The Importance of Provenance: Managing Unsolicited Gifts at Small Museums

Joy Tahan Ruddell

Museum & Collections Consultant
Image Courtesy of the Cooper Hewitt Museum, Traveling Necessaire; engine-turned silver, turned ivory, stamped leather (case). Gift of Mr. and Mrs. Maxime Hermanos; 1966-6-3-a/n

If you work at a small museum or historic house, you may not think provenance is important to track. After all, you aren’t collecting the Elgin Marbles or artwork that may be Nazi-looted, so why bother? Well, you would be wrong. Big news stories aside, there are plenty of other reasons to track provenance.

Small museums often encounter provenance questions when they routinely accept "doorstep donations" or "unsolicited gifts." These types of donations are typically left at the museum's doorstep or delivered unexpectedly, often without the donor having consulted the museum beforehand. These gifts often create issues due to the lack of documentation regarding their history, authenticity, or legal ownership.

Verifying Provenance is Vital

You might be thinking, "What's the worst that can happen?" Well, let me paint a picture for you. Imagine an object was stolen, and the thief, feeling guilty, decides to donate it to cleanse their conscience. Or consider a situation where a father of a large family passes away, leaving his estate to one son, while another son donates an object to the museum because he thinks that's where it belongs. Then there's the possibility that an item was illegally exported from another country, and by accepting it, the museum could unknowingly support illicit trafficking of cultural property. And let's not forget the chance that the item could be a fake or forgery, donated by someone who was deceived or who hopes to deceive the museum. This could seriously damage the museum's credibility and the integrity of its collection.

These scenarios show just how important it is to verify provenance. It's not just about avoiding legal trouble—it's about making sure the museum maintains ethical standards and keeps its reputation intact. So yes, provenance matters, even for small museums!

Accepting an Unsolicited Gift Without Provenance: A Story

Let me share an example to show why provenance is crucial, even for the smallest of museums. One day, a visitor left an unsolicited gift at the entrance desk: an unassuming black leather case wrapped in plastic. The volunteer on duty, unaware of the potential issues with accepting such gifts and without any museum policies or procedures to refer to, happily accepted the gift and thanked the visitor. The visitor quickly left without providing his name or contact information.

Curious about the gift, the volunteer called the office and the museum's registrar came to collect the package, albeit unhappily. After she unwrapped and opened the box, she was stunned to discover a beautiful silver coffee service with ivory accents. The registrar immediately recognized the red flags—ivory is subject to strict regulations due to their association with endangered species. Without the proper permits and documentation, just possessing these items could lead to serious legal trouble.

The silver coffee service was clearly valuable and in great condition, but without any information on its provenance, the registrar had no way of knowing if the person who donated it had any legal right to do so. There was no way to verify if the object was illegally obtained or if it rightfully belonged to someone else.

Given there was no way to find the original owner, the registrar was limited in her next steps. A photograph was sent to the local police department to see if it had been reported stolen in their jurisdiction. The report to the police produced no further information and the items were then considered “abandoned property.” 

 

Given the lack of provenance, the registrar had no option but to store and track the object as abandoned property, in compliance with their state's law. This regulation mandated the retention of such items for several years before initiating the intricate process of disposing of abandoned property. During this time, the museum couldn't display or use the coffee service, and they had to ensure it was properly tracked and securely stored.

The Risks of Overlooking Provenance

Now, imagine if the registrar hadn't been concerned with provenance issues and decided to accession the item anyway. The museum could have faced a multitude of problems. The museum would be in legal jeopardy if the item was discovered to be stolen or illegally obtained. The lack of proper permits for the ivory could lead to fines or sanctions. Furthermore, the museum's reputation could be damaged if it was revealed that they accepted and displayed an item without verifying its legal status.

This story highlights why verifying provenance is essential. It's not just about avoiding legal issues; it's about ensuring ethical stewardship and maintaining the museum's integrity and trustworthiness. So, the next time you think provenance does not matter, think about this story of the mysterious silver coffee service!

For additional information about the importance of provenance, as well as a guide for tracking provenance using CatalogIt, visit this MasterIt article.

About the Author

Joy Tahan Ruddell

Museum & Collections Consultant

Joy Tahan Ruddell has almost thirty years of collections and registration experience.  Prior to independent consulting, Joy coordinated the registration department at a large California museum which included insurance, loans, acquisitions, collections access and research, policy and procedure development and management, and intellectual property management. Working with staff museum-wide she developed programs that helped the community engage with collections. Joy has extensive experience with major collections projects including: inventories, collections moves, project management, acquisition and deaccession activities, NAGPRA projects, grant writing, insurance and risk management, and loan processing and organization. She specializes in helping museums build capacity through creative problem solving and determining scalable solutions. Extensive knowledge and advanced understanding of national standards allows her to assist with virtually any collections conundrum.