Penn Art Policy

The University of Pennsylvania Art Collection policy provides guidance for major issues associated with appropriate management of the Art Collection.


THE UNIVERSITY OF PENNSYLVANIA ART COLLECTION

The University of Pennsylvania Art Collection contains more than 6,000 art objects, which have significant aesthetic, historical and market value. Most of the University of Pennsylvania Art Collection is on public display throughout the campus. The following new art policy which replaces the 1991 art policy has been prepared to provide guidance to all members of the University community responsible for University artwork in their care.

The University of Pennsylvania Museum of Archaeology and Anthropology, Architectural Archives, and University Archives and Records Center have their own collection management policies.

UNIVERSITY OF PENNSYLVANIA ART COLLECTION POLICY

I. The Present Collection

The University of Pennsylvania Art Collection is an asset owned by the Trustees of the University and, as such, is the responsibility of the Office of the Treasurer. The Office of the Treasurer has charged the Office of the Curator with the management of the University Art Collection and the maintenance of the University Art Collection database. Management of the University Art Collection includes evaluating the suitability of proposed art gifts; examining legal concerns including reproduction rights of proposed donations; registering art objects; providing that art objects are used in accordance with the terms of the gift; and advising responsible parties concerning the maintenance and conservation of art objects.

Care of art objects is the responsibility of those who have the use of them. In most instances, deans and department heads have delegated this responsibility to building administrators. Deans and department heads should advise the Office of the Curator if a staff member other than a building administrator is designated responsible for University artwork.

Care of borrowed art objects includes transportation to and from the Art Collection storage area, framing art objects appropriately when required, installation of artwork, notification of any changes in the condition of borrowed artwork and restoration when necessary. If artwork borrowed from the Art Collection is returned to the Office of the Curator in a condition notably deteriorated from the time of the loan, the borrower will be charged for necessary repairs or restoration. If the borrower of artwork wishes to relocate artwork for any reason, a request must be sent for approval to the Office of the Curator. All changes in condition and location will be entered into the Art Collection database. If relocation of artwork entails relocating off-campus, then notification of this must be provided to the Office of Risk Management and Insurance.

II. Acquisition by Contribution

All proposals for contributions of art objects should be referred to the Office of the Treasurer, the Office of the Curator and the Office of the Vice President for Development and Alumni Relations.

Often prospective gifts of art are offered to deans, department heads, development officers and other administrators. Administrators may accept art gifts providing the following procedures are implemented:

1. Proposed gifts of art should be referred to the Office of the Treasurer, the Office of the Curator and the Office of the Vice President for Development and Alumni Relations.

2. The Art Collection Advisory Committee will review proposed gifts of art for suitability, current condition, maintenance requirements, title, copyright, provenance, and compliance with the Convention on Cultural Property 1/83 and the UNESCO Convention on Means of Prohibiting and Preventing Illicit Import, Export, Transfer of Ownership of Cultural Property.

3. The Office of the Curator will advise and discuss the Art Collection Advisory Committee's decision to accept or to reject an art object(s) with all parties concerned. It is understood that particular circumstances may make it desirable to accept an art object for reasons other than aesthetics or high market value.

4. When a gift of art is received, the Office of the Curator will acknowledge the Deed of Gift, prepare and distribute a Gift Transmittal to the Office of the Vice President for Development and Alumni Relations and the Office of the Treasurer; and send the IRS 8283 form to the Office of the Treasurer for acknowledgment and return to the donor.

Generally, it is the responsibility of the donor to deliver the artwork to campus. The Art Collection Advisory Committee may defer this responsibility to the recipient school or department or the Office of the Treasurer.

5. Artwork may be accepted for the benefit of a particular school or program subject to the deaccession provisions noted in Section IV. Deaccessioning.

6. Donors will be requested to provide cash support of 10% of the appraised value of the gift of art for the maintenance of the artwork. If an appraisal is not available, the donor will be asked to provide a 10% cash support based on the donor's evaluation. For a gift of multiple artworks, the cash support may be negotiated with the Office of the Curator. If the artwork is of particular value to the University, the cash support may be waived.

III. Acquisition by Purchase.

Any artwork purchased with University funds that is valued over $ 1,000.00 should be registered with the Office of the Curator. Invoices and copyright documentation should be acquired from the sales agent. Copies of invoices and copyright documentation should be sent to the Office of the Curator.

IV. Deaccessioning Works of Limited or No Value

The permanent removal of an art object from the University of Pennsylvania Art Collection necessitates serious consideration. Generally, art objects are deaccessioned because of practical considerations such as the costs of storage, maintenance or restoration.

To deaccession an art object the University's legal ownership must be confirmed and any special restrictions the donor and/or artist may have placed on the artwork's use or disposition must be considered. The Office of the Curator will consult with the Office of the General Counsel with respect to all such restrictions. The donor and/or artist or their respective estates may be notified of a pending disposal of artwork to insure good will even if there is no legal requirement to notify the donor or artist.

Deaccession of artwork acquired through the 1% Fine Arts Program of the Philadelphia Redevelopment Authority is subject to existing contractual agreements with the Philadelphia Redevelopment Authority.

