COLLECTION MANAGEMENT POLICY

THE MEMORIAL ART GALLERY OF THE UNIVERSITY OF ROCHESTER

Approved by the Art Committee of the Board of Managers
June 25, 2022

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Statement of Purpose and Mission Statement
Purpose of this policy: To establish rules, guidelines and procedures for the acquisition,loan, care, preservation, public access, and deaccessioning of items in the collections of
the Memorial Art Gallery of the University of Rochester, hereinafter referred to in thisdocument as “MAG”. For further information about the relationship of the MAG collection
to the University of Rochester, see the document By-laws of the Memorial Art Gallery of
the University of Rochester, as amended June 25, 1997.
Mission Statement
Through art, MAG connects people, inspires fun, and ignites discovery.
Vision Statement
As the center of the conversation on creativity, MAG builds community and enriches theway we see ourselves and the world around us.

I. Art Committee
A. Members and Term of Office
The Board of Managers of MAG shall establish a collections committee. Pursuant toMAG’s bylaws, the Art Committee shall be appointed by the President of the Board
subsequent to the annual meeting of the Board and shall serve for a term of one year.
The President shall appoint one of the members of the Art Committee who is a memberof the board to serve as its Chair. The Art Committee shall consist of no fewer than fivemembers, at least a majority of whom shall be members of the Board. In addition, theDirector of MAG and the Chair of the Department of Art and Art History of the
University shall each, by virtue of such office, be an ex officio member of the Art
Committee. Permanent collection curators and the Director of the Academic Programs
Department are non-voting members of the committee.

B. Meeting Times and Policies
The Art Committee shall meet on such days, at such times and places, and upon such2

notice as it may determine. At each meeting of the Art Committee, a majority of themembers of the committee must be present to constitute a quorum for the conduct ofbusiness. The vote of a majority of the Committee members, once such a quorum has
been established, shall decide any question put before the Committee. Any action
required or permitted to be taken by the Art Committee at a meeting may be taken
without a meeting if a quorum of the Committee consents to the adoption of aresolution authorizing the action, either in writing, by telephone, in person, or byelectronic mail.

C. Powers of the Art Committee
The Art Committee shall have the jurisdiction over all acquisitions to and deaccessions
from the permanent collections of MAG, either by purchase, bequest, transfer,abandonment, exchange, gift or sale, and shall have authority to accept or reject any
gift, provided that such action of the Art Committee may be referred for review to theBoard or the Executive Committee. In determining questions with regard to acquisitions
and deaccessions, the Art Committee shall in all instances consult with the Director ofMAG, and in no case shall any work of art be accepted, acquired or sold without the
Director’s approval. The Art Committee shall perform such other duties relating to theart collection of MAG as the President or Board may determine, including theauthorization of loans of works of art to other institutions.

D. Powers of the Chair
The Chair, with the Director, will establish the dates of the meeting for the year;
convene, lead, and adjourn the meeting; and function as a liaison with the Executive
Committee and the Board of Managers. In addition, the Chair has the authority to act
for the committee in circumstances where time constraints leave no other option.

II. Curatorial Department
The Curatorial Department, a division of MAG comprised of art museum professionals, a)develops, cares for and presents the permanent collection; b) researches, documents andprovides information about and access to the collection and other works of art; c)3organizes and presents temporary exhibitions, and d) in accordance with current museum
standards and ethics for the museum, its constituents, the general public, and thescholarly community, fosters an understanding and lifelong appreciation of art and its
ability to enrich human life.

III. Acquisition Policy and Procedures
A. Scope of Collections
MAG’s permanent collection is encyclopedic, with works of art from many cultures andranging from the classical world to contemporary times. It is a valued teachingcollection for area educational institutions, and is used by all levels of educators inmany subject areas. Fine arts (painting and sculpture) as well as decorative arts
(textiles, furniture, and ceramics, among others) are represented in the collection. The
strengths of the collection are: 19th and first half of 20th century American painting,particularly Ashcan School and American landscape; medieval European painting andsculpture; 17th century Dutch and Flemish painting; British portraiture; and 19th century
French painting. Other highlights include a substantial collection of works on paper,
including prints, Asian scrolls, Indian miniatures, and drawings and paintings. In addition
to the robust representation of world art, MAG endeavors to maintain a collection ofworks of art that reflect the history and the high quality of the regional art community.
Recent efforts to strengthen the modern and contemporary collections have directedacquisition priorities.

