PP8110 – Cataloguing and Registration Alison Skyrme Week 5, 2014 Ryerson University.

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AcquisitionsPP8110 Cataloguing and RegistrationAlison SkyrmeWeek 5, 2014Ryerson University1Bad CataloguingColors: from intern description, "the items are Carolina blue and Apple green... "shaped like a donut only smaller" "Vault with balls It is a safe with round feet. Rock," looks like a petrified heart "It is a Ash Tray people use to smoke with" "Sweet little teacup" Still suspecting the brave little toaster luring around somewhere, too.

Image Source: https://secure.um.edu.mt/library/departments/cataloguing/jQuote Source: Emails from various registrars on RCAAM Listserv2Cataloguing the tripart numbering systemYEAR.BATCH.ITEMIssues:Leading zerosItem and component level confusionAlpha numeric indicatorsThe formatting remains the same until the year 10000 in which case the people on the Mars colony will have to just figure it out3Cataloguing issues - QWe curate federal collections and are processing items from a dismantled fallout shelter, including a medical kit and sanitation kit. Before cataloging we had a lengthy discussion about how the items would be exhibited and stored and used some of them in a fallout shelter. The medical kit we cataloged as 34 items (16 of which have component parts.) The sanitation kit is not yet complete but so far weve cataloged 17 items, including 10 rolls of toilet paper. Our we generally follow the National Park Service but even though the NPS Museum Handbook (available on-line) states that lot (collections level) cataloging should not be used for items going on exhibit, our contract supervisor has accused us of "inappropriate fractionation" and ordered us to catalog each kit as one number. We explained about the loss of accountability but for once there is no interest in accountability. Our contract calls for cataloging a minimum # of items. Has anyone, dealt with this situation (especially for federal collections) and does anyone have cataloged toilet paper rolls4Cataloguing issues - AWhen Civil defense material was cataloged into our collection the box is assigned one number and the contents are cataloged separately with alphas, i.e.Box .18 a, contents .18 b, .18 c etc. However, much of our collection had been separated from the original container and the objects did not have components. With a boxed group of objects, some of which have component parts I would side with you. Separate sequential numbers should be assigned so that the parts can be assigned alphas.

We too have a sanitation kit, and we too have numbered each toilet paper roll. In fact its 2003.6.1a-p and 2003.6.2a-p. I would echo your same concerns about lot numbering. It might be easier today, but your future registrars will not be happy. We have items that were lot numbered in the past, and now we have the frustrating task of locating each item and adding a fourth number to them (such as 1992.52.34.7 one of many photographs). Its particularly confusing when you add in digital databases that dont allow duplicate numbers. A good reference is the new version of Malaro and DeAngelis Legal Primer on Managing Museum Collections. The last paragraph of the introduction really sums it all up.

5Cataloguing issuesWe have accessioned a digital image file. Its in our database with a standard accession number. However, when we want to display this object, we need to print it out. Since we are sending this print out on loan, we need to catalog it in our database. We are having trouble figuring out how to number it.A record would have a number like this: 1998.1.1234.(Facsimile 01)6OverviewCollections Management PoliciesPolicies & Procedures for Gifts and Donations & purchasesBequestsRestricted giftsSpoliation ResearchUNESCO & CanadaLost art databasesCultural Property Export and Import ActHistory and roleDesignation Benefits & proceduresHypothetical questions

7ReadingsCanadian Cultural Property Export Review BoardCrimes Against Art: Ch. 1, 4, 5, 6,MRM5 Ch. 2a,b, 3d, 8Collections Management PoliciesDefines the scope of the collectionExplains the purpose and uses of the collectionOutlines the goals of the institution (exhibition, education, scholarship & publication)Defines the responsibility to the public

Mandates9Collections PolicyWhat type of objects the will the museum collect?Media, event related, culturally relatedWhat is the scope of the collection?Historical? Aesthetic? Cultural?Time specifications?Specific period or time from which the objects must be?Other standards?Limits to collectingeducational uses, value to the museum, no duplicates etc.

