leaves an object for identification with the
museum employee, then there should be a "Temporary Deposit" form signed in
case of damage, loss, or false claims (I have developed such a form if
anyone is interested).

3) On appraisal requests in general, it behooves a museum to
establish written, internal policy on this entire topic.  Once a policy
exists, then the museum can develop an informational flyer which explains,
in simpler terms, the museum's policy on object identification, object
authentication, and object appraisal (three different concepts, often
confused by the public).  This flyer can then be distributed in the museum
and sent out to individuals who call in or write for such requests.  I
think this might help in situations where a museum employee is constantly
having to call back people and repeatedly explaining basic information on
museum policies.

4) This is a larger, ethical issue:  Holding "appraisal clinics" on or
near museum property is problematic, even though professional appraisers
are giving the information and museum staff are mostly involved with crowd
control.  By holding these "valuations" on or near museum property and
with museum staff present, the museum is sending a not-so-subtle, if
subconscious, message to the public.  The museum is associating itself
with the marketing of objects and making a connection between object and
its "price" and therefore "value" to society.  While this connection is
unavoidable in the larger world, and this may sound idealistic, it is an
issue which a museum should examine and discuss with its employees.

5) But, again, appraisal days are also legally problematic, regardless if
the museum is not engaged with the appraisal process.  The museum should
get each participant to sign a form similar to the one mentioned above,
stating that the individual is REQUESTING the appraisal, that the
appraisers are not in any way connected with the museum, and the museum
is held harmless for any information received.  This is important,
because, even though "we know that our museum is not connected", the
general public DOES NOT.  Explanatory signage or promotional flyers are
insufficient. Because the event is held on or near museum property, most
of the general public will associate the appraisers with the museum and
will feel that the museum is sponsoring the event and benefitting from it.

6) This brings up another problematic legal issue.  I know of museums who
hold "object identification/appraisal days" and use this event as a
fundraiser, charging anywhere from $5 to $15 per person, per object.
While it is an excellent fundraising technique, it tightens the connection
between the museum and the market and it increases the possibility for
liability to the museum because a financial transaction occurred.  This
might be ameliorated with wording such as "suggested donation"--but again
it's an issue which the museum needs to think about very carefully and
weigh the benefits against the potential "costs".

Dr. Linda Ellis
Director, Museum Studies Program
San Francisco State University

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