This question was sent to us by a member and was inspired by the Cape Breton University Art Gallery’s (Sydney, N.S.) announcement last January that it was considering selling its Picasso sketchbook.
A:1
Yes, but in terms of current professional practice, the key consideration is how the deaccessioning revenue will be used. Current ethical standards require that all deaccessioning proceeds be used to purchase objects for the collection, to establish or contribute to an acquisitions endowment fund, or to establish a collections endowment fund to generate income with which to care for the collection. Although building a collections endowment fund with deaccessioning proceeds is uncommon, the Glenbow Museum successfully pioneered this approach in the mid-1990s. In summary, the current museum norm prohibits the use of deaccessioning revenue for operating expenses of any kind. It is interesting to note that selling parts of a collection to cover museum operating costs would be illegal under a bill introduced in the New York State Legislature on March 24, 2009. This bill, drafted in collaboration with the Museum Association of New York, would prohibit museums from using proceeds from the sale of artworks "for traditional and customary operating expenses."
There are ethical considerations that go beyond money, however, as any collection must be periodically reviewed and reshaped to better serve the museum’s purpose. This necessity makes deaccessioning the foundation of responsible collections management, and the meaning and value of deaccessioning require renewed consideration in light of the growing economic challenges confronting museums.
It must be noted that the vast majority of museum collections continue to grow with virtually no self-imposed limits, while simultaneously deteriorating. It is self-evident that museums must either be given the right to treat objects as their own (meaning control over their disposal), or be given appropriate public support to maintain them. Resolving this corrosive contradiction will require a frank and open conversation among the public, governments and museums themselves and, so far, there is nary a glimmer of interest in the museum community in initiating such a discussion. Circumstances may eventually dictate the use of deaccessioning proceeds for operating purposes, however, as museums address the question of what constitutes long-term sustainability.
Museums, with few exceptions, remain passive supplicants to donors who are not required to provide the means to maintain the donations they make (despite the tax advantages), as well as to governments who invoke the obligations of fiduciary responsibility and consistently fail to provide the funding to do so. Just as surely as there are limits to economic growth, the alarming growth of museum collections is no longer tenable. Where are museums to put all of these collections? Who is to pay for their care and maintenance?
Editor-in-Chief of Museum Management and Curatorship
A:2
My answer is based on this question: how will the transaction benefit the Canadian public?
Yes, there are circumstances, albeit rare, where selling an institution's collection for revenue generating purposes may be ethical. We have to remind ourselves that the care of collections that may not longer "fit" the institution's mandate (or are duplicates of items in the museum collection) do come with a cost often associated but not limited to storage and preventive conservation. Buying/selling transactions between two public institutions are – at the onset at least – less problematic than those going from the public to the private realm, so I shall only refer to these kinds of transactions in this brief comment.
There is no generic answer as each case must be carefully examined and several aspects must be taken into consideration: relationship with existing and prospective donors, being a key issue. Museums are dynamic institutions, acquisition and deaccessioning policies are working documents that should guide museums when they consider selling a portion of their collection. It may appear counter-intuitive, but deaccessioning items of a museum collection and selling them may be beneficial for the institutions and the public for multiple reasons: a better "mandate match" for the institution acquiring the collection may result in an increase in research, publications and exhibitions; the financial gain from the selling institution should ultimately increase or sustain collections and services.
These benefits must be clearly outlined, fronted by an expert third party and shared with the public. The museums involved in such transactions should be able to answer the question: "How will the selling of collection X, Y, or Z benefit the Canadian public in the short and long run?"
Viviane Gosselin
Exhibition Developer and Doctoral Candidate at the UBC Faculty of Education
A:3
I am unable to imagine any circumstances under which it might be considered ethical to sell an institution’s collection for the purposes of generating revenue.
Brenda Berck, FCMA
A:4
All collecting institutions should have a clear and concise deaccession policy for the disposal of works in their collections as there are always situations which arise where works collected don’t meet the current collecting criteria, or more significant works have been acquired.
Works for disposal certified by the Canadian Cultural Property Export Review Board (CCPERB) must be dealt with in compliance with CCPERB.
In addition it is preferable that works disposed of by museums remain in the public domain. Funds raised through the disposal of works from collections can be used to acquire new works and/or for the care and maintenance of that collection.
Museum collections are part of the fixed capital assets and generally are reflected on the balance sheet with a value of $1. The CMA has lobbied diligently to maintain the collection valuation at $1 to ensure that collections are not seen as an asset to sell for generating revenue.
The CMA is very clear on the issue of disposals, criteria for disposals, methods of disposal and use of funds generated by disposals. Detailed information can be found in the CMA’s Ethics Guidelines (section E).
Jann LM Bailey
Executive Director, Kamloops Art Gallery
A:5
We need to differentiate between the various types of museums in order to identify those which, in my opinion, could dispose of pieces from their collection.
When considering disposal, and especially disposal by sale, a clear distinction must be made between State and private museums.
In the case of the former, i.e. State museums, I believe that it is never appropriate to sell institutional property in order to generate revenue, whatever reasons the members of the Board of Directors may have for doing so. We need to bear in mind that these objects are in the public domain, which should be inalienable except under very unusual circumstances. In European museums, which are generally public institutions, such disposal is forbidden. Great Britain is an exception to this rule, however. And in Canada, some State museums, including those in Quebec, are also permitted to dispose of items, even if the collection is in the public domain.
The situation is very different for private museums, as the collections belong to private individuals or groups. These owners or their Board of Directors, who ensure the smooth functioning of the institution, can sell objects if such action can be justified. The enhancement of the collection or another objective related to the collection come to mind as possible reasons. It should be noted that the issue of the justification of a sale varies, depending on the type of private institution, and the rules of museum ethics must always be taken into account.
In every case, even with a private museum, the sale of a collection or part of a collection should be rare and must be justified. The proceeds should be used to improve or protect the collection. The sale must be justified by the museum’s senior management and approved by them; and it must be exceptional.
Andrée Gendreau, Ph.D.
Director of Research and Evaluation Division, Musée de la civilisation
If you have an ethical question or dilemma you would like to share with us for anonymous publication, please email it to sfejzic@museums.ca.
