PP8110 Cataloguing and Registration Methods Alison Skyrme Week
11 Ryerson University
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Museum Ethics Professional ethics Governance ethics
Acquisitions ethics Ethics for registrars CMA guidelines Lecture
Overview
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Theories The discipline dealing with what is good and bad and
with moral duty and obligation A set of moral principles; a theory
or system of moral values (Websters dictionary) Ethics as a moral
philosophy Deontological theories are those that seek to establish
the morality of an act based solely on the act itself, without
regard to the consequences of that act. Teleological theories are
more commonly referred to as consequentialism. As assessed from the
consequentialist perspective, the moral act is that act out of all
possible acts that produces the best possible consequences.
(Dingwall, p. 15) Ethics Heather MacNeil, 2014
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Professional Ethics Professional ethics is concerned with the
values appropriate to certain kinds of occupational activity, such
as medicine and law, which have been defined traditionally in terms
of a body of knowledge and an ideal of service to the community;
and in which individual professionals have a high degree of
autonomy in their practice. Problems in professional ethics include
both regulation of the professional-client relationship and the
role and status of professions in society. A central question is
whether there are values or virtues specific to particular
professions or whether the standards of ordinary morality are
applicable. Routledge Encyclopedia of Philosophy
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Professional ethics Ethics as an applied practice within an
occupational group Many occupations develop ethical standards
Codification seen as an essential step in forming a group identity
that extends beyond a given employer Goal is to achieve
professional autonomy Heather MacNeil, 2014
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Anatomy of an Institutional Code of Ethics An institutional
code of ethics should demonstrate that the museum is ethical,
professional and accountable. Codes should be consistent with the
Alliance's Code of Ethics for Museums, which outlines ethical
standards that can be applied to all museums. A museum's code
should be tailored to its particular circumstances and should not
simply replicate the Alliance's code. Instead, a museum should use
it to facilitate discussions that explore how the museum legally,
ethically and effectively carries out its responsibilities. Each
museum has to write an ethics policy for itself. It should be
applicable to governing authority, staff and volunteers and be
approved by the governing authority. -American Alliance of
Museums
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Collections Ethics Underlying or core values under which the
museum/library/archive performs all of its duties as a public
institution Sector specific: professional organizations each
promote their own (ALA, CLA, IFLA, AAM, CMA, ICOM, SAA, ACA, ICA)
Definition
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Museum Ethics Governance Ethics Conflicts of interest,
self-dealing, misuse of insider advantage Usually not a high
publicity issue Acquisition Ethics Stolen, improperly or illegally
exported acquisitions, poor deaccession procedure Can become very
public Issues in Ethics
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Governance Ethics An art dealer is invited to join the board of
trustees of a major art museum that acquires and exhibits works of
the kind that the dealer shows and sells. The director of art
museum A is invited to become a trustee of museum B, which is
active in the same fields as museum A. A distinguished art
historian who is the leading expert on an important period of art
history collects works from that period and occasionally bids at
auction for herself. She also advises other collectors and bids for
them at auction. She is employed as a senior curator at a major
museum, which she advises on acquisitions and for which she bids at
auction. Finally, she is a trustee of another museum that actively
collects in her field, which she advises and for which she also
bids at auction An active collector of works that the museum also
acquires and shows who is invited to join the board of the museum.
Conflict of Interest Source: Merryman, John Henry. Museum Ethics.
