Museums and the Law

Legal issues pervade so many aspects of the world of museums. The law can both constrain and enable the behavior of museum staff, administration, and others who work with these cultural organizations. Therefore, it is difficult to work in, for and with museums without some training in or familiarity with the law. In this course, we will examine how museums are affected by a variety of legal regulations, including cultural heritage legislation, intellectual property issues, such as copyright, trademark and moral rights, first amendment and censorship claims, work-place hazards, contracts, and nonprofit and tax laws, such as valuation, charitable transfers, payments in lieu of taxes and the unrelated business income tax. Readings will consist of case law and secondary sources detailing the most pressing legal issues facing different types of museums, and group discussions will be supplemented by mock case studies and negotiation exercises.