Linda Ellis, I think, has added to the discussion. The major issues appear
to be:

1. Should museum staff authenticate objects?

2. Should they appraise them?

3. Should museums charge for such services, if willing to perform them? and,

4. What kinds of relationships between museums and commercial firms able to
perform both services can be considered appropriate?

I am glad to see the very thoughtful and useful comments people have made on
this issue. More and more, I have the feeling that our concerns were
well-founded and that the approach we used was sufficiently cautious as to
be sound.

Harry

Harry Needham
Special Advisor - Programme Development
Canadian War Museum
330 Sussex Drive,
Ottawa, Canada
K1A 0M8
Voice: (819) 776-8612  Fax (819) 776-8623
Email: [log in to unmask]

> ----------
> From:         Linda Ellis[SMTP:[log in to unmask]]
> Reply To:     Museum discussion list
> Sent:         Tuesday, November 03, 1998 1:39 PM
> To:   [log in to unmask]
> Subject:      Legal/ethical issues on appraisal days & object
> identification
>
> 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
>
> [log in to unmask]                         postal address:
> www.sfsu.edu/~museumst/                 Museum Studies Program
> 415-338-1612 (office)                   c/o Classics Dept.
> 415-338-7030 (FAX)                      1600 Holloway Avenue
>                                         San Francisco, CA   94132
>