Legal Issues in Museum Administration
Scope and Purpose
This annual course of study, comprising more than seventeen hours of instruction, provides museum directors, administrators, trustees, legal counsel, and others who are concerned with museum operations with awareness of the legal issues and problems that they will encounter. Primary emphasis is on new materials. However, the course is structured so that considerable familiarity with the subject matter is not required. Every attempt is made to provide practical information and to present ways of avoiding and solving expected problems.
This year, special emphasis is given to the legal issues and best practices in collecting and exhibiting antiquities, changing the museum legal structure and operating within a parent organization, and expanding the museum virtual presence through pods or blogs.
All questions are presented from the legal point of view. However, no attempt is made to draw an arbitrary line between legal aspects and matters of policy. Time is reserved throughout the program to address registrants’ written questions.
Planning Chairs
Rachelle V. Browne, Associate General Counsel, Smithsonian Institution, Washington, D.C., Program Chair
Ildiko P. DeAngelis, Director, Museum Studies Program, George Washington University, Washington, D.C.
James R. Gilson, Vice President and General Counsel, Natural History Museum of Los Angeles County, Los Angeles
Rebecca L. Murray, Associate Counsel, Metropolitan Museum of Art, New York, Arrangements Chair
Christine Nicholson, Associate General Counsel, Smithsonian Institution, Washington, D.C.
Adine K. Varah, Deputy City Attorney, San Francisco
Helen J. Wechsler, Director, Strategic Initiatives and Special Projects, American Association of Museums, Washington, D.C.
Maureen Whalen, Associate General Counsel, The J. Paul Getty Trust, Los Angeles
Faculty
Lawrence H. Berger, General Counsel, Philadelphia Museum of Art, Philadelphia
Bernadette G. Callery, Museum Librarian and Head, Library and Archives, Carnegie Museum of Natural History, Pittsburgh
Stephen W. Clark, Deputy General Counsel, Museum of Modern Art, New York
Sharon H. Cott, Vice President and General Counsel, Metropolitan Museum of Art, New York
Jeffrey P. Cunard, Debevoise & Plimpton LLP, Washington, D.C.
Larry Dubinski, Vice President of Development and General Counsel, Franklin Institute, Philadelphia
Peter C. Erichsen, Vice President, General Counsel and Secretary, The J. Paul Getty Trust, Los Angeles
Sharon M. Erwin, Law Offices of Sharon M. Erwin, L.L.C., Philadelphia
Simon J. Frankel, Covington & Burling LLP, San Francisco
Derek A. Gillman, Executive Director and President, The Barnes Foundation, Merion, Pennsylvania
Marian A. Godfrey, Managing Director, Culture and Civic Initiatives, The Pew Charitable Trusts, Philadelphia
Robert E. Goldman, Fox Rothschild LLP, Warrington, Pennsylvania
Fredric H. Goldstein, General Counsel, Los Angeles County Museum of Art, Los Angeles
Lauryn H. Guttenplan, Associate General Counsel, Smithsonian Institution, Washington, D.C.
Barbara T. Hoffman, Hoffman Law Firm, New York
John E. Huerta, General Counsel, Smithsonian Institution, Washington, D.C.
Elaine L. Johnston, Assistant General Counsel, Smithsonian Institution, Washington, D.C.
Stephen J. Knerly, Jr., Hahn Loeser + Parks, LLP, Cleveland
Richard S. Levick, President and Chief Executive Officer, Levick Strategic Communications, LLC, Washington, D.C.
Lawrence K. Mendenhall, Senior Officer, Legal Affairs and Associate General Counsel, The Pew Charitable Trusts, Philadelphia
Brett I. Miller, Morgan, Lewis & Bockius LLP, Washington, D.C.
Michael W. Monroe, Executive Director, Bellevue Arts Museum, Bellevue, Washington
Michael J. Ossip, Morgan Lewis & Bockius LLP, Philadelphia
Maria Pallante, Associate General Counsel and Director of Licensing, The Solomon R. Guggenheim Foundation, New York
Abraham C. Reich, Fox Rothschild LLP, Philadelphia
Celia Roady, Morgan, Lewis & Bockius LLP, Washington, D.C.
Elizabeth R. Salasko, Associate General Counsel, University of Pennsylvania, Philadelphia
Lorraine A. Sciarra, Senior University Counsel, Princeton University, Princeton, New Jersey
Marsha S. Shaines, Deputy General Counsel, Smithsonian Institution, Washington, D.C.