Works with the Mandate & Defines what will be collected by the museumMore specific than the mandatenarrows the focusOther standards, might be that they must be useful to students, can be handled, are chemically stable, can be easily looked after the by museum10Sample Collections PolicyThe policy of the Melbourne County Historical Society is to collect only those objects made and or used in Melbourne County, or associated with a person, place or event in the County, or , to a limited extent, are typical or representative of objects made or used in the County; and that are historical, cultural, or aesthetic in nature; that cover the period from 1785 to 1900; and for which the museum has an ultimate use and for which the museum can care under standards acceptable to the museum field at large.Melbourne Country Historical SocietyAllows for representative objects (or reproductions, props etc.)Ensures they will not take on something that they cannot handleHelps guide curators, keeps deaccessions to a minimumAsk what is the type of object (objects related to the county), scope (historical, cultural or aesthetic) time, other standards (the museum must have a use for them, can care for?11Sample Collections PolicyCollections Policy (Mandate):The Ryerson University Library Archives and Special Collections (A&SC) has a mandate to acquire, preserve, and make accessible all non-circulating library collections materials that fall under the following categories: University Records (RG), Archival Fonds (F), Curated Collections (C), and Rare Books.The A&SC acquires items and collections of enduring archival value that can be reasonably processed, preserved and accessed, and whose rights are ethically and legally transferable.The A&SC will preserve and provide access to all collected material according to the appropriate, current federal or provincial law (including intellectual property legislation and Ontarios Freedom of Information and Protection of Privacy Act), Ryerson Universitys Mandate, or the pertinent donation agreement.The suitability of acquisitions to the A&SC are considered on a case-by-case basis by the Gift in Kind Donations Committee, which is guided by the Librarys Director of Development and the Coordinator of Special Collections & Archives.PolicyRyerson University Library and Archives Special Collections12Sample Collections PolicyThe ROM will actively establish, maintain, and expand the accessioned collections according to three tiers of priority: Core areas, Intermediate areas, and Peripheral areas. These tiers are meant to be fluid in that collections may move from one tier to another as new opportunities for significant acquisitions and curatorial research arise. Collection development and the setting of priorities will be guided by the specialized knowledge and research expertise of qualified professional staff.PolicyRoyal Ontario Museum 13Sample Collections PolicyThe ROMs core collections are those of established national and/or international significance supported by nationally and/or internationally recognized programs of curatorial research. These core areas are central to the ROMs mandate and the ROM is committed to them on a long-term basis. The following collections are currently considered core areas: Canadian historical art, decorative arts, and historical documents. Material culture and art of Aboriginal Peoples of ( ) North and Central America and contiguous regions. Near Eastern and Asian arts and archaeology, specifically China, Japan and Korea, Islam/Middle East, ( ) and South Asia. Africa, including ancient Egypt/NubiaTextiles and accessories.Western decorative arts, gold and silver, and arms and armour.Biodiversity, specifically botany, entomology, herpetology, ichthyology, invertebrate zoology, mammalogy, mycology, and ornithology.Earth Sciences, specifically minerals, gemstones, and petrology.Palaeobiology, specifically dinosaurs and other fossil vertebrates, Burgess Shale biota, and Ontario fossils.As the ROMs priorities for collecting and research change over time, the above listing will be subject to periodic review and change.Intermediate Areas Collections of provincial and national importance for which the ROM has some relevant curatorial expertise are considered intermediate. These collections have the potential to become core areas through significant acquisitions of objects and development of curatorial research.Peripheral AreasSome areas of interest are not represented in ROM collections. Other areas mhave only small collections, with limited potential at present for research and public programming, and with few or no opportunities for growth. Such areas are considered peripheral.Royal Ontario Museum 14Collections Management PoliciesBased on the mandateMinimize risk to the collectionsEnsure each step is the responsibility of a staff member who has authority to override/change policiesGuides daily operations Indicate what records should be keptEnsures transparency, adherence to best practicesHelps meet requirements for certificationShould be clearInput from all staff

15Collections PoliciesAcquisitionAppraisalsLoanDeaccessionAccessCollections careEthicsEmergency preparedness

IncludesWhat staff members are authorized to suggest acquisitions, approve aqcuisistionsCriteria for selection of objects16Collections Management ProceduresShould be separated from the policiesInstructions on how policies should be implemented on a day to day basisStep by step points AcquisitionAppraisalsLoanDeaccessionAccessCollections careEthicsEmergency preparedness

