Introduction to the legal and professional management of cultural property in museums, presented at the UK Registrars Group event in Birmingham, May 2014

1. Risk, Resilience & Accountability:
The Challenge of Managing
Cultural Collections
UK Registrars Group
May 2014

2. These slides are freely available...
www.slideshare.net/collectionstrust

3. www.culturalpropertyadvice.gov.uk

4. Introducing Collections Trust
• Team of 12 based at the Natural History Museum in London
• Promoting the education of the public by supporting museum
development since 1977
• We develop, promote, maintain and improve standards of collections and
information management in museums
• We provide services and resources which help museums improve the
resilience and use of their collections

5. Forthcoming programmes
• Our main programmes for 2014-15 are:
– Risk, Resilience & Rationalisation
– Cultural Property management
– Digital Asset Management for Museums
– Going Digital (back-to-basics IT)
– Collections standards & best practice
– Participation & diversity in collections

6. The relationship between legal
responsibilities & professional practice

8. INSTITUTIONAL
PROFESSIONAL
LEGAL

9. The management of risk, resilience and
public accountability are a product of legal
compliance, professional practice and good
museum management.

10. AMOUNT OF
TROUBLE YOU’LL
BE IN IF SOMEONE
SCREWS UP

11. The problem is, it isn’t possible for everyone
to be (a) a lawyer and (b) on top of their
game every day...

12. REFLECT & PROMOTE LEGAL &
ETHICAL COMPLIANCE

13. PROVIDE GUIDELINES AND
TOOLS TO ENSURE THAT THE
DAILY WORK IS AS COMPLIANT
AS REALISTICALLY POSSIBLE

14. The aim isn’t to exclude all risk, but to create
as professional & accountable a culture as
possible and to take balanced decisions
about risk as you go along

15. What is risk?
• “Risk – combination of threat and likelihood of
it occurring. Risk is the potential for a chosen
action or activity (including the choice of
inaction) to lead to a loss.”
- Museums Accreditation Standard, Arts Council England 2013

16. Controlling risk
PEOPLE
COLLECTIONS
BUILDINGS
INFORMATION
SECURITY
ENVIRONMENTAL
MANAGEMENT
DOCUMENTATIONHOUSEKEEPING
FINANCE
BUSINESS
CONTINUITY
ORGANISATIONAL
CULTURE
PEST
MANAGEMENT
COLLECTIONS CARE CONSERVATION
HR/PERSONNEL IT/SYSTEMS

17. Controlling risk
PEOPLE
COLLECTIONS
BUILDINGS
INFORMATION
SECURITY
ENVIRONMENTAL
MANAGEMENT
DOCUMENTATIONHOUSEKEEPING
FINANCE
BUSINESS
CONTINUITY
ORGANISATIONAL
CULTURE
PEST
MANAGEMENT
COLLECTIONS CARE CONSERVATION
HR/PERSONNEL IT/SYSTEMS

18. So what are the specific risks attendant on
managing cultural property and how can
they be dealt with?

19. Cultural Property is defined* as “immovables and
movables, including monuments of architecture, art
or history, archaeological sites, works of art, books,
manuscripts and other objects of artistic, historical
or archaeological interest, as well as scientific
collections of all kinds, regardless of their origin or
ownership”
So, everything, basically...
*1954 Hague Convention on Cultural Property

20. Key Cultural Property challenges
• Illicit trade
• Restitution & repatriation
• Dealing with Human Remains
• Looted Art 1933-45 (spoliation)
• Media & public relations

21. Legal requirements
• Dealing in Cultural Objects (Offences) Act 2003
• 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Im
• 1954 Hague Convention Protection of Cultural Property in the Event of Armed Con
• National Export Regulations (change all the time!)
• Holocaust (Return of Cultural Objects) Act 2009
• When in doubt, call the Arts Council England Acquisitions, Exports, Loans &
Collections Unit or DCMS!

