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Legal status of a museum deposit: selected issues

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Gwoździewicz-Matan P.

Muzealnictwo

2022

vol. 63

47-52

Looking at the issue of museum deposit from a purely ‘normative’ perspective, it can be concluded that the legal status of this group of objects is not clear. Therefore, a question should be asked about the features that distinguish deposits from other objects, in particular those made available for presentation at an exhibition, preparation of an expert opinion or conservation (referred to in museum practice as ‘borrowed’ objects). Deposits have a stronger ‘relationship’ with the museum, in which they were entered in the deposit book, than objects only accepted for exhibition (lent by a third party), but this feature is not directly reflected in the applicable regulation. There is also no specific time limit in the regulations: how long can the ‘ordinary’ lending last, and when it would be appropriate to conclude a deposit agreement. The analysis of museum practice proves that museums use contracts interchangeably referred to as deposit, safekeeping, lending or borrowing. Adopting an incorrect qualification may have certain consequences, and an institutionalized entity, such as a museum, should ensure that the above-mentioned issues are precisely defined and that they use appropriate contracts for specific situations. The considerations contained in the article are based on the applicable legal regulation and concern, inter alia, the consequences of treating the deposit as an element of museum collections, ‘systematizing’ the so-called official deposits and the use of the image of deposits.

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Legal status of a museum deposit: selected issues