The Legal Guide for Museum Professionals
The Legal Guide for Museum Professionals

Author: Julia Courtney

Publisher: Rowman & Littlefield

Published: 2015-03-19

Total Pages: 317

ISBN-13: 1442230436

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Museums are multifaceted institutions that reach across all disciplines and encounter a complex range of legal questions. Experts in museum and art law join forces in this essay-format volume. These unique, nonprofit cultural organizations face a myriad of legal concerns as they launch into the twenty-first century and will continue to require specific guidance. From intellectual property law to navigating waters of social media, de-accessioning concerns to governance law, copyright, and rights and reproduction questions to issues of public domain and public trust, The Legal Guide for Museum Professionals seeks to provide answers and courses of action for museums of all disciplines. This book will assist professionals in determining when to seek professional legal counsel and when to educate themselves and proceed on their own. The book was inspired by a panel of experts who have presented at numerous regional and national conferences for museum professionals are especially practiced at providing insight into current legal concerns, including: Gil Whittemore Esq. of Rath, Young and Pignatelli, P.C. and former Chair of the American Bar Association’s Museum Law Committee; Katherine E. Lewis Esq. Chair of the American Bar Association’s Museum Law Committee and practicing New York attorney; Mark S. Gold Esq. practicing attorney in Williamstown, MA with the firm of Parese, Sabin, Smith & Gold LLP who has written and edited extensively on all aspects of museum and art law. All three contributed to this volume.

A Legal Dictionary for Museum Professionals
A Legal Dictionary for Museum Professionals

Author: Heather Hope Kuruvilla

Publisher: Rowman & Littlefield

Published: 2021-04-15

Total Pages: 309

ISBN-13: 1538142988

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Presented in an easily digestible format, this go-to desktop reference guide provides explanations and clarifications on a variety of legal issues and concerns facing today’s museum professional in over 200 plain-language dictionary entries. Alphabetized and extensively cross-referenced, this text will provide a quick go-to when a general introduction to or refresher of a concept is needed on the go, including: Intellectual property issues, including copyright, trademarks, and fair use Corporate issues, including nonprofit status and tax-exemption Governance issues, including boards of trustees and fiduciary duties The second edition adds over 40 new dictionary entries that address emerging issues in the field such as the 2019 FASB update and direct care of collections, plus new topics such as marital property and business structures. The text is divided into three main sections: In the first, over forty common acronyms and symbols are explained, and over twenty statutes impacted museum work are listed, with common names or acronyms plus citations provided. In the second, over 200 terms are concisely defined and situated specifically in relation to the day-to-day work of the museum professional, each cross-referenced to related definitions. In the third, ten additional topics are developed in depth, allowing the subtleties and complications to be examined and explained in an accessible plain-language manner. Further, the supplemental, in-focus section includes new chapters on museum deaccessioning and disposal, business structures, and worker classification and independent contractors in addition to updated chapters on topics ranging from intellectual property to business formation, tax-exempt status, and worker classification. Written by a past museum director with legal training, this reference book is intended to be kept within arm’s reach at a desk and be the first stop for a professional whenever a question arises.

Starting Right
Starting Right

Author: Gerald W. George

Publisher: Rowman Altamira

Published: 2004

Total Pages: 184

ISBN-13: 9780759105577

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Here in this second edition, updating the original by Gerald George and Cindy Sherrell-Leo, you will find out in straightforward language what a museum is--philosophically and historically--some pros and cons of establishing your museum, up-to-date resource lists, and good basic advice on all aspects of museums from the choice of a building through collections care, registration, exhibitions, conservation, staffing, financial management, and fund raising.

Visual Arts and the Law
Visual Arts and the Law

Author: Ms Judith B Prowda

Publisher: Ashgate Publishing, Ltd.

Published: 2013-10-01

Total Pages: 511

ISBN-13: 1848221320

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This essential handbook offers art professionals and collectors an accessible legal analysis of important principles in art law, as well as a practical guide to legal rights when creating, buying, selling and collecting art in a global market. Although the book is international in scope, there is a particular focus on the US as a major art centre and the site of countless key international court cases. This authoritative but accessible and wide-ranging volume is essential reading for arts advisors, collectors, dealers, auction houses, museums, investors, artists, attorneys and students of art and law.

Art Law
Art Law

Author: Michael E. Jones

Publisher: Rowman & Littlefield

Published: 2016-06-15

Total Pages: 223

ISBN-13: 1442263164

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Between the countless works of art in the world and numerous laws on their care, the task of deciphering correct procedure can seem daunting. In Art Law: A Concise Guide for Artists, Curators, and Art Educators, Michael E. Jones breaks down the legal language into a concise tool for all those involved in the art world. While most art law books are written for law students or museum directors, trustees, and curators, Jones’ book appeals to a far larger audience, particularly undergraduate and graduate students studying art, graphic design, photography, museum studies, art education and art business. It is also a useful research guide for museum professionals, gallery directors, foundation heads, working professional visual fine artists and board/trustee members. Art Law distinguishes itself by providing a broad scope of art law in relation to the world of artists and those organizations that support, preserve, govern, display, and even sell art. Covering topics such as acquisition, grants, and buying and selling, this book takes a look at the ethical and legal issues and rights that confront the art community and museums. Through case studies complete with images, readers can see these topics in action. Art Law is a must-have guide for art educators, museum studies students, art law and business programs, and artists looking for clear and readable descriptions and answers to the relevant legal issues facing the art world community.

