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Collections Law & Ethics

Galleries, Libraries, Archives & Museums

Author

,

ISBN

9781760025564

Publication date

15/08/2025

Format

Paperback

AUD $89.95 gst included

Coming soon...

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).

Preface
Acknowledgments
Introduction
PART A: Overarching issues
Chapter 1 Institutional structures and governance
Chapter 2 The threads of law
Chapter 3 Ethics framework
Chapter 4 Cultural respect for First Peoples
Chapter 5 Freedom of expression
Chapter 6 Insurance and indemnification

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

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

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

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

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