Ethics/CMP
Do Donors have the right to sue?
No, they have no stronger claim than the general public.
Methods of Acquisition
Purchase, Transfer, Bequest, Field Collecting, and donation/gift
Abandoned Property/Object
Which of the three gift elements is missing?
When an object is deposited at the museum but the museum never agreed to take it.
Acceptance. (From the museum)
Deaccession
permanently removing an object from the museum's collection.
The object is under good title therefore the museum can determine what happens with said object and has been evaluated and deemed by the museum’s CMP to not inline with the mission, is a duplicate, is not in good condition, or has no historical value.
Depending on cmp, this is approved by collections committee, director, manager, etc.
What came first NAGPRA or NMAI Act?
NMAI Act of 1989: repatriation of cultural items by the Smithsonian Institution. Act covers only human remains and funerary objects and provides for repatriation of all such items upon a showing of cultural affiliation.
NAGPRA - 1990
Who has the right to sue museums on behalf of the public?
Attorney general.
Three Elements of a gift
Intent by donor
Delivery to Museum
Acceptance by Museum
Unclaimed Loan
also known as an old loan, the owners of an object are unknown or cannot be located with relative ease, there is no clear title a museum must bear the financial burden of care but doesn’t have control over the object. Therefore it cannot be loaned or placed on exhibit.
Types of Disposal
transfer/donation (to another museum)
sale/auction
return to donor
destruction
repurpose (like for educational resources)
Define Copyright
Intellectual property that grants rights and protection to the creator of “original works” that are fixed in a tangible media and possess a creative spark. Copyright does not protect the idea. Copyrighted work has the right of reproduction, adaptation, distribution, performance, and display.
Trust and Charitable Corporation/trust
Trust: A fiduciary relationship in which a party (trustee) holds property that must be administered for the benefit of others (Beneficiaries). Trustee may not use the property for personal benefit.
Charitable corporation/trust, beneficiary is the public.
Fractional Gift
acquiring an object for accession, however, there is a slight delay where the donor can give a small portion of their title each year for tax benefits.
cannot exceed 7 years, 6 years for the transfer with an addition of the first year.
Museums don't have complete ownership until the end of the transfer and can cost a lot of extra resources when transferring the object back and forth.
Deemed Gift
how long owners have to retrieve their objects before the museum takes possession of it, this provision can be formed by the state's abandoned property or unclaimed loan laws and writing into cmp.
Repatriation
(Return to origin) - A disposal method, returning an object to it’s origin country.
1970 UNESCO Convention, what is it? Has it been ratified by US, if so, when?
November 14, 1970,
prevent means of prohibiting and preventing the illicit, import, export, and transfer of ownership of cultural property.
This was the first move to create a legal method to fight against looting and bring a shared sense of responsibility to protect cultural heritage and rights of people to enjoy own cultural heritage.
Ratified (approved) by Senate in 1972
What does a CMP protect your Museum from?
unethical or illegal pressure of acquiring, caring, or disposal of collections
Prevents bias decision making from internal and external parties
If anyone brings a suit to your museum your policy will back you up.
Bargain Sale
museum buys an object from a seller at a discounted rate while submitting an 8283 tax deduction form for the remaining value, title passes to museum through the sale.
Involuntary Bailment
Is if a bailee/borrower can show that expenses were incurred for caring for the property that extended beyond the loan period. Usually done for object that are of little to no benefit to the museum.
Restitution
(Return to Owner): Focuses on restoring the rightful owner's property, often dealing with objects stolen or taken under coercion (such as during wartime or colonial, rule)
2001 UNESCO Convention, what is it? Has it been ratified by US, if so, when?
Convention on the Protection of the Underwater Cultural Heritage - protect all traces of human existence having a cultural, historical or archaeological character which has been under water for over 100 years.
Never ratified by the US.
Name and explain the 3 fiduciary duties.
Care: Effort to manage, preserve, and protect collections held in public trust by creating policies.
Loyalty: Placing the museum's mission/values and public trust over personal interests
Obedience: Focus on mission and prevent overextension of resource.
Chart of Collections review process
Acquisition to accession/non-accession to collection or Prop, study, sale.
Types of Insurance
Wall to Wall Insurance
Indemnity Insurance
Absolute Liability
Tax Reform Act of 1984
Donors must be notified is the object is being deaccession within two years of them receiving tax deduction (8283), museums discourage to deaccess within 3 years of 8283, if it is then 8282. This is to prevent tax fraud.
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
975, International wildlife treaty where animals or plants can be classified as endangered, threatened, or protected and will impose limitations. Permits are crucial in this process (designated port (if not in already designated ones), endangered species, if it carries diseases, etc)
To protect bio diversity !