Stanford CA, Stanford Law School, 2006
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Governance Ethics Disclosure the art dealer tells the board of
his dealings, it becomes up to them to identify issues Isolation
art dealer member does not participate in discussions regarding his
conflict of interest Avoid the conflict - art dealer turns down the
board membership Conflict of Interest - solutions
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Governance Ethics When a trustee buys or sells from the museum
of which he/she is a board member Count Panza di Biumo 1984 $11
million sale of his collection to the LA Museum of Contemporary Art
(when he was a trustee) Samuel I. Newhouse - 2000 : for $10 million
sale of Picassos Man with Guitar (1913 )from Museum of Modern Art
(where he was a board member) Self Dealing
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Governance Ethics Avoid no self dealing Self Dealing -
Solutions
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Governance Ethics Trustee buys the work of an artist before a
large exhibition of his/her work is announced Trustee sells works
by the same artist that the museum is deaccessioning As in stock
trading, this is illegal and must simply be avoided Inside
Information
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Acquisition Ethics Violate UNESCO or CCPERB guidelines Violate
CMA or other ethics guidelines Stolen or despoiled Solution: Proper
provenance research Honesty in dealing Questionable
Acquisition
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Acquisition Ethics Deaccesion procedure is not followed, board
is not notified Works are sold off to keep the museum running Works
purchased from employees or board members Questionable
deaccession
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Ethics for Registrars The first obligation of the Registrar is
the the museum's collections, loaned objects and records. Records
must be complete, honest, orderly, retrievable & current
Preservation and Security: kept in an archivally sound and secure
manner Must protect the institution from Liability through the
management of proper documentation (deeds of gift, letters of
agreement, receipts etc.) Implementation of policies, contract
requirements Following copyright, contract, or other restrictions
Current information on all aspects of collections objects is the
responsibility of the registrar Records
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Ethics for Registrars Communication (& good working terms)
with curators, conservators, directors to ensure the preservation
of objects while fulfilling access and collections policies Loans :
ensure the proper handling according to the conditions of the loan
document, reviewing objects during loan periods Ensure the
monitoring & upkeep of storage environments is a priority and
review the collection periodically Must arrange the best
shipping/handling/packing/transportation for the objects Condition
reports must be HONEST and timely Insurance reporting and claims
(values, damage etc.) must be accurate, even if the institution is
at fault Preservation
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Ethics for Registrars Acquisitions and deaccession policies
must be adhered to registrar must ensure these comply with
appropriate standards Consult with acquisitions staff /committee
regarding feasibility (space, legal risk, physical risk) Ensure
accessioning is complete & done after accession is approved and
title is received Aware of all import, export & spoliation
issues Ensure appraisals are done ethically & according to
standards Deaccession must be monitored & documented
appropriately. Ensure legal right to dispose of objects Acquisition
& Disposal
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Ethics for Registrars Registrars must provide access according
to policies ; access policies must protect the collections but be
non-discriminatory Must ensure use & handling are done in a way
that will not damage collections objects (supervision, guidelines
etc.) Records of a public institution are of public concern BUT
registrar must ensure confidential information is sustained
Access
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Ethics for Registrars Must be accurate Must be up to date Must
be clear Must be accessible Records
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Ethics for Registrars Dealing with other institutions, public,
students, researchers, colleagues, co-workers etc. must act in a
professional manner Registrars have access to confidential
information must be discreet (communications, paperwork, notes)
Gives direction/advice based on up to date standards of the
institution and the field not on personal feelings. Perform duties
according to accepted standards and the policies and procedures of
the institution Must not conform to management desires if not
professional or standard practice Professional
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Ethics for Registrars If working as consultant, it cannot
interfere with regular duties, must be done on personal time, must
not disclose confidential information Must not accept gifts or
other personal benefit from commercial companies (shippers,
conservators, contractors etc.) this can impair judgment on vendor
selection Conflicts of interest
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Ethics for Registrars Registrars must keep current with
standards and research in the field & contribute to the general
understanding of registration Teach, lecture, participate in
professional conferences etc. (with permission of the institution)
Professional Development
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Museum Ethics ICOM CMA Ethics AAM Standards
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CMA Guidelines Definition: Ethics are based on the core values
of honesty, fairness, respect, excellence & accountability The
application of these core values changes with time, and ethics must
reflect these changes Purposes: Ensure and ethical environment by
affirming the values of the museum community with employees &
institutions Provide the public with some insight as to what they
