SAMPLE DOCUMENT USE STATEMENT & COPYRIGHT NOTICE

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1 SAMPLE DOCUMENT Type of Document: Collections Management Policy Museum Name: 390 th Memorial Museum Date: 12/07/2017 Type: History Museum Budget Size: $51,000 to $249,000 Budget Year: 2017 Governance Type: Private, Nonprofit Organization Accredited: No Notes on strengths or special features: The document contains the following required elements: Acquisitions/Accessioning Deaccessioning/Disposal Use of proceeds from the sale of deaccessioned collections Loans incoming outgoing Care Inventories and/or documentation Access and/or use of collections The document contains the following additional sections: Abandoned Property/Unclaimed Loans Appraisals Authority Categories of Collections Code of Ethics Objects Found in Collection Objects Left in Custody Photography Review/Revision Cultural Property Glossary Housekeeping Insurance & Risk Management Laws Mission Statement Rights & Reproduction Scope of Collections Other: USE STATEMENT & COPYRIGHT NOTICE The AAM Information Center has provided this sample document. It serves as an example of how one museum addresses a particular issue. Museums should compose original materials based on their unique circumstances. Any document produced by the recipient should not substantially use the contents of this sample as the basis. Materials in the AAM Information Center are provided "as is," without any guarantee or warranty of any kind, expressed or implied. NOTICE CONCERNING COPYRIGHT RESTRICTIONS Under certain conditions specified in the copyright law of the United States (Title 17, United States Code), libraries and archives may furnish a photocopy or other reproduction. The photocopy or reproduction may not be used for any purpose other than private study, scholarship or research. If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of fair use, that user may be liable for copyright infringement.

2 Collection Management Policy Approved by the 390 th Memorial Museum Foundation Board of Directors December 9, 2017 Contents I. Mission Statement II. Purpose of the Collections Management Policy III. The Collections Team IV. Types of Collections V. Acquisitions VI. Deaccessioning & Disposal of Objects VII. Care and Control of the Collections VIII. Access to the Collection IX. Reproduction and Copyright Considerations X. Staff and Volunteer Policies Related to Collections and Collecting XI. Loans XII. Insurance and Risk Management XIII. Review and Revisions to this Policy XIV. Appendix A I. Mission Statement The Mission of the 390 th Memorial Museum is to honor and memorialize those veterans who provided ground support and flew the B-17 in the 390th Bombardment Group of the Eighth Air Force in World War II, to serve as a window on the air war over Europe by the 390th and related Bomb Groups in that conflict, and to educate the public on their service and sacrifice in the cause of freedom. II. Purpose of the Collections Management Policy The Collection Management Policy establishes the principles, procedures, and legal responsibilities for the acquisition, care, loan and use of the collections of the 390 th Memorial Museum. The Museum is committed to maintaining standards of professional and ethical excellence in all its actions and embraces the standards set forth by the American Association of Museums. pg. 1

3 The Museum holds its collections in trust for the public and recognizes its responsibility to ensure their planned and coherent growth, development, use and care. The Museum further recognizes its responsibility to prevent the loss of its collection by deterioration, mismanagement, or indiscriminate dispersal. III. The Collections Team The Collections Team is comprised of the Executive Director, the Library and Collections Specialist, and the Collections & Data Manager. The Collections Team holds the following authority with respect to the collection: 1. The authority to accept or decline gifts or bequests. 2. The authority to deaccession objects. 3. The authority to review and accept both incoming and outgoing loans. The Collections Team reports to the Board of Directors on a quarterly basis. Its roles are as follows: 1. The Executive Director makes all final approvals on behalf of the Collections Team and reports to the Board of Directors. 2. The Library and Collections Specialist oversees that the entire collection is properly managed, and accessible. 3. The Collections & Data Manager is the assigned registrar. IV. Types of Collections Permanent Collection Objects of the museum, acquired and preserved because of their potential value as examples, as reference material, or as objects of aesthetic, historic or educational importance, all relating to the museum s mission and interpretive themes of the Collection Plan that will be protected, preserved and held to the highest standards in the collection. These objects have the most restrictive level of access. Public access to these pieces is through exhibitions, programs or research by responsible scholars. Education Collection Objects that are authentic artifacts but of a common nature, easily replaced, or duplicated in the permanent collection are placed in the Education Collection. The Executive Director, through the advice of the Collections Team, may assign items that were originally placed in the Permanent Collection to the Education Collection if it is determined to be more useful, and not harmful to the Permanent Collection at the time of accession or at a later date. These pieces are inventoried and are actively and regularly used in the educational programs of the museum. They are touchable and require varying levels of supervision. Support Collection/Materials pg. 2

