Hostname: page-component-78c5997874-8bhkd Total loading time: 0 Render date: 2024-11-01T16:49:58.092Z Has data issue: false hasContentIssue false
  • English
  • Français

Frozen in Time: Orphans and Uncollected Objects in Museum Collections

Published online by Cambridge University Press:  14 March 2017

Janet Ulph
Janet Ulph*
Affiliation:
School of Law, University of Leicester, Leicester, United Kingdom; Email: [email protected].
Get access Rights & Permissions [Opens in a new window]

Abstract:

The focus of this article is upon objects in museum collections where legal title is uncertain (“orphans”), where the owner is unknown (deposited objects), or where the owner cannot be found (uncollected loans). Museums may have little choice but to continue to care for these objects even where they are unsuitable to be retained within the permanent collections. It is argued that the current law in the United Kingdom prevents museums from managing their collections properly and rationalizing them where necessary. New legislation has been proposed that would assist Scottish museums. It is argued that all museums in the United Kingdom need new legislation that would enable them to manage their collections more effectively and to approach the review of collections and the disposal of unsuitable objects in a proper and balanced manner, acting for the benefit of the public.

Type
Research Article
Information
International Journal of Cultural Property , Volume 24 , Issue 1 , February 2017 , pp. 3 - 30
Copyright
Copyright © International Cultural Property Society 2017 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