17Acquisition PoliciesMusee de Nepean MuseumTheatre Museum of CanadaYork University Libraries

Sample: Nepean Museum18Legal issues: PurchasesBills of saleRequired for legal title transferProcedures: How is it filed? Who keeps track of the record?Willing sellerSignature of the ownerProcedures: documentation, receipt of object, signatorySeller holds legal titleProcedure: who qualifies that the seller holds the title? How is this done?Policies and ProceduresIn order to be a legal sale19Legal issues: Gifts in CanadaProvincial common law code (civil in Quebec)What is a legal gift: Voluntary transfer of propertyWithout expectation of benefit by the donorDuring life (in vivos) or bequest (testamentary gift)Canadian LawCommon law is dereived from English law (similar in the USA) but Civil law is from French law20Legal Issues: Elements of a giftAn offerIntention to giveBy someone with clear ownership (title) or authorized agentAcceptanceTransfer of ownershipTo legally qualify as a giftIntention to give is key, no nifluence or promises or it becomes a contract, You cannot get tax benefit from a contract21Gifts and DonationsFractional GiftHow will possession be organized?Who will pay for costs?BequestsMust it be accepted?Promised giftsEthics/legal issues this raisesTypes of GiftsFractional gift must be made with a notary is quebecMust remember that bequests should be treated as any other gift, must be approved by the board or acq. Committee as necessaryPromised gifts must also go through the committee, deed of gift form should be altered to reflect the promised gift reviewed ever 5 years PROMISED GIFTS ARE NOT ENFORCABLE IN CANDA22Gifts and DonationsConditional giftsConditions may be applied by the donor or institutionCCPERB conditionsRestricted GiftsRestrictions regarding Use or DisposalProblematic Never, AlwaysDonationes Mortis CausaMade when donor is facing deathCan be revoked very unusualDonative sale, bargain saleTypes of GiftsConditions can include that they must be displayed x amount of time, must be displayed with a particular credit line, albums may not be taken apart, etc. CCPERB: must be done in the taxation year that the board gets to it, must be made for the value assigned to the objectBargain sale: onus is on the donor to prove fair market value to the IRS/CRA museum must not appear to endorse/be the source of the appraisal. Must have a letter from the donor/seller indicating that donation intent is there.23Transfer of TitleTransfer of ownership in a gift is not as clear as with a saleDeed of Gift or Gift Agreement formsMust prove:Gift was of of free willThe donor was the legal ownerThe title/ownership was transferredNecessary FormsWhile it is not likely that the donor will as for the donation back, legal transfer is best practice to ensure everything is legal and donor has given up ownership

24Deed of GiftAccurately describe the objects Statement transferring ownershipLegal names and addresses of institution and donorSignatures of Donor & museum representativeDateOther elements:Credit lineAny restrictionsCopyright (artists)

Elements for formLife interest ownership

25Deed of GiftLife interestResidual interestUsufruct (Quebec) Joint or partial ownershipBeneficial ownershipLiensUnderstanding Types of OwnershipLife interest: they can have it for life, and then it is sold and split among childrenResidual interest is what the children would getUsufruct, quebec, holds or enjoys the property that the bare owner owns usufruct offers care and maintenance & bare owner can sell but not interfere with the rights of the usufruct "Usufruct is the right of use and enjoyment, for a certain time, of property owned by another as one's own, subject to the obligation of preserving its substance...."No usufruct may last longer than 100 years."

Joint or partial ownership must have signatures of all involvedBeneficial trustee holds legal title in trust26Deed of GiftDate when all elements are presentIntentionAcceptanceTransfer of title (signed deed of gift)PossessionGift should not be considered complete until the item is in your possession title passes with possessionWhen does the gift belong to the institution27Deed of GiftThis deed of gift represents an agreement between Louise Wells Cameron Art Museum and the donor(s) named on the face hereof.Any variation in the terms noted must be in writing on the face of this form and approved in writing by both parties.

Gifts to Louise Wells Cameron Art Museum are deductible from taxable income in accordance with the provisions of Federal income tax law.However, Museum employees cannot, in their official capacity, give appraisals for the purpose of establishing the tax-deductible value of donated items.Evaluations must be secured by the donor at his/her/their expense.

The donor received no goods or services in consideration of this gift.