4 Support collections are defined as objects that are not actual artifacts, but are instead reproductions, or new examples or illustrations acquired or made by the museum to enhance museum programs. These objects are not actual artifacts and have never been part of the Permanent or Education Collections. These are pieces, which are actively and regularly used in education programs or exhibits or for promotion of the Museum and its services. These pieces may be modified to suit the purposes of the Educator/Curator. They are ultimately disposable at the discretion of the Educator/Curator or Executive Director. Temporary Custody The Museum refrains from having objects possessed in temporary custody for purposes of review, identification, or examination. Items that are in the custody of the museum must be pre-approved per the Acquisitions portion of this Policy, and in some stage of the acquisitions process. All objects coming into the custody of the Museum (via permanent acquisition) must be registered with the Collections and Data Manager within five days of their arrival. Most items held in temporary custody during acquisition will have been pre-approved by the Executive Director. On the occasion that an object is unwanted or unsolicited, it should be disposed of (1) through transmittal to a public educational institution, or (2) through a private non-profit institution, or (3) by sale, or (4) by witnessed destruction. In the case of disposal, the ownership of the items must be established per Arizona Revised Statutes and (Appendix A). V. Acquisitions Objects may be added to the collection by means of gifts, bequests, purchases, transfer, exchange, or any other events by which title to the objects passes to the 390 th Memorial Museum Foundation. Objects may be acquired for the Museum s permanent, education, or support collections. The Executive Director must pre-approve all acquisitions. The Executive Director will refer to the Collections Team if there is an item that questionably meets the Acquisitions General Criteria. Donors are instructed to provide photographs, a description of the object or collection, and/or to establish a meeting time during which the collection may be screened. Potential acquisitions are screened against the Museum s mission and against the following general criteria: Acquisitions General Criteria Primary Questions 1. Is the object related to the 390 th Bomb Group? 2. Is the object a period piece circa ? 3. Is the object B-17 related? pg. 3

5 Secondary Questions/Considerations 1. How is the object consistent with the museum s mission; the collection s goals; and scope of the collection? 2. Does the object provide information about activities or experiences that were typical, common, plentiful or popular among the WWII airmen? 3. Will the object help improve the understanding of daylight strategic bombing in the European Theater of Operations? 4. Is there duplication existing in the present collections? 5. Can proper care be given to the object? 6. What is the object s present condition? 7. Will acceptance of the object result in substantial future expense for the Museum? 8. Can costs for purchase, transportation, cataloging, restoring, storing be met? 9. Is appropriate storage space available? What is the size of the object (physical space requirements) in relation to its importance to the collections and use? 10. Has provenance been satisfactorily explored? 11. Are there restrictions or provisions regarding the object(s) use, care or display? 12. Are there questions regarding legal title? 13. Is use of the object(s) restricted by copyright, patent, trademark, or trade name, or encumbered by its nature being obscene, defamatory, potentially an invasion of privacy, considered to be a ritual object, physically hazardous, etc.? 14. Is there another institution where the object(s) might be more appropriately acquired? 15. What is the foreseeable use of the object(s)? Once approved, the donor will be provided with a Material Donations Guidelines form. The donor will also complete a Deed of Gift, which will be signed by the Executive Director and one additional witness. The Collections and Data Manager will process the Deed of Gift within five days of receipt, then complete the item inventory. The donor will receive a copy of all documents including the inventory and accession numbers. Inventories will be completed within one month of acquisition, or within reasonable time for large collections. Gifts and Bequests All gifts are accepted by the Museum based on the recommendation of the Collections Team, with final approval by the Executive Director as described in the Acquisitions section of this Policy. On the occasion that an object is left at the museum when the Executive Director is not available, the established period of temporary deposit for gift considerations is 15 days. Potential donors are to be notified of acceptance or non-acceptance within the same 15 days. Potential donors are expected to pick up unaccepted materials by the close of the 15-day temporary deposit period. Items not picked up by potential donors will be pg. 4