22. Combating illicit trade
• Trade in objects illicitly removed from archaeological sites or monuments
• Traffic in objects stolen from their rightful owners
• Illegal export of an object by its rightful owner
Legal:
Dealing in Cultural Property (Offences) Act 2005
Professional:
Included in both the MA Code of Ethics & the SPECTRUM standard
Institutional
Due Diligence policies covering Acquisitions & Loans
eg. V&A Due Diligence Policy for Works of Art & Cultural Property for Loan

23. Restitution & repatriation
• Repatriation is the return of cultural objects to a nation or state at the
request of a government
• Restitution is the return of cultural objects to an individual or a community
Legal:
No firm legal basis for dealing with requests for return
Professional:
Excellent guidance under the MA Code of Ethics [Articles 5.0 – 5.23] and
Policy Statement on Repatriation of Cultural Property
Institutional
Have an appropriate process in place for handling requests and make sure staff
know where to direct enquiries.

24. Human Remains
• Trade in objects illicitly removed from archaeological sites or monuments
• Traffic in objects stolen from their rightful owners
• Illegal export of an object by its rightful owner
Legal:
Human Tissue Act 2004 and Human Tissue (Scotland) Act 2006
Professional:
Guidance on the responsible management of Human Remains from DCMS
Institutional
Institutional on the care, storage & display of Human Remains in collections
eg. Wellcome Collection Policy on the Care of Human Remains

25. Looted Art 1933-45
• Cultural objects and works of art were systematically looted by the Nazis and
others during the Second World War and the Holocaust Era from 1933-1945;
an activity which is often described as spoliation.
Legal:
‘Public collections’ are legally required to undertake research into objects of
unknown provenance between 1933-45 & make this information available
Holocaust (Return of Cultural Objects) Act 2009
Professional:
Cultural Property Advice guidance on researching validity & managing risk
Institutional
If you believe there are at-risk items in your collection, contact the DCMS
Spoliation Advisory Panel

26. Looted Art 1933-45
• Sir Nicholas Serota has called on NMDC member museums to review and
update their spoliation research at www.culturalpropertyadvice.gov.uk
• The Cornelius Gurlitt case has stirred up public & media interest in issues of
spoliation
• Return of Matisse Woman in a Blue Dress in front of a Fireplace (est. $20m)
from the Henie Orstad Art Centre, Norway to the family of Paul Rosenberg
• Spoliation Advisory Panel has published a report supporting the case for
return of John Constable’s Beaching a Boat, Brighton from tate
• V&A and the Ashmolean currently in discussion with the Panel concerning
spoliation claims – both have reacted quickly & made public statements,
reducing the risk of misinformation

27. Holocaust (Cultural Objects) Act 2009
• Applies to 14 National Museums, the British Library and Kew Gardens
• Defines the role of the Spoliation Advisory Committee & the powers of the
Secretary of State (& their equivalent in the Scottish Government)
• Expires in 2019

28. NMDC Statement of Principles
• Statement of Principles & Proposed Actions published in 1998
• Recognises and condemns the looting of art by the Nazis
• Endorses the principles set out in the MA Code of Ethics
• Defines three types of spoliation research: responsive, ongoing & on
acquisition or offer
• Requires the identification of a named person responsible
• Requires that all items of unknown/uncertain provenance are publicised
• Recommends processes for dealing with enquiries and claims

29. Our approach to these risks has to be
proportionate – a culture of good
governance, transparency, due diligence,
collections management and professional
competence (documentation!) will avoid
problems before they arise.

30. Links & Resources
• www.culturalpropertyadvice.gov.uk
• www.collectionslink.org.uk
• http://www.museumsassociation.org/ethics
• http://www.dcms.gov.uk
• Arts Council England Cultural Property Unit
• This presentation on Slideshare – www.slideshare.net/collectionstrust

31. Keep in touch!
OpenCulture 2014 conference, 25th
& 26th
June, Kia Oval, London
www.collectionslink.org.uk/openculture2014
nick@collectionstrust.org.uk
Follow us on twitter: @NickPoole1 and @CollectionTrust
Thank you!