9.2 Acquisition and Deaccessioning Policies
2 min read•august 9, 2024
Museums face complex decisions when acquiring and removing objects from their collections. Acquisition policies ensure ethical and legal practices, emphasizing research and . These guidelines help museums build collections responsibly while respecting cultural heritage.
, the process of removing items from collections, requires careful consideration. Museums must follow strict , use proceeds appropriately, and explore alternatives to selling. in these processes is crucial for maintaining and institutional integrity.
Acquisition Policies
Legal and Ethical Considerations in Acquisitions
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- Acquisition involves obtaining objects for a museum's collection through various methods (purchases, donations, bequests)
- Provenance refers to the documented history of an object's ownership and location from its creation to the present
- requires thorough investigation of an object's history and legal status before acquisition
- Cultural property laws govern the movement and ownership of culturally significant artifacts across international borders
- Ethical considerations in acquisitions include avoiding objects with questionable provenance or those illegally obtained
Acquisition Agreements and Documentation
- Donation agreements formalize the transfer of ownership from a donor to the museum, outlining terms and conditions
- Purchase agreements detail the terms of sale when a museum buys an object, including price, payment schedule, and transfer of title
- includes condition reports, photographs, and detailed descriptions of the object
- involves formally adding an acquired object to the museum's permanent collection
- Museums maintain to track the growth and development of their collections over time
Deaccessioning Policies
Deaccessioning Process and Justifications
- Deaccessioning involves the permanent removal of an object from a museum's collection
- Reasons for deaccessioning include:
- Object no longer aligns with the museum's mission or collection focus
- Duplicate or redundant items in the collection
- Object is in poor condition or beyond repair
- of to their original communities
- Deaccession procedures typically involve:
- Initial proposal by curatorial staff
- Review by a
- Approval by the museum's board of trustees
- Public notification of the decision to deaccession
Ethical Considerations and Use of Proceeds
- Museums must follow strict ethical guidelines when deaccessioning objects (, )
- Transparency in the deaccessioning process builds public trust and maintains the museum's reputation
- from deaccessioning is strictly regulated:
- Funds should primarily be used for new acquisitions or direct care of the collection
- Proceeds should not be used for general operating expenses or building projects
- Some museums establish separate endowment funds for proceeds from deaccessioned objects
- Alternatives to selling deaccessioned objects include:
- Transferring to other museums or educational institutions
- Returning objects to donors or their heirs
- Using objects for educational purposes or research
Key Terms to Review (21)
Accessioning: Accessioning is the process of formally accepting and documenting the addition of items to a collection, typically in a museum or library. This process ensures that newly acquired materials are properly cataloged, preserved, and managed, enabling institutions to maintain accurate records and accountability for their collections. Accessioning is vital for establishing provenance and legal ownership of items as part of broader acquisition and deaccessioning policies.
Acquisition documentation: Acquisition documentation refers to the formal records that establish the provenance and legal ownership of an artwork or cultural object. This process is essential for museums, galleries, and collectors as it ensures that the item is legally obtained and can be verified for authenticity, while also providing a clear chain of custody. Proper acquisition documentation not only protects the institution's interests but also upholds ethical standards in art collection and management.
Acquisition policy: An acquisition policy is a set of guidelines and principles that govern how an institution, such as a museum or gallery, acquires new works of art or artifacts. This policy ensures that acquisitions align with the institution's mission, collection goals, and ethical standards while also addressing legal considerations related to ownership and provenance.
Acquisition records: Acquisition records are detailed documents that provide information about the acquisition of artworks, artifacts, or other cultural items by institutions such as museums or galleries. These records are crucial for tracking the provenance, ownership history, and conditions under which an item was acquired, thereby ensuring transparency and ethical practices in the acquisition process.
American Alliance of Museums: The American Alliance of Museums (AAM) is a national organization that serves the interests of museums and the professionals who work within them. It advocates for museum governance, promotes best practices, and develops policies that enhance the public's understanding of museums' roles in society. AAM also provides guidance on acquisition and deaccessioning policies to help museums manage their collections responsibly.
Cultural Property Laws: Cultural property laws are legal frameworks designed to protect and regulate cultural heritage, including art, artifacts, and historical sites, from theft, illicit trade, and destruction. These laws play a crucial role in preserving the identity of nations and communities, ensuring that cultural heritage is respected and maintained for future generations. They intersect with international treaties and national legislation, making them essential in discussions around ownership, restitution, and the ethical management of art and artifacts.