6 disposed of per paragraph three of the Temporary Custody portion of this document (Section IV) and Arizona Revised Statutes (Appendix A). The Collections Team is also required to review all bequests in relation to the established criteria and the interpretive themes of the collections plan. The Collections Team has the authority and the responsibility to refuse any bequest that is not within the guidelines of these criteria. The acceptance of all gifts and bequests shall be unrestricted. No commitment shall be made as to exhibition, attribution, or placement of the gift. While it is the Museum s intention to accession for long-term use and preservation, no guarantee shall be made that the gifts or bequest be retained by the Museum in perpetuity. Any exception to this policy decision will require special provisions recommended by the Collections Team to the Museum s Board of Directors. A signed statement of approval will be filed with the Collection Records. A gift agreement entitled Deed of Gift is mandatory and shall be signed by the legal owner(s), or his/her authorized agent, upon transfer of the object. A gift is not considered complete until the Deed of Gift has been received, accepted by and filed with collection records, with related documents returned to the donor. For all bequests that have been received, a copy of the will, all codicils, and letters testamentary shall be obtained and filed with the Collections Records before title will be considered to be complete. Under no circumstances will Museum staff give an appraisal of objects. Staff may suggest how to locate a list of qualified appraisers. Purchases Prior to purchase, all items under consideration for the permanent collection require review by the Collections Team, with final approval by the Executive Director. Purchases are not complete until copies of the receipt, vendor, purchase order number and other documentary evidence are filed with the Collections Records. Transfers or Exchanges Transfers or exchanges of items in the collections are subject to consideration by the Collections Team with the Executive Director s final approval. All items considered for incoming transfer or exchange are subject to the same general criteria and guidelines governing review of donations. For outgoing transfers and exchanges, see Deaccessioning. pg. 5

7 The Executive Director must provide final approval on outgoing transfers and exchanges. Accessioning and Registration of Accessions Accessioning is the formal process used to accept and record (an) object(s) into the Museum s collections. The Deed of Gift Form provides staff the basis with which to establish a control file and to monitor timely accessioning. Accession files will be completed within thirty days following the Museum s acquiring legal title to the object(s). Backlogged registration will be reported to the Executive Director on a monthly basis. Items Found in Collection will be registered according to the Procedures outlined in the Collections Management procedures. The Museum may claim legal title to these pieces based on appropriate documentation pursuant to Arizona Revised Statutes (Appendix A). VI. Deaccessioning and Disposing of Objects Objects in the permanent collections of the 390 th Memorial Museum should be retained in perpetuity if they continue to be relevant and useful to the purpose and activities of the Museum and if they can be properly stored, preserved and used. Deaccessioning of objects may be considered when these conditions no longer prevail or in the interest of improving the collections for the Museum s purposes and activities. Those objects, which have been accessioned into the Museum s permanent collection, may be reviewed for deaccessioning. Review Criteria Objects from the permanent collection considered for deaccessioning are reviewed by the Collections Team according to the following general considerations: 1. Is the object no longer relevant and useful to the purpose and activities of the Museum? 2. Is there danger of not being able to preserve the object properly? 3. Has the object deteriorated beyond usefulness? 4. Is it doubtful that the object can be used in the foreseeable future? 5. Will this deaccession provide the means for improving or strengthening the collections in order to further the goals of the Museum? 6. Is the object hazardous to the Museum, personnel, or other collections? Disposal Upon a majority approval for deaccessioning by the Collections Committee, the objects are eligible for deaccessioning and disposal. pg. 6