James C. Snipes, Covington & Burling LLP, San Francisco
Lauren B. Steinfeld, Chief Privacy Officer, University of Pennsylvania, Philadelphia
Martin Sullivan, Executive Director and Chief Executive Officer, Historic St. Mary’s City, St. Mary’s City, Maryland
Stephen K. Urice, Associate Professor of Law, University of Miami School of Law, Coral Gables, Florida
Ralph G. Wellington, Schnader Harrison Segal & Lewis LLP, Philadelphia
Courtney B. Wilson, Executive Director, Baltimore & Ohio Railroad Museum, Baltimore
Program Schedule
TUESDAY, MARCH 13, 2007
7:30 a.m. Registration and Continental Breakfast
8:00 a.m. Optional Session: Introduction to International Law – Ms. Erwin
8:45 a.m. Continental Breakfast (continued)
9:00 a.m. Introductory Remarks
9:10 a.m. Course Overview
ANTIQUITIES AS CULTURAL PROPERTY: DEALING WITH THE PAST, LOOKING TO THE FUTURE
9:30 a.m. Introduction to Key Issues and Legal Framework – Messrs. Knerly, Sullivan, and Urice
10:15 a.m. Acquisition and Exhibition Best Practices - Mss. Johnston and Murray and Mr. Knerly
11:00 a.m. Networking Break
11:15 a.m. Resolving Disputes – Messrs. Clark and Snipes and Ms. Johnston
12:15 p.m. Questions and Answers
12:30 p.m. Luncheon and Address - The Integrity of Collections – Mr. Gillman
MUSEUM REGULATORY AND FINANCIAL ISSUES
2:00 p.m. Tax and Legislative Update Including the Pension Protection Act of 2006 (Fractional Gifts and 990 Disclosures) and Executive Compensation – Mss. Roady and Shaines
3:15 p.m. Networking Break
3:30 p.m. "What’s a Name Worth": Naming Rights and Donor Recognition as Fund-Raising Strategies – Mr. Dubinski and Mss. Pallante and Salasko
4:00 p.m. Questions and Answers
4:15 p.m. The Lawyer’s Role in Crisis Management – Ms. Cott and Messrs. Erichsen, Huerta, and Levick
5:15 p.m. Adjournment for the Day
6:00 p.m. - 8:00 p.m. Networking Reception for Registrants and Faculty at Philadelphia Museum of Art
THURSDAY, MARCH 15, 2007
7:30 a.m. Continental Breakfast
8:00 a.m. Optional Session: Introduction to the American Legal System – Mr. Wellington
8:45 a.m. Continental Breakfast (continued)
THE EVOLUTION, ADAPTATION, AND SURVIVAL OF THE MUSEUM
9:00 a.m. The State of the Museum – Mss. Godfrey and Wechsler
9:30 a.m. Case Histories: Beginnings, Successes, and Failures – Messrs. Monroe and Wilson
10:00 a.m. Potential Solutions: Mergers, Partnerships, Collaborations, Transfers, and Other Fundamental Changes for Evolving Museums – Messrs. Berger and Gilson and Ms. Guttenplan
10:45 a.m. Networking Break
11:00 a.m. Legal and Business Models for Museums Operating Within Non-Museum Parent Organizations – Mss. Sciarra, Varah, and Wechsler and Mr. Sullivan
12:00 noon Questions and Answers
12:30 p.m. Lunch Break (on your own)
2:00 p.m. CONCURRENT SESSIONS
*Nuts and Bolts of Standard Auction House Practices, eBay, and On-Line Auction Purchases and Sales – Ms. Browne and Mr. Goldstein
*Document Retention: Best Practices and Lessons Learned – Mss. Callery and Nicholson
*Who Can Sue the Museum: The Evolving Doctrine of Legal Standing – Mr. Mendenhall
3:00 p.m. CONCURRENT SESSIONS
*Privacy Issues and the Museum’s Workforce: From Screening to Providing References for Applicants, Employees, and Volunteers – Mr. Ossip and Ms. Steinfeld
* Artists and Scholars in Residence at the Museum: Risks, Rights, and Releases –Mss. Browne and Hoffman
* Legal Ethics: Who is The Client? – The Museum Board, Officers, Employee, or the "Public" –Messrs. Goldstein and Reich
* This session will be part of the live video webcast.
4:00 p.m. Networking Break
4:15 p.m. Recent Developments Involving Stolen Collection Objects – Mr. Goldman
4:35 p.m. Litigation Update – Mr. Clark
5:15 p.m. Adjournment for the Day
6:00 p.m.-7:30 p.m. Networking Reception for Registrants and Faculty at Pennsylvania Academy of the Fine Arts
FRIDAY, MARCH 16, 2007
7:00 a.m. Continental Breakfast
7:30 a.m. Optional Session: Introduction to Copyright, Trademark, and Rights of Publicity - Mr. Miller
8:15 a.m. Continental Breakfast (continued)
MUSEUM COLLECTIONS AND INTELLECTUAL PROPERTY: CASTING A WIDER NET
8:30 a.m. Making Your Mark: Creating and Protecting Museum Trademarks, Logos, and Names – Mr. Miller and Ms. Pallante
9:00 a.m. Can a Museum Control Use of its Public Domain Collection Objects? Copyright, Licensing, and Reproduction Policies – Mr. Frankel and Ms. Guttenplan
9:30 a.m. Questions and Answers
9:45 a.m. Networking Break
10:00 a.m. Pods and Blogs: Museums in the Virtual World – Messrs. Cunard and Gilson and Ms. Whalen
11:30 a.m. Questions and Answers
11:45 a.m. Adjournment
Total 60-minute hours of instruction: 17.75, including one hour of ethics
Educational Objective: Development of initial level of competency; acquisition of knowledge and skills; maintenance of professional competence; provision of information on recent legal developments
Level of Instruction: Orientation
Here's what registrants have said about this course:
Terrific course and a great group of people. I learned a lot and the materials will be invaluable.
The course is excellent and the quality of speakers and presenters was very good. I was extremely satisfied with the course and plan to attend next year.
Good course! I plan to attend or send staff in the future.
Excellent course – topics were very appropriate, at least to some of my challenges. All the speakers were obviously well informed and the majority were excellent presenters.
Course was great. Great mix of attorneys and museum professionals. All attendees benefit from the course. Well done.
I am never disappointed by the articulate, knowledgeable presenters at this conference. And I am always expected to stretch my mind and question assumptions and experiences in the most astonishing ways.
It’s like spring cleaning for the mind! Thank you again for another edifying and excellent conference.
