Friday, 21 December 2018

ERC 2018 - Planning for Brexit: A Practical Overview


Panel Discussion - Planning for Brexit: A Practical Overview



Panel:
Chair: Jane Knowles, Head of Exhibitions, The National Gallery, UK
Idoya Beitia, Head of Exhibitions Management at Royal Academy of Arts, UK
Anastasia Tennant, Arts Council England
Steve Gourley, Business Process and Compliance Manager, Momart Limited, UK
David Rowland, Head of EU exit and international strategy, Museums Team, DCMS
Michael Landy, Brexshit, Pen and ink on paper, 21 x 29.7 cm, 2018
Work will be part of Drawing Biennial 2019 at Drawing Room, London, 20 Feb to 26 Mar 2019 which culminates in an online auction in the exhibition’s final two weeks.
As of writing (mid Dec 2018) the UK government has informed businesses and individuals that they should prepare for a no deal Brexit. The political landscape is changing daily and whilst there is uncertainty over what will ultimately happen, it is clear that a no deal exit from the EU is no longer an unlikely scenario. What does this mean for our sector and how can we prepare for the coming year – for exhibitions already planned, for works committed to be loaned and borrowed between the UK and European countries? In his talk ‘Brexit, Cultural Heritage and Art Loans’ Geoffrey Bennet from the Institute of Art & Law suggested we approach Brexit with a sense of ‘constructive pessimism’. Everything might turn out okay, our worst fears not realised, but we must plan ahead.


Planning for Brexit: A Practical Overview


This session began with a presentation by David Rowland from the UK’s Department for Digital, Culture, Media and Sport (DCMS). It then moved into a panel discussion that looked at the implications of the UK’s exit from the European Union for Registrars, both in the UK and abroad. Bringing together a highly experienced panel of speakers, the session aimed to look at the current state of play and the practical steps that we can put in place to prepare for Brexit.


The view from the DCMS


David Rowland, (Head of EU exit and international strategy, Museums Team, DCMS) began by stating the importance of our sector: Museums, Heritage & Cultural Organisations are at the heart of the UK’s global influence and contribute significantly to tourism, material prosperity, enriching lives and strengthening global relations. He announced that a major nationwide festival showcasing the UK’s unique strengths in creativity and innovation will be held in 2022, backed by a £120 million government investment.

On Brexit, Rowland’s catchphrase throughout the session was ‘the government believes we can get a good deal,’ with the caveat, ‘but in the event of a no deal…’ The message from the DCMS is that the UK government wants a positive future relationship with the EU that will support the growth of museums and culture. They are committed to facilitating temporary movement of works, protection of cultural property and of continued cooperation with the EU. How will this work in practice?

In the event of a deal, (however that may look), there will be a transition period in which the government will plan for changes, implement new procedures and infrastructure and potentially build new trade relationships. For those working on loans and transit of works between the EU and UK, this means that initially nothing will change. In the event of a no deal, we leave the European Union on 29 March, 2019 and freedom of movement of goods and people will end with immediate effect. Customs, excise and VAT procedures to goods traded with the EU will be applied in broadly the same way that already applies for goods traded outside of the EU. In both no deal and deal scenarios, NIRU will be used to enable the temporary admission of cultural objects into the UK from EU countries in the same way that it is currently used for admissions from the rest of the world. It is likely that the both the UK and EU will agree to visa-free travel for tourists and business visitors. The government indemnity scheme will still apply. Further details are summarised at the end of this report in the Overview & Summary section.


Panel discussion


The panel discussed the issues raised by Rowland’s talk and possible scenarios. The most challenging issue will be the movement of works between the UK and Europe. With increases in costs and barriers for moving and lending of works due to changes in customs agreements, all agreed that in the event of a no deal there will be at least six months of disruption.
 
Image: Panel left to right: Anastasia Tennant, Arts Council England; Steve Gourley, Momart; Idoya Beitia, Royal Academy of Arts, UK; David Rowland, DCMS; Chair: Jane Knowles, The National Gallery, UK

 
 
 
 
