1 Policies and Procedures GENERAL ART COLLECTION POLICY TABLE OF CONTENTS 1. Purpose and Principles 2. Care and Conservation 3. Acquisitions 4. Deaccessioning AUTHORITY: RESPONSIBILITY: EFFECTIVE DATE: Board of Governors Vice-President (Academic) & Provost Vice-President (Finance & Admin.) May 19, 2011
2 University of Lethbridge: Art Collection Policy Page 2 of 13 SECTION 1. PURPOSE AND PRINCIPLES 1.1 Preamble The University of Lethbridge Art Collection is one of the most significant art collections in Canada. Numbering over 14,000 objects, the holdings include work from across Canada, the United States, and several countries outside North America; they span the 19 th and 20 th centuries and continue to grow with 21 st century additions. The major strength is the diversity of the collection with a full spectrum of media, artistic movements, and genres. Held in public trust, the University Art Collection exists for the benefit of the entire campus community and the general public both in the present and for the future. The growth and management of the Art Collection is directed by the University s mission and thus there is a particular emphasis on working with the collection to support teaching and research. All objects in the Art Collection are the responsibility of the Art Gallery under the management of Art Gallery staff as approved by the Director/Curator. All decisions on exhibition and loan or other temporary, long-term or permanent display of art work from the Art Collection, whether inside buildings or outdoors, as well as reproduction or any other use of the art work must be approved by the Director/Curator of the Art Gallery and meet professional standards for care, reproduction and display of the work. The University of Lethbridge Art Collection encompasses art works of all forms, including but not limited to paintings, drawings, prints, photographs, sculpture, installations, ephemeral and conceptual works, and digital and electronic works. A work of art may be a single item or an integral unit made up of components. Art works may also be part of the fabric of buildings, such as stained glass in windows, or displayed outdoors. The grounds of the University of Lethbridge have been dedicated as the Papokan Sculpture Park and any art work included as part of Papokan must have been formally acquired into the Art Collection and thus these art works are also the responsibility of the Art Gallery and subject to all of the standards and procedures applicable to objects in the Art Collection. Any new acquisitions to Papokan must be in accordance with the policy outlined in commissioning an art work (section 3.4). 1.2 Purpose of the Art Collection Policy
3 University of Lethbridge: Art Collection Policy Page 3 of 13 The Art Collection policy establishes the procedures for: the process and rationale for acquiring art works; the storage, conservation and other aspects of the care of art works; the maintenance of record-keeping for all art works; the process and rationale for deaccessioning of art works; the lending of art works to, or borrowing art works from, other museums, institutions, or private sources; the display or permanent installation of art works from the art collection; and the identification of other relevant policies related to the art collection. 1.3 Principles of the Art Collection Policy The policies and procedures in the art collection policy have been established to ensure that: the highest professional standards for the care of the art works are met and maintained; the future growth of the art collection is based on maintaining the diversity of the holdings, building on existing strengths, and adding new works that have appropriate artistic merit; the art collection supports the mandate of the University and its Strategic Plan, as directed by the mission and mandate of the University Art Gallery; and the art collection supports local, provincial, national and international access through research and study, exhibition, publication, and loan of art works to other public museums. SECTION 2. CARE & CONSERVATION OF ART WORKS IN THE COLLECTION Works of art accepted into the University Art Collection must be handled and maintained according to professional standards at all times. These works are the responsibility of the Director/Curator and the Art Gallery staff. Works of art on loan to the Art Gallery will be subject to the same care and conservation standards as works of art in the University Collection. 2.1 Balancing Care and Access
4 University of Lethbridge: Art Collection Policy Page 4 of It is a difficult and complex process to balance providing access to works of art in a public collection while maintaining the care and preservation of those objects. It is important to provide access to works of art, but this access must be reasonable in terms of generational equity: art works held in public trust should be available for future generations to study and enjoy and not just for the present generation. Providing access can put strain on the art work and put it at risk which could mean that the work of art deteriorates, is damaged, or stolen and thus not available for access by future generations. The safety of a work of art will take priority over access when it is not reasonable within the resources and facilities of the University to provide access Access to the information about a work of art can be as valuable as access to the actual object. Within the reasonable use of resources and compliance with copyright and other regulations, the Art Gallery will provide access to images of, and public information about, works of art in the University s Collection. 2.2 Standards of Care Professional storage and exhibition facilities for works of art in the University Collection will be maintained at all times. These facilities will meet professional museum standards for: environmental control; protection against flood, pests, theft, and vandalism; and methods and conditions for the storage of art work The Director/Curator, the Vice-President Academic and the Vice- President Finance & Administration will approve that professional museum standards for storage and exhibition facilities are being met. Procedures related to human safety, fire, and other emergencies will follow the University s relevant policies It is the responsibility of the Director/Curator to ensure that professional standards are met for all aspects of the handling, transport and display of art works. These practices will meet professional standards for the methods and conditions for: displaying and providing study access to art works; installing and de-installing exhibitions; exhibition lighting; framing or display in cases; and transporting art work on or off campus.
