The examination of the Alfred Stieglitz Collection of Modern Art at Fisk University highlights the distinct challenges encountered by college and university museums and galleries as they navigate their obligations to donors, the public, and their affiliated institutions.
This thesis contends that Fisk University violated established museum ethics while creatively addressing its parent institution's financial challenges and upholding charitable intentions It will explore the legal implications of breaching donor restrictions, evaluate the university museum's role and position, and assess the precedent set by the Fisk case within the museum community.
Chapter 1: The Considerations of Restricted Gifts 5
Chapter 2: The History of Fisk University and the Stieglitz Collection 8
Chapter 3: Fisk in Court: The Legal Battle over the Alfred Stieglitz
Chapter 4: University and College Art Galleries and Museums:
The Monetization of Campus Collections 28
The Stieglitz collection is being donated to Fisk University to demonstrate the diversity of perspectives and thought By showcasing various viewpoints, the collection aims to inspire individuals to embrace their unique perspectives, regardless of their differing directions.
In 1949, Fisk University in Nashville, Tennessee, received a significant donation of artwork from the estate of renowned photographer Alfred Stieglitz, facilitated by his wife, painter Georgia O’Keeffe Over 50 years later, the Alfred Stieglitz Collection of Modern Art became central to a conflict between institutional survival and honoring the donor's intent This case underscores various legal and ethical challenges faced by museums, particularly concerning the legality of gift restrictions and the ethical implications of using museum funds to address the financial needs of the parent institution.
Donor-imposed restrictions pose challenges for museums across the board, but Fisk University’s experience highlights specific issues faced by university museums During periods of economic uncertainty, the perception of cultural assets shifts, leading to their use as income-generating tools This lack of institutional advocacy for university museums and galleries makes their collections vulnerable to monetization.
This thesis explores the history of Fisk University and its connection to the Alfred Stieglitz Collection of Modern Art, highlighting that while Fisk acted within its legal rights, it did not adhere to the ethical standards established by professional museum organizations The challenges encountered by the Alfred Stieglitz Collection reflect the broader issue of dual identity faced by university museums and galleries, which serve as both public institutions and extensions of larger parent organizations.
This article delves into the complexities of gift restrictions in art museums, focusing on the legal process of cy pres and the reasons behind imposing such restrictions It highlights the historical context of Fisk University and its connection to the Alfred Stieglitz Collection of Modern Art, particularly emphasizing Georgia O’Keeffe’s donation and her intended charitable purpose The narrative progresses through Fisk’s protracted legal struggles within the Tennessee Court system, clarifying the courts' interpretation of O’Keeffe’s charitable intentions Finally, the discussion addresses the ethical implications surrounding the court's final remedy, examining the interplay between O’Keeffe’s gift restrictions and Fisk University’s subsequent actions.
The Considerations of Restricted Gifts 5
The survival of non-profit institutions like Fisk University largely depends on donor generosity, which can include monetary gifts, volunteer efforts, or donated artworks Donors often attach stipulations to their contributions, which may vary from minimal to strict According to Rebecca Buck, former museum registrar, the most common restrictions for artwork donations are requests for permanent exhibition or maintaining the integrity of an existing collection It is essential that these terms are clearly outlined in a deed of gift, agreed upon by both the donor and the receiving museum Maria Malaro, in her work on managing museum collections, emphasizes the importance of such agreements.
The offer and acceptance of an object for museum collections reflect contemporary evaluations of its suitability and potential use, with both the donor and curator hoping that their judgments will be validated over time.
Numerous museums outline their approach to restricted gifts within their collection policies or specific gift guidelines Additionally, professional museum organizations offer valuable insights on this matter For instance, the Association of Art Museum Directors discusses donor restrictions pertaining to gifts in the 2011 edition of their publication, "Professional Practices in Art Museums."
1 Buck and Gilmore, Museum Registration Methods 5 th Edition, 46
2 Malaro and DeAngelis, A Legal Primer on Managing Museum Collections, 151
Gifts and bequests to museums should ideally be unrestricted, allowing for the free application of reliable scholarly and scientific information in areas such as attribution, dating, iconography, provenance, and conservation Conditions that limit the museum's ability to uphold these standards should not be accepted when acquiring works of art.