Momart’s Steve Gourley explained that in a no deal scenario customs processes will increase from 50 to 260 million at the UK border. Unless the government puts more effective digital and physical measures in place, there will be long delays. Drivers may also need to obtain an International Driving Permit (IDP) to drive in the EU as UK licenses may no longer be valid. It is expected there will be a backlog of applications for permits which will increase delays. 
The panel suggested avoiding the shipping of works between the EU and UK in the weeks immediately following March 29th. This may involve extensions to loan periods and storage of works which may in turn increase costs to the borrower.  
Given the expected delay to shipping costs, increase in works imported to NIRU, and potential currency fluctuations, we should expect increased costs. We should build contingency into our budgets. 
The overall message was ‘plan ahead’. In a sector where last minute changes to couriers and inclusion of works in exhibitions frequently happens, this will be a challenge, and ultimately require changes to the culture of the sector. We should consolidate shipments and couriers and where appropriate partner with other cultural organisations. 
Pessimistic as the all of this sounds, Idoya Beitia from the Royal Academy of Arts urged everyone to not to be put off and to ‘try to be reasonable and keep communicating’ to colleagues and other organisations within the sector. 
There are likely to be increased practicalities but collaboration is an essential and important part of our industry. Ultimately it is important to see the bigger picture and to continue the sharing of works between institutions in the UK and EU, making works accessible to greater audiences. 


Overview & Summary
 
Movement of People
There is a willingness between the UK and EU to implement visa free travel for tourists and business visitors in a deal or no deal situation
In the event of a no deal Drivers may also need to obtain an International Driving Permit (IDP) to drive in the EU as UK licenses may no longer be valid.

Customs procedures
In the event of a deal:
  • There will be a transition period in which the government will plan for changes, implement new procedures and infrastructure and potentially build new trade relationships
  • The government anticipates the creation of a free trade area for goods with zero tariffs, deep regulatory and customs cooperation
  • NIRU will roll over in a deal (if no customs union) and no deal scenario and loans from EU will have to go onto NIRU


In the event of no deal:
  • UK businesses will have to apply customs, excise and VAT procedures to goods traded with the EU, in broadly the same way that already applies for goods traded outside of the EU
  • The EU would fall into rest of world customs system requiring temporary admission arrangements with VAT as close as possible to current system
  • NIRU will be used to enable the temporary admission of cultural objects into the UK from EU countries in the same way that it is currently used for admissions from the rest of the world
  • The UK would seek to join Common Transit Convention
  • Cultural objects beginning their journey in UK may require export licenses. Objects beginning their journey in EU and coming to the UK may need EU export licence
  • CITES – currently goods moving between UK and other member states don’t require checks, but post Brexit checks are likely to be required
  • Returned goods relief applies
  • Known Cargo, SPX won’t be recognised


What will stay the same?
  • Governing law will still apply
  • Government indemnity scheme will still apply
  • Immunity for seizure won’t be affected. If eligible apply


Planning for a no deal Brexit
  • Avoid shipping of works between the EU and UK in the weeks immediately following March 29. Due to increases in customs procedures and current lack of infrastructure there will be long delays at the border. In worst case scenarios, flights may be grounded
  • For works on loan due to return after Exit Day, gather alternative evidence to satisfy customs that goods were in free circulation, to help obtain import/export licence
  • Be prepared to extend loan periods and store works until disruption eases
  • Consolidate shipments and couriers as much as possible. Where applicable partner with other cultural organisations
  • Build contingency in budgets. Transit costs are likely to rise due to increases in transit times and there may also be currency fluctuations
  • Consider using alternative routes other than Dover. Are the resources you require (e.g. CITES checks) available at other ports?
  • Plan ahead, avoid changing things at last minute. Endeavour to change the culture of your organisation in this respect
  • Keep communicating with EU partners. There is a willingness to keep working with the UK
  • Be aware of the political situation, don’t be afraid of it, plan for it.
  • Don’t be put off – objects are going to be safe but expect delays for at least six months.
  • If have something major moving (e.g. large touring exhibitions, extremely rare and vauable works) after May 29, talk to DCMS and they will see if they can help
  • The UK will remain open for business, leisure and culture.




Links to further reading

Arts Council England:
European Commission:
UK Government Technical Notices:
 
 


Written by Jacqui McIntosh, Drawing Room
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Tuesday, 18 December 2018

ERC 2018 - New Ventures for the Centre Pompidou


New Ventures for the Centre Pompidou: Platforms for Experimental Displays and Reshaping the Collection, the example of Kanal Pompidou in Brussels: Hélène Vassal and Sandrine Beaujard-Vallet, European Registrars Conference, London, 19 November 2018

The Centre Pompidou is undertaking increasingly more projects abroad. One of the most ambitious, Kanal Centre Pompidou, opened in May 2018 at the former Citroën factory in Brussels. 300 pieces of modern and contemporary art from the collection were displayed in this former 38,000m² industrial site – a challenging task! 

