The underpinning of the legal matter as I understood this situation is
that the person's relationship with the organization is as a donor of
charitable gift(s).
Louisa Watrous
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On
Behalf Of Maureen & Joe Hennessey
Sent: Thursday, June 05, 2008 4:11 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Art Loans to Individuals?
Interesting discussion and comments from many about this matter so far.
As
someone who was closely involved with the "Norman Rockwell world" for
many
years, though, I'm guessing I know your institution, Liz, and have to
ask
whether the collection is actually owned by the museum or is it owned by
the
non-profit organization? If the organization, and not the museum, owns
the
collection, and if the organization's primary mission does not include
the
museum, your hands are pretty much tied -- the organization can do what
it
wants with its owned property and, if the collection is not part of its
mission, is not really bound to follow AAM Codes of Ethics. There may
be a
small "ethics" window open re: the use of any assets of a not-for-profit
for
personal gain, but financial gain is usually the issue in those cases
and,
sadly, given the plethora of stories in recent years about mismanagement
of
not-for-profits and corporate ethics, this probably wouldn't raise any
eyebrows.
I asked the question because of the experience of a friend who was the
director of just such a museum as you describe ten or more years ago.
In
this case, the organization decided to "thank" regional membership
groups
that had met the national organization's fundraising goals with an
exhibit
of about 17 of the most important Rockwell original paintings in its
collection, touring something like 20 cities in 20 weeks and with the
intention of displaying the paintings in places like bank lobbies. The
organization owned the Rockwells, although they were stored, cared for,
insured, curated, etc, by the associated museum. The director and
curator
protested but were told, much as you have been, that the deal was done.
So,
as I recall, they decided to do the best that they could for the sake of
the
art and worked to a) make sure that the art was only exhibited in
appropriate settings, such as museums and historical societies in each
of
the cities; b) set strict guidelines for condition reports, packing,
handling, transport, insurance; and c) made sure that one or the other
of
them couriered the exhibition to handle the conditioning and oversee
installation, etc. The national organization was willing to pay for
these
things (ultimately, no one, including the national organization's staff
and
board, wanted to see any of the paintings damaged in any way by this
tour).
Both the director and curator, being conscientious museum professionals,
however, saw the writing on the wall in terms of the long-term
operations of
the museum, without having ultimate control over its collection, and
both
left the museum within a few months.
If the museum doesn't own the collection, the best you can do is try to
ensure that the painting is cared for as best as it can be, under the
circumstances. There may be art museums that have guidelines on the
care
and handling of partially-owned works of art (where a donor has donated
a
fraction of a work but still retains title to the remainder and shares
ownership and custody of the painting). Make sure that either the
national
organization or the donor maintains the insurance on the work -- your
collections rates have, in part, been determined by how you use and care
for
collections, and this would knock those standards completely off -- and
that
any necessary conservation treatment at the end of the loan period is
paid
for by the national organization.
Finally, and this is probably a long-shot, the museum board and national
organization's executive committee need to reach some kind of formal
agreement on how these collections may be used and who has the final
control
of them. I think that it's a dirty little secret of our profession that
there are actually a lot of museums caring for collections that they
"hold"
as permanent but that, in fact, are owned by another organization,
whether
profit or not-for-profit, or a trust of some kind or maybe even private
individuals. The museum expends funds, including often federal grants,
to
care for, research, and maintain these collections, even though the
museum
doesn't hold ultimate control, and most of the time it works until....
And
this story should serve as a warning to anyone who works in a museum
holding
collections owned by others.
If this case doesn't apply to you, then, obviously, every one else's
comments on legal and ethical issues should be helpful.
Maureen Hart Hennessey
Independent Curator and Grant Writer
[log in to unmask]
----- Original Message -----
From: "Liz B" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, June 05, 2008 10:07 AM
Subject: Art Loans to Individuals?
Hello,
I am the Curator at a museum associated with a major national
non-profit.
Our
museum has a large art collection including many paintings by Norman
Rockwell. We typically only loan these works to other museums, but this
week
I was asked (or should I say told) to loan one of the Rockwells to a
large
$$
donor to display in his home until 2010. I offered other solutions such
as
having a very high quality reproduction made for him to keep, but this
was
rejected. All of my explanations as to why this is a bad idea are
laughed
off
and I am made to feel that I am overreacting. The painting was promised
to
the donor by our Fundraising Division with no consultation to the
museum. My
director understands my reluctance, but is not willing to put her foot
down
and say no to them. Does anyone know of any type of formal written
statement issued by a museum organization that says this is a no-no? I
have
searched but was unable to find anything official. I am so worried about
the
door we are opening if we go through with this loan! Am I overreacting
in
this
situation?? Anyone dealt with anything similar and have any suggestions?
Thanks,
Liz
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