A Practical Guide to Museum Ethics
A Practical Guide to Museum Ethics

Author: Sally Yerkovich

Publisher: Rowman & Littlefield

Published: 2016-03-07

Total Pages: 245

ISBN-13: 1442231645

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Are your collections up for grabs? Does the spouse of one of your trustees have too much to say about developing the exhibition schedule? How much is too much public participation? Where does a curator’s authority begin and end? With money increasingly difficult to raise, is a museum more likely to accede to potential funders’ demands even when those demands might compromise the museum’s integrity? When a museum is struggling with debilitating debt, should the sale of selected items from its collections and the use of the resulting proceeds bring the museum into a more stable financial position? When a museum attempts to build its attendance and attract local visitors by crowdsourcing exhibitions, is it undermining its integrity? Ethical questions about museum activities are legion, yet they are usually only discussed when they become headlines in newspapers. Museum staff respond to such problems under pressure, often unable to take the time required to think through the sensitive and complex issues involved. Grounded in a series of case studies, A Practical Guide to Museum Ethics confronts types of ethical dilemmas museums face and explores attempts to resolve them in chapters dealing with accessibility, disability, and diversity; collections; conflict of interest; governance; management; deaccessioning; and accountability and transparency. Suitable for classroom use as well as a professional reference, here is a comprehensive, practical guide for dealing with ethical issues in museums.

A Legal Dictionary for Museum Professionals
A Legal Dictionary for Museum Professionals

Author: Heather Hope Kuruvilla

Publisher: Rowman & Littlefield

Published: 2016-02-18

Total Pages: 270

ISBN-13: 1442263431

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Intellectual property issues, including copyright, trademark, service marks, and fair use Corporate issues, including non-profit status and tax exempt status Governance issues, including trustees and fiduciary duties A Legal Dictionary for Museum Professionals features three major sections: In the first, ten common acronyms and symbols are explained. In the second, more than 100 terms such as abandoned property, automatic revocation, charitable trust, conflict of interest, declatory judgment, doctrine of equitable deviation, fiduciary duty, nondistribution constraint, partial gift, quid pro quo contribution, and unrelated business income tax are concisely defined specifically in the context of their relevance to day-to-day museum work. In the final section, ten additional topics are broken out into a more in-depth explanation, allowing the subtleties and complications to be examined and explained in a plain-language manner. These include ethics and the law, licensing, trademark, The Business Judgment Rule, and Non-Profit Organizations and Tax Exemption. Written by a museum director who holds a law degree and has practiced law, this reference book is intended to be kept within arm’s reach at a desk and be the first stop for a professional when a question arises.

Museum Governance
Museum Governance

Author: Marie Malaro

Publisher: Smithsonian Institution

Published: 2013-07-09

Total Pages: 193

ISBN-13: 1588343812

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In Museum Governance, Marie Malaro addresses a range of issues facing museum administrators and trustees, arguing they can handle their duties intelligently only if they understand two points—why our country sustains a nonprofit sector and what constitutes trusteeship. Armed with this knowledge, trustees can sort out knotty problems relating to corporate sponsorship, entrepreneurial activities, and fundraising in ways that preserve the integrity of the nonprofit. Malaro first explores the principles of nonprofit governance. She explains the purpose and use of professional codes of ethics and offers practical advice about board education and its role in fostering the long-term health of an organization. She then applies these principles to situations frequently confronting trustees, discussing how to set collection strategies, balance mission and entreprenurial ventures, handle deaccessioning, maintain effective board oversight, approach automation, and deal with repatriation requests.

Museum Law
Museum Law

Author: Marilyn E. Phelan

Publisher: Rowman & Littlefield

Published: 2014-04-17

Total Pages: 515

ISBN-13: 0759124353

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From one of America’s foremost experts in museum and cultural heritage law, here is a comprehensive guide to both U.S. and international laws and conventions affecting museums, art galleries, natural and historic heritage, and other cultural organizations. This authoritative guide: begins naturally with laws protecting art and artists (include artists’ freedom of expression, invasion of privacy, right of publicity, and trade laws), moves on to protection of artists’ property rights through copyright laws, and then goes into international laws and conventions (with full coverage of the Hugue Convention for the Protection of Cultural Property in the Event of Armed Conflict, the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import and Export and Transfer of Ownership of Cultural Property, and the UNIDROIT Convention on the International Return of Stolen or Illegally Exported Cultural Objects), features full coverage of U.S. laws protecting cultural heritage such as the Antiquities Act, the Historic Sites Act, the National Historic Preservation Act, the National Film Preservation, State Preservation Acts, and the National Stolen Properties Act includes detailed coverage of U.S. laws protecting our natural heritage such as the Lacey Act, the Endangered Species Act, and the Marine Mammal Protection Act features much needed current coverage of laws affecting the operation of museums, ranging from organizational structure and accounting to governance and use of guards and volunteers includes invaluable details of laws related to museum collections, including: purchases loans gifts deaccessioning detailed coverage of laws and regulations governing the tax-exempt status for museums, including how to fill out required forms unprecedented attention to museums’ unrelated business taxable income from such increasingly common activities as gifts shops, snack bars, travel tours, and sponsorships. No museum, cultural heritage site, or historical site can afford to be without this authoritative guide.