2.1 Fine and Decorative Art
Fine and decorative art includes the following types of items that
could have considerable monetary or historical value, or are of special
significance to the University. Items such as posters would not generally
be included unless it is rare, and therefore valuable. In general, fine
arts objects possess a quality that makes them worth more than their
utility value.
Examples of 2-D works include, but are not limited to, paintings,
photographs, prints, and maps. Examples of 3-D works include, but are
not limited to, sculpture, rugs and carpets, ceramics, china, silver
and silverplate, metalware, lamps, candelabra, glassware, textiles,
object d'art (miscellaneous items), antiques and furniture.
2.2 Acquisition of Works of Art: Gifts
The receiving unit must have a desire or need for the gift, and be
able to accept the financial obligations that are associated with accepting
such a gift. The financial considerations are the conservation, restoration,
insurance, and specialized care a work of art may require. Each unit
should have the financial capacity to provide for works of art. Departments
can contact the registrar at the University Art Museum for assistance
in determining the financial costs associated with a work of art that
they are considering accepting. The policy and procedures for the conservation
of works of art are outlined below.
Works of art should be considered for acceptance only if certain conditions
are met: A work of art will not ordinarily be accepted with the provision
that it be kept permanently. A work of art will not ordinarily be accepted
with the provision that it be exhibited permanently. A collection of
works of art will not ordinarily be accepted with the provision that
it be kept intact. A work of art considered for acquisition must include
a provenance and clear title for the object.
Works of art of museum-quality, whether given by gift or purchase,
should first be offered to the University Art Museum. If the Museum's
Collections Committee and director determine that the work is significant
to its permanent collections, it should be accepted by the Museum. The
value of the work can, of course, be credited to the department or unit
in accordance with the wishes of the donor, and unless needed for exhibition,
it could be displayed in that unit or department if all proper care
is possible in such a location. If the work is not deemed significant
to the Museum's collections it may be accepted by the school or unit
in accordance with stringent collection care and management policies.
Gifts of works of art must be recorded by the Gift Accounting Office
of the Development Office in order for the donor to receive a charitable
tax deduction. A Deed of Gift form, along with an Art
Inventory Report Form, should be completed by the receiving unit
and forwarded to the Director of Gift Accounting. Both forms can be
found in the University
Forms Directory. [The Deed of Gift form can be found under
"Development", the Art Inventory Report Form under "Property
Accounting".] The receiving unit must request the transfer of title
to the work of art to their unit by a Deed of Gift signed by the donor.
See Financial and Administrative Policy IX.A.11
-- Gift in Kind Policies and Procedure
9-5 -- Processing Gifts in Kind for details on the University's
policies and procedures on gifts in kind. Procedures for valuing gifts
are outlined below and in Policy IX.A.11.
Once completed and signed by the Director of Gift Accounting, a copy
of the Deed of Gift, along with supporting documentation, will be forwarded
to Property Accounting, who will affix an asset tag to the piece, if
possible, and enter the gift into the fine and decorative arts database.
2.3 Acquisitions of Works of Art: Purchases
It is the responsibility of each unit that purchases a work of art
to conserve/restore and oversee the insurance of the work of art through
Property Accounting and the Office of Risk Management. (See Section
2.11- Insurance.)
It is the responsibility of each unit that purchases a work of art
to report the purchase to Property Accounting, by completing an Art
Inventory Report Form (Attachment I) and forwarding it to Property Accounting
at the time of purchase. The insurance value should be determined by
the purchase price of the object unless there is an obvious need for
an appraisal. If there is uncertainty about the value of an object,
or if it needs an appraisal, please contact the registrar at the University
Art Museum. The American Society
of Appraisers offers a listing of appraisers in various disciplines.
2.4 Guidelines for the Valuation of Works
of Art
NOTE: THE FOLLOWING INFORMATION DOES NOT CONSTITUTE LEGAL OR
TAX ADVICE, BUT IS INTENDED AS GUIDELINES FOR PLANNING PURPOSES. ALL
DONORS SHOULD CONSULT WITH AN ATTORNEY AND/OR FINANCIAL ADVISOR WHEN
CONTEMPLATING A GIFT TO THE UNIVERSITY OF VIRGINIA.
An invoice establishes the value for purchased work(s) of art. The
guidelines for valuation of gifts of works of art are established by
the Internal Revenue Service and are applied to each donor who wishes
to claim a charitable deduction. Copies of the IRS guidelines may be
obtained from any IRS office, or from a tax attorney or tax accountant.
