Museums are, for the most part, subject to state law, as most of them are organized under state not-for-profit statutes. Government has very limited authority on cultural issues. When it comes to deaccession, the law is far from simple or straightforward.
However, this policy shift by AAMD does not alter the legal rules governing such transactions. Given this history of sanctions by both AAMD and AAM, a major policy shift occurred on April 15, 2020, when AAMD came out with a statement announcing it will refrain from censuring or sanctioning any museum if deaccession-related transactions, which occur between Apand April 10, 2022, are to support operating expenses. These sanctions can last for a few years, as was the case when AAMD sanctioned the National Academy Museum in New York for selling Frederic Edwin Church’s Scene on the Magdalene (1854) and Sanford Robinson Gifford’s Mount Mansfield, Vermont (1859) in order to pay its bills. Similarly, in 2017, both AAM and AAMD censured the Berkshire Museum in Massachusetts when it used the proceeds from the sale of 40 artworks to carry out museum operations, including a plan to shift the museum’s focus away from art. AAMD’s president stated, “The proceeds from the sale or funds from the deaccession can only be used to buy other works of art.” AAMD sanctioned the Delaware Art Museum and called for other museums to discontinue working with the Delaware Art Museum. In 2011, the Delaware Art Museum sold one painting from its collection to tackle a debt. Historically, both industry groups have taken a firm stance against most deaccessioning activities, with the notable exception of selling artwork for the purpose of making new acquisitions. These guidelines do not create legal obligations or establish mandatory rules for museums to follow, but rather, as a Federal District Court in Ohio noted in 2006, these guidelines are intended to “facilitate the ability of museums to act ethically and legally as stewards” through “serious efforts” on a “case by case basis.” These policies are typically guided by the ethical standards set by two major museum associations: the American Alliance of Museums (AAM) and the Association of Art Museum Directors (AAMD). When it comes to industry practice, each museum sets its own policies regarding deaccession and the sale of museum assets.
Deaccession is the industry procedure to remove an object from an institution’s collection and sell it to raise funds. One action museums may be contemplating to ease their financial burden is the deaccession of artwork. Others have taken more drastic measures, such as the Museum of Contemporary Art in Los Angeles, California, which laid off all of its part-time staffers in March. Like many other businesses, museums are cutting pay and furloughing workers in an effort to deal with the financial hardships caused by the pandemic. As COVID-19 spread across the globe, most museums were forced to close their doors to the public to comply with “stay at home” orders and social distancing requirements.
0 kommentar(er)