might expect from museums and individuals associated with them Do
not replace policies or ethics statement within the museum A basis
upon which museums can build their policies outline
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CMA Guidelines Public trust role Responsibilities of
trusteeship Legal considerations Respect for traditional customs
Museum Governance: Responsibilities of the Governing authority
Responsibilities of the chief executive officer Collections
Policies: Documentation Acquisitions Loans Disposals Conservation
and Emergency Planning Accessibility & Presentations
Overview
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CMA Guidelines Culturally Sensitive Objects and Human Remains
Research, Publications and Field Work Commercial and
Revenue-Generating Activities Reproductions and copyright
Employer/Employee Relations Staff Development Volunteers Conflicts
of interest Personal Conflict Gifts Collecting and Dealing
Confidentiality and privacy Appraisals Overview
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CMA Guidelines Responsibilities of trusteeship Stewardship :
acquire, document & preserve collections Public service :
create and advance knowledge & understanding by making
collections and research physically & intellectually accessible
Legal considerations Uphold all applicable international
conventions, federal and provincial legislation, treaty objections,
conditions related to gifts and trusts Avoid even slight compliance
in any illegal activity, illicit traffic in cultural objects
Respect for traditional customs Respect culture of other cultures
or communities towards culturally sensitive objects Consult with
knowledgeable members of the community prior to using these objects
in any way Public trust role
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CMA Guidelines Responsibilities of the Governing Authority
Responsibilities that exceed those of staff members They should
have proper understanding of their responsibilities & interest
in the museum Obtaining financial resources necessary, ensure
proper use of resources to maintain and enhance collections,
provide clear public statement of mandate and policies, no
self-serving behaviour, awareness of socioeconomic factors
affecting communities served by the museum Ensuring ethical
guidelines are followed by CEO, board, staff Responsibilities of
the CEO (director) Only staff member who is directly answerable to
the board Provides professional & competent strategic
leadership (hiring, training, promotion, dismissal of staff) Museum
Governance
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CMA Guidelines Documentation Current, standardized, systemized,
easy to use, accessible Information must be honest, accurate
Acquisitions, loans, deaccessions, loss, damage must be documented
(including reasoning) & made public in annual report or other
publication Acquisitions Acquisitions made to be permanent, not
with the intention of deaccssioning Ensure legal title is
acquirable, provenance is documented etc. Reproduction, copyright,
installation plans must be negotiated with artist Avoid
acquisitions : inconsistent with mandate, cannot be properly stored
or exhibited, cannot be catalogued within a reasonable time, Unduly
restricted, Connected to a specific location that has an
appropriate institution Collections Policies
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CMA Guidelines Loans Loans policy that clearly defines how/when
incoming and outgoing loans are accepted (permanent loans, fees,
etc) Provide level of care to borrowed objects required by the
lending institution or (if from an individual) as shown to other
collections objects Proper valuations of loaned material are done
for insurance Permanent loans should be avoided Disposals Unethical
to use proceeds for anything other than collections care or
acquisition May be an endowment for acquisition Repatriation
requests are dealt with seriously, before governmental involvement
Return of culturally sensitive objects, human remains &
funerary objects should be a priority museums must be prepared to
facilitate return if claim is valid Conservation and Emergency
Planning Museums must take steps to preserve & minimize
deterioration Must have emergency preparedness plans (all types of
emergencies) Collections Policies
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CMA Guidelines Accessibility & Presentations Must ensure
equality of opportunity for public access to collections Must seek
out new audiences in the community and cater to a broad range of
abilities and interest (no discrimination) Must make loans &
share information about collections Culturally respectful &
involve communities in program development Copyright law must be
followed Must represent many viewpoints & make it clear when a
singular perspective is being offered Accessibility
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CMA Guidelines Culturally Sensitive Objects and Human Remains
Museums must seek out information regarding culturally sensitive
objects from knowledgeable members of those groups Access,
research, handling, exhibition of these objects must be done in an
acceptable manner Where appropriate, reburial of archaeological
human remains Research, Publications and Field Work Museums must
support research, should relate directly to the mandate Access to
collections offered with appropriate supervision to researchers,
& genuinely interested public/those connected to the collection
Research results must be published. Culturally sensitive objects
& research
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CMA Guidelines Commercial and Revenue-Generating Activities
Commercial activities should relate to the mandate and not put
collections at added risk Well researched, accurate publications
and safe, good quality products, no endangered species, items
disposed from collections Reproductions must follow copyright
legislation, royalty and reproduction rights negotiated with
artists and documented Replicas are marked as such
Employer/Employee Relations Employees: Courteous/efficient service
to public, respect and cooperation to colleagues, loyalty to
policies of the institution Equal opportunity employers Clear