8 Before disposing of any objects from the permanent collection, reasonable efforts should be made to ascertain that the Museum is free to do so. Where restrictions as to use or disposition of the objects under question are found to apply, the Museum should act as follows: 1. In considering various alternatives for the disposition of deaccessioned objects, the Museum should be concerned that the manner of disposition is in the best interests of the 390 th Memorial Museum; the public it serves; the public trust it represents in owning the collections; and the scholarly or cultural communities that it represents. 2. Mandatory restrictions should be observed strictly unless a court of competent jurisdiction authorizes deviation from their terms. 3. Objects to which non-binding restriction requests from the donor apply should not be disposed of until reasonable efforts are made to comply with the restricting conditions. 4. If there is any question as to the intent or force of restrictions, the Museum will seek the advice of its legal counsel. 5. Objects from the permanent collection may be transferred to the education collection. 6. Consideration will be given to placing the objects through gift or exchange in another tax-exempt public institution, a public educational institution, or a private non-profit institution wherein they may serve the purpose for which they were acquired initially by the Museum. 7. Objects will not be given or sold privately to Museum employees, officers, board members, volunteers, or any individual. Sale Whenever it is proposed that the Museum offer for sale or exchange an object valued at more than $1000, at least one disinterested outside appraisal will be obtained. In setting up the procedure for selecting an outside appraiser, the Museum will solicit the views of knowledgeable third parties. All sales of deaccessioned materials will be carried out through an advertised public auction or other public marketplace. All proceeds from the sale of deaccessioned materials will be used to preserve the existing collection or to purchase new materials for the collection. Witnessed destruction. Destruction is defined as the obliteration of an object by physical or mechanical means. Deaccessioned items designated for destruction must in fact be destroyed; they may not be given away. Means of destruction will at all times be sensitive to issues of personnel and environmental safety and cognizant of local, state, and federal restrictions. pg. 7

9 An adequate record of the conditions and circumstances under which objects are accessioned, deaccessioned and disposed of will be made and retained as part of the Museum s collections records. All marks identifying any object with the Museum must be removed. Request for Return of Objects from Permanent Collections The permanent collections of the 390 th Memorial Museum are held in public trust and owned by the 390 th Memorial Foundation. Museum acquisition and deaccessioning practices are governed by strict policies to protect the public trust which it holds. Private sale, gift or exchange of objects held in the permanent collections to individuals is expressly prohibited. In the event that an individual or group of individuals pursues acquisition of objects from the Museum collection, all such requests by any party or their representative must be submitted in written form. The Collections Team will review these requests respectively, on a case-by-case basis. Written requests shall list the specific objects that are being requested and provide the basis for proof of ownership. If the request is based on some reason other than claim to ownership, that shall also be submitted in written form. Disposal of Education and Support Collections Both Education and Support Collections are disposable collections and as such will be destroyed when they are damaged or deemed otherwise unusable. If they are in good condition, but are deemed unusable every attempt shall be made to give them to another museum or educational institution. If after a good faith effort, donation is not possible, the item will be destroyed. VII. Care and Control of Collections The 390 th Memorial Museum Foundation strives to provide reasonable care for the objects entrusted to it. Reasonable care is understood to entail the following: 1. Responsible action toward the preservation of entrusted collections in keeping with professionally accepted standards. 2. Inventory and collections control. Records shall be maintained which document permanent locations, movements of objects from one collection to another, missing, stolen and damaged artifacts in the permanent collection. Comprehensive collections inventories will be conducted until the full collection has been inventoried; then spot inventories will be conducted annually. 3. Maintenance of accurate records pertaining to the past and present status of permanent collections shall be kept. Such records will contain at minimum a. an identifying description of the object and an assigned number or other identifying mark, pg. 8

10 b. the legal status of the object, its condition and location, c. collection records will be safeguarded from fire, water and loss and will be backed up and stored per the Museum s Record Retentions Policy. 4. Adequate provision to maintain security. The Data and Collections Manager and Library and Collections Specialist are responsible to the Executive Director for the care and control of the collection, as well as items on loan from the permanent or education collections. Any unresolved questions regarding the collections will be referred to the Executive Director. VIII. Access to the Collections In keeping with established security standards and professional best practices of the 390 th Memorial Museum, and in the interest of protecting the Museum and its staff from liability for damage or injury, the Museum s collections storage areas are closed to the general public. Tours of the Museum s physical plant will prohibit access to collection storage areas with the following exceptions: 1. Visiting museum professionals and/or historical agencies. 2. Persons associated with the 390 th Memorial Museum s daily operations, such as staff or volunteers; 3. Visiting researchers 4. Potential donors 5. Potential media coverage related to museum standards, the collection, collection storage and care The Collections Team will oversee and determine approval for all requests for admittance into the 390 th Memorial Museum s collection storage areas. Families, friends, and other people not associated with the operation of the 390 th Memorial Museum are not allowed tours of collections storage areas or access to objects, archives or other materials. Access is provided for trusted service personnel by the Collections Team. IX. Reproduction and Copyright Considerations Requests for Reproduction All requests for permission to reproduce an object/image from the permanent or education collection must be made in writing a minimum of one month in advance of the date desired. It should be noted the 390 th Memorial Museum does not hold the definitive copyright for all objects/images held in the collection. If the 390 th Memorial Museum does not hold the copyright, it is the responsibility of the user to obtain permission to publish from the owner of the copyright (the institution, the creator of the record, the author, or his/her transferees, heirs, legates, or literary executors). The user agrees to indemnify and hold harmless the 390th Memorial Museum Foundation, Inc., its officers, employees, and agents from and against all claims made by any person asserting that he or she is an owner of copyright. pg. 9