5 University of Lethbridge: Art Collection Policy Page 5 of Only the Director/Curator and the Art Gallery staff are permitted to handle works of art in the University Collection or to approve others to handle these objects. All permanent members of the Art Gallery staff will have the appropriate level of training for handling works of art and any temporary employees involved with handling art will be trained by the Art Gallery staff to the appropriate level for the safe handling of these objects An on-going examination of the Art Collection will identify, document and report on works of art that require conservation attendance and identify priority cases The Director/Curator is responsible for initiating any conservation action on a work of art. Such work will not be undertaken without consultation with a member of the Art Gallery staff or a consultant with the appropriate expertise and such work will only be carried out by a Conservator or person with appropriate training and expertise. 2.3 Records 2.4 Loans The information associated with a work of art is an integral part of an art work. The Art Gallery will maintain a comprehensive system of records that includes but is not limited to the following: documentation pertaining to the provenance and legal title of an art work; all correspondence, documents, and other materials pertaining to an accessioned object; accessioning and cataloguing data; photographic documentation; condition and conservation history; current location and loan records; and deaccessioning information Working with the University s Risk & Safety Services department, the Art Gallery will maintain insurance records for the Art Collection Works of art loaned to or from the Art Gallery are the responsibility of the Director/Curator. Such loans will be made and arranged following professional standards and using loan agreements signed by the Director/Curator as either the lender or borrower. The loan agreements will include that all aspects of care and facilities meet professional standards and that there is a clear agreement about insurance coverage.
6 University of Lethbridge: Art Collection Policy Page 6 of Loans of works of art will only be made to public institutions that can insure that professional standards of care will be met. No loans of works of art will be made to private individuals The Art Gallery staff will ensure that all works selected for loan are in sound condition, fully documented, and capable of the required transport. SECTION 3. ACQUISITIONS 3.1 Criteria for acceptance into the University Art Collection The acceptance of an art work will be based on the following criteria: i. artistic merit; ii. relevance to the collection, present and future, and to the University of Lethbridge Art Gallery s mission; iii. condition; iv. adequate resources for the maintenance, conservation, storage, access for research and display of the art work; and v. unencumbered and clear legal title Insofar as possible, the art work will be accompanied by a sufficient record of provenance and will have been authenticated. The University of Lethbridge must be reasonably assured that any art work acquired, whether by donation, exchange or purchase, is not stolen or otherwise illegally acquired nor that the art work has been collected under circumstances considered to be exploitative, unethical or otherwise incompatible with professional standards. The acquisition of cultural property which has been in foreign countries will comply with the Cultural Property Export and Import Act, which incorporates the principles and provisions of the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (1970) into Canadian law. 3.2 Gifts and Bequests All donations of art work must be free and clear of conditions and restrictions imposed by the donor regarding the University of Lethbridge s use of the art work. All donations to the University of Lethbridge s Art Collection are irrevocable upon the formal transfer of title to the University determined by the date of countersigning the deed of gift. The standard practice will be that the donor pays for shipping and appraisal of the art work and that the Art Gallery staff makes the arrangements for shipping and appraisal. Where possible, the copyright for not-for-profit use will be granted as part of the donation, exchange or purchase. Extended loans of works of art will only be considered in exceptional circumstances and on a case-by-case basis.
