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The law relating to the museum sector is complex. This is due in part to the variety of governance structures; for example, amongst other possibilities, museums may exist as a company or charitable trust, or both, or may be under local authority control. Objects in the collection may be on loan, or they may be held on trust, or owned by a company, or by a local authority. Furthermore, whereas special legislation applies to national museums, different statutory sources need to be considered in relation to local authorities. Yet there is no book covering both law and museum ethics to help guide museums in relation to the management of their collections. Museums strive to maintain public trust and confidence in a challenging financial climate and the need for information to assist them in arriving at informed judgments has never been stronger. The results of this project will include, amongst other outputs, a book discussing how legal and ethical principles apply to museum collections, and a Report on the Legal Status of Museum Collections. The book will make a unique and scholarly contribution to the fields of law, museum studies and cultural studies. The book will provide information and practical advice for museums. A number of public bodies in the museum and charity sector have expressed strong support for this work and I will consult these bodies, and others, as this work progresses. I will provide opportunities for professionals to raise issues which concern them, such as by participating in the Museums Association's annual conference and at other national and regional conferences and workshops. This level of consultation will ensure that the contents of my outputs remain relevant. Museums currently have insufficient guidance on a number of topics. For example, many museums possess items which were collected in the past but where no record exists in relation to their acquisition. This is a problem which has created immense difficulties for museums. The book will address these pressing concerns, providing legal and ethical guidance for curators, managers and governing bodies. In this context, it will explore the possibilities for law reform, examining recommendations made by the Scottish Law Commission and considering the potential for a more limited legislative reform for all museums in the UK. In a fast-changing world, museums are expected to develop new strategies to enhance public access to their collections. This research will therefore cover legal and ethical issues relating to art loans, providing guidance and discussing pitfalls. It will also provide impartial information relating to legal structures. For example, charitable status may offer independence, financial advantages, and better protection to the collection. The recent court decision involving the Wedgwood Museum Collection has highlighted the risks involved where a public collection is affected by a company insolvency. The decision demonstrates how important it is to disseminate information about the law to ensure that there is responsible decision making. Although this project is ambitious in scope and addresses entirely underresearched areas, it is manageable because it builds upon my accumulated expertise. I acquired knowledge relating to deaccessioning and sale of objects from museum collections, together with experience of working with public sector bodies, during the course of a 50% AHRC Placement Fellowship. I have written on the law relating to acquisition of cultural items by museums in a book discussing strategic measures to combat the illicit trade in art and antiquities. Some matters, such as the law relating to insolvency and corporate governance, involve drawing on expertise gathered when I wrote a substantial book on the law of commercial fraud. However, the outputs from this new project will also involve a close examination of museum ethics and how these principles interact with the law.
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