11 Requests for permission to reproduce an object/image from the museum must include the name, address and telephone number of the requestor as well as the intended use of the reproduction. (If requesting to reproduce an image for publication, the title of the publication, the publisher, and expected date of publication must be included and the publisher is to provide the 390 th Memorial Museum with three complete, gratis copies of the publication in which the image is reproduced.) FULL documentation credit, COURTESY OF THE 390 TH MEMORIAL MUSEUM, must appear on the object/image or in immediate proximity to the object/image. The 390 th Memorial Museum reserves the right for final approval of all credit lines. If so requested, a proof must be approved by the Executive Director before permission to reproduce is granted. The 390 th Memorial Museum reserves the right to deny permission to reproduce any object/image from its collection to any applicant whose product is not acceptable to the Museum for any reason. Permission is granted for one-time use (including permission to publish). Permission is valid only for the individual, company, or institution to whom it is specifically issued and may not be transferred, assigned, sold, or otherwise disposed of without written permission of the 390 th Memorial Museum. In the case where copyright is held by a third party, written permission must be secured by the applicant from that party or their agent, and must accompany the application. Failure to pay any required fees for reproduction means that permission has not been granted. Copyright Considerations The 390 th Memorial Museum may obtain ownership or control of copyright of the following matters: 1. As the author of a work made for hire, either of work performed by an employee within the scope of employment or work commissioned from another under certain circumstances; 2. By the transfer of copyright through assignment; and 3. By the transfer of copyright through licensing. When the Museum acquires an object that appears to be protected by copyright, it is important to establish, if possible, who holds copyright and to clarify whether any of the existing copyright interests pass to the Museum with the object. Lack of interests should be noted on the accession records along with any information on the actual copyright holder. If copyright interests exist and the Museum wishes to obtain them, or the right to exercise some or all, this must be negotiated with the copyright holder and expressly noted on the Deed of Gift and all related forms. pg. 10

12 X. Staff & Volunteer Policies Related to Personal Collections and Collecting Personal Collections Museum staff and volunteers may not bring personal collections into the Museum for storage or for exhibit unless pre-approved by the Collections Team. Personal collections must be in the Museum for stated purposes, i.e. accessioning or on loan. All such collections are to be considered by the Collections Team, and then processed by the Data and Collections Manager in accordance with the Loans (Section XI) or Acquisitions (Section V) sections of this policy. Appraisals Under no circumstances will Museum staff give an appraisal of objects. Staff may suggest how to locate a list of qualified appraisers. XI. Loans On occasion, loans may be made to and from other museums, historical groups, or agencies and educational institutions as well as from individuals in the interest of fulfilling the mission of the 390 th Memorial Museum All loans will follow established procedure. All objects entering or leaving the Museum, regardless of purpose will have their movement documented on appropriate Museum forms that clearly detail the loan contract. Outgoing Loans Generally, the 390 th Memorial Museum does not loan its collections. Should the occasion arise, the Collections Team review and recommendation, with final approval by the Executive Director, is required. This includes the following: 1. Loans for any exhibit. 2. Loans encumbered by restrictions or of delicate condition. 3. Loans made for the purpose of product development. All loans will be for specified periods of time (preferably one year, or less). After one year the loan may be renewed. Loans will be monitored according to established procedures. The Collections Team will give consideration for special loan periods on a case-by-case basis. All outgoing loans must be reviewed for recommendation by the Collections Team, with final decision by the Executive Director. Incoming Loans pg. 11