7 University of Lethbridge: Art Collection Policy Page 7 of Purchases Only art work of outstanding artistic merit and significant relevance to the Art Collection will be purchased. All purchases of art work will be initiated and approved by the Director/Curator prior to being brought to the Art Acquisitions Committee for approval. There must be sufficient funds and resources to support all costs related to the purchase. 3.4 Commissions Commissions of art works must be approved by the Director/Curator and passed by the Art Acquisitions Committee prior to the commission being granted For public art works or other forms of major commissions, the Vice- President Academic and the Vice-President Finance & Administration will jointly appoint a specially-formed Public Art Commissioning Committee which will be co-chaired by the Vice-President Academic and the Vice- President Finance & Administration and include the Director/Curator of the Art Gallery, a member of the Art Acquisition Committee, and other members to be determined by the Vice-President Academic, the Vice- President Finance & Administration and the Director/Curator of the Art Gallery. The specially-formed committee will create and approve the terms and conditions of the commission and make the selection of a short-list, if necessary, and of the final art work. Professional standards for commissioning an art work shall be followed. Proposals selected for the short-list and the final art work must meet all criteria for purchase and acceptance into the University Art Collection and the proposal selected by the committee must be approved by the Acquisitions Committee prior to the commission being granted. 3.5 Public art Art works intended for permanent or long-term situation outside of normal gallery display, particularly those intended for outdoor locations, entail considerations of location, installation, safety and on-going maintenance beyond the matters described above. In addition to the criteria applicable to all objects in the University Art Collection, the acquisition, management and care of public art will include the approval from the Vice-President Academic, the Vice- President Finance & Administration and the heads of relevant university units such as, but not limited to, Facilities, Risk & Safety Services and Security. 3.6 Art Acquisitions Committee Terms of Reference Purpose
8 University of Lethbridge: Art Collection Policy Page 8 of Membership The Art Acquisitions Committee is a standing committee and the sole recommending body with respect to the acquisition and deaccessioning of art for the University. The committee s decisions should not be based on aesthetic or subjective evaluation of the art works but on the criteria for acceptance outlined under section 3.1, and the committee shall recognize the professional expertise of the Director/Curator of the Art Gallery and the Art Gallery staff The primary responsibility of the committee will be to consider art works proposed for acquisition to the University s Art Collection by the Director/Curator of the Art Gallery. The committee s decision to approve or reject a proposal will be based on the exercise of due diligence in ensuring that the criteria and procedures for acquisition are being followed The committee will also have the occasional responsibility to consider proposals by the Director/Curator of the Art Gallery to deaccession art works. The committee s decision to approve or reject a proposal will be based on the exercise of due diligence in ensuring that the criteria and procedures for deaccessioning are being followed Appointment to the Art Acquisitions Committee will be made by the Vice- President Academic on the recommendation of the Director/Curator of the Art Gallery Other than members by position, individuals must have demonstrated a commitment to the visual arts to be considered for the committee. The term of office shall normally be two years, renewable for up to two additional terms. The tenure of membership will overlap to ensure continuity The composition of the Art Acquisitions Committee will be: Voting by position: Vice-President Academic or designated senior administrator (Chair of the committee) Chair of the Art Gallery Advisory Committee (Vice-President Advancement) Vice-President Finance & Administration or designate
9 University of Lethbridge: Art Collection Policy Page 9 of 13 For a limited term: Two University of Lethbridge faculty members one of whom shall be from within the Faculty of Fine Arts Art Department and one from outside the Faculty of Fine Arts Art Department. Two members of the community who are not employed at the University. Non-voting: Director/Curator of the Art Gallery Administrative Manager of the Art Gallery (secretary to the committee) The committee s quorum is four voting members present Procedure Meetings will be held as necessary and will be called by the Director/Curator of the Art Gallery in consultation with the Chair. Normally the Director/Curator will arrange for two meetings per year The Director/Curator is responsible for the search, identification, and recommendation of works of art for acquisition. The Director/Curator and the Administrative Manager of the Art Gallery will prepare an agenda listing the works of art for consideration by the Art Acquisition Committee, plus any relevant information and images of the works if possible. This will be circulated prior to the meeting. At the meeting, the Director/Curator will outline the rationale for accepting or rejecting each proposal, addressing all of the criteria outlined in 3.1 and where relevant Decisions to accept or reject each proposal are based on a majority vote Conflict of Interest In addition to compliance with the University s Conflict of Interest and/or Commitment policy, members of the Art Acquisitions Committee will also comply with practices specific to issues related to art work and art museum practices. No member of the Art Acquisitions Committee will have interests that are in conflict with the Art Gallery. No work of art created by a committee member or his/her immediate family may be acquired, whether by purchase or donation, by the University while that member is serving on the committee. No member of the committee may sell a work of art to the University while serving on the committee.
10 University of Lethbridge: Art Collection Policy Page 10 of 13 Any committee member wishing to donate a work of art that they own but have not created, or who may have direct or indirect pecuniary or professional interest in such work, must disclose this information to the Director/Curator and the Chair of the committee prior to any discussion of the donation of the art work. If the proposal is presented to the committee for consideration, that member must absent him/herself from the meeting during discussion of the art work and refrain from voting, or trying to influence the voting, on the acceptance or rejection of the art work. The Director/Curator and the Art Gallery staff shall not deal in works of art for personal profit, gain or other advantage. 4. DEACCESSIONING It shall be assumed that deaccessioning is not a regular practice, that it will be conducted on a case-by-case basis and that deaccessioning requires rigorous examination because such an act is irrevocable. 4.1 Definitions This policy purposely separates deaccessioning, which is a curatorial and committee decision, from disposal, which is an administrative function. Disposal is only a means that follows deaccessioning. Deaccessioning is the formal alienation of a work of art from the University s Art Collection. As used in this policy, deaccession means that the appropriate authorities of the University, including the Director/Curator of the Art Gallery and the Art Acquisitions Committee, have concluded that a work of art may be removed from the collection and be further considered for disposal by sale, exchange, or destruction. Before proceeding to the deaccessioning of a work of art, the University may consider the alternative of offering the work on extended loan to a sister institution. A work of art may be removed from the Art Collection when: the work has deteriorated beyond usefulness, is no longer considered authentic, has no relevant place or useful purpose within the collecting, exhibiting, and research programs of the University, does not add significantly to the University s holdings and could be disposed of in order to acquire another work that would add more depth and scope to the collection, or is a duplicate, as in the case of prints or multiples. It may also be that the University is no longer able to care adequately for the work or may decide to deaccession a work of art for the purpose of repatriation, when it can be proven that other bodies or governments have a better right to the work.