The Art Collection Advisory Committee will evaluate requests to deaccession art objects and to exchange art objects; vote by majority to deaccession and to exchange art objects; and authorize the Office of the Curator to deaccession or to exchange art objects. The Office of the Curator will notify the President of all deaccessions and refer proposed deaccessions or exchanges of art objects appraised at $ 100,000.00 or above for the President’s approval. Art objects at an appraised value of $100,000 or above that are deaccessed should be reported to the Office of Risk Management and Insurance.

Exchanged art objects will enter the University Art Collection. Special consideration for receiving exchanged art objects will be given to any school or department that has provided artwork for exchange.

In accordance with the Internal Revenue Code, the Office of the Curator will notify the Office of the Treasurer if a deaccession is to occur within two years of the receipt of the donation.

If artwork from the University Art Collection is sold, proceeds will be distributed to the Office of the Curator with the following exceptions:

a. Proceeds derived from the sale of artwork donated to benefit a particular school or program will be distributed as follows:

1). 90% to the school or program designated by the donor.

2). 10 % to the Office of the Curator.

b. If historic and significant artwork appraised at less than $ 100,000.00 and commissioned by or donated to a particular school is sold, 90% of the proceeds will be distributed to the school and 10 % to the Office of the Curator. A sliding scale formula (to be determined by the Art Collection Advisory Committee) is recommended for distribution of proceeds for historic and significant artwork with a market value exceeding $ 100,000.00.

If stolen artwork is not recovered and the Office of Risk Management and Insurance obtains insurance company recoveries for lost art property, payments will be distributed to the Office of the Curator. If artwork is damaged or destroyed as a result of an insurable incident and the Office of Risk Management and Insurance obtains insurance company recoveries, payments will be distributed to the Office of the Curator.

A school or department wishing to deaccession a work of art shall make a request in writing to the Office of the Curator, citing the reasons for such a request, as well as any gift restriction and any special circumstances known to the school or department.

Deaccessioning Works of Limited or No Value:

A. Criteria for Deaccessioning Works of Limited or No Value

1. The decision to deaccession a work of art should be made based upon consideration of its physical condition, overall quality, and relationship to mission, rather than contemporary trends, or the personal taste of the institution’s caretakers.

2. It is appropriate to deaccession an item in cases where, after appropriate consideration, the University reasonably concludes that it cannot continue to preserve or protect an object, including:

Current works in the University Art Collection inventory that are irreparably damaged, of little to no monetary or historical value, reproductions (ex. posters) of original art works; or are thematically inappropriate for public display, and

Art works currently in storage at 5001 Market St. that are irreparably damaged or deemed unexhibitable

B. Protocol for Deaccessioning

The Art Collection Advisory Committee will evaluate requests to deaccession art works that are irreparably damaged, of little to no monetary or historical value, or that are thematically inappropriate for public display; will vote by majority to deaccession such artworks; and will authorize the Office of the Curator to remove these objects from the University’s Art Collection and inventory. All art works below $ 5,000 in value may be considered for deaccession following this protocol. Due diligence in reviewing deeds of gifts and donor’s intent should be completed prior to deaccessioning. The Curator’s Office will submit images and a proposed list of works to each Committee member for their review prior to voting for deaccession. In the event of irreparably damaged works, the Curator’s Office should appropriately dispose of them. Works of little or no value may be deaccessioned by auction, given away at a public event, or disposed of, as determined by the Art Collection Advisory Committee.

Artworks above $ 5,000, in the “core” collection should follow the previously established deaccession protocol as stated in the University of Pennsylvania Art Collection Policy (updated 2010).

V. Loans

Generally, institutional loans of University artwork are arranged by the Office of the Curator. There is a $ 250.00 Office of the Curator processing fee for the loan of an artwork. A school or department planning to arrange a loan is responsible for advising the Office of the Curator and the Office of Risk Management and Insurance of the terms of the loan and scheduled exhibition dates and requiring the following credit line to be placed in proximity to the loan and in related publications “Courtesy of the University of Pennsylvania Art Collection, Philadelphia, Pennsylvania.” The Office of the Curator should receive copies of loan agreements and collateral publications in which loaned University artwork is published.

VI. Reproduction of Artwork and Reproduction of Artwork for Publication

Requests to reproduce University artwork should be referred to the Office of the Curator. The University can grant such permission only to the extent of its ownership interest in the artwork. Ownership will be confirmed by the Office of the General Counsel and the Office of the Curator. Approval of artwork reproduction and photo-reproduction requests is dependent upon the approval of the Office of the Curator.

The Office of the Curator will process reproduction contracts. The reproduction contract includes reproduction terms, a University credit line (acknowledgment to appear on label or publication), and a reproduction fee schedule and usage fee for applicants. Associated fees will be distributed to the Office of the Curator.

Fees for reproduction of large art objects will be determined by the Art Collection Advisory Committee on an ad hoc basis. The University Art Collection is not only a significant University asset; it is an important historical, cultural and educational resource. Your support of and adherence to the University Art Collection policy is vital to preserving this considerable resource.