See Financial and Administrative Policy IX.A.11
-- Gift in Kind Policies for more information on the valuation
of donated works of art. The section on valuation of gifts in kind is
reproduced here:
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2.5 Valuation
Valuation refers to the value placed on the property gift
for University gift crediting purposes. It should be noted
the University's valuation might not be the same value used
by the donor for his/her tax deduction. It is the responsibility
of the donor to be able to substantiate to the IRS the gift
value used on his/her tax return.
Small gifts of personal property with an apparent worth
of less than $250 may be unofficially valued by University personnel
with expertise related to the gift. University personnel may
provide informal assistance to help the donor value the gift,
but the donor is ultimately responsible for determining the
actual valuation.
University personnel with particular expertise in the
personal property may provide informal assistance (including
suggesting an appraisal) to the donor in valuing an individual
gift or group of gifts with an apparent value of less than $5,000
but, again, the donor is ultimately responsible for determining
the actual valuation.
Personal property gifts with a value of $5,000 or more will
require an appraisal (performed within IRS time requirements)
from a qualified third party appraiser for gift recording valuation
purposes. The IRS requires donors to obtain an appraisal to
substantiate their charitable tax deduction for gifts valued
at $5,000 or more. The cost of the appraisal will be the responsibility
of the donor.
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An advisory committee comprised of faculty knowledgeable in fine and
decorative arts will attempt to make recommendations regarding which
pieces should be formally appraised.
2.5 Property Worth Over $20,000
The donor must comply with strict appraisal guidelines and, in addition,
the donor must include (an 8 x 10 inch) color photo or a 4 x 5 inch
color slide of each item donated. (This data must be attached to the
donor's tax return.) Part III of IRS Form 8283 must be signed by the
appraiser. Part IV must be signed by the University Director of Gift
Accounting.
The gift is accepted and recorded provided the donor meets the following
substantiation requirements:
- Obtains a qualified appraisal for the property contributed
- Attaches photographs of the subject work(s) of art, and
- Provides a copy of IRS Form 8283 on which the donor claims the
charitable deduction.
2.6 Guidelines for Appraisal of Works of
Art
The term "qualified appraisal" means an appraisal prepared by a professional
appraiser no earlier than sixty days before the contribution of the
appraised property, and no later than ninety days after the contribution
date. To be independent of the donor, the qualified appraiser cannot
be the donor or the donee, a party to the transaction in which the donor
acquired the property, a person employed by any of the foregoing parties,
a person related to any of those parties, nor have any financial interest
in the works being appraised.
The appraisal must be signed and dated by an appraiser who charges
an appraisal fee. An appraisal of a collection, or a work of art, must
include the following:
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A detailed description of the object, including title,
size, subject matter, medium, name of the artist, approximate
date created, and interest transferred; |
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The physical condition of the property; |
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The date, or expected date, of the contribution, the
date on which the property was valued, and the manner of acquisition;
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The terms of any agreement or understanding entered
into, or expected to be entered into, by or on behalf of the donor,
that relates to the use, sale, or other disposition of the property;
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The
name, address, and taxpayer identification number of the appraiser;
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A detailed
description of the appraiser's background and qualifications;
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A statement that the appraisal was prepared for income
tax purposes; |
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A history of the item, including proof of its authenticity
and a record of any exhibitions at which the particular art object
was displayed; |
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A photograph of the object, of
a size and quality sufficient to identify the subject matter fully;
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A
statement of the factors on which the appraisal was based. This
statement should include: |
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The specific basis for the valuation, such as any specific
comparable sales transactions, particularly sales of other
works by the same artist on or around the valuation date;
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Quoted prices in dealers' catalogues of works by the artist
or comparable artists;
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The appraised fair market value of the property and the method
used to determine the fair market value, particularly with
respect to the specific property;
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A statement as to the standing of the artist in the profession
and in the particular school, time, or period in which the
work was produced.
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2.7 Guidelines for Requesting Transfer of
Copyright for a Work of Art
Whenever possible, the receiving unit should request a transfer of
the copyright to the work of art.
Under federal law, copyright protection is available to all works
of authorship that have been fixed in a tangible medium (this includes
pictorial, graphic and sculptural works, photographs, prints and art
reproductions, maps, globes, charts, diagrams, models, technical and
architectural drawings).
Owners of copyright have the following exclusive rights: to reproduce
the work, to prepare derivative works, to distribute copies to the public,
to perform/display the work publicly. These rights are divisible and
may be conveyed separately or in entirety. Ownership of the copyright
in a work of art is distinct from ownership of the material object.
Ownership of copyright remains with the artist unless copyright was
conveyed by written agreement.
Copyright protection for a work created after January 1, 1978, endures
for the life of the artist plus another fifty years. Works created prior
to 1978 were granted two 28-year terms of protection, with renewal required
after the first 28-year term. Once copyright protection has expired,
the work falls into the public domain and can be used freely by anyone.
