Book Review: “Museum Administration: Law and Practice” by Walter Lehmann (2022)

July 24, 2024

By Helen Boone

According to Walter Lehmann, out of the 35,000 museums in the United States, only 50 maintain in-house counsel.^[1] For those institutions without a lawyer on staff, it can be difficult to determine when a problem requires legal attention. Walter G. Lehmann’s Museum Administration: Law and Practice, already in its second edition, offers a thorough introduction for museum professionals trying to comply with both legal and ethical guidelines. In his textbook, Lehmann addresses a wide range of topics, from employment agreements to deaccessioning work, and provides a deeper dive into some major issues, such as corporate sponsorship and fair use. The book includes sample forms for some commonly needed contracts and compiles relevant cases to illustrate how courts review relevant litigation. Acknowledging that not every museum problem has a solution in the law, Lehmann supplements his legal advice by pointing to guidelines published by associations like the American Alliance of Museums (AAM) and the Association of Art Museum Directors (AAMD). Practical and comprehensible, Museum Administration: Law and Practice successfully gives students, attorneys, and museum administrators a uniquely specialized look into many legal aspects of museum operations.

With over two decades of experience in museum law and business administration, Walter G. Lehmann stands out as an expert in his field. Lehmann earned his bachelor’s degree in English Literature from Williams College before attending William Mitchel College of Law. Additionally, he earned a Masters in Museum Studies from George Washington University.^[2] Lehmann currently acts as managing partner of Lehmann PLC where he works with creative professionals, cultural institutions, and nonprofit organizations on a range of legal topics.^[3] He has served on several boards of directors for museums such as the Landis Valley Museum (Lancaster, PA), The M (St. Paul, MN), and the North Museum of Natural History and Science (Lancaster, PA), where he acted as interim Curator of Collections.^[4] Lehman, formerly on the Collections Committee at the Walters Art Museum in Baltimore, Maryland, is a candidate for associate member of the American Association of Appraisers. He is an adjunct professor at Case Western Reserve University School of Law and Mitchell Hamline School of Law teaching Art Law and Museum Law. Before publishing Museum Administration: Law and Practice, Lehmann co-authored Rights and Reproductions: The Handbook for Cultural Institutions (2018) edited by Anne M. Young.^[5]

This review of Museum Administration: Law and Practice, 2nd. ed. provides a content overview of each of the book’s six chapters: Museum Organization and Governance, Museum Personnel, Museum Facilities, Museum Intellectual Property, Museum Collections, and Museum Collections. It will highlight some of the key subjects addressed. However, given the wide range of topics explored, each reader will likely have their own favorite takeaways from the book.

Museum Organization and Governance

The first chapter sets out to define the museum on both a theoretical and practical level. Lehmann gives readers a brief history of museums, beginning with the Mouseion at Alexandria. He then encourages readers to examine their own understanding of these entities through thoughtful study questions. He proceeds to define the museum practically by referencing the eligibility criteria employed by the Institute of Museum and Library Services (IMLS) for grants and the American Alliance of Museums (AAM) for their Accreditation Program. The criteria include being “organized on a permanent basis for essentially educational or aesthetic purposes” and having “a formal and appropriate program of documentation, care, and use of collections or objects.”^[6] Lehmann goes on to explain how decision-making authority can be delegated to museum staff, but the trustees are responsible for oversight and have a duty to “exercise good faith” and manage the museum based on a “prudent person” standard of care.^[7] The first chapter of this casebook lays a conceptual foundation for museum management and prepares the reader for the more practical guidance to come.

Museum Personnel

Here, Lehmann tackles both general staffing matters every employer manages and museum-specific concerns most employment lawyers would not consider. Lehmann provides an in-depth look at critical topics such as types of employment contracts, best practices for hiring, and IRS requirements regarding employees.^[8] He goes beyond the basics to address unions and workplace discrimination laws.^[9] Specifically tailored to museums, Lehmann provides guidance on immigration issues, like the O1B visa for artists, and encourages museum professionals to clarify the responsibilities of contracted staff, interns, and volunteers, ensuring clear roles to avoid salary misunderstandings. The author’s expertise working with museums is demonstrated when he recommends employers consider OSHA compliance issues when their employees handle taxidermied specimens, as they might contain hazardous preservation chemicals.^[10]

