Recently Asked Questions

Our historical society produced a documentary about the making of a sculpture. Our videographer filmed work in the sculptor’s studio and in so doing, in the background captured photographs the sculptor had on a storyboard for another project. Is it necessary to obtain permission to use the individual’s image, even though it was not prominent nor the subject of the documentary?

Our museum has an item on long-term loan that is potentially pretty valuable--a 200-yr old document.

We no longer wish to have this item in our custody unless it is gifted to us outright, and no longer on loan.

The gentleman who loaned it to us lives out of state and is considering donating the item to us, but is currently consulting with his attorneys to decide if he should gift the item to us (a non-profit museum) for tax deduction benefits or ask us to return it to sell the item elsewhere.

He is basing this decision on appraisals done by a company that has not seen the object in question in person for nearly 20 years (the length of time it has been on loan to us), and only has photographs to go by. These appraisals were paid for by the potential donor.

Our museum does not do appraisals, nor can we afford one of our own, so we have no way of knowing if the item is worth what he says it is. Is there any potential legal ramification to us if we decide to accept the item into our collection as a donation with the value he has listed (around $20,000)- i.e. in a situation like a tax audit?

[NOTE: Since they authorized a public reply, we're keeping the name of the member organization submitting the question in this RAQ.  Usually, we genericize, but in this case, we trust you see why we kept the member's name in the question.]

QUESTION

Our organization has voted to change its name in an effort to re-brand to a more contemporary audience. Our original charter, granted in 1909, will not change, nor our legal name (Ticonderoga Historical Society).

What steps do we need to take to register our new name? Is this what is called a "DBA" and are there other steps we must take?

As part of a town bicentennial celebration, the committee wants to create a map of historic properties. There would be a description of the property noting its historic significance, the address, and ideally a photo. Many of the properties are privately owned. Do owners need to give permission for their property to be included? We would publish the address and describe the history of the property, but current owners' names would not be disclosed. We want to share history, but respect privacy. What legalities should we be aware of?

"Ask the Lawyer" got a question from a member: "Can you review our deed of gift and loan forms?"  We helped them out on a confidential basis, but we're using their question to inspire this guidance on implementing or updating a suite of policies for accepting and managing gifts into your collections.