11 University of Lethbridge: Art Collection Policy Page 11 of Ethics and Standards of Deaccessioning Every proposal for deaccessioning should be approached with caution. Prior to deaccessioning, the work of art should be researched thoroughly, documented, and photographed, and the process of deaccessioning thoroughly documented. The records will be maintained by the University on a permanent basis Prior to deaccessioning through sale, trade/exchange, or gift, the fairmarket value of the work of art should be determined by an independent appraisal: for works valued under $20,000, one independent appraisal is required; for works valued $20,000 and higher, two independent appraisals are required In the case of an art work by a living Canadian artist, the Director/Curator will contact the artist prior to making any recommendations The deaccessioning of a work of art must adhere to the applicable provincial and federal laws and to international agreements and treaties Where conditions attached to an acquisition restrict deaccessioning, the University will make every effort to comply with these restrictions. When considering the deaccessioning of a donated work of art, the University will first ascertain that no mandatory restrictions are attached to the gift. Even if the gift is free of restrictions, the University will make every reasonable effort to advise donors or their immediate family or any other appropriate interested parties as a gesture of courtesy. 4.3 Implementation Steps for Deaccessioning A proposal for deaccessioning must be originated by the Director/Curator of the Art Gallery and ensure the following steps are taken: a) the Art Gallery staff ascertain that there are no legal or time restrictions against disposal of the work and that the disposal will not contravene Cultural Property regulations or other legislation. Where there are no legal restrictions to deaccessioning, the University will consult with the donor or, if the donor is not living, with the donor s heirs or legal representatives.
12 University of Lethbridge: Art Collection Policy Page 12 of 13 b) the recommendation for deaccessioning is presented by the Director/Curator to the Art Acquisitions Committee with a full justification to support the deaccessioning and a declaration of the intention for disposal. c) a complete record of the justification for deaccessioning must be recorded in the minutes and the Art Gallery will maintain all records pertaining to the deaccessioned art work In cases when an art work has accidentally been destroyed or permanently lost, the art work will be deaccessioned from the University s Art Collection. Any funds derived from this loss, such as payment from insurance, will be credited to the Art Gallery for purchase of an art work/works or for use for conservation of art in the collection. 4.4 Disposal of Works of Art The Director/Curator and the Art Gallery staff will recommend the means of disposal Means of disposal of a work of art may include: a) donation to or exchange with another public institution, b) sale, c) intentional destruction, or d) repatriation When an art work has been disposed of, the Director/Curator will ensure that the relevant documents are sent to Financial Services to ensure the disposal is recorded in the financial records of the University. 4.5 Ethics and Standards for Disposal In circumstances other than accidental destruction or loss, the manner of disposal should be in the best interest of the University, the community it serves, and the public trust placed in it With works of art in suitable condition, every effort should be made to ensure that the work of art remains in the public domain. As a result, sale at fair market value to or exchange with another public institution that can provide the highest degree of care for and make the most appropriate use of the work will be the first course of action pursued. The University will do its utmost to ensure that a deaccessioned work of art which is significant to Canadian cultural heritage is retained in Canada.
13 University of Lethbridge: Art Collection Policy Page 13 of If disposal is by outright sale, sale by public auction is preferable. All proceeds realized from disposal will be credited to the Art Gallery for purchase of an art work/works or use for conservation of art in the collection; funds will not be used for administration. If the funds for an acquisition come from the disposal of a donation, and if it is appropriate, the name of the donor should be attached to the works so acquired Art works can be intentionally destroyed if they are determined to: a) be inauthentic, such as forgeries or reproductions, and of no archival or documentary value; or b) substantially lack physical integrity to the point that they cannot reasonably be preserved At no time should a University employee, member of the Board of Governors, or anyone connected with the University in any formal way, including membership on a committee or under contract, be permitted to acquire a deaccessioned work directly from the University Where disposal involves the transfer of ownership, appropriate legal documents will be obtained.
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