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. Watch LIVE baseball games on your computer with MLB.TV, included with MSN Premium! ========================================================= Important Subscriber Information: The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes). If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes). Disclaimer: The information transmitted is intended only for the addressee and may contain confidential, proprietary and/or privileged material. Any unauthorized review, distribution or other use of or the taking of any action in reliance upon this information is prohibited. If you received this in error, please contact the sender and delete or destroy this message and any copies ========================================================= Important Subscriber Information: The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes). If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).