The Deaccessioning Blog is a project begun by Sergio Muñoz Sarmiento to both analyze and archive the increasing institutional deaccessioning of modern and contemporary art.
There is real risk in writing an article for a hard-copy publication on a topic in which things are in flux. Something new, and even dispositive, can happen between when one submits the piece for publication and when the printed journal actually appears. It must be another corollary to Murphy's Law.More from The Entertainment, Arts and Sports Law Blog.
NY Board of Regents Rules Narrower Than Brodsky Bill
New rules were approved on May 17, 2011, and went into effect on June 8, 2011. The rules are meant to provide museums with the discretion to refine their collections over time, while at the same time ensuring that museums’ collections are preserved for the public.
The new rules continue to make clear that proceeds from deaccessioning may never be used to pay operating expenses, and may only be used for “the acquisition of collections, or the preservation, conservation or direct care of collections.” However, the rules expand the circumstances in which deaccession can take place:
1. the item is inconsistent with the mission of the institution as set forth in its mission statement;
2. the item has failed to retain its identity;
3. the item is redundant;
4. the item’s preservation and conservation needs are beyond the capacity of the institution to provide;
5. the item is deaccessioned to accomplish refinement of collections;
6. it has been established that the item is inauthentic;
7. the institution is repatriating the item or returning the item to its rightful owner;
8. the institution is returning the item to the donor, or the donor’s heirs or assigns, to fulfill donor restrictions relating to the item which the institution is no longer able to meet;
9. the item presents a hazard to people or other collection items; and/or
10. the item has been lost or stolen and has not been recovered.
In another significant change, the new rules require that each institution shall include in its annual report to the State Education Commissioner a list of all deaccessions in the prior year.
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