Museums and professional organizations often approach restricted donations with caution due to valid concerns Strict limitations can hinder a museum's ability to properly care for the artwork entrusted to them In fact, these restrictions can lead to outcomes contrary to the donor's intentions A notable example is the Barnes Foundation in Philadelphia, established by Dr Albert Barnes, a wealthy industrialist who curated an extensive collection of European paintings, African sculptures, and decorative arts Although he gifted his collection and an endowment to the Foundation, both came with significant restrictions that impacted its operations.
Barnes’ indenture included rules related to the collection, access, and endowment investments, all factors that affected the sustainability of the organization
Board members of the Barnes Foundation were mandated to seek approval from Philadelphia courts for any organizational changes due to legally binding stipulations This highlights the detrimental impact that excessive restrictions can have on the sustainability of an institution, serving as a cautionary example for others.
3 Association of Art Museum Directors, “Professional Practices in Art Museums.”
4 Anderson, Art Held Hostage: The Battle Over the Barnes Collection, 24
Museums often face challenges when restrictions from donors do not align with evolving societal needs and organizational missions Over time, a donor's original charitable intent may diverge from what the museum can realistically implement due to limitations in funding, staffing, or facilities In such cases, museums can seek legal relief through the doctrine of cy pres, a principle that allows for the modification of charitable donation restrictions while striving to honor the donor's intent as closely as possible.
Cy pres exemptions are sought by recipients when they can no longer comply with the legally binding terms set by a donor, typically outlined in gift agreements and related documentation To pursue court approval for relief, institutions must demonstrate their inability to adhere to the original agreement When filing for a cy pres action, petitioners must prove that fulfilling the donor's intended purpose is impossible, impractical, or illegal, while also showing that the donor had a general charitable intent when making the gift.
When museums attempt to petition the court for relief from their restrictions, the attorney general of the state in which the museum is located often steps in Attorneys
General have become the enforcers of charitable gifts and trusts, ensuring that museums
5 Eason, “Private Motive and Perpetual Conditions in Charitable Naming Rights:
When Good Names Go Bad,” 124
6 Willard, “Illustrations of the Origin of ‘cy pres,’” 72
7 Malaro and DeAngelis, A Legal Primer on Managing Museum Collections, 22
Attorneys General serve as representatives of the public in matters concerning charitable contributions related to the public trust, ensuring that the intentions of benefactors are honored The public trust concept emphasizes the accountability and transparency of public institutions to their communities When museum objects enter the public realm, they are held for the benefit of the public, establishing a shared relationship between the institution and the community that collectively engages with the museum's collections.
Each state has unique laws governing the oversight of charitable trusts by the Attorney General In Tennessee, where Fisk University is located, the Attorney General is specifically designated as the overseer and enforcer of charitable trusts according to the Charitable Beneficiaries Act.
In 1997, the Attorney General stepped in during legal proceedings to represent a donor of a charitable gift, aiming to uphold the original charitable intent Although imposed restrictions can complicate matters for the receiving institution, many organizations still agree to them in their gift agreements This raises the question of why such practices persist While donating to the public trust is often seen as a commitment to perpetuity, certain donor intentions may not realistically be maintained beyond a generation.
Governments cannot foresee the future with absolute certainty, yet they often make commitments that could influence the sustainability of their organizations Many institutions embrace these commitments to safeguard their relationships with current and potential donors.
Donors often impose restrictions on donated artwork to preserve their legacy and showcase their financial and professional achievements, as well as their philanthropic inclinations.
10 Tennessee State Government, “Reviewing Nonprofits and Charitable Trusts/Gifts.”
Cultivating a significant art collection requires years of dedication and substantial financial investment, making it a challenging decision for collectors to part with their personal projects According to Susan Duke, a New York City art lawyer, many donors take pride in showcasing their collections Museums must recognize that the act of donating artwork can evoke feelings of loss for collectors, emphasizing the need for sensitivity in these transactions.
From the donor’s perspective, these restrictions are not created arbitrarily
Lawyers and philanthropic non-profit organizations assist donors in drafting wills and agreements to guarantee that their intentions are respected after their passing Donors aim to safeguard their contributions to museums, not to complicate matters, and additional oversight may be required when institutional governance is lacking.