Museum Facilities

Chapter three focuses on the responsibility of museum administrators to foster a safe and peaceful environment. Lehmann not only delves into the intricate details of personal injury and ADA compliance laws, stressing the pivotal nature of accessibility within museum settings but also navigates the complexities of the First Amendment as it applies to government-funded entities.^[11] For museums housed in historic buildings, Lehmann includes advice for registering structures under the National Historic Preservation Act.^[12]

This chapter also sheds light on when and how museums can regulate speech, both on-site and online. Lehmann emphasizes how important it is for museum staff to be aware of limitations placed on tax-exempt entities when hosting political events.^[13] Additionally, Lehman includes the 2019 Georgia Supreme Court case GeorogiaCarry.org v. Atlanta Botanical Garden, Inc., where a gun-rights organization challenged a botanical garden’s prohibition of weapons on its premises, which were leased from a city. The court’s decision hinged on whether the leased premises constituted private property under Georgia law, impacting the garden’s authority to enforce such prohibitions. This is just one of many cases Lehmann adds throughout his chapters to illustrate the types of litigation museums might face and the way courts make their decisions in these matters.

By blending legal insights with practical advice, this engaging chapter equips museum professionals with effective strategies for managing their facilities amidst regulatory landscapes, ensuring they meet both legal standards and community needs.

An Overview of GeorogiaCarry.org v. Atlanta Botanical Garden, Inc. (2019)

In GeorgiaCarry.org v. Atlanta Botanical Garden, Inc., the Supreme Court of Georgia heard arguments from a non-profit gun-rights organization challenging a public botanical garden’s prohibition of weapons on its premises, which were leased from the city. The court’s decision hinged on whether the leased premises constituted private property under Georgia law, impacting the garden’s authority to enforce such prohibitions. The GeorogiaCarry.org case involves a museum’s ability to prohibit certain types of activities on its property. The court’s ruling turns on whether a Georgia law permits a private organization that leases property from a government entity to prohibit the carrying of firearms on the leased premises. The court makes clear at the outset that its decision is not based on federal or state constitutional questions, even though the impetus behind bringing the cases is the constitutional right to bear arms and, tangentially, the right to freedom of expression. The Court held, therefore, that if the city, a public entity, was the holder of the present estate under the lease, the leased premises were not private property within the meaning of § 16-11-127(c), thus, the garden would have no right to exclude the carrying of firearms on the leased premises because it was not in legal control of private property through a lease; [3]-However, because the lease was not in the record on appeal and it was necessary to examine its provisions to determine whether the garden was granted an estate, summary judgment should not have been granted in favor of the garden.

Museum Intellectual Property

In chapter four, Lehmann introduces readers to the intricacies of intellectual property within the museum world. The chapter starts with a comprehensive primer on intellectual property rights in general before thoroughly exploring five key forms of IP essential to museum operations; Patents, Trademarks, Personal Rights, Copyrights, and Fair Use. Lehmann quickly dismisses patent law as not very pertinent in the museum setting before describing the importance of registering and maintaining trademarks to safeguard museum logos against unauthorized use.^[14] The subject of personal rights follows. Here Lehmann addresses the delicate process of sharing information about donors, visitors, and subjects of artworks on display. He advises museum staff to investigate their state privacy laws as each jurisdiction is unique.^[15]

The chapter then provides practical guidance on copyright law, explaining how to determine a piece of art’s copyright status, how to mitigate infringement risk, and how to interpret key provisions of the US Copyright Act.^[16] Finally, Lehman explores the major exception to copyright, fair use.^[17] He goes over Section 7 of the U.S. Copyright Act’s four-factor balancing test and highlights the elements the courts typically find most relevant through expertly selected case studies.^[18] Acknowledging the law here is vague, Lehmann points to the AAMD’s Guidelines for the Use of Copyrighted Material and the College Art Association (CAA)’s Code of Best Practices for Fair Use in the Visual Arts for clarification.^[19] With its depth of coverage and practical insights, this chapter encourages museum professionals to foster creativity while complying with dynamic intellectual property laws designed to protect creatives as well as employers.

