“Is it ever permissible for a museum to sell some of its masterpieces for financial reasons?” asked a recent article. Is that it? And the answer is yes if the funds from the sale are utilized “consistently with the established norms of the museum’s discipline, but in no case for anything other than acquisition or direct care of collections.” Universities that violate the AAM Code of Ethics risk losing accreditation. What message do such “sales” convey to financial contributors and prospective artifacts, artwork, etc., givers?
Uncertainty is why many collectors opt to loan rather than donate their collections. This made me think. What measures should I take if I lend my antiques to a museum? Looking for a lender? Check out Oak Park Financial website and see their offers.
As a lender, you should understand the fundamental legal problems concerning museum loans. The National Law Review summarizes primary loan conditions and topics before signing a loan arrangement.
You should contact an estate planning attorney. The museum will supply a pre-written borrowing agreement. A lawyer undoubtedly created the loan agreement, but not yours!
Specify Your Needs
Remember that you’re lending YOUR items and that YOUR needs trump the museums. And the more valuable and uncommon your artifacts are, the more leverage you will have.
For example, these are some frequent loan requests:
- Items on loan are credited.
- Where do you want your goods exhibited at the museum?
- Instructions for lighting, temperature, humidity, etc.
- Whether or not visitors may photograph your things
- After the loan, the lender receives the exhibit description card.
Assist your lawyer in addressing all of your issues and wishes in the loan agreement (along with the other items discussed in this article). Although contracts might be tiresome, fight them with vigilance!
Formalize a Museum Loan Agreement
Almost often, the museum will give a lending agreement. Remember that a lawyer prepared the contract – just not your lawyer.
The loan agreement is a legally enforceable contract. The loan agreement must include the items, locations, and individuals involved. This information relates to the loan’s terms and conditions.
According to the Museums Association, a good loan arrangement has clear terms and conditions.
Include current appraisal values and condition reports of the things you’re lending with the loan agreement. In the unfortunate case of loss or theft, such documentation can assist achieve fair compensation. This takes us to insurance.
Beyond your collection and house insurance, the museum should cover your artifacts from door to door or wall to wall. If you lose an item, you may get it back within 24 hours.
When negotiating insurance coverage with the museum, seek total replacement value for your pieces, not market value. A good museum should be able to handle both.
Prevent Items Seizure
When giving cultural relics or fine art, be sure they are not subject to legal examination. It might be a simple ownership dispute without a contract of sale or an artifact protected under the Archaeological Resources Protection Act of 1979.
No one may excavate or remove archaeological materials from federal or Indian territory without permission from a land management agency. Arpa also restricts any transactions involving money or goods. Infringers risk heavy penalties and perhaps prison time if convicted. They will also seize any designated archaeological resource.
The museum should contact the US Department of State to determine whether an artifact is protected by Statute 22 when sent abroad. If so, the item is shielded from the legal process.
After completing the steps mentioned earlier, you should promptly store any loan-related documents.
You may upload and keep the following documents using your RelicRecord.com account:
- Loan agreement signed copies
- Items leased with photos and descriptions
- Recent assessment values and reports
Is It Valued?
While the following points may seem tedious, museum loans provide numerous advantages for you and others. You may help the public by lending your antiquities and artworks to others to enjoy and learn from. Putting your name and stuff out there will allow you to meet individuals who share your interests.
If you decide to loan your belongings to a museum, we hope we’ve helped ease the process!