I just went through this scenario about 2 hours ago!
All other considerations aside, on this side of the border, we have the
Canada Customs and Revenue Agency that really frowns on returning
deaccessioned items to the donor or his/her heirs--it's preferential
action in disposing of a piece of public property to a particular
member of the public. This is usually the first point I make, as a lot
of people are generally satisfied in blaming the government for why
something can't be returned to them!
Of course, I also make the point that just because a piece isn't on
display, that doesn't mean it has no value to us. I point to our
temporary gallery and explain how we regularly draw on our collections
in storage for short-term exhibits. I also mention that we get research
inquiries, and the collections we have in storage are invaluable in
addressing those.
Our Gift Agreement has all the legalese on it saying the museum has
unconditional rights to use the donation as we see fit, but we don't
usually actively explain what all that means (unless a donor is clearly
expecting the piece to go on exhibit immediately and indefinitely). I
used to do that, but it just seemed to confuse people and make them
think that we really didn't want what they were offering to us.
If a donor became insistent that a piece be returned, definitely try
the convincing route before the legal one--you're right, you don't need
the PR that might generate. However, if it came down to a legal battle,
and you have the proper paperwork to back it up (many of our early
donations do not have proper gift forms associated with them), stick to
your guns--otherwise, you could face recriminations over allocating your
resources (staff time to process, clean, inventory, etc., as well as
space in storage) to collections that you've demonstrated will be
returned whenever anyone asks for them. That could really get you into
hot water with your museum advocacy groups, funders, AND the general
public.
------------------------------------------------------------
Tim McShane, Assistant--Cultural History
Medicine Hat Museum and Art Gallery
1302 Bomford Crescent S.W.
Medicine Hat, AB T1A 5E6
(403) 502-8587
[log in to unmask]
>>> [log in to unmask] 5/19/2004 2:57:38 PM >>>
Dear Listers:
Here is a topic that has come up far too frequently at my museum, and I
wanted to get your opinions on it. On several occasions, we have had
donors ask for a return of items from the historical collection because
we weren't using, i.e. exhibiting, them. Obviously, if you have a
signed gift agreement you have all claim to the property, but I am
looking at the PR aspect of things.
Have these requests come up at your institutions? Did you choose to
use the legal route? If not, what did you do, return the item or try to
convince the donor that not exhibiting an item didn't mean that you were
not using it?
I guess this does bring up a corollary question. Do any of your
institutions actively attempt to educate donors on what it means to
place items in a museum collection before accepting gifts?
I look forward to your responses.
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