B. General Principles
1. MAG is noted for the breadth, balance and overall high quality of its collections. It isbelieved that MAG can best serve Rochester communities and meaningfully
distinguish itself from other upstate art museums by continuing to pursue the full
spectrum of art history, rather than committing its limited funds to a single area ofspecialization.
2. Objects should not be accepted or otherwise acquired for the collections unless thefollowing conditions are met:4

a. The objects are relevant to and consistent with the purposes and activities of
MAG and are of the highest quality obtainable.
b. The works complement the existing collections either by filling identifiable gaps
or by adding significant dimension to areas already represented.
c. MAG can provide for the storage, protection and preservation of the objects
under conditions that ensure their availability for museum purposes and are in
keeping with professionally accepted standards.
d. The utility of the works for exhibition, instruction, research and publication has
been considered.
e. The availability of sufficient expertise on the MAG staff, the Rochester region or
national and international consultants to ensure intelligent evaluation and future
utilization of major acquisitions has been considered.
3. Title to all objects acquired for the collections should be obtained free and clear,
without restriction as to use or further disposition. If, on rare occasions, objects are
accepted with restrictions or limitations, however, the conditions should be statedclearly in an instrument of conveyance, should be made part of the accession
records for the objects, and should be strictly observed by MAG.
4. A legal instrument of conveyance, setting forth an adequate description of theobjects involved and the precise conditions of transfer should accompany all gifts
and purchases and should be kept on file at MAG.
5. Records of accession should be made and retained for all objects acquired for thecollections. These records should include: title, maker, dimensions, medium,
technique, and source; copies of all written opinions of authenticity or attribution;
copies of all documents of import and previous title, when available and pertinent; awritten report on the object’s condition when acquired; and a photographic recordof the object.

C. Guidelines for Acquisition: Legal Issues
1. No work of art shall be acquired by MAG unless the seller or donor of the work candemonstrate legal title to the work and/or the authority to transfer that title to MAG.
2. Works of art imported to the United States prior to their consideration for acquisition5

by MAG must be accompanied by proof of legal import, within the prevailingstatutes of limitation. Works of art in foreign ownership must be cleared for legal
import prior to final acceptance by the Art Committee.
3. Acquisitions and existing collections must comply with all applicable local, state, andfederal U.S. laws, most notably those governing ownership and import of works ofart, such as the National Stolen Property Act (NSPA), the Convention on Cultural
Property Implementation Act (CCPIA), sanctions enforced by the Office of Foreign
Assets Control (OFAC), and the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES). MAG recognizes and complies with Public
Law 101-601, the Native American Graves Protection and Repatriation Act of 1990,
as amended (NAGPRA), and the regulations promulgated thereunder. At present,
MAG’s Native North American collection does not contain human remains but does
include items of cultural patrimony that are potentially subject to repatriation under
NAGPRA. MAG staff have submitted an inventory of relevant objects to NAGPRA
and potentially affiliated Native North American tribes, and responds to all requests
from tribal organizations and cultures that request information regarding MAG’scollection of cultural items.
4. No work of art whose acquisition would represent a clear violation of international
treaty or basic principles of repose as established by AAM or AAMD guidelines shallbe acquired. MAG’s acquisitions, loans, and existing collections will be guided by theReport of the Association of Art Museum Directors’ Task Force on the Spoliation of
Art during the Nazi/World War II Era (1933-1945), the American Association ofMuseums’ Guidelines Concerning the Unlawful Appropriation of Objects During the
Nazi Era, as well as the Report of the Association of Art Museum Directors’ Task
Force on the Acquisition of Archaeological Materials and Ancient Art (revised 2013),
and the American Association of Museums’ Standards Regarding Archaeological
Material and Ancient Art.
5. Copyright to a work of art created after January 1, 1978, belongs to the author ofthat work and lasts for the author’s life plus seventy years. The transfer of title ofsuch a work does not constitute a transfer of the rights of copyright, unless thoserights are conveyed specifically by the author of the work in a written agreement. All
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transfers and licenses of copyright provided to MAG by the author of such a work
may be terminated by the author in accordance with conditions provided by federallaw.
6. New York State law requires MAG to provide potential donors with a copy of thisCollections Management Policy. A link to this document on MAG’s website will besent during discussions with donors, and the link will be included in the Gift
Agreement document as well.

