Preface

Introduction

Part I: The Museum

What Is a Museum? What Is Required of Its Board Members?

Museum Defined

A Trust

A For-profit Corporation

The Charitable Corporation

The Standard of Care Imposed on Boards of Charitable Organizations

The Standard Applied to Museums

Conclusions

Museums Are Accountable to Whom?

Role of the Attorney General

Can Donors Sue?

Expanding Concept of Standing to Sue

Museum Cases Involving the Issue of Standing to Sue

Oversight by Taxing Authorities

As Recipients of Federal Financial Assistance

Miscellaneous State and Local Reporting Statutes

Part II: The Collection

Collection Management Policies

Why a Collection Management Policy?

Guidelines for Preparing a Collection Management Policy

The Acquisition of Objects---Accessioning

The Meaning of the Word Accession

Delegation of Authority to Accept Objects

What Is Title?

Circumstances That Can Affect the Quality of Title

The Status of the Transferor

Misrepresentation by the Seller

Warranties in a Sale; the Uniform Commercial Code

Other Statutes or Remedies Affecting the Sale of Fake Collection Objects

Stolen Property

Statutes of Limitations

Adverse Possession

Objects Improperly Removed from Their Countries of Origin

UNESCO Convention

Post-UNESCO Convention Activity

U.S. v. McClain (Simpson Case)

Treaty of Cooperation Between the United States and Mexico for the Recovery and Return of Stolen Cultural Properties

U.S. Statute Regulating the Importation of Pre-Columbian Monumental or Architectural Sculpture or Murals

The American Indian Religious Freedom Act

Conclusions

Laws Protecting Plants and Wildlife (and parts thereof)

Lacey Act

Endangered Species Act

Marine Mammal Protection Act

Migratory Bird Treaty Act

Bald Eagle Protection Act

Antarctic Conservation Act

Application to Museums

Laws Protecting Antiquities and Historic Properties

Antiquities Act of 1906 and the Archaeological Resources Protection Act of 1979

National Historic Preservation Act of 1966, as amended

Circumstances That Can Affect the Completeness of Title

Restricted Gifts

The Offer of Restricted Gifts

Is the Gift Restricted?

Interpretation of Restrictive Language

Relief from Restrictions

Copyright Considerations

What Is Copyright?

Effect of the New Copyright Law on Museum Acquisitions

Copyright Considerations When Acquiring Certain Objects

Should a Museum Strive to Acquire Copyright Interests?

Duration of Copyright

Request for Permission to Reproduce Museum Holdings

Additional Information on Copyright Issues

Artists' Rights---Droit de Suite and Droit Moral

Droit de Suite---California Royalty Act

Droit Moral---California and New York Statutes

Acquisition Procedures

The Disposal of Objects---Deaccessioning

The Practice of Deaccessioning

The Process

Legality of Deaccessioning

Procedure for Deaccessioning

The Need to Establish the Museum's Clear and Unrestricted Title to the Object Under Discussion

The Proper Authority to Approve a Decision to Deaccession

Documentation Needed to Support Proposed Deaccessions

The Appropriate Method of Disposal

Notification to Donor of Deaccession

Use of Proceeds Derived from Deaccessions

Requests for Return of Collection Objects

Loans, Incoming and Outgoing

Incoming Loans

Liability Exposure

Insurance

Authority to Accept Loans

Loan Policy

Handling and Use of Objects on Loan

Duration of Loans

``Permanent'' Loans

Change in Ownership

Return Provisions

Sample Incoming Loan Agreement

Outgoing Loans

To Whom Will Loans Be Made?

What Will Be Loaned?

Loan Approval

Care of Objects

Insurance

Cancellation and Return

Sample Outgoing Loan Agreement

Unclaimed Loans

The Problem

Statutes of Limitations

Laches

Adverse Possession

Discovery Rule

Legislative Solutions

International Loans

Types of Loans

Immunity from Seizure

Imported Objects

Exported Objects

The United States Indemnity Program

Force Majeure

Checklists for Organizing and Implementing International Exhibitions

Objects Left in the Temporary Custody of the Museum

Objects in Temporary Custody as Distinguished From Loans

Temporary Custody Procedures

Return Provisions

Sample Temporary Custody Receipt From

Objects Found in the Collections

The Problem

When Claims Are Made

When the Museum Wishes to Dispose of Objects Found in the Collections

Promised Gifts

Obstacles to Enforcement

Arguments for Enforcement

Pledge forms

Tax Considerations Relevant to Gifts

The Tax Status of the Donee/Museum

Income Tax Consequences of Charitable Gifts to ``Publicly Supported'' Museums

Concept of ``Unrelated Use''

Spreading Out Charitable Deductions

The Bargain Sale

The Museum's Position Regarding Donor Deductions

Appraisals and Authentications

Appraisals

The Museum's Position

When Appraisals Are Required

I.R.S. Appraisal Procedures

I.R.S. Review of Valuations

Recommending Appraisers

Authentications

Misrepresentation

Disparagement

Defamation

Care of Colections

The Duty

Inventory Procedures and the Reporting of Missing Objects

Other Security Precautions

Conservation

Insurance

Scope of Discussion

Obligation to Insure

The Role of Insurance

Selecting a Policy

Access to the Collections

Visiting Hours

Availability of Collection Objects

Access to Collection Records

Handicap Access

Legal Requirements

The Rehabilitation Act of 1973

Effect on Historic Preservation Projects

Visitor and Employee Safety as It Relates to Collections

Responsibility Owed the Public

Responsibility Owed Employees

Safety and Health Guides; Other Assistance

Fire and Related Hazards

Employee Safety

Fumigation Hazards

Appendixes

A. Public Law 95-158, Arts and Artifacts Indemnity Act

B. 22 U.S.C. § 2549, Immunity from Seizure Statute

C. Title III of Public Law 97-466, Convention on Cultural Property Implementation Act

D. Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property, adopted by the General Conference, UNESCO, at its sixteenth session, Paris, 14, November 1970.

Glossary and Explanation of Footnote Citations

Selected Bibliography

Index