Those involved with curating collections or exhibits engage with types of laws and regulations discussed elsewhere on this websiste such as when contracts are written, work is insured, liability discussed, and authenticity considered. Documentation is therefore a key activity from the legal perspective. Legal issues unique to curating arise when the materials involved include items of archaeological and/or historical importance, and when the collections are owned by the government. There has never been a clear line between materials that are defined as “archaeological” and those perceived as “art”; archaeological materials that are not protected often enter the art market.
Curating Heritage Materials
An introduction to federal law regarding the statutes requiring protection of the nation’s historical and archaeological heritage.
U.S. Army Corps of Engineers, St. Louis District [www.mvs.usace.army.mil]
Mandatory Center of Expertise for the Curation and Management of Archaeological Collections/Curation and Archives Branch: History
This website provides succinct overviews of each of the diverse laws and regulations at the federal level that mandate protection of the nation’s historical and archaeological heritage.
National Park Service of the U.S. Department of the Interior [www.nps.gov]
Archaeology Program/Laws, Regs, Policies, and Ethics
An overview of the range of laws and regulations that apply to those who discover items that need to be preserved in the course of working in the natural environment.
Department of Defense Legacy Program [www.dodlegacy.org]
Department of Defense Legacy Program/Legacy Resource Management Program
Many states also have laws regarding protection of heritage materials. Here is New York State law regarding its archaeological collections.
New York State Museum [www.nysm.nywed.gov]
New York State Museum/Curation of Archaeological Collections at the New York State Museum
Guidelines for obtaining information about the provenance of works of art – particularly archaeological materials and ancient art – so that acquisition is undertaken legally.
Association of Art Museum Directors [www.artic.edu]
Association of Art Museum Directors/Report on Acquisition of Archaeological Materials and Ancient Art
Documenting a Collection
Having thorough documentation of a collection for which you are responsible can be critical for many legal purposes, from disaster recovery through insurance and taxation to sales and evaluation of provenance.
Art-care.com [art-care.com]
Carol Hagen/Collections Management: Is Your Collection Properly Documented?