D. Guidelines for Acquisition: General Procedures and Policies
1. The Director must submit for the Art Committee’s approval recommendations foracquisition. No object should come before the Art Committee without a formal
presentation by the Director or by a Curator to whom the Director has delegatedthat responsibility. While the final decision rests with the Art Committee, nothing
shall be acquired without the Committee’s knowledge of the Director’s approval and,
where relevant, the opinion of the Curator concerned. Whenever possible, thisinformation should be provided to the committee in writing in advance of its
meeting.
2. For all works proposed for purchase for the permanent collection, the Director or
his/her designee shall provide the Art Committee with a verbal justification for the
addition of work to the collection. For all works valued at $50,000 or more, theDirector or his/her designee shall also provide a written justification for thepurchase.
3. For all works valued at $50,000 or more, the Director or his/her designee shallprovide a written statement of justification by a qualified staff member, a report ofcondition, a scholarly recommendation by an expert, and a list of recent comparable
sale prices at the time the work is presented for purchase approval. The Art
Committee may request a second qualified opinion.
4. Because of inherent conflict of interest, no gift or potential gift shall be appraised bya board member, staff member, or any other person closely associated with either(see U.S. Tax Reform Act of 1984 and Internal Revenue Service regulations relating
to the act). MAG will assist the donor in finding a certified appraiser.
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5. The Art Committee is discouraged from accepting gifts of art for the collection
where completion of the gift is contingent upon MAG’s purchase of another offeringfrom the dealer or seller.
6. MAG does not accept unsolicited gifts from artists of their own work.
7. Acquisitions by purchase shall not exceed the annual budget for such purchases
unless additional proper financing has been arranged.
8. With regard to proposed gifts, the Director or Curator may take any one of thefollowing actions:a. Recommend that the work be acquired for the permanent collection;b. Accept the work for eventual sale, without being accessioned into the permanentcollection. The sale of these items may be used to support the care of thepermanent collection;c. Refuse the proposed work for the permanent collection and, with the donor’s
permission, offer it to another department or MAG entity for another use.
[Examples include the Department of Academic Programs for teaching purposes,
or the Gallery Council for the Arts & Treasures Sale (proceeds go to MAG
operating).]d. Refuse the proposed work and return it to the donor.
9. Upon receiving the recommendation of the Director or Curator, the Chair of the Art
Committee shall ask for a motion for approval from the committee. If such a motion
is made and seconded, discussion by the committee of the recommendation shallfollow. At the conclusion of the discussion, a vote of the committee’s members shallbe taken. The recommendation shall be considered approved if a simple majority ofthe members present vote for approval.
10. The Director may, at his own discretion, and with the approval only of the Chair of
the Art Committee, acquire by purchase any work or works of art which the Director
would otherwise recommend for acquisition to the full committee. However, theDirector may not expend more than a sum of $50,000 in this discretionary fashion inany single fiscal year. Subsequent to such purchases, the Director shall make areport to the Art Committee identifying the purchased work, stating the conditionsof purchase and the reasons for acquisition, and providing the results of standard
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preliminary research on the work.
11. The Art Committee will review annually its policies and procedures and change,
modify or amend them as necessary.

E. Curatorial Responsibilities, Accessioning Procedures, andMaintenance of Records for the Collection
1. The Art Committee typically will meet at least four times per year. At the firstmeeting, the Committee will vote on the collection management policy. At the last
meeting before the end of the calendar year, the Committee will vote to authorize
the Director to accept end-of-year gifts from donors.
2. It is the responsibility of the Curatorial Department to keep the Art Committee
records, including agendas and minutes. Preliminary agendas will be e-mailed toeach member of the Art Committee at least one week before every meeting. Final
agendas will be given to each member at the meeting. It is the obligation of the
Director or Curator recommending the acquisition to use due diligence indetermining the legal status and authenticity of the works being presented to the
Art Committee. A member of the Curatorial Department or designated substituteshall be present at every meeting for the purpose of taking the minutes.
Within two weeks of the meeting, the Curatorial Department will send minutes of themeeting to the Art Committee members, and the minutes will be subject to revision
and approval by majority vote at the following meeting. Before the final meeting of
the Board, the Curatorial Department will assist the Art Committee Chair in the
preparation of a final committee report, to be submitted at that meeting.
3. MAG ownership of objects shall commence in the following way:a. Gifts/bequests: MAG is considered to own the item when 1) the Art Committee
has approved the acquisition; 2) the object is physically on the premises; 3) a giftagreement has been signed and returned.
b. Purchases: Ownership commences when MAG has rendered payment for theobject, subject to any conditions of delivery.
c. Exchanges: Ownership commences when all objects involved have entered therespective institutions and have been accepted by them.
9d. Abandoned property and disposition of works found in collection: Ownershipcommences in accordance with the legal statutes Under Article 5, Section 233.aaof the New York State Education Law. MAG is guided by the advice andrecommendations of the legal department of the University of Rochester in any
abandonment proceedings.
4. Official acknowledgment will be made for gifts, typically with a letter of thanks fromthe Director to the donor. In the case of a gift by the Director, the donor will bethanked by a letter from the Chief Curator or the Chair of the Art Committee.
Invoices and check requests will be maintained in the record for purchases. Giftagreements will be sent to the donor.
5. Acquisitions approved by the Art Committee for accessioning shall be promptly
accessioned upon receipt and acceptance under a system in keeping with current
museum standards as approved by the AAM.
6. Accession numbers will be assigned chronologically according to the date ofaccession by the Registrar and a digital collection catalogue file will be maintained
to serve as an accession record. A paper file will be maintained as well for theforeseeable future.
7. The Registrar will supervise the maintenance of the collection files, including
records of the object’s location.
8. The artwork will be photographed according to the most current photography
guidelines established by the curatorial department in keeping with museum
standards.
9. Records will include all original appraisals, condition reports, movement andexhibition history, memoranda, correspondence, invoices, gift agreements,
photographs, biographical information on the artist, and other documents vital to theobject’s research and provenance. The accession record will be considered thepermanent record for the object.
10. Where possible, duplicate registration and accession records should be made andstored in separate facilities as a security precaution. The electronic records will bebacked up regularly and stored off site, consistent with MAG’s overall disasterrecovery policy.
1011. Whenever it is deemed appropriate, donors and prospective donors should be
encouraged and invited to contribute funds for the care and conservation of theirgifts of art. Willingness or unwillingness to provide such funds should not be adetermining factor in the Art Committee’s decision to accept or reject a gift foraccessioning.

