14.50 LOAN POLICY FOR THE ART MUSEUM

Effective: July 17, 1996

PURPOSE:
To establish a policy and procedures for the loan of works of art to and from The Art Museum at Florida International University.

AUTHORITY/SOURCE:
American Association of Museums (AAM) Code of Ethics for Museums, 1991; A Legal Primer on Managing Museum Collections (by Marie C. Malaro, Smithsonian Institution, 1985)

POLICY:
To support its educational and public program mission and goals, under approved conditions, The Art Museum shall make its collection available for loan and shall borrow art objects or items from other sources. The Director of The Art Museum shall oversee the loan process and procedures and shall authorize and approve all loans to and from The Art Museum at FIU.

The Art Museum may also enter into contracts for Long-Term Loans of objects or of a collection of objects both to and from The Art Museum. With regard to Long-Term Loans (loans lasting for a duration of more than a year) policies and procedures for Acquisitions to the Collection (14.3) shall apply.

All loans both to and from The Art Museum will be made for a specified time period and for a specific purpose, usually exhibition, but may include approved research, study or other education purposes consistent with the stated goals and policies of The Art Museum. Loans from The Art Museum collection shall only be made to other museums, art centers, or not-for-profit institutions for educational and public programs and under no circumstances will The Art Museum loan its collection to individuals or organizations for personal or private use or benefit. Further, all loans shall be conducted by means of a written contract/agreement between owner(s) or duly authorized representatives of both parties and must remain in the possession of the owner or authorized party until returned to the Lender of record.

PROCEDURE:
The Director of The Art Museum is responsible for the final review and authorization of loans to and from the collection. It is understood that it is the responsibility of the Owner/Lender to examine objects considered for loan to determine if they are in a condition to withstand the ordinary strains of packing, transportation, handling and display. Any evidence of damage at the time of receipt or while in custody for the duration of the loan shall be reported immediately to the Lender.

The Art Museum shall prepare and maintain records and documents pertaining to all loans. The Art Museum shall seek advise and approval from the University Attorney concerning legal issues and any written legal documents relating to the loan of property.

In approving loans, the following minimum conditions, agreements and procedures will apply:

A. Outgoing Loans
The Art Museum is obligated to use due care in approving collections for loan to other institutions and may restrict the loan of collection items due to value, rarity or condition or if loan conditions may seriously threaten the safety of the objects.

The Art Museum does not charge a fee for outgoing loans. However, the borrower may be expected to cover normal costs associated with completing the loan obligation as specified by The Art Museum including but not limited to costs for packing, crating, shipping, insurance and if necessary, costs for conservation or restoration that may be required to approve the loan for travel or display. With regard to Loans of Exhibitions, The Art Museum may charge a Loan or Rental Fee in consideration of the services furnished and the costs to be incurred by The Art Museum in organizing the Exhibition. All Exhibition Loan or Rental Fees collected shall be used to cover associated costs and services.

All objects on loan to other institutions shall be handled only by experienced personnel under competent supervision. The borrower must demonstrate intent and ability to provide appropriate care, security and safekeeping and must agree to exercise special care at all times to insure against loss, damage, or deterioration. The borrower shall assume responsibility for loss or damage to objects for the period of the loan subject to normal exclusions. The borrower shall further agree to meet any special requirements for installation and/or security, handling, packing, shipping and transportation as specified by The Art Museum.

The condition of each item shall be noted by The Art Museum in a written condition report prior to shipping. Upon receipt and prior to return of the objects, the borrower must make a written record of condition. The Art Museum must be notified immediately of any damage or suspected damage or loss.

All objects on loan shall be insured during the period of the loan for the value determined by The Art Museum.

 The Art Museum reserves the right to withdraw collections from loan on short notice, and cancel the loan for good cause at any time.

Each object shall be labeled and credited to The Art Museum as specified by The Art Museum. The Borrower's use of photographic reproductions for any purpose must be approved in advance and agreed to in writing by The Art Museum.

B. Incoming Loans
The Director of The Art Museum is responsible for review and authorization of all incoming loans made to The Art Museum.

The Art Museum shall only borrow art works for a specific purpose, usually exhibition, and it is the general policy of The Art Museum to refuse all unsolicited loans from individuals. The Art Museum agrees to exercise the same standards of care and safekeeping in handling and preservation of loans as it provides its own collections.