12 Grant, “College Museums’ Sales of Art Raise Thorny Issues.”
13 Cohen, “Museums Grapple with the Strings Attached to Gifts.”
14 Yermack, “Donor governance and Financial Management in Prominent US Art
The History of Fisk University and the Stieglitz Collection 8
Fisk University, established on January 9, 1866, in Nashville, Tennessee, was created to provide education for recently emancipated slaves Originally named Fisk School, it was founded by missionaries with experience in West Africa, aiming to offer freedmen the education they had been denied The initial curriculum focused on reading, writing, and basic arithmetic, attracting students of all ages who demonstrated a strong desire to learn Recognizing the need for higher education, the administration developed an advanced curriculum, leading to the school's incorporation as Fisk in 1867.
University, and by 1869 the University had developed a college-level program 16
During its formative years, Fisk University demonstrated a dedication to the arts
In the 1930s, the school started hosting art exhibitions, marking a significant cultural development In 1931, the University received its inaugural art collection gift from Chicago businessman Samuel Insull, who donated nearly 300 drawings and watercolors by Cyrus Leroy Baldridge These artworks, which depicted Baldridge's experiences in West Africa, resonated with the cultural heritage of many Fisk students This generous contribution garnered national attention, with the New York Times recognizing Fisk as a "cultured center."
In 1947, Dr Charles S Johnson was named the first African American president of Fisk University Johnson previously had served as the Chairman of the school’s
Department of Social Sciences, where he focused his research and publications on race
15 Richardson, The History of Fisk University, 1865-1946, 14
As the leader of Fisk University, Johnson dedicated himself to creating advanced opportunities for students and fostering relationships that aligned with the university's mission of academic excellence and cultural significance Prior to his tenure at Fisk, he was an editor for Opportunity magazine, which positioned him at the heart of the Harlem Renaissance During the 1920s, Johnson collaborated with prominent figures such as Ella Fitzgerald, Langston Hughes, and Zora Neale Hurston, earning praise from poet Arna Bontemps and artist Aaron Douglas for his significant contributions to the arts during that era He infused these artistic influences into Fisk, cultivating an academic environment that celebrated both visual and performing arts.
During this period, Johnson encountered Carl Van Vechten, a multifaceted artist and philanthropist who became pivotal to Fisk University’s most debated asset Van Vechten, known for his deep involvement in the Harlem Renaissance, fostered relationships with prominent African American artists and shared Johnson's progressive vision for dismantling racial prejudices As a notable author and civil rights activist, Johnson played a crucial role in advancing the NAACP, while Van Vechten strategically utilized his extensive art collection to promote racial unity, exemplified by his donations, including those related to James Weldon Johnson.
Collection at Yale University Van Vechten understood that by doing so, African
American scholars would have to visit an almost all white university to research this
18 Gilpin, “Charles S Johnson: Scholar and Educator,” 545
The TEDxNashville event features a collection titled “Creswell-Betsch – A Special Gift of Extraordinary Art,” highlighting the contributions of Van Vechten, who established the George W Gershwin Memorial Collection of Music and Music Literature at Fisk University to attract white scholars His dedication to fostering interracial scholarship led him to donate a collection of photographs from the 1930s and 40s to the university Ultimately, Van Vechten's philanthropic efforts culminated in his role as chairman of Fisk's Fine Arts Commission, where he built relationships with notable artists, including Georgia O’Keeffe, the wife of Alfred Stieglitz.
Alfred Stieglitz was a pioneering figure in photography, transforming it from a mere documentation tool into a respected form of artistic expression Initially trained as an engineer, he shifted his focus to photography and became actively involved with the Camera Club of New York, a group of amateur photographers Stieglitz later founded his own gallery, 291, where he showcased the works of American modernist painters and photographers, ultimately meeting his future wife, Georgia O’Keeffe, and influential figure Carl Van Vechten.