Limited gallery space and the policy of changing exhibitions do not allow the Museum to promise the permanent exhibition of any object.

If the work was created after January 1, 1978, the owner must certify that he/she owns the copyright to the work.If not, the name and address of the copyright owner or agent, if known, must be provided to the museum.

PROVENANCE:For many reasons, it is important that the museum have a complete history of this (these) works.To that end, it would be helpful if you will forward any information or documentation, which you may have with respect to your ownership, display and restoration.We would also appreciate any information you may have on prior ownership, display and restoration of your gift.If you have any information or materials regarding the artist(s) of this (these) work(s), please provide this information on a separate sheet of paper.Sample terms and conditions Louise Well Cameron Art Museum 28Deed of GiftBy these presents, I (we) hereby irrevocably and unconditionally give, transfer and assign to the International Tennis Hall Incorporated (ITHF) all applicable rights, title, and interests, including all copyright, intellectual property and related interests, in, to and associated with the Gift described above. Such rights include, but are not limited to, rights of reproduction, publication, exhibition, public and private display; the right to manipulate, make derivative works, reedit, recompile, and/or rearrange, including but not limited to the right to make copies for any use in any electronic form; and the right to renew or extend any copyright in the Gift to the extent permitted by United States law. I (we) affirm that I (we) own said Gift and that to the best of my (our) knowledge, I (we) have good and complete right, title and interests, including all copyright and related interests, to give. If less than all copyright and related interests are given, please specify:I (we) understand that all Gifts accepted into the collection of the ITHF become the exclusive and absolute property of the ITHF, and may be displayed, stored, loaned, or disposed of in the best interests of the ITHF, with proceeds from any disposal to be used in the best interests of the Museum portion of ITHF, as determined by ITHF in its sole discretion. As a matter of museum policy, the ITHF cannot promise the permanent exhibition of any object.I (we) understand that gifts to the International Tennis Hall of Fame Incorporated may be deductible from taxable income in accordance with the provisions of United States Federal income tax law. I (we) further understand that obtaining tax advice and/or appraisal values is my (our) responsibility, and that the International Tennis Hall of Fame Incorporated can neither give tax advice, nor give or pay for appraisals.

Sample terms and conditions Tennis Hall of Fame 29Deed of Gift

30Gifts and DonationsThe Memorial of GiftDone after the factFills in gaps in recordsTax ReceiptsFor a registered charity, Canadian municipality, Her MajestyCan be given to an institution or individual

Other formsMemorial of gift should contain the same information as the deed of gift, used to fix old , bad practicesTax receipt should come with a letter31Gifts and DonationsFair Market ValueHighest price available estimated in terms of money which a willing seller may obtain for property in an open and unrestricted market from a willing, knowledgeable purchaser acting at arms length Appraisals can be internal if the value is under $1,000.00 (provided the appraiser is qualified)Receiving institution is not obliged to offer appraisal servicesAppraisals should be done at arms length, often, the donor will pay if the tax receipt is largeAppraisalsReally this is best case of selling,l sometimes donations are better better than actual sale for this reasonKnowledgeable purchaser, knows the facts relating to value 32AppraisalsDescription of the objects & any information on which the appraisal is basedLegal aspects of the objects (ownership, conditions of the donation, can the objects be exhibited)Relevant dates (acquisition, donation, appraisal)Comparable sales, catalogue prices, information about the artistThe appraised fair market valueFee charged by the appraiserQualifications of the appraiserStatement of why the appraisal was done (insurance, income tax, Donation)Signatures & addresses

A good appraisal IncludesMake sure the appraiser knows how to read condition reports , understand objects well if they are not going to examine it themselves 33Gift and DonationsWho receives donation offersAre potential donations allowed on the premisesPolicy on restricted giftsWhat conditions are acceptableWho approves gifts, how often is this done?Policy on internal appraisals, who pays for external appraisals (donor or institution)Kinds of documentation necessaryCommunication with the donorIncludes the mandate, collections policy

Policies34Gifts and DonationsDirector, curator or registrar receives offer of giftGift is reviewed (in person or via photographs)Argument for acquisition is written & provenance research doneAppraisal donePresentation is made to the acquisitions committee Donation is approvedDeed of gift is signedItem arrives in the institutionAcknowledgement of gift is written & press release done

