A Legal Primer on Managing Museum Collections

As a more educated, affluent, and diverse society makes new demands of its local museums, the form and caliber of museum governance are increasingly subject to public scrutiny. Objects that once passed quietly in and out of collections are now the focus of national and international debate. Artists are more vocal, and university trained museum professionals are questioning traditional practices. In addition, museum administrators, trustees, and legal counsel are confronted with ever more complex laws and regulations in managing what was once a relatively uncomplicated and exclusive domain.Hailed when it was first published in 1985 as the bible of U.S. collections management, this book offers the only comprehensive discussion of the legal questions faced by museums as they acquire, use, and refine their collections. Equally important, it provides practical guidelines for creating or revising internal policies in order to avoid legal entanglements. This second edition is completely revised, expanded, and updated, incorporating into the original format the many legal developments that have occurred during the past thirteen years. Included are a comprehensive discussion of stolen art and the international movement of cultural property, coverage of the Native American Grave Protection and Repatriation Act, recent developments in copyright, and the effects of burgeoning electronic uses. Malaro also describes new activity in deaccessioning, increasingly complex problems in borrowing and lending, and current developments in tax-related issues.Clear and accessible to the nonlawyer, the book also has extensive footnotes and references for those with legal training, sample agreements andforms that can be adapted to the needs of individual museums, and helpful discussions of the interaction between law and professional ethics. This new edition will continue to serve as a definitive guide for U.S. museums, a model for museums outside the United States, and an essential text for students of museum management.