In 1915, Stieglitz was shown a series of charcoal landscape drawings by O’Keeffe 27 From that moment, Stieglitz would become her greatest advocate, and she would serve as
21 MacLeod, “The ‘Librarian’s Dream-Prince’: Carl Van Vechten and America’s Modernist Cultural Archives Industry,” 374
22 Fisk University, “Special Collections and Archives.”
23 MacLeod, “The ‘Librarian’s Dream-Prince’: Carl Van Vechten and America’s Modernist Cultural Archives Industry,” 375
24 Powell and Reynolds, To Conserve a Legacy: American Art from Historically Black Colleges and Universities, 120
26 Hostetler, “Alfred Stieglitz (1864-1946) and American Photography.”
Between 1917 and 1925, Alfred Stieglitz photographed Georgia O’Keeffe over a hundred times, establishing her as a significant figure in his artistic circle, which included early modernist painters like Marsden Hartley and John Marin O’Keeffe emerged as a leading artist of the movement, ultimately becoming one of America's most renowned painters.
On July 13, 1946, at the age of 82, Stieglitz passed away from a stroke, leaving behind an impressive art collection of around 900 items, prominently featuring his photographic works His wife, O'Keeffe, was appointed as the executrix of his estate, responsible for managing the distribution of his collection according to the specific stipulations outlined in his will.
My wife has the right to transfer the property or any portion of it, without receiving any payment, to one or more corporations as outlined in Article THIRD of this Will, and she may choose or establish these corporations during her lifetime.
Article third of the will expanded on the criteria for the types of organizations that should receive his collection The article third stated:
In the event of my wife's passing, I bequeath my entire collection of photographs and other artworks, including those I created, that remain undisposed of by her, to one or more corporations This property shall be held by these corporations under arrangements that ensure public access in a reasonable manner.
29 Wei, Linda, dir The Gift: The Alfred Stieglitz Collection at Fisk University
In the case of Georgia O’Keeffe Foundation (Museum) v Fisk University, it was determined that while access to art study is encouraged, no corporation can benefit from the bequest if its net earnings support private individuals or if a significant portion of its activities involves lobbying or influencing legislation.
O'Keeffe distributed parts of her collection to prestigious institutions like the Metropolitan Museum of Art, the Museum of Modern Art, and the National Gallery of Art Ultimately, Fisk University became the final home for these artworks In 1949, the university received a significant donation of 97 pieces, known as the Alfred Stieglitz Collection of Modern Art This decision sparked some confusion, as it seemed unexpected for a small, historically black college in the South to showcase works by renowned artists like Pablo Picasso, Auguste Renoir, and Paul Cézanne.
Cézanne, Arthur Dove and Charles Demuth 33
On June 8, 1949, Georgia O’Keeffe wrote to Fisk University President Charles S Johnson The letter stated the following:
Pursuant to the authorization given me as Executrix of the Last Will and
On May 19, 1949, the Surrogate’s Court of New York County ruled on the testament of Alfred Stieglitz, designating Fisk University as the permanent recipient of various objects that were previously loaned from the Stieglitz Estate.
Fisk University is committed to retaining the integrity of the Stieglitz Collection, ensuring that none of its objects will be sold or exchanged Additionally, the university will lend The Gaboon as part of its dedication to preserving and sharing its artistic heritage.
33 Fisk University, “The Carl Van Vechten Gallery.”
Figure to the Museum of Modern Art every three years for a period of three months if requested to do so 34
President Johnson replied with a letter on June 13, 1949 The letter acknowledged that
Fisk University is committed to never selling or exchanging any items from the Stieglitz Collection Despite Johnson's limited experience with object donations and university collections, his ambition to transform Fisk University into a cultural hub in the South likely led to the acceptance of all stipulations to secure the donation.
O’Keeffe’s relationship to Fisk was new, her relationship with Carl Van Vechten, a longtime supporter of the university, may have factored into the acceptance of the agreement
In additional correspondence, O’Keeffe outlined further stipulations for the artwork in the collection, including the following:
• The artwork is to be designated as the Alfred Stieglitz Collection
• No photographs in the Collection may be loaned to any other person or institution, and the other works may only be loaned for certain limited purposes
• The photography mounting and matting may not be removed or changed
• The Collection is to be exhibited intact and no other artwork is to be shown in the same room without Ms O’Keeffe’s consent
• The Collection must be under surveillance at all times when the room is not locked