The Art Museum will not knowingly borrow objects stolen, illegally exported from its country of origin or illegally
removed from a historic or archaeological site. (See Acquisition policy) 

A written loan agreement shall be prepared and include authorized signatures of both the Owner/Lender and The Art Museum.

If a loaned work is for sale and is sold during the period of the loan on exhibit to The Art Museum, the lender shall pay a designated percentage fee to The Art Museum to be used exclusively for The Art Museum.

The Art Museum reserves the right, unless specifically denied by the lender, to examine the work by all modern photographic means available. Information thus gathered will remain confidential and will not be published without the written consent of the lender. Unless notified in writing to the contrary, it is understood that this loan may be photographed and reproduced in The Art Museum's publications and for publicity purposes connected with an  exhibition.

The condition of each item shall be noted in a condition report prior to shipping and upon receipt and any damage or suspected damage shall be investigated immediately and appropriate action taken to notify the owner/lender. It is understood that The Art Museum will not clean, restore, or otherwise alter the work without the consent of the lender.

The Art Museum will insure the work wall-to-wall under the conditions of its fine-arts policy and under conditions specified in the Incoming Loan Form for the amount specified by the Lender (which must reflect fair market value) against all risks of physical damage from any external cause while in transit and on location during the period of the loan and shall agree to the conditions as stated in the written loan agreement. (See Agreement and Conditions for Incoming Loan form)

It is the responsibility of the Lender to immediately notify The Art Museum in writing of any change of ownership to the property on loan to the Museum. Any changes made to the original loan agreement, must be made and agreed to in writing. Objects will only be returned to the Lender of Record or to a location mutually agreed upon in writing by The Art Museum and the Lender of Record.

C. Interdepartmental Loans
In keeping with the mission and goals of The Art Museum at FIU, selected collections may be loaned to University Departments for the purposes of public display, and shall remain available for access for museum programs and for the purposes of study and research. The Director of The Art Museum shall approve all inter-department loans and conditions of the loan. Approvals and conditions of loans shall be based on staff review of security and environmental conditions. Priority will be given to objects of durable materials and in a condition that can withstand the ordinary strains of display whereas objects of more fragile material such as works on paper, textiles, etc., shall be subject to rotation based on specific preservation and conservation requirements as determined by professional scientific conservation methods and standards. Loans will be made for a specific time period and upon staff review, the loan period may be renewed. A written loan agreement shall be completed and the head of the borrowing department shall authorize and agree to the terms and conditions of the loan. The borrowing department shall reimburse the Art Museum for costs associated with mounting and display of collections items.

D. Unclaimed Loans
If The Art Museum's efforts to return objects within a reasonable period following the termination of the loan are
unsuccessful, then the objects will be maintained by The Art Museum at the owner's expense and risk for a maximum of 180 days. If The Art Museum has made reasonable effort to return loaned objects, and if after 180 days loaned objects have not been claimed, then in consideration for maintenance and safeguarding, the Lender/Owner shall be deemed to have made the objects an unrestricted gift to The Art Museum. The University Attorney shall be notified of unclaimed loans and shall advise and initiate any appropriate legal action.

E. Objects Left in the Temporary Custody of The Art Museum
Distinct from traditional loans, policies and procedures for objects left in the temporary custody of The Art Museum shall be used in the instance not covered by accessioning and loan policies and procedures. The Director may approve temporary deposit of objects with The Art Museum for identification, authentication, examination for purchase and the like. In these instances, it is understood that the deposit of objects are generally for the benefit of the owner/depositor to accomplish an objective of particular interest to the owner and at the initiative of the owner. Given this instance, the owner/depositor shall be informed that while providing reasonable care, The Art Museum is not liable and insurance coverage of the objects remains the responsibility of the owner/depositor.

Purposes of such deposits should proceed expeditiously and shall only be accepted by The Art Museum when prompt attention can be given. The owner/depositor shall bear all costs associated with the return of the objects.

The Art Museum Registrar shall complete a Temporary Deposit Receipt to be signed by the owner/depositor.

Forms:
Incoming Loan Agreement
Outgoing Loan Agreement
Temporary Deposit Receipt
Interdepartmental Loan Agreement. 

Page last updated: April 11, 2002
Page Content: Kenneth Johnson