The building
The former Citroën garage is huge, filling an entire block and famous for its rounded curtain wall. It is made of steel and glass (yes lots of natural light) and used to have a massive 21m high showroom, with workshops next to the canal. The cars were made in the workshops before being displayed in the showroom. In January 2018 the garage activities on site started to be dismantled and the site was decontaminated. Amazingly, as soon as May 2018 cultural works were on display. 

Challenges for the project:
  • Art that had not been displayed before
  • Raw state building
  • Handling challenges
  • Need for specific skills for maintenance of works that included perishables and electrical components.
  • Natural light
  • No climate control
  • No hanging walls
  • Public circulation around the building
  • Unpacking and condition checking spaces
  • Delay due to the industrial decontamination of the space


Solutions:
  • Electro-mechanical workshop on site
  • Technical drawings for objects with electrical components
  • Site visits from Blackwall Green insurers
  • Transport done in two phases
  • Collection management records and documentation for each artwork
  • Facilities reports, emergency plan
  • Handling protocols in emergency
  • Weekly maintenance work on objects 


Next steps: ‘A Stage for Brussels’
However, this ambitious display was only the first step in a major long-term project to create a new cultural hub on the site. In April 2017 the Urban Development Corporation (SAU-MSI) of the Brussels-Capital Region, taken over by the KANAL Foundation, launched an international architectural competition that received 100 submissions. The prize was awarded in March 2018 to noArchitecten, Brussels, EM2N, Zurich and Sergison Bates Architects, London who were selected to develop a new centre opening in late 2022. The centre will showcase the iconic architecture of the building, whilst providing a range of cultural spaces.


Centre Pompidou will have a permanent museum of modern and contemporary art, with exhibition spaces across four floors. Varied heights and large column-free spaces will provide increased flexibility for displaying works. Sustainability is a key component of the project and so natural resources will be used: roof panels will provide heat and water from the neighbouring canal will be used for cooling. There will be black out options for light sensitive works. In addition to the museum there will also be stages for performance artists, concerts and an auditorium. The entire exterior of the building will have an electronic display sign that can be used to convey visitor information or for artistic installations and facades that open out into the surrounding area. A major new cultural centre that will definitely be on my cultural visit wish-list.


Katie Robson, Registrar, Royal Armouries, @KatieLRobson
 
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Monday, 17 December 2018

ERC 2018 - Vlogs by Louise Marlborough



Louise Marlborough took over the @ UKRegistrars twitter reins for us over the course of the conference, you can see all her vlogs on twitter or click to play below.


Follow Louise directly via @louisemjm





































































































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ERC 2018 - Implications of Brexit for the Law Affecting Cultural Heritage


Implications of Brexit for the Law Affecting Cultural Heritage: Geoffrey Bennett, Institute of Art and Law, United Kingdom,
 
Frustration and beyond
Whatever you think about Brexit, uncertainty and frustration are common feelings. When Geoffrey agreed to do this talk he didn’t think we would be in the position we are in. It is still hard to know what will happen, nothing has been settled except the tone – that of a soft Brexit. Lawyers would call it an agreement to agree, which is not an agreement at all. This is a sign that the parties are still negotiating. It might be two years yet before we will really know what is what. This is the problem that much of law is about: providing certainty in an uncertain world.
 
The current situation – an agreement to agree
Article 167 of the Lisbon Treaty states that ‘the Union shall contribute to the flowering of the cultures of the Member States…bringing the common cultural heritage to the fore.’ It shall be aimed at supporting, amongst other things, ‘non-commercial cultural exchanges’. It is an EU objective that cultural mobility is facilitated and EU law that there is freedom of movement of goods and people. There is also the Network of European Museum Organisations, NEMO, which has a useful standard loan agreement template.
 
There are a number of income streams from the EU that support a variety of initiatives such as ‘Creative Europe’ which the UK has benefitted from. Liverpool for example received 10 million pounds from the EU Regional Development Fund, which unlocked more money through the multiplier effect.
 
Post Brexit
Post Brexit, the UK will be ‘beyond’ the EU, joining countries such as Iceland, Norway, Bosnia and the Ukraine. What impact will this have? The UKRG’s EU exit impact statement is a good document to see the list of areas that could be affected. Many questions are raised, such as:
  • Will the spirit of loans be affected?
  • Will existing long-term loans be affected by import and export changes?
  • How long will the law be in limbo? Will this affect planning?
  • Will costs increase?
  • Will the UK be a less attractive partner?
  • How will VAT, staff and transport be affected?
What can we do?
We can be weary of gaps in our contracts. There is a danger that one invalid clause invalidates the whole contract, so we need to guard against that.
 