34 Clement, Frank G “Georgia O’Keeffe Foundation (Museum) v Fisk University.”
• The Collection should be housed in as safe a building as possible
• The walls are to be painted white or a very light color designated by Ms
Georgia O’Keeffe was encouraged by friend Carl Van Vechten to make the gift to Fisk University, but it is unclear whether he encouraged her stipulations Though
Fisk in Court: The Legal Battle over the Alfred Stieglitz
By 2005, Fisk University was in a precarious situation, with President Hazel O’Leary warning of potential closure due to severe financial issues The university faced a $2 million deficit, a nearly depleted endowment, and several mortgaged buildings As a result, many academic and staff positions were cut, leading to a drastic decline in enrollment, which dropped to just 700 students.
Fisk University’s Board of Trustees and academic governance faced a critical assessment of their assets, including the school's art collections In response to ongoing challenges, President O’Leary, in her first year, proposed a significant measure to address Fisk’s financial issues by initiating the sale of artworks from the Alfred Stieglitz Collection of Modern Art, despite the restrictions imposed by Georgia O’Keeffe on the gift.
In 1949, a collection was legally restricted from being sold or divided, prompting the university to file a motion with the Tennessee court, emphasizing the urgent need for the sale Fisk University argued that selling just two artworks could provide essential funds to restore its endowment, enhance its mathematics, biology, and business administration departments, and construct a new science building.
The two paintings in question were Marsden Hartley’s Painting No 3 and
Georgia O’Keeffe’s painting, Radiator Building: Night, New York, was not included in the initial gift to Fisk University; it was donated at a later time Fisk University contended that the restrictions associated with the Stieglitz Collection did not apply to the four works in question.
45 Emery, “Settlement Would Allow Fisk University to Sell 2 Painting From Its
In the case of "Georgia O’Keeffe Foundation (Museum) v Fisk University," the Tennessee court determined that evidence indicated O’Keeffe intended for her later gifts to be permanently incorporated into the Stieglitz Collection Consequently, all donor conditions apply to the four additional paintings she donated.
At the time Fisk estimated that the paintings Painting No 3 and Radiator
The artwork "Radiator Building: Night, New York" is estimated to fetch around $16 million at sale, positioning it as one of the most valuable pieces in the collection Beyond their financial worth, these artworks have emerged as standout highlights within the collection, particularly "Radiator Building: Night."
New York This work by Georgia O’Keeffe had become synonymous with her career in
New York City reflects the significant connection between the artist and her late husband, Alfred Stieglitz, highlighted by his name in the top left corner of the painting This artwork, deeply intertwined with the lives and relationship of the university's generous benefactors, is now being sold by 49 Fisk.
The sale of these two artworks was driven primarily by their estimated monetary value, attracting considerable attention to the announcement If Fisk had opted to sell a lesser-known piece by an obscure artist, it raises the question of whether the same level of publicity and opposition would have been generated.
Fisk’s lawyer later argued that due to its lack of financial resources, the
University could not adhere to the restriction of keeping the Stieglitz Collection intact
47 Feld, “Who Are the Beneficiaries of Fisk University’s Stieglitz Collection?” 883
48 Stout, “Struggling Colleges Debate the Propriety of Selling Their Art.”
49 Fryd, “Georgia O’Keeffe’s ‘Radiator Building’: Gender, Sexuality,
University representatives asked the court to approve the sale of Painting No 3 and
The Radiator Building in New York exemplifies the application of the cy pres doctrine, which addresses challenges related to charitable gifts This legal principle comes into play when the recipient, in this case, Fisk, argues that they can no longer meet the stipulations of the gift agreement Fisk asserted that without additional funding, they could not adequately care for the Stieglitz Collection The university proposed that proceeds from the sale would not only facilitate renovations of the Carl Van Vechten Gallery but also ensure the ongoing maintenance of the collection.
Following Fisk University's initial motion, the Georgia O’Keeffe Foundation sought to intervene on behalf of O’Keeffe’s estate Established after O’Keeffe's passing in 1986, the Foundation aims to represent her estate's interests In a formal petition to the court, the Foundation outlined its position.
The Foundation stated that Fisk University's proposed sale would breach the terms of the O'Keeffe gift agreement, potentially nullifying the contract They argued that such a violation would undermine the ownership rights of the Alfred Stieglitz collection.
