“I’m so glad you’re here, I have a serious problem.”
Art lending: it’s more common than you think. The benefits of sharing artworks with people who appreciate them are legion. But there are pitfalls to avoid as well.
The post is the second in a series on art lending. We’ll examine the rules for displaying borrowed art and what a lender should know before loaning their work.
How You Can Display a Work of Art Outside Your Home
If you want to show off your art collection to friends, family and colleagues, but can’t remove the artwork from your home or business (or are simply feeling too lazy to do so), there is a way for you to display your collection publicly without breaking any rules about lending art.
Most museums, galleries and commercial venues that host public exhibitions and displays of artwork require that the work remain in their possession at all times. They will usually have an agreement with the artist or gallery owner indicating this fact. But there is one very important exception to this rule: most institutions allow you to display your own work outside your home building or property.
However, while they may allow you to display your own work on some part of your property, they may require that you not advertise that fact publicly if
When you borrow a work of art, you have the right to exhibit it. That means you can display it to the public either in your physical space, or online.
However, if you are planning on displaying a work of art in a show, there are some steps you should take to protect yourself and the artist.
You should have a written agreement with the lender that clearly states the terms of your loan and any limitations on where and how long your exhibition will be displayed. The agreement should also include an indemnification clause that protects both parties from liability for any damages or injuries that occur as a result of the loaned piece.
Some lenders may not want their artwork to be displayed outside of your physical location. In such cases, ensure that your contract includes language that protects you from liability if the artwork is damaged while being transported from one location to another.
The lender asks: Can I exhibit the work of art outside?
The lender may ask this because he or she wants to bring the work of art to an event, or display it in a gallery window. For example, if you have a painting that is currently on loan to your home and you want to hang it in your office building lobby for the holidays, there may be a problem with that.
This is really common. It’s an understandable question and one with a fairly simple answer: no. According to the terms of many loan agreements, neither the borrower nor anyone else can display the work of art outside. In fact, even if a loan agreement does not specifically address this matter, many lenders will object to such a request and insist that the work be returned to them rather than risk damage from possible exposure to weather.
Another reason for this question may be concern about theft or vandalism. If you are going on vacation and would like to leave a painting out in front so your neighbors can enjoy it, some lenders will be concerned about theft. And if you are planning an outdoor exhibition, some lenders may want their artwork back before then because of concerns about vandalism.
}}}}}}}}}}}}}
Museums, libraries, and other institutions that lend art for exhibition in public spaces have to be careful about how they handle the artwork. This is because there are laws and regulations that govern what you can do with art outside of an approved exhibition.
Here are some of the most important considerations to keep in mind when borrowing art for display in a public space:
1) Can a lender allow the work of art to leave its premises?
2) If so, can a lender allow it to travel more than 50 miles from its headquarters?
3) If so, can a lender allow it to travel outside the state?
4) If so, can a lender allow it to travel outside the country?
The answer to each of these questions depends on whether the organization is a museum or library and if the artwork is on loan or owned by the borrower.
If you are lending a work of art for an exhibition, the host institution should be able to provide you with their own insurance policy to protect your artwork.
Should You Purchase Insurance for a Work of Art You Are Lending?
You may not need to purchase insurance if you can rely on the host institution’s coverage. If your artwork is damaged or stolen while it is in their care, you can file a claim under their policy. But if the policy does not cover the value of your work, or if you do not feel comfortable filing a claim, then you should purchase your own policy.
If your artwork is damaged or stolen while it is outside the host institution’s premises, then your insurance will cover any losses. An outside location can include a space in an airport, train station, shopping mall or private residence. There are two kinds of policies: single-trip and multi-trip . A single-trip policy covers only the first trip away from home and is typically less expensive than a multi-trip policy.
When you borrow art of any kind, it is always best to discuss the details with your lender before you make a decision. Some of the factors you’ll want to take into account include:
What happens if the work gets damaged?
What are all of the costs involved?
Do you need insurance?
Do you need approval from anyone else to display the work?
The Federal Copyright Act and the Visual Artists Rights Act provide guidelines as to what constitutes an infringement of an artist’s rights, and also protect the integrity of the artwork.
Lending Guidelines for Artwork
When lending artwork, it is critical to know what the lender has rights to do with the piece. The Federal Copyright Act states that any artwork created after January 1, 1978 is subject to copyright protection regardless of whether it is registered with the Library of Congress.
Artwork created before 1978 may be under copyright protection if it was published with a copyright notice, if a copyright registration was made within five years of its creation or in cases where the artist died more than 70 years ago. In addition, any artwork you borrow must not have been altered by another person or organization without proper permission from the owner. If you are going to lend your artwork, please read these guidelines closely so you are aware what you can and cannot do with your piece:
Have a written agreement with borrower outlining loan period (1-6 mo.), date of return and condition upon return (i.e. frame repair/replacement), responsibility for insurance/shipping both ways, etc. This agreement should be signed by both parties and kept on file.*
Inform borrower they may NOT exhibit work