IV. Care of the Collections/Conservation
MAG is first and foremost a repository of works of art, and its mission requires the care ofworks of art in its collection. Curatorial staff work closely with consulting conservators tomaintain the care of the permanent collection. MAG’s Long-range Collections Preservation
Plan sets priorities for collection care, including curatorial and condition assessment
surveys, improvements in storage and exhibit conditions, maintenance plans, andconservation treatments. MAG shall conserve works of art in accordance with the highest
standards. MAG shall provide a safe and appropriate environment for the collections, witheffective security and environmental and pest control, for the benefit of present and future
generations. MAG shall maintain a Collections Emergency Plan that is continually updated
in accordance with current best practices based on current knowledge. MAG’s standardsof care shall be maintained for works of art on loan to the museum or borrowed from themuseum.

V. Records and Inventories
MAG’s curatorial department shall maintain accurate, up-to-date records on theidentification, location, and condition of all objects in the collection, as well as of ongoing
activities such as exhibitions, loans, research and correspondence with donors, artists andscholars. These records should be recorded in MAG’s collections management database(Embark). Any original paper files regarding the acquisition of objects should also be
retained in the archives/object files. These include coherent, organized records onaccessioned, non-accessioned and deaccessioned works of art, departmental loans,exhibition loans, and works of art brought in for possible purchase or gift. All records
created or received in the transaction of MAG's proper business are the property of the11museum and must not be dispersed or destroyed except in accordance with its record
retention policy. MAG shall make available to qualified researchers and scholars materials
relating to the collections unless they are confidential or would suffer physical harm if
handled.
Curatorial staff shall make an inventory of the contents of its galleries, exhibition cases,
loans, and art storage around one-year to five-year cycles.

VI. Access to the Collections
MAG presents in temporary exhibitions and in permanent collection galleries its own works
and those borrowed from other owners. Additional access to its collections, to the public
and scholars, is available via special request to the curatorial department. This is offeredto support continuing scholarly investigation and research to document, publish, andadvance understanding of MAG’s collections as well as contribute to broader academic
and public discourses. MAG shall support and encourage awareness and understanding ofart by disseminating information through the development of publications, programs, andits website for a variety of audiences ranging from children to adult audiences andscholars.

VII. Deaccessioning and Disposing of Works of Art
A. General Policy
The best deaccession policy is a good accession policy. All accessioning anddeaccessioning should meet the highest standards of the museum profession, serve
the best interests of the community, and maintain the confidence of the public trust. In
order to meet those goals, this policy has been established to take into account legal
issues, ethical concerns, and professional standards. Evaluation of the collections is acontinuing responsibility of the curatorial staff. Collections are not static, but change
constantly as new acquisitions are added. Balances may shift and evaluation may
indicate, from time to time, the wisdom of eliminating certain objects from the12collections in favor of others.

B. Recommendation of Director or Curator
1. It is the responsibility of the staff, through continual evaluation, to recommend
objects for deaccessioning. Recommendations are presented to the Art Committeeby the Director or Curator, supported by full justification for deaccessioning,
including an explanation of why certain objects are no longer desirable for retention
and a plan for disposal.
2. Justifiable reasons for deaccessioning include:a. Lack of relevancy to mission
b. Duplicationc. Request for repatriation, or the museum determines another entity is the rightful
owner of the object
d. Fake or forgery
e. Inferior quality
f. Severe damage or deteriorationg. Inability to store or care for the object properly
h. Object has been stolen and the Gallery received an insurance claim

C. Compliance with Legal Requirements
1. Before any object is deaccessioned, clear and unrestricted title of Gallery ownershipmust be established.
2. An object must be maintained as part of the Gallery’s collection for at least 3 years
before it can be considered for deaccession.
3. Any restriction imposed on the disposition of objects will be determined and strictly
observed. If the objects were acquired by Gallery funds that were restricted as totheir use, then such restrictions shall again apply to proceeds received upon thesale of the objects.
4. Where reasonable, in the case of deaccession of the work of a living artist, theGallery will notify the artist of its intent and, if desirable to both parties, makearrangements to exchange the work for another by the artist, or to sell the work and13

apply the proceeds to the acquisition of another work by the artist.
5. Whenever possible and as a courtesy, donors or donors’ heirs are to be informed of
deaccessions. Although the Gallery may be under no legal requirements to do so,
effort should be made to solicit the approval of the donors (including the donors’
heirs, if applicable) prior to an object’s actual disposal. The Board of Managers
believes it is in the best interest of the Gallery to take this step, even though theCommittee is not necessarily bound by the wishes or attitude of donors or donors’
heirs.

