I am not a curator...but I wonder if bringing up IRS implications would quell the desire to "borrow back" something that has been gifted. The donor was eligible to receive a tax deduction by donating the item. If they take possession of the item again (even for a loan) wouldn't the IRS frown on that? It's what I've been told about the issue of a family member wanting an item back that was donated by another family member. It doesn't matter whether the donor took the deduction, they were eligible to do so. I'd think the idea that they might break an IRS law would discourage this type of activity. Cindy Boyer Director of Public Programs The Landmark Society of Western New York 133 S. Fitzhugh St. Rochester NY 14608 (585) 546-7029 ext. 12 [log in to unmask] Fax: (585) 546-4788 The Landmark Society: Celebrating 75 years as one of America's oldest and most active preservation organizations! www.landmarksociety.org <http://www.landmarksociety.org/> Facebook <http://www.facebook.com/group.php?gid=12149056258> From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of Shana West Sent: Thursday, July 11, 2013 11:27 PM To: [log in to unmask] Subject: Re: [MUSEUM-L] protocol for patrons wanting to borrow museum artifacts for personal use? The one exception that I think bears mentioning isn't really a loan case, it's more of a use case. Like when you have a Native American object that the tribe would like to use in a ceremony. That could be allowed if it adds to the story and relevance of an object. Not being a collections manager, I can't tell you if the object would be loaned or what or if it could leave the museum in that case. But that's the only way I could imagine justfying that sort of thing while upholding the public trust. Good luck, Shana On Thu, Jul 11, 2013 at 9:37 PM, lucysperlin <[log in to unmask]> wrote: All the replies have been good ones. I would add one more reason that might help convince people that you can't loan artifacts --you are holding them in trust for the public so it would be inappropriate and unethical to allow any individual to benefit personally from items that belong to the museum. (and might even jeopardize your NFP status.) Benefit is not just financial. If you loan to one person, no matter who they are, you'd be obligated to provide equally for any other person who asked, and I'm sure they can see that if everyone could borrow at will, there wouldn't be anything left of the items you (and they, if they are Board members,) are obligated to caring for in perpetuity. The donor issue is a problem, and it's why the donation documents have to be clear that they are transferring ownership with no strings attached. After that, as others have said, good collection policies are key. It amazes me, but I've heard way too many people assume that a museum is like a lending library (and they often even call the museum "the Library"). Technically, though unlikely, if any damage were done to an item while on loan, the donor, donor's heirs, or any member of the general public could sue you for failing to protect the item. As for researchers, I think most museums allow legitimate researchers to work on site and don't let them take things home with them. That requires some way to decide who is a 'legitimate researcher' -usually via a standard application form that lists credentials, references and a research proposal. But that is another discussion. Lucy Sperlin Butte County Historical Society Oroville, California ________________________________ From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of Tenuth, Jeff Sent: Thursday, July 11, 2013 1:01 PM To: [log in to unmask] Subject: Re: [MUSEUM-L] protocol for patrons wanting to borrow museum artifacts for personal use? Like everything else in the museum world, it depends on what you mean by personal use. If personal use means to show your friends or something like that, then the normal response is no. But if personal use means scientific research that benefits both parties, then the answer is yes, if certain requirements are met. At the Indiana State Museum, the majority of the answers would be no. We don't lend for personal use. But we do have several scientists associated with the Museum who occasionally borrow specimens for research that later result in completed catalogs, publications or public programs that benefit both the individual and the Museum. It is a little trickier when the requestor is also the original donor, but that's when a good Collections Management Policy comes into play. If the donor is informed at the time of donation that policy forbids such practices, then you can stand behind your policy if the matter comes us later. Without policy to back you, it becomes much more difficult to say no. Jeff Tenuth Natural History Collection Manager Indiana State Museum 650 W. Washington St. Indianapolis, IN 46204 [log in to unmask] From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of Meghan Molloy Sent: Thursday, July 11, 2013 3:47 PM To: [log in to unmask] Subject: [MUSEUM-L] protocol for patrons wanting to borrow museum artifacts for personal use? Hello All, My museum has recently received several requests from patrons who have donated items to borrow the items back from the museum for personal use. Are there existing guidelines or common best practices for handling this kind of request? Thanks in advance for your input, Meghan ________________________________ To unsubscribe from the MUSEUM-L list, click the following link: http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1 ________________________________ No virus found in this message. 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