Works of art protected by copyright are available to anyone for "fair
use," such as for criticism, teaching, or research. "Fair use" is determined
on a case-by-case basis, based upon four factors: the purpose and character
of the proposed use, the nature of the copyrighted work, the amount
and substantiality of the portion used, and the effect of the proposed
use upon the potential market for, or value of, the work.
Federal copyright law has a provision pertaining exclusively to visual
artists. It grants the creator of a work of visual art a limited right
to maintain control over the work even after it has been sold. The artist
has the right to claim authorship of the work and the right to prevent
any intentional distortion, mutilation, or other modification of the
work. These rights belong to the artist, even if the artist is NOT the
copyright holder. They extend for the life of the artist and cannot
be transferred, although they can be waived.
All questions on the complex issues of copyright should be referred
to the Office of the General Counsel.
2.8 Conservation Procedures
University of Virginia units that accept works of art, or contemplate
purchasing a work(s) of art, have a responsibility to care properly
for these works. This responsibility entails the proper display (including
climate stability, location, and security), long-term care (insurance
fees, possible conservation and/or reframing costs), and records management
(object history files, location, and inventory accountability) of these
objects.
To implement the above policy, the following procedures are recommended:
A. Evaluate the work for overall condition. Record your findings using
the appropriate Condition Evaluation Form (Form
A for two-dimensional objects; Form
B for three-dimensional objects. Both forms can be found in
the University
Forms Directory under "Property Accounting".). If the
work is a complex one and you need assistance, please contact the registrar
of the University Art Museum.
B. Once a condition evaluation has been recorded, a decision to accept
or reject the offered work can be made.
1. If the work does not need the attention of a professional conservator,
then the issue of acceptance is made easier. The receiving unit needs
to assess its future financial capacity in case it becomes necessary
to conserve the object.
2. If the work needs immediate conservation, then the cost of treatment
has to be balanced against the value of the object. The receiving
unit must have the financial capacity to pay for the conservation
work. If the cost to conserve exceeds the appraised value, the work
of art still may be accepted if its historic connection to the university,
or some other factor, overrides the "loss" (the appraised value versus
the conservation costs).
C. The permanent location of the work affects the long-term condition
of the work. A work of art must have a stable climate; that is, the
temperature and relative humidity should not fluctuate. The ideal is
a steady year-round temperature of 65-75 degrees Fahrenheit, and a relative
humidity of 45-55%.
Do not plan to display a work of art over, or next to, a heating/ventilation
unit or vent: this subjects a work to temperature extremes every time
the heating/cooling system cycles. Also, do not plan to hang a work
near a drinking fountain or other source of water.
Light (both natural daylight and artificial) fades works of art, including
paintings on canvas, and can fade a work on paper within six months.
Sunlight also fades wood, fabrics and leather. Therefore, no work of
art should ever be subjected to direct sunlight. Even indirect sunlight
from a south-facing window is too severe. Ideally, shield works of art
from strong daylight by using blinds or shades. Lights or windows may
require UV filters. Never accept a work of art on paper if you will
be displaying it permanently. It will light-fade and be ruined within
one to five years.
Evaluate the proposed permanent location for security; areas that
can be locked at night and on weekends/holidays are preferred. Works
of art need to be shielded from vandals when university staff is not
present. A locked office is preferable to an unsecured hallway or unlocked
classroom. Security plates can be attached to the backs of frames and
then attached to the wall for additional security. The department should
review the placement of expensive items to reduce the risk of theft
or damage. Rare books should be housed in the Special Collections library.
2.9 Guidelines for Deaccessioning Works
of Art: Acquired as Gifts
Regardless of how acquired, works of art considered for deaccession
anywhere in the University should first be reviewed by the University
Museum director and curators to determine whether they are of museum
quality.
Deaccession of works of art will be considered if the work of art is
a duplicate, lacks scholarly interest, is of insufficient merit for
exhibition, is not considered to be the main focus of a collection,
is in a state of deterioration such that the cost to conserve the work
exceeds its fair market value, or the donor requests, with the concurrence
of the University Art Museum Director and the University Gift Accounting
Director, that the work of art be sold.
Proceeds from the sale of works of art, except as noted below, will
be used to acquire additional works for the University collection.
See Financial and Administrative Policy IX.A.11
-- Gift in Kind Policies for further information.
2.10 Guidelines for Deaccessioning
Works of Art: Acquired by Purchase
Deaccession of works of art will be considered if the work is a duplicate,
lacks scholarly interest, is of insufficient merit for exhibition, is
not considered to be the main focus of a collection, or is in a state
of deterioration such that the cost to conserve the work exceeds the
fair market value of the work.