D. Process of Deaccessioning
1. After meeting the above listed requirements, the Curator or Director shall present
the argument for deaccession of an object to the Art Committee, including the
preparation of the “Recommendation for Deaccession” form.
2. The work shall be present at the meeting of the Art Committee, or available instorage, unless extenuating circumstances exist, in which case a photograph of thework will be offered in its place.
3. Any object valued by the Curator or Director at more than $50,000 shall beappraised in writing by two disinterested outside parties.
4. Each object approved for deaccession must be approved by a majority vote of aquorum of the Art Committee. If the deaccession is approved, the Curator, Registrar,
Director and Chair of Art Committee shall sign the “Recommendation for
Deaccession” form.

E. Methods of Disposal
1. Objects properly approved for deaccessioning may be eliminated from thepermanent collection in any of the following ways, in order of preference:a. by being offered for sale, exchange or gift to other non-profit museums or
educational institutions; every effort will be made to keep objects of significant
local or historical interest to the area in the community;b. by being offered for sale at public auction;c. by being offered for sale or trade to a private art dealer;14

d. in special circumstances, by being offered for sale through other means, as
approved by the Art Committee;
e. by being offered to another Gallery department for another use;
f. in special cases where an object is significantly damaged and/or beyond repair
or may cause injury to staff or other collections, by destruction; in cases wherean object must be destroyed, all museum numbers shall be removed and theobject should be destroyed, under witness and beyond recognition.
2. If a suitable method of disposal cannot be found, the Gallery must keep andmaintain the objects as part of the collection.
3. In no case are deaccessioned objects offered for private sale or exchange tomuseum staff, to members of the Board of Managers or of the Art Committee, or toothers associated with the Gallery where a conflict of interest of conditions ofspecial privilege may be obtained. In addition, none of the above persons maypurchase deaccessioned objects at public auction or private sale.
4. In disposing of or retaining a presumed forgery, the museum shall consider all
ethical issues including the consequences of returning the object to the market.

F. Procedures for Disposal
1. Sale at Auction: The Director or Curator will determine the best possible auction
possibilities. The Director will set the auction reserve. After negotiation of thecommission and other contractual terms of sale, the Registrar will deliver thecontract documents to the Director or his agent for approval and execution.
The Registrar, in collaboration with the Curator, will oversee removal and sale.
2. Transfer: If the Art Committee has determined that the best use of thedeaccessioned object is transfer to another institution or another department of theMemorial Art Gallery or University, then a Transfer Agreement will be given to therecipient institution or department and a copy retained for the Memorial Art Gallery
curatorial files.
3. Sale or Trade to Dealer: The Director or Curator will determine the best possible saleor trade options. The Director will set the terms of the sale or trade. After thenegotiation of the commission and other contractual terms of sale, the Registrar will
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deliver the contract documents to the Director or his or her agent for approval andexecution. The Registrar, in collaboration with the Curator, will oversee removal andsale.

G. Use of Proceeds
1. Deaccessioning is never justified solely for the purpose of raising money. Works ofart may not be sold to defray operating costs. Such an aim is precluded by the very
nature of the Gallery as an institution exercising public trust over cultural materialsof significant aesthetic and historical value. MAG follows the guidelines establishedin Section 25 of AAMD’s Professional Practices in Art Museums (2022 update):
Funds received from the disposal of a deaccessioned work of art including any
earnings and appreciation thereon may be used only for the acquisition of works ofart in a manner consistent with the museum’s policy on the use of restrictedacquisition funds or for direct care of works of art. Direct care for purposes of thissection means the direct costs associated with the storage or preservation of works
of art. Such direct costs include for example those for (i) conservation andrestoration treatments (including packing and transportation for such conservation
or restoration) and (ii) materials required for storage of all classifications of works ofart, such as acid-free paper, folders, matboard, frames, mounts, and digital media
migration. Funds received from the disposal of a deaccessioned work of art shall not
be used for operations or capital expenses except as provided above. Direct caredoes not include (a) salaries of staff or (b) costs incurred for the sole purpose of
temporary exhibition display.
2. Funding for works acquired with monies from deaccessioned objects will be
attributed to the original donors whenever possible.

