的 story is by now depressingly familiar: A small museum—often part of a university—falls on hard times—or, 至少, 相信它已经. It identifies a selection of works from the collection and puts them up for sale. 当地居民和前工作人员表达了愤怒. 专业组织 condemn the decision and threaten to withdraw the institution’s professional accreditation. 的 museum’s relationship with its community and reputation are tarnished, but it survives. Another museum in dire straits has the same idea, and the cycle begins again.
In 2004, during one of the periodic flare-ups of this issue, I suggested an alternative. It got some traction with commentators like the redoubtable Donn Zaretsky in 他的艺术法律博客 并继续享受 定期学术引用. 我短暂地成为了背后的 埃利斯规则，其中声明:
A museum selling a work should ensure that the institution or individual to which or 谁m the work is sold commit in some binding form to equal or higher conservational standards and equal or higher public access to the work in question. 前提是这个条件得到满足, museum should be able to exercise appropriate discretion with respect to how it spends or invests the proceeds of the sale, 特别是, should not be required to use it solely for the acquisition or conservation of art.
目前, all leading museum industry bodies—including the American Alliance of Museums (AAM), 艺术博物馆馆长协会, 国际博物馆理事会(ICOM), American Association for State and Local History (AASLH)—vigorously oppose the sale of works of art unless the proceeds are used to buy more art or, 在某些情况下, 保存藏品. If a museum plans to use the funds for anything else—from the publication of catalogues to free admission to the construction of a new wing—the outrage begins.
的 reasoning behind the existing code of conduct is simple and sensible: 的 treatment of works of art as fungible items represents a moral hazard that might incentivize institutions to solve financial problems through art sales. This would discourage potential donors and generally abrogate the board and management’s core responsibilities for stewardship of their collections.
专业组织, 然而, have few sanctions beyond condemnation—and the occasional appeal to authorities such as state attorneys general, 谁, 正如det365首页在诸如 伯克希尔哈撒韦博物馆争议美国确实对其管辖范围内的机构有一定的约束力.
即使没有外部法律干预, threat of ostracism can be an effective restraint in the tightly knit museum community. 但是对于, 例如, 正在考虑出售的大学, as their leaders regard themselves less as part of the museum community and more as part of the educational community, which does not see the integrity of its art collections as fundamental to its mission.
这在一定程度上是因为缺乏任何真正的制裁, 但主要是因为目前的行为准则, 尽管它有高尚的意图, fails to acknowledge the reality that a museum that perceives itself as on the edge of oblivion—whether through circumstances beyond its own control or through mismanagement—will consider extreme measures if they represent an alternative to its demise. 像大学这样的机构, 因此，艺术品收藏的完整性并不是其使命的核心, 难道你不觉得他的正直有一点罪过吗.
退位的传说将继续, 由于缺乏制裁变得越来越明显, 出售作品的抑制因素可能会减弱, 这有点像det365首页现在看到的在公共生活中使用脏话.
规则不应该, 在我看来, constitute the only condition to be met by a museum considering deaccession. 的 的处方 of AAMD—that a museum should only consider deaccessioning an object if it lies outside its mission, 状况不佳, 是一个重复的, 等.-都是健壮和深思熟虑的. But in permitting funds from deaccessioning to be spent on things other than the purchase or conservation of art—and, 同时, ensuring greater protection and access to the work itself—any and all trades create a net improvement.
当然，为了正常运作，这些交易所需要受到监管. If the buyer does not commit to meet the conditions for preservation and access in precise and explicit terms that can be policed by the AAMD or another recognized body, 那么博物馆处置这幅作品的决定就应该受到谴责, 不管收益如何. (目前, it is the use of the proceeds that determines the punishment, not the fate of the art.)
This new standard would clearly require that works be bought and sold in a regulated and supervised context, 哪些因素会影响价格. But we are used to imposing such conditions on sales of assets such as land and on intellectual property. 它确保了作品的保护和可访问性.
This approach also acknowledges the reality that the financial circumstances in which works are held will change over long str等hes of time and that institutions will inevitably enjoy good health and bad, det365首页必须承认其后果. 的 stewardship of art and material culture is a collective social responsibility and need not be tied as closely to the fate of an individual museum as in the case of the current framework.
的re are signs that there may be increased openness to reconsidering the previously rigid codes surrounding deaccessioning. 在最近的一次 采访夏洛特·伯恩斯, 纽约现代艺术博物馆的馆长, 格伦·洛瑞, argued that deaccessioning proceeds ought to be able to shore up endowments to support programming. Although he rejected the notion that funds from the sale of art could also be used to fund operating costs, 他的声明相当于一种重要的迹象.
I am trundling the 埃利斯规则 out for a spin again because the current framework seems on a weakening trajectory and if the current line cannot be held, 吸引一家新公司符合该行业的最大利益.