ProceduresWhy does the item not enter the collection until the gift is approved and the deed of gift signed?35Gifts and DonationsWait until we have received all of the items before accepting. If you accept everything before you've had a chance to examine it, you might find yourself in the position of accidentally having accepted an item or two that didn't fit your collecting plan, or that weren't in the physical condition you expected. Once you've accepted things, it would be awkward to try to give some of them back.We've also had a few instances lately of people in the process of estate planning offer to bequeath their collections to us. In those cases, we arrange a visit to their home and evaluate which items we feel would fit into the collection based on our current collecting plan. We then write them a letter with lists and photographs of those items, so that both parties can have it on record for when the time comes. We also explain in the letter that while the items fit into the current collecting plan and we feel their items would be of great value to the institution's collection, we cannot speak for future staff, who may have a different collecting plan/ storage situation/ financial situation to deal with at the time of the person's passing (some of these people will likely live another 15- 20 years or so). That way we let them know how appreciated their offer is, but we don't create potential difficulties for future staff by giving the impression that we will absolutely take all of the offered items when they pass on. This doesn't seem to be your situation, based on your email, but I thought I'd include it just in case.

Sample Bequest Procedures (form an art museum)Why does the item not enter the collection until the gift is approved and the deed of gift signed?36DonationsFree as in beer or free as in kittens?

Costs can include housing, conservation & maintenance, arrangement and description, accessibility, paperwork, legal fees, copyright..Flickr user pinguino, CC, Source: http://andromedayelton.com/blog/2012/07/04/why-unglue-when-you-can-buy-the-book-for-starters-you-cant/

37Acquisitions Who is building the collection? Policies around approval of acquisitions, whether donations or purchase

Those responsible for acquisitions may include:Curator/collections managerAcquisitions CommitteeBoardDirector

38Provenance researchDue Diligence From a legal point of view: the care that a reasonable, prudent person might be expected to exercise in the examination and evaluation of risks affecting a business transaction.Read: Make sure youre getting what you think youre getting.Not necessarily exhaustive.Why: Forgeries, stolen work, spoliation, questionable title, condition issues etc.What: provenance research includes copies of receipts, signed affidavits from the donor/seller including dates of purchase, location of acquisition You dont have to go back to the point when the work was madejust a reasonable distance. This may change depending on what you are acquiringsomething that was last recorded in Germany during the Nazi regime or in Egypt during times of strife needs a further look.39Provenance researchTo Ensure that: the work was not illegally imported or exported against any cultural property laws (UNESCO, CCPERB), it was not stolen,Certain cultural artifacts are looted and smuggled out of their home country (by foreigners or locals) 40Stolen ArtworkUNESCO in Canada Convention Against Illicit Export (Cultural Property Implementation Act), allows for stolen objects to be seized, 1970 1978, Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin facilitates restitution of cultural property lost due to occupation or illicit appropriation.Recent theft of a photograph from Berlin GalleryFlea market RenoirCedar Falls Museum TheftTheft of Picasso, Matisse, MonetRembrandt and Vermeer theft41ForgeriesMore common than you might thinkArticle : Too much of a good thingVideo: The Trouble With Experts 7:38Fakes, Forgeries and Mysteries at the DIA Detroit Institute of Art had an exhibition of fakes from its collection - 60 pieces, including photographs.Current forger named Mark Landis (Steven Gardiner, Father Arthur Scott, Father James Brantley, Mark Lanois)Mark Landis, sold to the Oklahoma City Museum of Art, Paul and Lulu Hillard University Aet Museum, Ackland Art Museum, copied picasso, John Hancock letter, Walt Disney, Lincoln (document)42Art and Craft: Mark Landis Documentary NPR story on the documentaryTrailer43ForgeriesDuring the 1990s, Hine prints were selling at auction @ $10,000 - $50,000Walter and Naomi Rosenblum photography dealer, art historian (both Hine experts)Sold over 500 Hines between 1979 and 1999Signed lifetime and vintage prints turned out to be printed posthumously (claimed to be from a group he printed before he died or from ones bequeathed to the Photo League)Paul Messier conservator, IPI: how the forgeries were revealvedLink to storyThe Lewis Hine Fraud44ForgeriesCollector Werner Bokelberg began to question the number of prints available Purchased from Benjamin Walter, claimed to have inherited prints from the artist and through friendsPrints often show different cropping (access to negatives)Have been vetted by experts, sold at auctionLink to storyMan Ray Forgeries