H. Records
1. An adequate record of the conditions and circumstances under which objects aredeaccessioned and disposed of should be made and retained as part of the Gallery’s
permanent collection records:
a. Recommendation of Deaccession form.
16b. Object Deaccession Checklist.
2. The accession number shall not be reassigned.
3. At the first Art Committee Meeting of each year, a report on the status of theprevious year’s deaccessions and all deaccessions disposed of that year shall begiven.
4. The collections management policy should be made available to donors or other
responsible persons on request.
5. The Gallery should make available the identity and description of objects that aredeaccessioned on its website.
6. All deaccessions sold should be itemized and reported to University Central FinanceCapital Asset Accounting for proper accounting treatment and IRS reporting.

VIII. Loans
A. All loans must be based on requests for specific objects.
B. Types of Loans
There are two types of loans: (1) loans from the collection of MAG of the University ofRochester (outgoing), and (2) loans to MAG of the University of Rochester (incoming).
Loans are made by authority of the Art Committee and effected through the Office of
the Registrar. Outgoing loan requests are directed to the attention of the Director or theCurator. Incoming loans are generated by the Curator with the approval of the Director.
A written loan agreement must accompany every loan with specifications on rights andresponsibilities of each party. The loan contract must stipulate the conditions of theloan to insure adequate storage, insurance, environmental protection, and safety
precautions during transit, handling, and use. Loan contracts are kept on file in the
Office of the Registrar. The Registrar establishes the procedures for packing andtransportation of all loans.

C. Outgoing Loans
Museum collections are maintained for the benefit of the public and objects are loaned
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to reach a wider audience and facilitate research. While on loan, objects must beafforded the same level of care and protection as provided by MAG. Because of these
considerations, loans are made only to other similar institutions, non-profit agencies,and educational organizations, or to commercial galleries when a scholarly exhibition isplanned.

Objects that may be loaned
An object(s) considered for loan must be the property of MAG or MAG must havewritten authority to lend on behalf of an owner. All objects considered for loan musthave been acquired by legal and ethical means, and be in stable condition to withstandthe rigors of being on loan. Loans may be restricted based on collection priority andcondition.

Information to be supplied at the time of loan request
All outgoing loan requests must specify the effective dates of the loan, the venue(s),and the purpose of the loan/exhibition. Each venue must provide a facilities report. In
order to be considered, a loan should be requested a year in advance of the opening
date. MAG maintains the right to consider all loans at their discretion.

Loan authorization
Upon receipt of a request for a loan from the permanent collection, the Curator will
evaluate the request based upon the criteria listed below, consult with the Director andthe Director of Education, and recommend a course of action to the Director. The
Curator will present the recommendation to the Art Committee at the next meeting, orto the chair of the Art Committee if more urgent action needs to be taken. All outgoingloans require approval by a majority vote of the Art Committee or by the Art Committee
Chair acting on behalf of the Art Committee.

Criteria for lending
In deciding whether a particular work of art should be lent from the permanentcollection to another institution, consideration should be given to the following:
1. Whether the loan is requested for exhibition as part of a temporary installation orloan exhibition by another museum, a not-for-profit or government institution to beplaced upon public exhibition, or to a commercial gallery, when the borrowed work18

is included in a scholarly exhibition;
2. Whether the exhibition or other use for which the object is being requested
represents a significant use of the work of art, in terms of scholarly interpretation,
publication, or publicity of the work;
3. Whether the work is in good physical condition to travel safely, based on theRegistrar’s opinion or the results of a conservator’s examination, the cost of which
will be borne by the borrower;
4. Whether the work is essential to the Gallery’s own education and exhibition
programs during the period of the proposed loan;
5. Whether the work has been lent extensively previously, and whether its loan again
would constitute an excessive absence from exhibition at the Gallery or risk of its
physical condition by frequent travel;
6. Whether the work will be sufficiently safeguarded during the period of loan,
including travel. A facilities report is required for the approval of any loan request;
7. Whether the requesting institution will agree to lend a comparable work from its
collection, if available;
8. When relevant, in the case of loans to institutions or venues outside the UnitedStates, the borrowing party must demonstrate to MAG’s satisfaction prior to the loanthat there is no legal question as to the Gallery’s rightful ownership of the work or
authority to lend.

Loans will NOT be considered for the following purposes:
1. To an individual or to an individual’s private office, with the exception of designatedbuildings within the University of Rochester (see E1)
2. To a private corporation, with the possible exception of loans to public galleries
maintained by those corporations, on the approval of the Director and curatorial
staff.
3. To any for-profit or non-profit institutions locally, with the exception of loans toother area museums and galleries.

Loan Period
Loans are usually for a minimum of two months and a maximum of one year. For
exhibitions with more than three venues, extra consideration should be given to the19condition of the object and the wear and tear that additional travel to more venues
would cause. Loans to extended venues may be subject to restrictions including written
evaluation (condition report) or the return of the object(s) for in-house evaluation, andassurance of current insurance valuation prior to the extended loan period.