Works of art purchased with university funds become the property of
the Commonwealth of Virginia; therefore, disposition must comply with
state law. All University units must follow the procedures established
by the Procurement Services/Surplus Property Office when disposing of
a work of art.
Proceeds from the sale of works of art will be used to acquire additional
works for the University collection.
2.11 Insurance
Donations or purchases of works of art are automatically insured by
the University of Virginia once the work of art and its value has been
reported to Property Accounting. Insurance fees may be based upon the
total dollar value of a collection; therefore, the appraised value of
each piece should be in each object's file. The University's Office
of Risk Management is responsible for UVA property insurance, and if
a work of art is damaged or stolen, it will be necessary to provide
them with a copy of the appraisal or other evidence of the work's value
when making a claim for the loss. All departments should report new
acquisitions to Property Accounting as soon as possible.
2.12 Accountability for Works of Art
Each unit must assign a staff member the duty of reporting/confirming
the condition and location, or changes of location, of the all its works
of art annually to Property Accounting, and the duty of maintaining
a file for each work of art. The file should contain a letter of offer
from the donor, provenance and conservation history; reports and invoices
from conservators; a copy of the Deed of Gift, the purchase order or
sales receipt; copies of each annual Inventory Report; and any photographs
that document the object's condition. This record also will serve as
evidence of ownership and value should a loss by fire or theft occur,
and it is strongly recommended that these files be kept in a fire proof
cabinet, or, if this is not possible, keeping a copy of the file in
another location. The responsibility for maintaining such files should
be given to a long-term department staff member under the direct supervision
of the unit head.
Libraries or archival repositories will not be required to report
works of art contained in books, archives, or manuscripts collections
because the work of art would be inventoried through the standard practice
of cataloguing or other means of bibliographic control. Materials containing
works of art should be used only under supervision and be housed in
a protective, secure environment.
In printed books, illustrations are the most obvious form of art.
Frequently, however, the bindings or other elements of the book may
also be considered art. When books are catalogued, "art" is noted in
the cataloguing record, whether unique (as in a drawing laid in) or
an integral part of the book (for example, a signed binding). Some examples
of such art include photographs, paintings, prints, engravings, holographs,
drawings, serigraphs, lithographs, illuminations and sculptural bindings.
2.13 Loan Procedures for Works of Art
Any request to borrow works of art from any University of Virginia
department or unit, excluding the University Art Museum, Alderman Special
Collections, and Kluge-Ruhe Aboriginal Art Collection, which have established
loan policies for lending works of art to other entities for educational
purposes or public benefit, should be reviewed by the Office of General
Counsel and the Office of Risk Management.
Once the Office of General Counsel has approved the loan, the University
Art Museum must handle all loans from the University to outside institutions.
For loans internal to the University, the University Art Museum may
be consulted regarding the conditions that should be met before any
loan is finalized (security, condition of the work(s) in question, shipping
method, insurance, climate control at borrower's location, etc.). The
University Art Museum can provide a sample Loan Agreement that states
the terms and conditions of the loan and which must be signed by both
Lender and Borrower before the work of art leaves its customary location.
Any change of location of an object on grounds or on loan outside the
University must be reported to Property Accounting. See Financial and
Administrative Policy X.E.1 -- University Collections
for additional information.
2.14 Transfer of Works of Art to the University
Art Museum
Any University of Virginia department or unit may formally transfer
a work of art to the University Art Museum with the permission of the
University Art Museum director, curators and collections committee.
A simple Letter of Transfer, signed by the department or unit head,
will suffice. Suggested wording is as follows:
I, __________________________________________ (name of unit/department
head), hereby transfer to the collections of the University Art Museum,
the following work(s) of art: ______________________________________________________________
(list objects). The credit line for the object(s) should be: "The University
of Virginia; __________________ (state desired credit line).
Yours truly, (Signature)
Note that "credit line" refers to the name of the donor, department,
or wording honoring a donor that will appear next to the image every
time the work of art is published or exhibited. Examples of credit lines
are: "The University of Virginia; gift of the Robert Jones family in
memory of Dr. John Jones," or "The University of Virginia; gift of the
Class of 1947," or "The University of Virginia; School of Law, bequest
of Mary Smith Brown." Credit lines for works of art that belong to the
University of Virginia should begin with the phrase "The University
of Virginia;..." followed by the wording specified by the transferring
unit.
Once the transfer is approved by the Director of the University Art
Museum and the Collection Committee, the original of the Letter of Transfer
should be sent to the registrar of the University Art Museum and a copy
sent to Property Accounting. A copy also should be kept in the permanent
files of the department or unit.
Because all works are the property of the Commonwealth and the University,
one area of the University may transfer works to another area, including
the Museum, but no area may purchase works or collections from another
area of the University.