In March 2006, the Georgia O’Keeffe Foundation sought to transfer its interest in a legal case regarding the Collection of Modern Art back to the Georgia O’Keeffe Museum, following motions from both Fisk University and the Foundation By May, the trial court approved this substitution, while Tennessee Attorney General Robert Cooper filed a motion to intervene in the matter, highlighting the involvement of charitable donations and trusts in the case.
Attorney General’s role is to represent the public interest
51 Clement, Frank G “Georgia O’Keeffe Foundation (Museum) v Fisk University.”
Fisk University filed a motion to dismiss the case, asserting that Georgia O’Keeffe donated artwork while acting as the Executrix of her husband’s estate, not as a representative of her own estate This legal argument highlights the distinction in O’Keeffe's role during the donation process.
The O’Keeffe Museum, representing the artist's estate, lacked legal rights to the Stieglitz Collection In October 2006, a trial court ruled against their motion, concluding that O’Keeffe had independently gifted the Stieglitz Collection works, along with four additional pieces she owned, to Fisk University.
In April 2007, Fisk University sought relief under cy pres, prompting the Georgia O’Keeffe Museum to file a motion for reversion of the Alfred Stieglitz Collection The Museum argued that if Fisk could not fulfill O’Keeffe's stipulations for the gift, they were entitled to reclaim ownership They interpreted Fisk's request for cy pres as an acknowledgment that the conditions could not be met However, the court denied the reversion request, citing the absence of a reversion clause in O’Keeffe's donation documentation.
University and College Art Galleries and Museums
The establishment of the Carl Van Vechten Gallery at Fisk University integrated the institution into a broader network of university museums and galleries, which play a vital role in enhancing educational missions The Ashmolean Museum at the University of Oxford, founded in 1683 and recognized as the first university museum, exemplifies this concept Gifted by Elias Ashmole to promote knowledge of nature for human well-being, the museum featured lecture halls and demonstration rooms, reinforcing its educational purpose By being open to the public, it served both academic and community needs, setting a precedent for future university museums to emulate.
In 1832, John Trumbull, a prominent painter from the American Revolutionary War, donated 100 historical artworks to Yale College, which later became Yale University This significant gift prompted the university's administrators to establish a dedicated space for the collection, ultimately leading to the creation of the Yale University Art Gallery The incorporation of galleries and collections into educational institutions marked a pivotal development in the American art landscape.
72 Vitelli, “One Object, Many Meanings: Museum Collections as Academic
73 Ashmolean Museum of Art and Archaeology: University of Oxford “History of the
74 Vitelli, “One Object, Many Meanings: Museum Collections as Academic
75 Ashmolean Museum of Art and Archaeology: University of Oxford “History of the
The Ashmolean Museum, recognized as the nation's first college-affiliated art museum, set a precedent that inspired other institutions, including Vassar College, one of the oldest women's colleges in the U.S., to establish dedicated galleries upon their founding This trend of creating art museums within colleges and universities persisted throughout the 19th century, highlighting the growing importance of art education in higher learning.
Professional associations like the American Alliance of Museums (AAM) and the International Council of Museums (ICOM) advocate for museums to establish elected Boards of Trustees However, 77 university museums and galleries frequently do not have this formal leadership structure in place Instead of a dedicated board, these institutions typically depend on a director, department heads, and higher-level administrators, along with advisory boards and committees for guidance Consequently, many museums operate under the indirect oversight of the university’s Board of Trustees, which is accountable for the overall viability of the university.
Fisk University is considered the "parent organization" of its gallery, viewing the maintenance of its collection as a minor aspect of its broader mission It is important to highlight that the university operates without an advisory board, placing all decision-making authority in the hands of the Board of Trustees.
University boards can seek guidance from museum or gallery staff, but they are not required to follow museum standards and best practices It's important to note that museums, regardless of size or type, are not legally bound to these guidelines; instead, they have an ethical responsibility to uphold them Recommendations from organizations like the American Alliance of Museums (AAM), the Association of Art Museum Directors (AAMD), and the International Council of Museums (ICOM) establish a framework for museums to function professionally and ethically in the broader community.