Examples from case law  
Taylor v Caldwell (1863) – this was about hire of a music hall that was destroyed by fire, which was not the fault of either party. The hirers sued and lost. If an event renders a contract impossible/illegal the legal doctrine of frustration applies.
 
A casino magnate bought Picasso’s ‘Le Reve’ for 48 million dollars and had a contract to sell the painting to a hedge fund manager. The magnate accidentally poked a hole in the painting with his elbow. The legal question was had the contract been frustrated? The answer is unclear but in case law something has to be dire to bring about ‘frustration’.
 
Amalgamated Investment v John Walker (1977): John Walker advertised a whisky warehouse for sale. The building became a listed building, decreasing development potential. Amalgamated Investment argued for frustration of contract but this was dismissed by the court who said that the contract had not been frustrated.
 
If a loan contract stated that only the lender’s curator could handle a painting and a volcano stopped that curator’s travel, this could be frustration but if the exhibition had 30-40 works, the loss of 1 would probably not be frustration. If things happen unexpectedly there isn’t an automatic legal remedy and Brexit itself is not going to be a surprise. The new arrangement probably won’t make things illegal, just expensive and irksome and we need to prepare for it in our contracts. In this perhaps unprecedented period of legal uncertainty it is more important than ever to consider provisions for things not going as smoothly as in the past.
 
Our contracts  
  • Avoid frustration by including a force majeure clause so that the contract says what will happen.
  • If loans have to be cancelled, agree what would happen about costs in advance.
  • Consider making a provision in the contract to limit the effect of currency fluctuation.
  • Include arbitration clauses
Positives to remember!
  • For the UK it shouldn’t be worse than dealing with a non EU country such as the USA.
  • There is a large amount of trust and good will in the sector
  • There is a common professional language
  • Joint working such as the acquisition of two Rembrandts by the Louvre and Rijksmuseum shows that we can work together.
 
Written by Katie Robson, Registrar, Royal Armouries

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ERC 2018: Documenting Change: Thinking Differently about Collections Documentation in Smaller Museums


Documenting Change: Thinking Differently about Collections Documentation in Smaller Museums, by Inbal Livine of the Powell-Cotton Museum.

Discussing how the Powell-Cotton Museum changed the way it approaches its documentation backlog, Inbal Livine gave some great insights into ways of collaborating with academic researchers, subject specialists, and community groups to improve cataloguing and documentation in under-resourced museums.

Inbal first discussed the Pacific Presences collaboration the museum undertook between 2016 and 2018. Having been approached by researchers doing a project on Pacific cultural objects, the Powell-Cotton Museum realised the opportunity to gain from working with a larger funded organisation.




Over two years, the museum worked with subject-specialist experts and diaspora communities to improve the documentation and cataloguing of Pacific objects within their ethnographic collection. Objects were scanned and the specialist knowledge of communities and experts were recorded to be put on the database – through which they could move past the minimum of skeleton records required by SPECTRUM.

She then moved on to how this has helped the museum tackle their dreaded backlog.

While the museum, like many other small or medium sized museums, is understaffed (with traditionally only one curator) they were able to utilise the opportunity to gain knowledge about their collection and, ultimately, improve the catalogue, location tracking, and packing of a key group of objects within the collection.

Through the project, they were also able to outline a framework for future work with similar organisations, which opens up the possibility for funding through new streams, such as research councils.

But how can projects like this become a legacy, rather than a ‘once off’? Firstly, you need to consider these projects as actual possibilities, not just a one-time thing. Working with small museums is attractive to funders, so why can’t museums benefit from this? As so many small museums have seen a reduction in staff, and increase in multiple-hate working, we need to take the help we can get. 

By showing your museum as a place that is ready and willing to work with larger organisations, you can open up these funding streams and help improve your documentation without the capital required for a self-led documentation project. Use who you know to build your reputation as a place to work with, including subject specialist networks, social media, and local links, and be sure you know what your museum wants to achieve.

Once this is in place, Inbal suggests that these projects can help to take museums back to the basics of good documentation. By working with specialists on these projects, small museums can move beyond the minimum requirements of SPECTRUM to have fantastically in-depth catalogue records.

And, most importantly, keep the projects going. Keep looking for partners to focus on the next section of your collection – by having discrete projects of collection types, you can succeed in one area completely then move on to the next, rather than attempting the daunting (and impossible) task of improving everything at once.

Finally, make sure you’re getting the most out of the projects. Be creative, be innovative, and be efficient; this message was surely the most important message in how to rethink documentation. Involve everyone and work together; you can get much more done than alone.