D. Long-term loans
On rare occasions, selected objects from the permanent collection have been loaned toarea institutions on a long-term basis. These are handled like short-term loan requests,
but the loan agreement is renewed annually and the object’s condition is monitored
annually.

E. Loans to Other University Departments
Consistent with the Association of Art Museum Directors’ policy, it has been
determined by the Art Committee that requests for on-campus art will be fulfilled withworks that have been deaccessioned from the collection and determined to be ofinconsequential resale value; or art that has been donated to the Gallery but notaccessioned. Art in these two groups shall form a “Loan Collection.”
1. Loans of work from the “Loan Collection” may be made to the University ofRochester for a limited list of spaces: Witmer House (the President’s House); Barry
House (the Provost’s House); Wallis Hall (Administration Building).
2. All loans must comply with the following guidelines:
a. Appropriate and safe location with climate control and security that have been
approved by the MAG registrar;
b. Location in public spaces that are accessed routinely or during University andcommunity events; art is not to be placed in private quarters not typicallyaccessed by the public, such as bedrooms and studies;c. Loan period is for one year, subject to renewal;d. Artwork is to be prepared by MAG staff and routinely will include protective
glazing (glass) and security hanging hardware as deemed appropriate andnecessary by MAG registrar or designee; the borrower may be held responsible
for charges incurred in preparation of the work for loan;
20

e. Installation of artwork to be overseen by MAG registrar or designee; if artworkneeds to be moved for any reason, MAG registrar or designee needs to supervise
movement;f. ID label must be placed with artwork;g. Artwork is subject to recall at any time if needed for loan to another museum, if
location or environmental conditions are not appropriate for the artwork, or for
any other reason deemed necessary;h. If conservation or reframing is deemed necessary for an artwork requested forloan, the cost shall be borne by the borrower;i. Pursuant to the adoption of this policy, an appropriate River Campus
representative shall be identified to be the on-site liaison with the MAG registrar.
This person will have responsibility for inspecting the artwork periodically todetermine if environmental and security standards are being met.

F. Procedural Follow-Up to the Art Committee Meeting
Notification: If the Art Committee has turned down the request, the borrowing
institution will be notified as soon as possible and given a reason for the denial of theloan.
If the Art Committee has agreed to the loan, the borrowing institution will be notified assoon as possible, and terms of the loan agreement (including any restrictions
recommended by the Art Committee) will be settled. The costs of borrowing the work
(including loan fee, conservator’s examination, packing, shipping, insurance andinstallation) will be borne by the borrower, unless another arrangement is made andconfirmed in advance by the borrower.

Examination by Conservator
Any object requested for loan will need an examination by a conservator either prior to
the art committee meeting if at all possible or as soon as possible after the loan has
been approved. The cost of an examination will be borne by the borrowing institution
whether or not the loan is approved or deemed in sufficiently good condition to lend. If
conservation is recommended, the loan will be contingent upon the borrower’s
willingness to pay for treatment and related costs, including transport of the object to21and from the laboratory, if necessary. When appropriate and approved by the Curatorin-Charge and Registrar, treatment may be provided by the borrowing institution.

Condition Report
The registrar will complete a detailed condition report prior to the work being packed. A
condition report is required from the borrowing institution upon receipt of the loaned
object(s) and prior to packing for return to MAG.

Shipping and Transport
The loan will be packed and shipped in a manner stipulated by the Registrar. Generally
speaking, all loans to venues outside the United States require the services of a courier.
For other venues, the services of a courier are subject to the Registrar’s, Curator’s, andCurator-in-Charge’s judgment. If, prior to the loan period, it is deemed that there is ahigher than normal travel risk, it is MAG’s prerogative to cancel the loan.

Damage or Loss
Damage or loss of an object(s) while in transit or during the loan period must bereported verbally immediately and followed up in writing to the Registrar. Insurance
claims for damaged or lost objects are the responsibility of the Registrar. An object(s)on loan cannot be altered, moved, cleaned, or repaired unless permission to do so is
authorized in writing by the Registrar.

Insurance
Insurance coverage for all objects sent out on loan is required. Normally, insurance
coverage is provided by the borrowing institution. Current and reasonable insurance
valuations are the responsibility of the Curator, who will provide the valuation orcontract with an appraiser to provide the information. All other insurance matters are
the responsibility of the Registrar. Insurance is part of adequate security and confirmsthat resources are available for payment of damages or replacement of the loaned
object(s). Under all circumstances, insurance is all risk, wall-to-wall coverage. A
certificate of insurance is required from the borrowing institution, naming MAG of the
University of Rochester as additional insured, prior to transportation of the loaned
objects and is kept on file in the Registrar's office.
The borrower must provide a copy of their institution’s fine arts insurance policy for22review by the University of Rochester Risk Management office to be sure that theinsurance is adequate and acceptable.
Cancellation or changes in insurance coverage necessitate immediate written notice to
the Registrar. The loan then may be subject to cancellation. Failure to maintainadequate insurance coverage in no way releases the borrowing institution from liability
for loss or damage regardless of whether or not the Museum monitored the borrowing
institution's insurance.