76 Jaffe, “The John Trumbull Memorial Exhibition at Yale.”
77 Code of Ethics, American Alliance of Museums
78 Lacayo, “Hard Sell.” museum community Deviation from those standards can result in professional sanctions or a loss of an organizational accreditation
The Association of Academic Museums and Galleries (AAMG) and the College Art Association (CAA) support college and university museums by promoting adherence to professional ethical standards While these organizations establish operational guidelines for university museums, the latter often lack influence over critical decisions made by their parent institutions This hierarchical structure benefits many, but some university museums face challenges when their Boards of Trustees make decisions that jeopardize their collections, especially during financial crises A notable example is Fisk University, which illustrates the risks university museum collections face in such circumstances.
In 2009, Brandeis University President Jehuda Reinharz announced the permanent closure of the Rose Art Museum by the end of summer, shocking the museum community and Brandeis stakeholders The Board of Trustees planned to auction off the museum's entire inventory, a decision that particularly surprised director Michael Rush, as it was made without consulting museum staff or advisory board members This controversial move was attributed to the economic recession impacting the university.
The College Art Association addressed the deaccession of artworks, highlighting how the fiscal downturn impacted their endowment and donor contributions Claims by Reinharz that the decision was made in collaboration with the Massachusetts Attorney General were proven false, leading to a review by the Attorney General's office This controversy sparked complaints from donors, including the Rose family, founders of the museum, and resulted in resignations from several museum staff, including Director Michael Rush In response to widespread backlash from donors, students, faculty, and the museum community, Brandeis University ultimately decided to abandon their deaccession plan and preserve the Rose Art Museum.
Randolph College, formerly known as Randolph-Macon Woman’s College, experienced significant financial instability in January 2007, raising concerns about potential loss of academic accreditation In response, the institution sought new revenue streams, including the historic decision to enroll male students for the first time Additionally, Randolph College turned to its Maier Museum of Art, established in 1920, to explore the sale of several artworks as a means to bolster its financial situation.
Similar to Fisk University, these artworks were donated to Randolph College with the condition that they remain unsold In response, the college sought legal recourse and relief under the cy pres doctrine Ultimately, the court resolved the issue, granting the college permission to sell several pieces from its permanent collection.
80 Dillon, “The Rose Art Museum Crisis,” 87
The cases of the Rose Art Museum and the Maier Museum of Art highlight the precarious status of university art collections, which, while being valuable tangible assets, do not translate into financial resources Notable works by renowned American artists, such as George Bellows and Edward Hopper, are included in these collections, emphasizing their cultural significance despite the challenges they face.
In May 1965, Alfred K Guthe, director of the Frank H McClung Museum at the University of Tennessee, highlighted the dual role of university museums during the AAM annual conference He emphasized that their success hinges on both integration within the academic community and service to the local community, which may rely on the museum as a primary cultural center While Nashville boasts several cultural institutions, such as the Frist Art Center and the Vanderbilt Museum of Fine Arts, Fisk University historically relied on the Carl Van Vechten and Aaron Douglas Galleries for public access to permanent art collections This dual identity of university museums necessitates building relationships with both the university and the surrounding public Fisk University's governance, led by President Hazel O’Leary, focused on supporting the university's mission without acknowledging the broader Nashville community, which also benefits from the Stieglitz Collection It is essential for higher education governance to recognize university museums as unique entities that fulfill distinct roles within both the academic and local landscapes.
83 Stout, “Struggling Colleges Debate the Propriety of Selling Their Art.”
84 Frist Art Museum, “The Frist Art Museum.”
The recent controversies surrounding Brandeis University, Randolph College, and Fisk University highlight the critical role that university museums play in serving the public interest As demonstrated by the public outcry over these issues, the significance of university museums extends beyond their institutional objectives, emphasizing their value to the community at large.
An Ethical Analysis 34
This analysis focuses on the ethical implications surrounding the Alfred Stieglitz Collection of Modern Art at Fisk University, rather than the ethics of Georgia O’Keeffe’s gift itself It raises questions about the appropriateness of donating to an institution with limited resources for care and maintenance, as well as the ethics of attaching stipulations to such gifts, which may suggest donor control The discussion will explore whether the generated funds were used ethically, if the court's remedy respected the donor's intent, and whether Fisk University breached public trust.