Written by Samantha Jenkins, Peoples History Museum
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ERC 2018 - Copyright, Collections, and Visitor Photography


Copyright, Collections, and Visitor Photography - Fredric Saunderson (National Library of Scotland, United Kingdom)

Fredric Saunderson is Rights and Information Manager at the National Library of Scotland and Chair of the UK Libraries and Archives Copyright Alliance. Fredric shared with attendees how the National Library of Scotland has adapted its processed in two copyright areas: collection donations and visitor photography.
Fredric Saunderson. Photo: Nadine Loach, 2018

 Fredric highlighted that the library holds collections but does not necessarily hold copyright; an issue many museums, libraries and archives regularly have to deal with when looking at sharing or engaging with their collections. One of the key points made was that when accepting objects for donation, institutions must make clear the copyright status of the objects from the offset, and ensure this is documented appropriately. For example with a copyright form outlining the known copyright status, ownership, contact information where possible, and whether the donor is in a position to approve all or some copyright for particular usage.

As copyright guidance and legislation can be unclear and challenging, Fredric discussed the importance of clear guidance on copyright rules, and the reasons why these exist to be communicated to all collections users from visitors to exhibitions to researchers and staff.

In terms of developing visitor understanding of copyright and photography of their collections, The National Library of Scotland has made changes that enable and encourage visitor photography. For example, with ‘Photography Encouraged’ signage in exhibition and collections spaces. The signage gave an overview of the reasons for copyright law and how visitors can engage with collections through their own personal photography.

Importantly, Fredric quoted the UK Intellectual Property Office by stating that it is not infringement to put literary, dramatic, musical or artistic works on display. So, although Registrars must have a good understanding of copyright and implications for collections, it is also their responsibility to manage the risk and encourage engagement with collections through their display and research.


Written by Nadine Loach, Leeds Museums and Galleries
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ERC 2018: The Registrar in the 21st Century


Panel Discussion: The Registrar in the 21st Century - Chair: Aisha Burtenshaw (UKRG, United Kingdom)

Aisha Burtenshaw chaired a panel looking at how our profession has changed since the first European Registrars Conference in 1998. Panellists considered how the role differs across countries, how we can work together and what we can expect for the role in the future.

The panel included Registrars at difference stages in their careers across the UK, US and Europe: Freda Matassa from Matassa-Toffolo, Linda Pacifici from Palazzo Strozzi, Brandi Pomfret from Echelon Arts Management, David Chan from Wellcome Collection, and myself, Nadine Loach from Leeds Museums and Galleries.

The discussion began by looking at what has changed in the last 20 years. One of the key points was that the role of the Registrar is more widely understood and recognised as a vital part of the management and development of collections. At the same time, Registrars are required to have a deeper understanding of more complex legal issues as the industry and surrounding markets have developed. The Institute of Art and Law courses were recommended to provide a good grounding.

The panel also looked at other new challenges such as working with contemporary art and new media, meaning Registrars must be more flexible and more creative in their problem-solving and planning than ever. Overall, the role is broader than ever, with Registrars providing support to colleagues across all manner of collections issues.

How did the panel become Registrars? Most did not make a conscious decision to be a Registrar, particularly with an awareness of the role and what it entails not being communicated as well as, for example, Curators. Some came from collections management, curatorial and exhibitions roles. Although, the understanding of the role of the Registrar has improved in recent years, with the visibility of the role is developing with sector-related courses and traineeships. The importance of on the job training was highlighted as an important part of gaining an understanding of the role, and provide practical experience that ensures individuals are confident and prepared to deal with the myriad of issues Registrars deal with on a day to day basis.

Sustainability has been a buzzword for many years now, but was it on the agenda when the panel first started out in the sector? The Arts Council require funded institutions in the UK to report on sustainability – covering environmental, financial and social sustainability. Importantly, the panel felt they had to negotiate more than ever now – to do more with less, so in effect are embedding sustainability into their practices. The panel agreed that environmental sustainability is one of the main challenges for the next 10 years – but that it is equally an opportunity as well as a challenge.

What advice did the panel give for new Registrars? Interact and build networks, share experiences to develop your own skills, and work across a variety of institutions to gain a good understanding of how different places work and how you can work with your colleagues across the sector. Being a Registrar is about supporting people and projects, and this requires patience and significant people skills to develop trust. Finally the panel agreed that Registrars are multi-talented and diplomatic and should be more active in cultural matters as a result.

Written by panel member Nadine Loach, Leeds Museums and Galleries
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