Culturally sensitive objects: Culturally sensitive objects are items that hold significant cultural, spiritual, or historical importance to specific communities or groups, often requiring careful consideration in their acquisition, display, or deaccessioning. These objects may include artifacts, artworks, or religious items that are integral to the identity and heritage of a culture. Understanding the implications of handling such objects is crucial for institutions to avoid appropriation and to show respect for the originating communities.
Deaccession Committee: A deaccession committee is a specialized group within an institution, such as a museum or gallery, responsible for making decisions about the removal of artwork or artifacts from the institution's collection. This committee plays a critical role in ensuring that the deaccessioning process adheres to ethical guidelines and policies, reflecting the institution's mission while considering factors such as provenance, relevance, and condition of the pieces.
Deaccessioning: Deaccessioning is the process of removing an artwork or artifact from a collection, typically by a museum or gallery. This action can involve selling, donating, or otherwise transferring ownership of the item, often guided by established policies to ensure ethical and legal compliance. Deaccessioning serves various purposes, including curatorial refinement, financial necessity, or changing institutional priorities, and it raises significant questions about the stewardship of cultural assets.
Deaccessioning policy: A deaccessioning policy is a set of guidelines and procedures established by museums or art institutions to govern the process of removing items from their collections. This policy ensures that deaccessioning decisions are made ethically and transparently, considering the institution's mission, the significance of the work, and the implications for stakeholders involved.
Donation agreement: A donation agreement is a legally binding contract that outlines the terms and conditions under which an individual or entity donates property, often including art or cultural artifacts, to a recipient, typically a nonprofit organization or institution. This agreement specifies details such as the description of the donated item, the intended use of the donation, and any restrictions placed on the use or future disposition of the item. Such agreements are crucial for establishing clear expectations between the donor and recipient, as well as ensuring compliance with applicable laws and regulations.
Due Diligence: Due diligence refers to the comprehensive investigation and analysis undertaken by a party to assess the validity, authenticity, and legal status of an artwork before engaging in any transaction. This process is critical in ensuring compliance with laws and ethical standards while minimizing risks associated with fraud, forgery, and ownership disputes.
Ethical guidelines: Ethical guidelines are a set of principles designed to help individuals and organizations make decisions that align with moral values and professional standards. These guidelines serve as a framework for ensuring that actions taken in various contexts, including art acquisition and deaccessioning, adhere to ethical standards, promoting integrity and transparency in decision-making processes.
International Council of Museums: The International Council of Museums (ICOM) is a global organization dedicated to promoting the conservation, continuation, and communication of cultural heritage. Established in 1946, ICOM plays a crucial role in setting standards for museum practice, including ethical guidelines that impact how museums operate and engage with their communities.
Provenance: Provenance refers to the history of ownership of an artwork, documenting its origins, previous custodians, and any significant transactions it has undergone. Understanding provenance is crucial in establishing the authenticity of artworks, navigating legal issues related to ownership, and ensuring ethical practices within the art market.
Public trust: Public trust refers to the legal and ethical responsibility of institutions, particularly museums and cultural organizations, to hold and manage collections for the benefit of the public rather than for private interests. This concept emphasizes the obligation to preserve cultural heritage and promote accessibility, ensuring that collections are maintained in a manner that respects their significance while serving community needs.
Purchase agreement: A purchase agreement is a legally binding contract between a buyer and a seller that outlines the terms and conditions of a transaction for the sale of goods or property. This document serves as a key element in acquisition processes, especially in the context of acquiring art and cultural property, detailing aspects like price, payment terms, and any specific conditions that must be met for the sale to be completed.
Repatriation: Repatriation refers to the process of returning cultural artifacts, artworks, or human remains to their country of origin or to the communities from which they were taken. This concept is important in discussions around the rightful ownership and ethical considerations surrounding cultural heritage and the legacies of colonialism and conflict.
Title transfer: Title transfer refers to the legal process through which ownership of an artwork or property is formally passed from one party to another. This process is crucial as it establishes the rights of the new owner, including the ability to sell, display, or use the artwork. Title transfer ensures that both parties understand their rights and obligations concerning the work in question, impacting various aspects of art transactions, gallery responsibilities, and institutional policies regarding acquisitions and deaccessioning.
Transparency: Transparency in the art world refers to the openness and clarity regarding the practices, processes, and information related to artworks, transactions, and institutions. This concept is essential for fostering trust among artists, galleries, collectors, and the public, as it helps to prevent unethical practices and promotes accountability.
Use of Proceeds: Use of proceeds refers to the manner in which the funds generated from the sale of artwork, collectibles, or other assets are allocated and spent. This concept is critical in ensuring that the revenue generated from deaccessioning is used for purposes aligned with the institution's mission, such as acquiring new works, maintaining collections, or supporting educational programs.