Randy,

If I am not mistaken, under US law one cannot be prosecuted for
misprision unless they actively conceal the illegal activity.  Failure
to report a felony is not enough to prosecute under federal law.  Now,
if Nina would exhibit the items and knowingly misrepresent them as
having been collected legally, *that* would be misprision.

On 6/1/12, Randy Little <[log in to unmask]> wrote:
> Why would Photo's of illegal object be any different then having the
> illegal objects?  The curators know's its Illegal and I am thinking
> already in jeopardy of misprision.  As is everyone on this list now
> that we know she knows about this very illegal activity.  Being asked
> how to avoid prosecution of the law can very easily make everyone here
> in violation of misprision at the federal level.   A FELONY ON US as
> well as Nina (in the US of course)
>
> Randy S. Little
>
>
>
>
> On Fri, Jun 1, 2012 at 9:37 AM, Jacob Hildebrandt <[log in to unmask]>
> wrote:
>> As someone who was starting on an art project that involved international
>> dirt samples, I would like to thank everyone here for the advice.  I guess
>> I
>> will have to go a different route...
>>
>> As to the actual issue at hand, as a viewer I would say photographs of
>> the
>> collection would be the next best thing to actually having the objects.
>> I
>> usually prefer reproductions, but in this case I think something would
>> definitely be lost.
>>
>> --Jake Hildebrandt
>> www.jakehildebrandt.com
>>
>>
>> On Thu, May 31, 2012 at 8:03 PM, lucysperlin <[log in to unmask]>
>> wrote:
>>>
>>> Many years ago my former museum mounted an exhibit on the same topic…why
>>> people collect. It included children’s collecting, collecting for
>>> monetary
>>> increase, collecting for sentiment, collecting for perceived beauty, and
>>> a
>>> bunch of other aspects of collecting.  One section (pertinent here) was
>>> titled  “Illegal Collecting”…..it pointed out what it is illegal to
>>> collect
>>> and offered alternatives such as photographing said items.  I wonder if
>>> you
>>> could show part of her collection (the part that was legally collected).
>>> It
>>> certainly would be interesting to most people to think of soil as
>>> something
>>> illegal to collect.  In fact, I think that it is fairly important to
>>> address
>>> illegal collecting in such an exhibit…..
>>>
>>>
>>>
>>> Lucy Sperlin
>>>
>>>
>>>
>>> ________________________________
>>>
>>> From: Museum discussion list [mailto:[log in to unmask]] On
>>> Behalf Of Nina Simon
>>> Sent: Thursday, May 31, 2012 1:23 PM
>>> To: [log in to unmask]
>>> Subject: Re: [MUSEUM-L] exhibiting illegally-obtained dirt?
>>>
>>>
>>>
>>> Thank you to everyone for the thoughtful comments on this. It's clear
>>> that
>>> there are several issues to consider and I really appreciate those who
>>> have
>>> pointed us in some clear directions on this.
>>>
>>>
>>>
>>> With regard to the questions about the goal of the exhibition and why
>>> we'd
>>> want to show the dirt, here's the story:
>>>
>>>
>>>
>>> Santa Cruz Collects is an exhibition that explores the following big
>>> idea:
>>> the things we collect say a lot about who we are as individuals and as a
>>> community.
>>>
>>>
>>>
>>> We're including collectors of all kinds - one of the top collectors of
>>> American flags, a university special collection, a woman who collects
>>> dryer
>>> lint, a man whose entire collection was burned, etc. The story is really
>>> focused on the WHY of collecting as well as the unique ways that people
>>> and
>>> institutions acquire, manage, display, and dispose of their collections.
>>> We're linking this both to pop culture (hoarding) and to the basic
>>> question
>>> of why and how museums do the work they do.
>>>
>>>
>>>
>>> In this context, the dirt collection is fascinating. The collector has a
>>> great story about why she feels compelled to collect this dirt as
>>> mementos
>>> of her work around the world, and of course, the legal issue is part of
>>> what
>>> makes it interesting. To many visitors, the idea that dirt could be
>>> illegal
>>> is bizarre--but allows them to grapple with deeper questions about why
>>> certain collections should or should not be acquired or displayed. The
>>> questions that David and others have brought up are exactly the kinds of
>>> questions we would want to explore with visitors.
>>>
>>>
>>>
>>> We may not show it--frankly, your responses are pushing us towards not
>>> doing so. But I do think it tells an interesting and useful story in the
>>> context of what we are trying to do.
>>>
>>>
>>>
>>> Thank you for your feedback,
>>>
>>> Nina
>>>
>>>
>>>
>>> On May 31, 2012, at 11:45 AM, BECKER, DAVID wrote:
>>>
>>>
>>>
>>> What is the goal of the exhibit? If the goal is to show differences in
>>> dirt from around the world, then dirt can be obtained through legal and
>>> ethical means.
>>>
>>>
>>>
>>> If the exhibit is about collection and the collecting process, what is
>>> the
>>> message that the museum wants to send about the collection process and
>>> how
>>> does this particular collection fit in? It could be the basis for an
>>> interesting discussion about the ethics of collection. Those questions
>>> could
>>> be raised through other representations of the collection or through
>>> other
>>> collections? Does the full collection need to be physically present in
>>> the
>>> museum?