A fake of Man Rays La Marquise Casati, 1922 http://www.artnet.com/Magazine/news/robinson/robinson12-2-1.asp45Forgeries1930s vintage promotional material Used vintage stock from lobby cardsLink to storyHorror Film Poster ForgerA forged vintage posterhttp://www.theguardian.com/film/2012/apr/11/horror-film-poster-forger-sentenced

46Piracy16mm prints in the 1970s27 000 cans of films seized, including collection of Roddy McDowall for years the stars and production personnel have illegally accumulated and exchanged prints for reasons of personal entertainment Segrave, K. Piracy in the Motion Picture Industry

47SpoliationVideo: Charlotte Woodhead, University of Derby, UK: Review of moral claims agains museums and issues with titlEUNESCO urges all parties to protect Syrian cultural heritageCollection reviews: Austrian National Library Hood Museum Works will often have gaps in provenanceAcquired After 1932 and made before 1946 (Nazi Era as determined by the American Association of Museums , AAM and Association of Art Museum Directors, AAMD 1999, 1998)Stolen art was well documented in photos and albumsEuropean source artwork from the Nazi eraHitler and Goering looted works from private collections, destroyed some, kept some, sold some all over Nazi occupied Europe. Some were actually returned after the war (there was a person in charge of the collection who kept detailed note that allowed the Allies to do this) but others had already found their way to dealers and into museum or private collectionsThis is actually a recent effort to repatriationmany very very well know and well respected institutions have found and returned items (Harvard, Met, British Museum etc.) its a long and complicated processMost commonly Judaica and European Paintings.UNESCO convention is an agreement to return illegally exported items rich western countries that were the destinations signed..PROBLEMATIC---how far to go back? Incans? Roman work stolen in the 410s? Oblisque in Rome? 48SpoliationStolen works are made public on art loss data bases : both what is missing and what is of questionable origin.Even social media is being used to track down the rightful ownersOther Problematic Times/Places: Iraq, Bagdad Museum 2003Afghanistan Greece, Egypt, Italy (antiquities) Egypt (recent)1954 United Nations Hague Convention & Protocol1970 UNESCO convention1999 United Nations, Second Protocol As of 2014, signed by 126 statesEuropean source artwork from the Nazi era1954: following the second world war : Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention 19541970 Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property3 measure: Preventive measures (Inventories, export certificates, monitoring trade, sanctions, education)Restitution Provisions: parties are asked to take appropriate steps to recover and return cultural property imported after the convention International cooperation framework:

1999: Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict safeguarding of and respect for cultural property and the conduct of hostilities; thereby providing greater protection than before. It creates a new category of enhanced protection for cultural heritage that is particularly important for humankind, enjoys proper legal protection at the national level, and is not used for military purposes. It also specifies the sanctions to be imposed for serious violations with respect to cultural property and defines the conditions in which individual criminal responsibility shall apply. Finally, it establishes a 12 member Intergovernmental Committee to oversee the implementation of the Second Protocol and de facto the Convention.

The Second Protocol does not replace the Hague Convention; it complements it. In other words, the adoption of the Second Protocol has created two levels of protection: the basic level under the Hague Convention for its States Parties and the higher level of protection under the Second Protocol for its States Parties.PROBLEMATIC---how far to go back? Incans? Roman work stolen in the 410s? Oblisque in Rome?

49Spoliation

AAMD task force report

American Association of Museums: Nazi-era provenance

Presidential Advisory Commission on Holocaust Assets in the U.S.