13 Incoming loans will be taken on a case-by-case basis, with a specific exhibit or program use in mind. Procedures for receiving incoming loans will follow the same general guidelines as accessioning. Items considered for incoming loan must be accompanied with a current appraisal, and insurance as appropriate. Documentation of Loans The Collections Team will utilize standard forms and follow established procedures in all exchanges of objects. Documentation will be recorded with and monitored by the Collections and Data Manager. Education and Support Materials Loans Loans of educational and support materials are subject to the policy as outlined above. Standard Loan Forms that are marked either Education or Support are to be used and maintained by the Collections and Data Manager. Loans Involving the Personal Collection of Staff or Volunteers Any loans that involve the collections of staff will follow standard policies and procedures of the museum regarding documentation, value, condition, renewal or potential hazard. XII. Insurance and Risk Management The 390 th Memorial Museum collections are insured while on the Museum premises or in transit to and from borrowing institutions. Outgoing Loans As part of the requirement for a loan, borrowing institutions must maintain insurance on 390 th Memorial Museum artifacts at the value specified on the loan form. Incoming Loans The 390 th Memorial Museum will insure incoming loans unless the lender waives the requirement. Upon approval of the loan by the Executive Director, a certificate of insurance may be required from the borrowing institution. If so, the Executive Director of the 390 th Memorial Museum shall file a letter of subrogation from the lender s insurance company with the 390 th Memorial Museum s insuring agent. The Collections and Data Manager shall provide the Museum Executive Director with a list of loaned exhibits and/or artifacts or support collection objects and their values within a week of their arrival into the Museum, except for exhibits for which detailed lists are required prior to approval of any loan, allowing for consideration of risks related to security and adequate insurance coverage. These lists shall also be placed on file with office of the insuring agent of the 390 th Memorial Museum. pg. 12

14 Reporting Loss In the interest of good risk management, the 390 th Memorial staff and/or volunteers must report all damage or loss of any object to the Executive Director as soon as discovered. The Executive Director will explore the loss with the Collections Team. The Collections Data Manager will maintain related records and provide appropriate information to the county police, the Board of Directors, and/or the insuring agent as applicable. The Collections and Data Manager will maintain copies of all records directly relating to the condition and disposal of damaged objects as well as those related to the investigation, procedures, and findings gathered on missing/stolen objects. The 390 th Memorial Museum and its staff abide by all U.S. and international laws and regulations concerning the transfer of ownership and transportation of objects across political boundaries. The Museum will not accept an object that is illegally imported into or illegally collected in the U.S. However, the Museum may accept objects that have been confiscated and offered to the Museum by government authorities. XIII. Review and Revisions to this Policy Review The 390 th Memorial Museum Collections Team and Board of Directors will review the Policies of the 390 th Memorial Museum periodically to ensure that its requirements meet or exceed accepted professional museum practices and standards, and that the Museum s policies accurately reflect the purpose, mission, and goals of the 390 th Memorial Museum. Procedure for Change During the review, any individual may recommend policy changes to the Collections Team. The 390 th Memorial Museum encourages recommendations that will help keep the policy practical and workable. Recommendations should be submitted in writing to the Collections Team and should explain the rationale for and the beneficial results of the change. Upon approval of recommendations for policy changes by the Collections Team, the Museum s Executive Director will then offer its recommendation to the Board of Directors. Approved recommendations will be incorporated into the policy; disapprovals will be returned to the originator with explanation. The Executive Director will maintain a master copy of the policy. pg. 13

15 Requirement to Know and Understand Acceptance of these standards and the 390 th Memorial Museum Code of Ethics Statement is a requirement for employment or appointment as a staff member of the 390 th Memorial Museum. All employees are required to know, understand, and adhere to these standards. Prospective employees are to read these standards in advance of acceptance of a position/appointment and understand that acceptance is a condition of employment. XIV. Appendix A The Arizona abandoned property law pertaining to museums is found under Title 44, Trade and Commerce, Chapter 3.1. This may be viewed in its entirety at the following link: Specific Articles, as mentioned within this policy, may be viewed at the following links: Definitions Acquiring title to loaned property Acquiring title to undocumented property Reclamation of property Museum obligations to the lender Lender obligations to the museum pg. 14