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Collections Law & Ethics eBook

Galleries, Libraries, Archives & Museums

Author

,

ISBN

9781760025571

Publication date

23/09/2025

Format

eBook

Page extent

448

AUD $89.95 gst included

Collections Law & Ethics addresses the key legal and ethical issues that arise in public museums, galleries, libraries and archives in Australia and New Zealand. How a collection meets these issues affects the reputation of both the organisation and everyone associated with it.

The authors, Shane Simpson and Ian McDonald, both pre-eminent cultural property lawyers, have decades of experience advising collecting and other cultural organisations throughout Australia and New Zealand and this book distils that expertise into a comprehensive, practical text.

They discuss all the main legal and ethical issues that commonly arise in public collections. Topics include:

  • key areas of law, including contract, copyright, bailment, limits to freedom of speech;
  • ethical issues and frameworks, including in relation to First Nations peoples and materials;
  • core collection activities such as acquisitions, loans, touring, deaccessioning and disposal of collection material, with specific chapters also on import and export, repatriation and restitution of cultural material;
  • legal and ethical issues arising from technological advances, including NFTs and AI, and how to handle “new media” collection materials such as digital and AV works;
  • merchandising, sponsorships, philanthropy and consultancies; and
  • the duties to visitors, volunteers, and the responsibilities of staff and board.

Written in plain English, Collections Law & Ethics includes extensive references to legislation and case law, and provides real-life examples, checklists and practical advice. An invaluable book for anyone working in, or advising, a public collecting organisation (and a first-of-its-kind when it comes to New Zealand).

Foreword by Professor Larissa Behrendt AO
Acknowledgments

INTRODUCTION

PART A: OVERARCHING ISSUES
1. Structures
2. Legal threads
3. Ethical threads
4. Cultural respect for First Peoples
5. Freedom of expression

PART B: THE COLLECTION
6. Insurance and indemnification
7. Acquisitions
8. Due diligence: title, provenance and authenticity
9. Digitising collection material
10. Providing access
11. Deaccessioning
12. Disposal
13. Importing and exporting collection material
14. Repatriation of cultural material
15. Protecting collections during periods of armed conflict


PART C: EXHIBITIONS AND TOURING
16. Developing exhibitions
17. Creative services agreements
18. Loans
19. Touring exhibitions
20. Couriers
21. Public programs


PART D: GENERATING INCOME
22. Merchandising
23. Sponsorship
24. Philanthropy
25. Undertaking Consultancies


PART E: PEOPLE
26. The public
27 Volunteers
28. Staff and senior management
29. The Board

Index

Read the Foreword by Distinguished Professor Larissa Behrendt AO

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