National Archives and Records Administration: Holocaust-Era Assets

Getty Provenance Index

Lost Art Internet Database

Museum Security Network

Research on European source artwork from the Nazi eraMontreal Museum of Fine Arts Provenance Resaerch ProjectNational Gallery of Canada: Provenance Research Metropolitan Museum of Art Provenance Research Project National Gallery of Art World War II Resources at the GalleryBoston Museum of Fine Arts, Provenance ResearchCommission for Art Recovery

The Art Loss Register on the Internet

Project for the Documentation of Wartime Cultural Losses

50SpoliationSyria some of the oldest churches, mosques, palaces, architecture in the worldLooting of cultural objects has become a problemSyria Looting: Slide Show & Audio (Here and Now)Items procured by soldiers

Recent Issues it still happens51Looted artDetroit Institute of Art, Provenance policies

52PROVENANCESothebys London, 1997The Helene Anderson Collection

53Avant Garde photos1920s & 1930s

Raoul HausmanHill and AdamsonImongen CunninghamGermaine KrullEl LissitzkyLazlo Moholy-NagyMan RayAlexandar RodchenkoEdward Weston

234 imagesSold for $3.3 millionCollected by Helene Anderson1900 mid 1930sMany German artists

54Anderson Collection.Researcher Dr. Herbert Molderings from Ruhr UniversityFound original owner was actually Mrs. Hildegard Kirchbach, widow of a Nazi supporter, Kurt Kirchbach German nursing home where Mrs. Kirchbach died were bequeathed the photographs so long as the Kirchbach name was never associated with it.Couple who sold the collection (Burdack) used a deceased family members name and invented a story to keep the name out of it.Amassed around the early 1930s Auction was held before this was discovered, the collection was dispersed Burdack CollectionKirchbach Collection55Kirchbach CollectionLegal titleDid the Burdacks really have legal title? Was it really donated willingly? Was Mrs. Kirchbach of sound mind? Was Mrs. Burdack legally entitled to take the gift?ProvenanceThe timing and location of the collection is very suspicious, Mr. Kirchbachs association with the Nazi party adds to thisThe auction was held out of country under an assumed identityOther claimantsFamily members, former lawyer, heirs all have brought civil cases for unlawful posessionA preexisting will donates the entire art collection to the Basel art museumAs of 2008, had not been decided

Issues56Provenance Detroit Institute of Art, dealing with stolen art

57Provenance Getty Research Institute : Project for the study of Collecting and Provenance International Foundation for Art Research: Provenance Guide

Help with provenance research58Canadian Cultural Property Export Review BoardCultural Property Export and Import Act.Arm's length administrative tribunal that reports directly to the Minister of Canadian Heritage. Items on a control list that are going to be exported from Canada can be denied or delayedInstitutions with designation can purchase the workProvides tax incentives for donation of certified cultural propertyCertification committee meets 4x a year for permits for import/export and for tax approvalsHistory 59Canadian Cultural Property Export Review BoardPaintings, sculptures, books and manuscripts, ethnographic and decorative art material, scientific objects, musical instruments, archival materialsMust be movable Does not need to be Canadian in origin.What is cultural property?60Canadian Cultural Property Export Review BoardPurposesTo ensure Canadian cultural property of outstanding significance stays in CanadaProvides for making of grants and loans for repatriation of objects or purchase of objects that have their export delayedProvides tax benefits to donors to keep objects in CanadaHelps with recovery & return of illegally exported foreign cultural property What does it mean?Belongs to CanadaCannot be deaccessioned for at least 10 years

CCPERB in Canada61Canadian Cultural Property Export Review BoardTax incentivesNo maximumCan be carried overBenefits62Canadian Cultural Property Export Review BoardInstitution must be designated under the cultural property export act at the time of legal transfer (signing of title transfer, deed of gift) not eligible if signed beforeLegal, curatorial and Environmental requirementsA status is given for a certain period of timeB is given in relation to a specific donation

A & B Designation63Canadian Cultural Property Export Review BoardA Designation : Institution must be designated under the cultural property export actArguments for Outstanding SignificanceValue in the study of the arts or sciencesAesthetic qualitiesClose association with Canadian History or national lifeLoss to Canada would significantly diminish national heritage No benefit under $1,000.002 independent appraisals must be unconnected to the institution Procedure64Canadian Cultural Property Export Review BoardObjects Recovered from the Soil or Waters of Canada Objects of Ethnographic Material Culture Military Objects Objects of Applied and Decorative Art Objects of Fine Art Scientific or Technological Objects Archival materials (Textual Records, Graphic Records and Sound Recording) Musical Instruments

Cultural property groups / control list65Cultural PropertyA very attractive situation for donorsIs becoming more difficultVancouver Sun Article