Museum Collections

Lehman studies the management of cultural and scientific treasures protected by museums around the country in chapter five. Most importantly, the chapter emphasizes the necessity for each museum to craft a tailored policy that dictates the care and preservation standards for their collections, underlining the potential legal repercussions for failing to meet those standards.^[20] Lehmann guides readers through the complexities of accepting gifts, stressing the importance of clear documentation and ethical considerations to avoid malpractice such as tax fraud.^[21] Lehmann touches on ethical considerations in deaccessioning, restitution claims, and international cultural heritage preservation laws.^[22] The book even provides an example commission agreement form.^[23] The chapter also sheds light on the processes involved in ensuring proper title, offering legal insights into ownership disputes.^[24] Lehmann’s advice about securing title demonstrates just how thorough Lehmann’s approach to each topic is. He suggests museums should always request a completed provenance questionnaire from the previous owner of each work they acquire “in addition to committing their own individual research into the transaction history of the piece.”^[25] Then, he discusses what evidence courts consider when deciding title disputes.^[26] After this, he reminds readers that museums will also have self-enforced ethical guidelines for stolen art. This chapter informs and inspires a deeper appreciation for the legal and ethical complexities inherent in museum collection management.

Museum Funding

The final chapter offers advice for navigating the complex regulatory frameworks at both state and federal levels. Acknowledging the difficulty in developing expertise in this constantly evolving area of law, Lehman manages to include useful information about ongoing topics, such as which income is taxable based on IRS criteria, as well as more contemporary topics, such as when an internet fundraiser mandates registration.^[27] Lehman goes on to highlight the diverse sources of government funding available to museums, even including a list of local and national organizations providing funding for museums.^[28] This chapter is quite technical, but still manages to remain accessible and informative.

Conclusion

Museum Administration: Law and Practice by Walter G. Lehmann offers a comprehensive and practical guide to navigating the complex legal landscape of museum management. Each chapter provides a thorough exploration of crucial topics, from organizational governance to intellectual property rights and funding strategies. Lehmann’s adept handling of museum-specific legal issues, coupled with his extensive experience in both law and museum administration, lends a unique perspective that enriches the text with practical insights. The cases selected offer a helpful representation of how courts approach these issues, and the inclusion of study questions at the end of each topic encourages deeper engagement and critical thinking, encouraging readers to grapple with complex legal issues in museum administration. Lehmann skillfully integrates advice on when to seek external legal counsel and refers readers to best practices outlined by the American Alliance of Museums (AAM) and the Association of Art Museum Directors (AAMD), ensuring a holistic approach to museum governance beyond mere legal compliance. The book’s organization and clarity make it accessible to a broad audience. It can function as a key resource for museum professionals, a helpful toolbook for attorneys entering the field, or a textbook for art law or museum studies programs. Ultimately, Museum Administration: Law and Practice stands as a testament to Lehmann’s commitment to empowering cultural institutions with the knowledge to thrive in a complex regulatory environment while preserving and promoting cultural and scientific exploration.

To learn more on this topic and about the book:

Find Museum Administration: Law and Practice on Amazon HERE.

Learn more about museum association resources with the American Alliance of Museums (AAM) and the Association of Art Museum Directors (AAMD).

About the Author:

Helen Boone is a rising second-year student at the University of Colorado School of Law and a legal intern at the Center for Art Law.

Select Sources:

1. WALTER G. LEHMANN, MUSEUM ADMINISTRATION xi-xii (2nd ed., Rowman & Littlefield Publishers 2022). ↑
2. Lehmann PLC, About Me, https://lehmannplc.com/about-me/ (last visited July 15, 2024). ↑
3. Id. ↑
4. ​​Id. ↑
5. Id. ↑
6. Lehmann, Supra note 1, at 5-7 ↑
7. Id. at 10 ↑
8. Id. at 62-63 ↑
9. Id. at 75, 77 ↑
10. Id. at 76 ↑
11. Id. at 140, 155, 181 ↑
12. Id. at 199 ↑
13. Id. at 157 ↑
14. Id. at 202-205 ↑
15. Id. at 204 ↑
16. Id. at 255-290 ↑
17. Id. at 292 ↑
18. Id. at 293-294 ↑
19. Id. at 294 ↑
20. Id. at 413 ↑
21. Id. at 417-419 ↑
22. Id. at 508-511 & 534 ↑
23. Id. at 421 ↑
24. Id. at 495 ↑
25. Id. at 460 ↑
26. Id. at 461 ↑
27. Id. at 583 ↑
28. Id. at 606 ↑