policies on conflicts of interest Volunteers Should be held to the
same ethical obligations as employees Communication and liaisons
between museums staff and volunteers Commercial revenue, employees,
volunteers
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CMA Guidelines Conflicts of interest Personal Conflict
Employees may pursue their own interests so long as there is no
conflict with the museums interests or detrimental to the
reputation of the museum Where conflicts of interest are possible,
these are to be disclosed Gifts (& donations) from workers or
families should be evaluated at arms length No personal gifts are
to be accepted from people or organizations that they have
contracts with Collecting and Dealing Must disclose personal
collections and not compete with the museum for acquisition If
personal collections overlap with the mandate, employees must not
act as dealers (buy or sell objects for profit) Employees, family
and friends must not acquire deaccessioned objects Conflicts of
interest
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CMA Guidelines Confidentiality and privacy Employees must avoid
careless or deliberate disclosure of information received as a
result of their position re: management, security, future or
unannounced events Respect of privacy of donors, lenders, members
of the public, other institutions (particularly regarding human
remains) Appraisals Museums workers should appraise only objects
owned by the museum Appraisals for a third party must be done only
after declaring conflict of interest (under $1,000.00 only) Avoid
recommending specific dealers, appraisers, auctioneers, or accept
discounts for these services for personal purchases Appraisals for
possible acquisitions should be done at arms length by qualified
professionals Fair market Values must be appropriate and properly
proved Conflicts of interest cont.
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Protocols for Native American Archival Materials Accessibility
and use Questions of access, ownership, and control of Native
American archival material can prompt philosophical and practical
concerns, particularly when there is inadequate information about
community sovereignty and associated legal rights, community
ownership of original source information, initial community
restrictions on information sharing and distribution, and other
related issues. sovereignty Protocols for collections material
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Protocols for Native American Archival Materials Consult with
culturally affiliated community representatives to identify those
materials that are culturally sensitive and develop procedures for
access to and use of those materials Respect a communitys request
to restrict access to and use of materials that describe and
represent esoteric, ceremonial, or religious knowledge that is
significant to the community. Protecting certain kinds of secret
information may be a matter of national security for sovereign
tribal governments. Review acquisition policies and forms with
Native American community representatives in order to share
suggestions for culturally responsive restrictions on deeds of
gifts with potential donors. Ensure that any restrictions or agreed
upon procedures are fully implemented and observed. Culturally
sensitive material
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Protocols for Native American Archival Materials Still and
Moving Images (Photographs and Films)/Graphic Art human remains
religious or sacred objects ceremonies of any kind burials,
funerals archaeological objects (especially if from burials)
hospitals, churches, cemeteries, kivas, sacred places
Recordings/Transcripts songs, chants music religious practice
healing, medicine personal or family information oral histories
community histories "myths, folklore Cartographic Materials sacred
sites or areas religious sites or areas village sites, territories,
use areas Records/Documents/Ephemera/Grey Literature/Theses and
Dissertations/Published Texts personal or family information
archaeological data religious materials ethnobotanical materials
genealogical data Culturally sensitive material
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Ethics Barnardo Archive One of the oldest photographic archives
in the world Thomas Barnardo Childrens Home, London (from 1874)
500,000 images To be destroyed or transferred after digitization
Case studies
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Ethics Our institution was recently offered a large gift of
stock from an individual. The Donor would like to place the
restriction on it that the museum will sell it (quickly) And then
use the proceeds to purchase a work of art from him. Value of stock
will equal his price for the painting. Case Study economic
ethics
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Ethics Case Studies Appraisal Two years ago an enquirer came to
our museum with some coins that he wanted us to value. Although we
had a fair idea of what they were worth, we explained that it was
the policy of our museum not to give valuations. We therefore
limited the information we gave to providing a full identification
of his coins. At the time the enquirer seemed happy enough with
this information but has recently made a formal complaint about
what he sees as deceit on our part. Last month he took the coins to
a dealer, had them valued at around 200 and then sold them. He
claims that our reluctance to value the coins led him to believe
that they were valueless and thereby attempted to deprive him of
the opportunity to profit from a sale at a time when he badly
needed the money. Although we feel we have acted ethically, have we
been negligent in our procedures for such a misunderstanding to
occur? Museums Association, 2000. Ethics Q&A.
http://www.museumsassociation.org/ethics/11233
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Ethics Case Studies Collections management A relative of a now
deceased donor wants to view a minor item given to the museum in
its early days in the 1950s. We have accession records but despite
an exhaustive search of our stores we have been unable to find it.
