The purpose of this hearing was to learn about the activities and initiatives currently funded under the Museum and Library Services Act and to examine issues pertinent to its reauthorization. This report contains statements by the following: (1) Chairman Pete Hoekstra, Subcommittee on Select Education, Committee on Education and the Workforce,…

Various issues related to the role of scientific research at American museums were addressed during these hearings. The hearings include the testimony and prepared statement of Robert McCormick Adams (Secretary, Smithsonian Institution) and questions and answers for the record. These questions focus on such areas as the extent to which museums…

A review of key provisions of the 1976 federal copyrights act covers: the rights acquired by claimed copyright, duration, transfer, termination, penalties for infringement, problems for museum collections and archives, and suggested approaches to them. Appended are an acquisitions checklist and suggested legal forms for transfer and deed of…

This document reports request for a total of $271,246,000 for the Institute of Museum and Library Services (IMLS) for Fiscal Year 2008. Funds are designed to assist the Institute in expanding its leadership role in creating an informed and educated citizenry, and transmitting the values of American democracy. In recent years the Institute has…

Standards that courts have applied to governors of nonprofit cultural institutions are examined. The issue is whether they should be held to a strict common law trust standard or the more flexible "prudent man rule" applied to corporate directors. (AVAIL: Dennis & Co., 251 Main St., Buffalo, NY 14203) (MSE)

Discussed are the major features of a Model Licensing Agreement to be used by museums in any commercial reproduction venture. They include rights and obligations of the respective parties, maintenance of quality control, payment of royalties, arbitration, and termination provisions. The Model Licensing Agreement is appended. (JMD)

Arguments for and against extension of Section 170 of the Internal Revenue Code, which permits tax deductions for money or property gifts to nonprofit organizations, are presented, considering both theoretical and practical issues. (AVAIL: Dennis & Co., 251 Main St., Buffalo, NY 14203) (MSE)

The tax on unrelated business income of charitable, educational, and other exempt organizations, a provision of the Revenue Act of 1950, is examined as it affects the trade or business activities of art museums. Special problems of art museums such as those with gift shops and eating facilities are discussed. (JMD)

A court holding disregarding the statute of limitations in a case of stolen artworks by Georgia O'Keefe (discovered many years later) makes recovery of lost works by an artist easier. The statute of limitations was not held to begin until the owner reasonably knows of the possessor's identity. (MSE)

The question of whether the selling of art by a private nonprofit art association violates the provisions of section 501(c)(3) of the Internal Revenue Code of 1954 is considered. Revenue rulings of 1971 and 1976 suggest that any sale of art may render the organization ineligible for tax exemption when private interests are benefited. (JMD)

The probable economic impact on the art market, museums, and the artist of California's "droit de suite" legislation, designed to yield to artists a portion of the resale value of their works, is examined. It is argued that only a few living artists will benefit. The statute, California Civil Code 986, is appended. (JMD)

Title II of the Arts, Humanities, and Cultural Affairs Act of 1976 (the Museum Services Act providing general operating support) is examined for: steps in implementation, legal implications of support, opportunities for similar state and local programs, problems in undertaking such support, and alternatives under reduced federal support. (MSE)

The hearing was opened by Representative Pat Williams of Montana, who explained that the Subcommittee on Postsecondary Education of which he is chairman, has jurisdiction over the National Endowments for Arts and Humanities and the Institute of Museum Services (IMS), and that programs in these agencies account for the largest portion of federal…

A review of the historical background and funding of the Detroit Institute of Arts is followed by a discussion of some of the many legal problems encountered including those involving gifts, funding, control, regulation of artwork reproductions, protection against general liability, and the acquisition of other nations' artifacts. (JMD)

It is argued that the present limitations of federal funding for the arts are attributable to attitudes of professionals in arts organizations rather than to faults in the framework of public assistance. When private patronage has been inadequate federal funds have been provided, but always as supplements to the private sector. (JMD)