Chuck,
We have dealt with the donation of war "souvenirs" many times and the method
varies with the nature of the item and their perceived economic or
historical value and potential for controversy.
Our collection does contain numerous small parts liberated from enemy
aircraft for which we try to obtain as much information as possible on when,
where & by whom they were "collected." This is becoming more difficult for
WWII items as most of these items now come from relatives of the original
collector for obvious reasons. Still we take what second-hand information
they can give. What is the legality of possessing these item? I personally
think they became salvage if/when the government that created/owned them
ceased to exist as such at the end of the war.
Of course we also get items from the winning side of wars and the legalities
there are more complicated. What some service people were able to retain
when they were mustered out others had to turn in before they were released.
I wouldn't doubt there was some convoluted official governmental policy on
this, but in practice it seems to have varied with who was in charge at a
particular place and time. The reality is that the governments concerned
are not likely to incur the wrath of their veterans over ownership of
obsolete uniforms and equipment - and we accept appropriate items under the
same assumption.
In most cases the historical value of the items is as generic examples for
display use. Rarely, because of association with a specific historical
personality or event, would their be enough potential economic value to
cause us concern if we were to lose legal custody of the item. That could
only occur if someone were to successfully contest the donor's claim of
legal ownership which claim is part of the wording on our deed of gift form.
We've never had anyone not donate an item because of this wording.
Could we get in trouble over any of this? Sure the possibility exists, but
it's extremely small. I'm more concerned with the inherent vice some of
these items contain in the way of radioactivity or hazardous chemicals than
over their dubious legal provenance.
We have also declined donation of at least one item due to the controversy
it's display might have caused - it might actually have become an icon to
certain groups that we'd prefer not to be associated with. We also have to
remind ourselves and donors, at times, that we are an aviation museum not a
museum of WWII. That's where our mission statement gives us an out.
Ron Twellman, Collections Manager
EAA AirVenture Museum
P.O. Box 3065
Oshkosh, WI 54903-3065
920-426-5917
-----Original Message-----
From: Chuck Stout [mailto:[log in to unmask]]
Sent: Monday, August 21, 2000 1:20 PM
To: [log in to unmask]
Subject: Re: I am very concerned!
I'm glad this subject came up. What's the legal situation with U.S. military
stuff that former servicemen have kept since thier discharge? Do they own
it, legally, or is it still owned by the government? Is there a statute of
limitations? I'm not talking about tanks or jet engines--more like flight
jackets, flare guns, headsets, survival kits, or junked equipment "found in
the trash."
What about war trophies? (If a pilot retrieves the altimeter from an enemy
airplane he shot down, does he have title to it?)
Since ethical museums are careful about provenance, can they accept such
items from the veterans who "liberated" them? Can a museum get in any
trouble if things like that find their way into the collections? Can the
museum cover its (figurative) backside by requiring donors to state that
they legally own what they intend to donate? Are potential donors frightened
away by having to make such an assertion?
I'm sure many on the list have dealt with these situations. How did it work?
Chuck Stout
Exhibits Design and Development
Denver Museum of Nature and Science
(Formerly Denver Museum of Natural History)
303-370-8364
[log in to unmask]
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