BIBLIOGRAPHY

Ainslie, Patricia. 2004. “Deaccessioning as a Collections Management Tool.” In Museums and the Future of Collecting, edited by Knell, Simon J., 235–41. Aldershot: Ashgate.Google Scholar
Besterman, Tristram. 2006. “Museum Ethics.” In Blackwell Companion to Museum Studies, edited by Macdonald, Sharon, 431–40. Oxford: Blackwell.Google Scholar
Brown, Mychal. 2011. “Disposal as an Essential Management Tool: The Legal, Ethical and Practical Case for Deaccessioning in the United States.” In Museums and the Disposal Debate, edited by Davies, Peter, 104–17. Edinburgh: Museums Etc. Publishing.Google Scholar
Charity Commission. 2002. Museums and Art Galleries Report, R10 (Version 08/02). https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/358894/rr10text.pdf (accessed 2 February 2017).Google Scholar
Douglas, Simon. 2009. “The Nature of Conversion.” Cambridge Law Journal 68, no. 1: 198–223.Google Scholar
Dresner, Simon. 2002. The Principles of Sustainability. Sterling, VA: Earthscan Publications.Google Scholar
Finch, Derek. 2011. “Deaccession of Art from the Public Trust.” Art Antiquity and Law 16: 1–37.Google Scholar
Green, Jack. 2015. “Building Capacity, Sharing Knowledge.” Journal of Eastern Mediterranean Archaeology and Heritage Studies 3, no. 1: 63–71.CrossRefGoogle Scholar
Green, Sarah, and Randall, John. 2009. The Tort of Conversion. Oxford: Hart Publishing.Google Scholar
Grosvenor, Bendor. 2011. “Deaccessioning in Practice: How to Make Sure We Get It Right.” In Museums and the Disposal Debate, edited by Davies, Peter, 57–71. Edinburgh: Museums Etc. Publishing.Google Scholar
Hadfield, Jessica. 2011. “Deaccession and Disposal: The Theory in Context.” In Museums and the Disposal Debate, edited by Davies, Peter, 85–97. Edinburgh: Museums Etc. Publishing.Google Scholar
Heal, Sharon. 2006. “The Great Giveaway.” Museums Journal 106, no. 10: 32–35.Google Scholar
Hudson, Anthony. 2005. “Auctions and Conversion” Art Antiquity and Law 10: 201–14.Google Scholar
Jenkins, Tiffany. 2011. “Just Say No: You Cannot Be Too Careful in Embracing Disposal.” In Museums and the Disposal Debate, edited by Davies, Peter, 72–82. Edinburgh: Museums Etc. Publishing.Google Scholar
Kersel, Morag. 2015a. “An Issue of Ethics? Curation and the Obligations of Archaeology.” Journal of Eastern Mediterranean Archaeology and Heritage Studies 3, no. 1: 77–80.Google Scholar
Kersel, Morag. 2015b. “Storage Wars: Solving the Archaeological Curation Crisis.” Journal of Eastern Mediterranean Archaeology and Heritage Studies 3: 42–54.Google Scholar
Kletter, Raz. 2015. “Storage Wars 1, Curation 0.” Journal of Eastern Mediterranean Archaeology and Heritage Studies 3: 55–60.Google Scholar
Law Reform Committee. 1971. Eighteenth Report on Conversion and Detinue, Cmnd 4774. London: Stationery Office.Google Scholar
Lord, G., Lord, B., and Nicks, J.. 1989. The Cost of Collecting. London: Museums and Galleries Commission.Google Scholar
Merriman, Nick. 2006. “Museum Collections and Sustainability.” Cultural Trends 17, no. 1: 3–21.Google Scholar
Museums Association. 2013. Britain Thinks: Public Perceptions of—and Attitudes to—the Purposes of Museums in Society. London: Museums Association. http://www.museumsassociation.org/download?id=954916 (accessed 19 September 2016).Google Scholar
Museums Association. 2014. Disposal Toolkit Guidelines for Museums. London: Museums Association. https://www.museumsassociation.org/download?id=1075416 (accessed 19 September 2016).Google Scholar
Museums Association. 2015. Code of Ethics, 6th edition. London: Museums Association. http://www.museumsassociation.org/download?id=1151400 (accessed 19 September 2016).Google Scholar
National Museum Directors’ Council (NMDC). 2003. “Too Much Stuff? Disposal from Museums.” London: NMDC. http://www.nationalmuseums.org.uk/resources/press_releases/pr_too_much_stuff/ (accessed 19 September 2016).Google Scholar
Ormerod, David. 2011. “Theft: Committal Proceedings: Claimant Taking Goods from Outside Two Separate Charity Shops.” Criminal Law Review 6: 505–6.Google Scholar
Owen, Janet. 2004. “Who Is Steering the Ship? Museums and Archaeological Fieldwork.” In Museums and the Future of Collecting, edited by Knell, S. J., 179–84. Aldershot: Ashgate.Google Scholar
Palmer, Norman. 2009. In Palmer on Bailment, edited by Palmer, N.. 3rd ed. Sweet and Maxwell, London.Google Scholar
Robertson, Ian. 1995. “Infamous Deaccessions.” In Collections Management, edited by Fahy, Anne, 168–81. London: Routledge.Google Scholar
Scottish Law Commission. 2010. Prescription and Title to Moveable Property. Discussion Paper No. 144. Edinburgh: Scottish Law Commission.Google Scholar
Scottish Law Commission. 2012. Prescription and Title to Moveable Property. Report No. 228. Edinburgh: Stationery Office.Google Scholar
Scottish Law Commission. 2015. Prescription and Title to Moveable Property (Scotland) Bill: Consultation. Edinburgh: Scottish Law Commission.Google Scholar
Silberman, Neil. 2015. “Is Every Sherd Sacred? Moving beyond the Cult of Object-Centred Authenticity.” Journal of Eastern Mediterranean Archaeology and Heritage Studies 3, no. 1: 61–63.CrossRefGoogle Scholar
Sonderman, R. C. 1996. “Primal Fear: Deaccessioning Collections.” Common Ground 1, no. 2. https://www.nps.gov/archeology/cg/vol1_num2/fear.htm (accessed 19 September 2016).Google Scholar
Spalding, Vicky. 2005. “Wanted: A Good Home for These Vessels …” Te Ara: Journal of Museums Aotearoa 30, no. 1: 34–35. http://www.museumsaotearoa.org.nz/sites/default/files/te_ara/3312_-_vicky_spalding_-_deaccessioning_101.pdf (accessed 19 September 2016).Google Scholar
Stephens, H. H. 2011–12. “All in a Day’s Work: How Museums May Approach Deaccessioning as a Necessary Collections Management Tool.” De Paul Journal of Art, Technology and Intellectual Property Law 22: 119–81.Google Scholar
Ulph, Janet. 2015. “Dealing with UK Museum Collections: Law, Ethics and the Public/Private Divide.” International Journal of Cultural Property 22, no. 2–3: 177–204.CrossRefGoogle Scholar
Ulph, Janet. 2016. “The Museum Association’s Code of Ethics 2015.” Art Antiquity and Law 21, no. 2: 143–56.Google Scholar
Vecco, Marilena, and Piazzai, Michele. 2015. “Deaccessioning of Museum Collections: What Do We Know and Where Do We Stand in Europe?” Journal of Cultural Heritage 16, no. 2: 221–28.Google Scholar