>>>
>>>
>>>
>>> I personally don’t agree with calling it art as that was not the intent
>>> of
>>> the collection or the collector, i.e. it was not done by an artist with
>>> an
>>> intent to make art for a stated artistic purpose or message. To call it
>>> art
>>> for convenience sake is not in keeping with the artistic discipline that
>>> calling it art would represent.
>>>
>>>
>>>
>>> I guess I see it as a bigger issue than has been presented in the
>>> initial
>>> e-mail.  If this naturalist had illegally transported a cultural
>>> artifact
>>> without permission would that be o.k. to display? If this naturalist had
>>> transported the hide or fur of an animal that had been killed illegally,
>>> would that be ok to display?  When I go to a nature center, there are
>>> signs
>>> that tell me to take only pictures, and not take anything else with me:
>>>  Is
>>> it ok for me to ignore those signs for the sake of my personal
>>> collection?
>>> Would this same naturalist condone this same behavior if was going to be
>>> conducted on a larger scale by 100 people, or by 1000 people, or by
>>> everyone?  I think there are issues and considerations here that go
>>> beyond
>>> the issue of whether it is legal or not.
>>>
>>>
>>>
>>> Dave
>>>
>>>
>>>
>>> Dave Becker
>>>
>>> Senior Manager of Learning Experiences
>>>
>>> Chicago Zoological Society
>>>
>>>
>>>
>>> ________________________________
>>>
>>> From: Museum discussion list [mailto:[log in to unmask]] On
>>> Behalf Of Pickering, Bob
>>> Sent: Thursday, May 31, 2012 12:51 PM
>>> To: [log in to unmask]
>>> Subject: Re: exhibiting illegally-obtained dirt?
>>>
>>>
>>>
>>> Whether the dirt is dangerous or not, isn’t there an issue of displaying
>>> material that is known to be illegal? Does calling it “art” absolve the
>>> museum of responsibility?
>>>
>>>
>>>
>>> Bob
>>>
>>>
>>>
>>> Robert B. Pickering, PhD
>>>
>>> Director of Curatorial Affairs & Public Programs, Gilcrease Museum;
>>>
>>> Director, Museum Science and Management, University of Tulsa
>>>
>>> 1400 N. Gilcrease Museum Rd
>>>
>>> Tulsa, OK  74127
>>>
>>> (918) 596-2706 Office
>>>
>>> (918) 596-2770 Fax
>>>
>>> (918) 805-4780 Cell
>>>
>>> [log in to unmask]
>>>
>>>
>>>
>>> From: Museum discussion list [mailto:[log in to unmask]] On
>>> Behalf Of Nina Simon
>>> Sent: Thursday, May 31, 2012 11:07 AM
>>> To: [log in to unmask]
>>> Subject: [MUSEUM-L] exhibiting illegally-obtained dirt?
>>>
>>>
>>>
>>> This one is for the museum lawyers and collection management gurus out
>>> there.
>>>
>>>
>>>
>>> For an upcoming temporary exhibition on collections, we would like to
>>> show
>>> a collection of vials of dirt that a local naturalist collected on her
>>> travels around the world. The challenge is that much of this dirt was
>>> transferred into the US illegally (i.e. from countries where they are
>>> strict
>>> about making sure that organic material doesn't enter or leave the
>>> country)
>>> or was obtained with some trespassing (i.e. from celebrities' yards). She
>>> is
>>> nervous about exhibiting the dirt in public for this reason.
>>>
>>>
>>>
>>> My sense is that if we can call this art, it might not be a problem.
>>> Frankly, I don't think it's a big problem period - there's no real risk
>>> or
>>> danger to the dirt - but I want to learn more about how to address this
>>> issue. Do you know anyone who might have some expertise to bear in this
>>> arena?
>>>
>>>
>>>
>>> Thank you,
>>>
>>>
>>>
>>> Nina
>>>
>>>
>>>
>>> Nina Simon
>>>
>>> Executive Director
>>>
>>> Santa Cruz Museum of Art & History
>>>
>>> 831.429.1964 x7018
>>>
>>>
>>>
>>> Come visit us at 705 Front Street in Santa Cruz
>>>
>>> Get involved at www.santacruzmah.org or on Facebook
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> ________________________________
>>>
>>> To unsubscribe from the MUSEUM-L list, click the following link:
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>>>
>>>
>>>
>>> ________________________________
>>>
>>> To unsubscribe from the MUSEUM-L list, click the following link:
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>>>
>>>
>>> ________________________________
>>>
>>> To unsubscribe from the MUSEUM-L list, click the following link:
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>>>
>>>
>>> ________________________________
>>>
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>>>
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>>>
>>> To unsubscribe from the MUSEUM-L list, click the following link:
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>>
>>
>>
>> ________________________________
>>
>> To unsubscribe from the MUSEUM-L list, click the following link:
>> http://home.ease.lsoft.com/scripts/wa.exe?SUBED1=MUSEUM-L&A=1
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