Abstract
Art museums are the aristocrats of the charitable sector, with all
the virtues and vices of the aristocracy. In their prime, they are glorious
exemplars of the finest in cultural expression. But in their dotage,
they are weak and vulnerable, constitutionally incapable of avoiding
financial ruin. Some art museums have even gone bankrupt and dissolved,
despite owning large collections of extremely valuable objects.
What explains this paradox? Deaccessioning rules: professional
rules governing art museums and art museum directors that prohibit
the sale of works of art for the purpose of generating capital. When
art museums find themselves in financial distress, deaccessioning
rules can effectively prevent them from saving themselves. For want
of a sale, an institution is lost.
I find it tragic and tragically unnecessary. I question the enforceability,
justification, and legitimacy of deaccessioning rules. But even
if you think such rules reflect best practices for museum collection
management, they should not require the unnecessary sacrifice of a
museum. When faced with the decision of either violating deaccessioning
rules or dissolving a museum, directors should almost always
choose the former.
Ironically, as I was editing this article, the "deaccessioning police"
seem to have reached the same conclusion, albeit with considerable
reluctance. On April 16, 2020, in response to the coronavirus pandemic,
the Association of Art Museum Directors announced that it
was temporarily relaxing its deaccessioning rules. Specifically, it provided
that for the next two years, member museums can use deaccessioning
proceeds for the "direct care of collections," a "substantial
shift" from its standard policy prohibiting the use of deaccessioning
proceeds for the purpose of anything other than purchasing artwork.
Perhaps things are finally about to change, no matter how much the
AAMD and its beneficiaries want them to remain the same.
Document Type
Article
Publication Date
2020
1-23-2023
Repository Citation
Frye, Brian L., "Against Deaccessioning Rules" (2020). Law Faculty Scholarly Articles. 741.
https://uknowledge.uky.edu/law_facpub/741
Notes/Citation Information
Brian L. Frye, Against Deaccessioning Rules, 53 Creighton L. Rev. 461 (2020).