Object Return
An object(s) on loan must be returned promptly and prior to the expiration of the loan
period. As appropriate, a reminder letter is sent by the Registrar to the borrowing
institution. The Gallery reserves the right to cancel or deny renewal of any loan.

Photography
Except for condition reports, all photography, reproduction, or replication of a borrowed
object(s) must be with prior written approval by MAG curatorial staff. Lighting
conditions, environmental alterations, and other conditions of reproduction andreplication must be specified by the borrowing Registrar in writing.

Credits
The Museum must be credited in all publications and exhibitions associated with theloan object(s), including photographs and reproductions, and must receive two (2)copies of any publication that references the loan object. The object(s) should be
identified by its catalog or accession number. The proper name of MAG and credit line
to be used in all acknowledgments are included in the loan agreement.

Fees
A loan fee of $250 per object prevails to cover the costs associated with the loan. The
fee may be adjusted based on a curator’s or director’s recommendation.

G. Incoming Loans
Incoming loans shall be accepted only under prescribed circumstances for temporary
and long- term exhibition. The object on loan may comprise part of a larger loan for an
exhibition or it may be an individual object that adds needed content to an already23

existing display. In all cases MAG will exercise the same care in respect to loans as it
does in the safekeeping of comparable property of its own. In all cases, a loan
agreement will be signed by MAG and the lender outlining the terms recommended
below.

Criteria for Incoming Loans
Loans are accepted dependent on:
1. The ability of the object to enhance the Museum’s offerings;
2. The ability of the object to be kept on display for a substantial portion of the loan
period, with the understanding that the loan may be withdrawn at any time by the
Director or Trustees of the lending institution, or by the owner if a private individual;
3. Whether the Gallery has appropriate exhibition and storage space for the loaned
item(s);4. Whether the object to be loaned is in good condition and able to withstand theordinary strains of packing and transportation;
5. Whether the lender is willing to agree to appropriate terms, including a definite
duration, in a loan agreement;
6. Whether the loan might aid in eventual acquisition of the work through gift orbequest;7. Whether the object is clear of UNESCO restrictions, according to the owner’s
knowledge and MAG’s independent determination;
8. Due diligence has been practiced regarding the provenance of a work, especially ofobjects that were possibly in Europe from the years 1933-1945.
MAG reserves the right to refuse to accept a loan if:
1. Lenders will not agree not to sell the work for a year following the return of theobject;2. The primary reason for the loan is for safe or proper storage of the object.
Loans must be refused when there is the possibility that:
1. The loan appears to give rise to commercial exploitation or bring discredit upon theGallery24

2. Unreasonable restrictions exist on the loan
3. The provenance is unsatisfactory.

Authorization of Incoming Loans
Incoming loans will be recommended by the Curator or Director and authorized by the
Director.

During the Term of the Loan
1. No repairs, alterations (including unmatting or rematting) or conservation treatmentof loaned objects shall be undertaken without properly documented permission of
the lender.
2. Insurance and shipping will be arranged by MAG unless otherwise determined inadvance by the Registrar. The Gallery will insure this loan wall-to- wall under its finearts policy, for the amount indicated on the loan agreement, against all risks ofphysical loss or damage from any external cause while in transit and on location
during the period of the loan. If the lender elects to maintain his/her own insurance,
MAG must be supplied with a certificate of insurance per the terms stipulated on theloan agreement.
3. MAG assumes the right, unless specifically denied in writing by the Lender, tophotograph the objects lent for educational and publicity purposes, including
reproduction of low-resolution images on the Gallery website.
4. A condition report will be prepared upon the object’s arrival at MAG.

Return of the Object(s)Unless otherwise notified in writing, MAG will return the objects only to the Lender. In
case of change of ownership during the period of the loan, the new owner will be
required to establish his/her legal title by proof satisfactory to MAG. Before the object
is returned from MAG, the object will be examined against the incoming condition
report.

IX. Glossary of Terms
Accession – the formal process of entering an object into the Gallery’s collection
Accession number – identifying number assigned to an object upon its acquisition into the25collection
Acquisition – the act of obtaining appropriate objects for the Gallery’s collection
Art Committee – the committee of the Board of Managers of the Memorial Art Gallery thatapproves acquisitions, deaccessions, and loans brought to them by the Curators and/or
Director
Deaccession – formal process of removing an object from the collection
Disposal – physical removal of the object from the collection after it has been
deaccessioned in a manner approved by the Art Committee
Public Trust – to hold something, in perpetuity, for the good of the people
Repatriation – the act of returning an object to its original country or people26