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Copyright Law

: The Art Law Blog

Debating Deaccessioning II

By Intellectual Property Law, Esq.

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I have a piece in the summer issue of The Art Newspaper on deaccessioning. It should all sound pretty familiar to regular readers of the blog, but it was nice to have the opportunity to lay out some of the arguments in a more sustained way and for a different audience. (Quick, somebody get Assemblyman Brodsky a subscription!) An excerpt:

"In fact, however, the best of the LACMA works were bought by a London dealer, and all 18 Orange County works went to a single unnamed private collector. Similarly, most of the Montclair works are ending up in private hands, no longer part of the 'public trust.' Nevertheless, the AAMD ultimately blessed each of these transactions on the simple grounds that the resulting proceeds will be used for acquisitions (someday). From the AAMD?s perspective, it?s perfectly fine for a museum to raid its collection and sell work, just so long as the proceeds are put into an account labeled 'acquisitions'?even if the particular acquisitions have yet to be identified, and even if it just so happens, by happy coincidence, that having the money sit in that account helps satisfy the museum?s bond covenants. But selling the same work, for other valuable museum purposes (improving education, upgrading facilities, staying open more hours, reducing admission fees, saving jobs, etc), is never, ever, under any circumstances okay. Unless you define the public interest as 'keeping ever more art in storage at more museums' it?s hard to see how the public benefits from this state of affairs."

Full post as published by The Art Law Blog on June 24, 2009 (boomark / email).

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