Issues66Gifts and DonationsHow do you determine if a donor has full authority to gift an object to the institution?What is the most efficient and thorough procedure for accepting and processing gifts into your collection? What happens first?What procedures can you initiate to help the year-end-gift processing go more smoothly?How can you prove that a gift to the museum is finalized? What constitutes intent? Acceptance? Receipt?Questions67HypotheticalYou have a single donation from multiple donors (ie. siblings) but you can't have them all in the same place at once to sign the Deed of Gift. One sibling was instrumental in donating the object so she signed the original Offer of Donation and she's the only one you have contact info for at the moment. In an email correspondence, she says she "convinced" her other siblings to donate the object as well and one of the other siblings sent the object to you. Do you send them each a Deed of Gift individually and note that it's only for their portion of the donation? Or have only one Deed of Gift with the signature of each on it? How do you go about drafting/signing the DoG? What information do you need?What do you do if one of the donors doesn't return the form? Multiple donors68Hypothetical In your files, you discover an agreement indicating some conditions for the gift of an object that was then accessioned. Your object files indicate two of the conditions were violated (irreversible repairs were made) several years after the loan. Should you notify the original donors or their heirs in the interests of transparency, or keep it discreet? You are occasionally in touch with some of the younger members of the family, but you don't think they are aware of the conditions attached to the gift.How can this type of thing be avoided in the future?Violation of gift agreement69HypotheticalYour are going through some files and come across a problem: You received a donation and the letter from the donor says "I own these items and give them to the Museum without condition." The letter is on the donor's business letterhead and is signed and dated. You sent the paperwork not long after receiving the items and the donor decided that some of the items should be loans and not gifts and marked the DofG to state which are to be loans. Your institution isn't taking any loans right now to keep down insurance costs & had you known this I would not have taken these items. The time frame between the donor's letter and the DofG being returned was about 2 weeks. How will you handle the situation? How can this kind of thing be avoided in future?

Gift turned loanwhat takes priority the donor's letter, which was dated first or the changed DofG.it is important to remember that you work under the public's trust, you could try to push the issue based on a signed letter, you should go by the wishes stated on the Deed of Gift, or risk bad feelings and possibly a legal battle, you may not win. It might be different if all you had to acknowledge the gift was the letter and a number of years of care and custody had since passed. If you can't or don't want to make an exception to your loan moratorium for the items marked for loan, you can always return those to the owner with a polite explanation.

70HypotheticalYour museum has been approached by a patron who is interested in selling historic documents. However, his proposal is to split ownership; you would pay for half, and ownership would be split between the museum and the patron. He is interested in doing this in order to keep the documents in his family (ownership would pass down future generations) and to allow the public tohave access tothe documents. Tax deductions are of much concern to the patron, as the monetary value is probably not very high. Your collections advisory group will be meeting to discuss the relevance of the documents to your collection and other aspects of this transaction. What issues may arise? What would you do?

Partial Saleneed a rock-solid memorandum of understanding if we do enter into such an agreement. What access does the family have? Who decides if the object Who will be paying for storage and conservation? Insurance?Maybe only if you could have 51% and have controlling interest. Otherwise, a permanent legal nightmare: an open-ended purchase that will never be fully consummated.Would a renewable loan be better as far as giving access to the collection to the public, while retaining family ownership?71HypotheticalYouve received a donation of a varied collection films of archeological digs, photographs, and scientific instruments. You maintain collections in all of those areas, so none of the objects are obviously inappropriate for our museum.However, it will take some time for various curators and outside experts to help you evaluate the material to see what does and doesnt fit into the wider context of your collections. The primary curator involved guesses it will take at least a year, or maybe years.Meanwhile, the year is nearing its end, and you need to provide some sort of tax information to the donor. Is it appropriate to officially accept the donation and complete transfer of title now, then evaluate and possibly dispose of material later?What do you do when you bring in a large collection for evaluation? How do you prevent a temporary deposit situation from becoming someone elses unresolved headache later onLarge Donation72HypotheticalAn attorney of an estate trust calls you to see if your museum wants to take something that someone else declined. You are happy to take it so you say yes. It should be noted that your institution was in the will and received monetary support from the estate trust already. The material arrives and the attorney sends you a receipt which you sign and mail back.

What do you need to do now?BequeathCopy of the portion of the will that bequeaths the items or Get the attorney to write up a letter stating it 73