We fear that other items may also be missing and plan to do as
complete an audit as our modest resources allow. How should we
present this particular loss to the relative and any other
potentially embarrassing ones that the audit may reveal? Museums
Association, 2000. Ethics Q&A.
http://www.museumsassociation.org/ethics/11233
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Ethics Case Studies Disposal A school donated an item to the
museum in the 1970s. Recently, a man saw the item on display in the
museum. He had been living in Australia for many years. He says he
only lent the item to the school before he left on the
understanding that if he ever came back to this country the school
would return it to him. Our entry in the accessions register
records it as a 'gift'. At that time it was not standard practice
at our museum to check that donors had the right to transfer title
or to get them to complete appropriate transfer documentation. The
school closed many years ago. We cannot trace anyone who might be
able to back up the entire story, but the man does have proof that
he did indeed once own the item. I presume we have to deaccession
and give the item back. Museums Association, 2000. Ethics Q&A.
http://www.museumsassociation.org/ethics/11233
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Ethics Case Studies First Nations, Inuit & Metis materials
In 1976 a significant amount of material related to a First Nation
in northern Ontario was informally donated to the archives by a
professor in the anthropology department. A letter from the
anthropologist included in the accession file indicates that
members of the First Nation were aware he was donation the material
to the archives, but no formal agreement between the anthropologist
and the First Nation or between the anthropologist and the
archives) was made at the time the materials were accessioned.
Access has always been freely granted to the material. It consists
of the anthropologist field notes, research materials, films of
songs and ceremonies, and photographs taken in the community. This
material has been used extensively by subsequent researchers,
including on historian who published several monographs in the mid-
1980s on the history of the Nation, some of whish used copies of
photographs and transcripts of recorded songs. Recently, the
recording and photographs have been added to an online database. A
local newspaper reported on the online database and as a result,
younger members of the First Nation have become aware of the
materials existence, They have contacted you in writing to explain
their discomfort with the material being included in the database
and being generally open to researchers since some of the songs and
ceremonies depicted are considered culturally sensitive and should
only be viewed or heard by certain individuals within the First
Nation, They indicate that they would like to meet with you to
discuss their concerns and also to review repatriation options with
you. Wendy Duff, 2014.
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Ethics Case Studies For some time you have been negotiating
with a professor and artist for the donation of his personal
archive. In the course of those negotiations he made it clear that
he does not want any restrictions on access, saying he had nothing
to hide. Before the donation was complete, he died suddenly. He was
divorced, and his relationship with his children was strained. His
son was, however, named the executor. When you contact him, he
informs you that he has no interest in holding on to his fathers
records and is willing to donate them to the archives without
placing any restrictions on them since that was his fathers wish.
He makes it clear that he does not intend to sort through the
records before donation, he has no interest in his fathers private
life and does not consider himself competent to determine what is
of artistic value. When the archive arrive, you come across a box
of letters, photographs, videotapes and newspaper clippings. On the
box, in the professors handwriting, to be destroyed? is written.
The clippings related to a sexual harassment suit that was filed
against him in 1985 by a student with whom he had an affair. The
suit was settled out of court and he continued to teach at the
university until he retired. There are letters in the file from
university administration and lawyers relating to the suit, as well
as letters from the student and a series of nude portraits of the
student. Also included, are videos and letters from another student
he appears to have had an affair with. It is clear they were both
married to other people at the time. The name seems familiar and a
search reveals the student is not a Conservative member of
Parliament, married to the same person and outspoken on family
value. Wendy Duff, 2014.