As well as keeping an artistic legacy in their own possession, the artist or heirs may decide to donate it on a personal basis (to friends, family and acquaintances) or a professional one (to a collection-managing institution, museum, archiving organisation or library). This is not a simple process, but we encounter it increasingly often in practice.
Our collection-managing institutions in Flanders and Brussels face the same issues as the artists or their families, and they need to consider what possibilities exist for preserving and managing a legacy. The management and conservation of an artistic legacy demand a range of resources and investments, such as a suitable storage space or depot, sufficient time and space for maintenance and preservation, and financial resources that our organisations do not have. Furthermore, it is not recommended to focus on one specific artistic oeuvre, because this leads to limitations in the organisations’ activities.
To be able to house a legacy in a collection-managing institution, it is necessary to consider the collection profile. This profile is often explained in the collection plan or collection policy plan. The collection profile is used to check whether the legacy might augment the collection and/or whether it can be taken on. Organisations also use the collection plan to consider the resources they have available to manage the artistic legacy and make it accessible, and on that basis, they can decide whether or not to refuse the donation.
If you are an artist, heir or stakeholder who is thinking about donating an artistic legacy, it is advisable to ask yourself the following questions:
- What is the collection profile of the legacy? What collection profile does the legacy fit into?
- What does the legacy consist of? What is significant about it?
- Which works belong to the core of the legacy and have helped to define the artist’s artistic career?
- What values and social norms can be attributed to the legacy? These may include a historical, art historical, educational or academic value. Justify your arguments.
- Are there aspects of the entire legacy, such as works of art, publications or the archive, that are already housed with a collection-managing institution, museum and/or archiving organisation? If so, which organisation?
(See also: ‘Valuing your legacy.)
The answer to these questions will enable you to look for a suitable place for the legacy and to engage in talks with interested parties. The CKV can help the artist or heirs in this search. We consider the possibilities, establish contacts and offer support with this process. The important thing here is to have as specific as possible an idea of the contents of the legacy and the values and social norms associated with it.
Moreover, it is advisable to make clear arrangements about what you want to achieve with the donation and, for example, what can be done with the legacy in the future. For instance, you might want to set certain conditions, such as the desire for the artistic legacy to be opened up more for research, or for the archive and oeuvre to be made accessible to a wider audience by means of a website, catalogue of works or exhibitions. This will be set down in an contract that both parties approve. This contract can be supplemented with a list of the items that you are donating and extra information (e.g. contextual information) about the artistic legacy. Additionally, arrangements can also be made concerning copyrights and property rights, digitisation and making the legacy accessible. It is also possible to impose limitations on the right to view certain items.
One of the activities of an estate may be to make a strategic choice to donate certain works of art to museums, a gallery or individuals. It is also possible to choose to sell a selection of works of art on the art market. The aim of this choice is to make the legacy more visible and accessible to the general public by having the works of art taken up by public organisations. It is recommended here to subdivide the artist’s oeuvre into different categories: key works (category A), works for public organisations (category B), works for sale (category C) and works for the family or friends (category D). See the ‘Establishing an estate’ section for a further explanation of this subdivision, in the part about financing your organisation.