Fisk University faced legal restrictions on selling items from the Alfred Stieglitz Collection of Modern Art without court approval, due to the conditions of the gift While the legality of selling part of the collection is clear, it raises ethical concerns within the museum community The process of "deaccessioning," or removing objects from a permanent collection, is often controversial, and Fisk's decision to sell a partial ownership stake in its artworks is an unconventional practice As there are no established standards for such situations, Fisk must be evaluated based on existing professional codes of ethics and best practices in the museum field.
86 Buck and Gilmore, ed., Museum Registration Methods 5 th Edition, 100.
American Alliance of Museums (AAM) 87 , Association of Art Museum Directors
(AAMD) 88 , and the College Art Association (CCA) 89 all address deaccessioning but none addresses the sale of a partial stake in the collection
The deaccession process involves two key steps: removal and disposal Although it is legally permissible to deaccession items, museums must adhere to ethical standards that require valid justifications for removing objects from their permanent collections, provided there are no donor restrictions Common reasons for deaccessioning items include ensuring the collection's relevance and integrity.
• The object is not within the scope of the mission Institutional missions can change over time, rendering some objects unsuitable for the collection
• The care of the object is beyond the capability of the museum
• The object is not useful for exhibition, research, or educational programs in the foreseeable future
• The object is a duplicate of another item in the collection
• The object is a poor or unauthentic example in the collection
• The object is physically deteriorated or contains hazardous materials
• The piece was originally acquired illegally or unethically
• The object may be more appropriate as the part of another institution’s collection
• The object in question has a stringent donor restriction that the museum is no longer able to meet 90
87 American Alliance of Museums, “AAM Code of Ethics.”
88 Association of Art Museum Directors, “Professional Practices in Art Museums.”
89 College Art Association, “Statement Concerning the Deaccession of Works of Art.”
90 Buck and Gilmore, ed., Museum Registration Methods 5 th Edition, 102.
Once an institution has just cause to remove an object, they must choose an appropriate method of removal, which include sale, exchange, gift, or destruction 91
Fisk University plans to seek legal assistance to sell two paintings from the Alfred Stieglitz Collection of Modern Art to address its financial difficulties During legal proceedings, university representatives asserted that they lack the necessary funds to adequately maintain the entire collection, which could support their attempt to deaccession these artworks Fisk has submitted documentation to the Tennessee Courts indicating the average costs associated with caring for the collection.
To maintain the Stieglitz Collection, Fisk University required $131,000 annually, a figure that constituted a minor portion of the institution's overall financial needs The university's primary motivations for selling two pieces from the collection were to fund academic chairs and settle existing debts However, according to museum best practices, generating funds through the deaccessioning of objects is not considered a legitimate reason Without restrictions on the sale of the Stieglitz Collection, Fisk University faced a weak ethical rationale for its intention to sell "Radiator Building: Night, New York."
Painting No 3 from their holdings
Public institutions must ethically justify the removal of objects from their collections, but the more concerning issue lies in how the funds from deaccessioned items are utilized A notable case occurred in 2012 when the Tennessee Court sanctioned a $30 million sale between Fisk University and the Crystal Bridges Museum of American Art, stipulating that $10 million of the proceeds should be allocated for specific purposes.
92 Feld, “Who Are the Beneficiaries of Fisk University’s Stieglitz Collection?” 883
93 Dinkins, Richard H “In Re Fisk University.”
94 Ibid be placed in a designated fund, only to be used for the direct care of the Stieglitz
Collection The remaining $20 million could be used at the university’s discretion A later negotiation reduced the amount in the discretionary care fund to $4 million 95
The American Alliance of Museums Code of Ethics explicitly denounces the use of deaccession funds for unrelated expenses The code states:
Proceeds from the sale of nonliving collections must be utilized in accordance with the museum's established standards, strictly for the acquisition or direct care of collections.
The AAMD emphasizes strict guidelines for the use of funds from deaccessioned objects to prevent organizations from treating their collections as financial assets Cultural treasures, such as the Stieglitz Collection, must not be leveraged to address institutional mismanagement Museums of all sizes jeopardize their sustainability and reputation if they perceive deaccessioning as a last-resort financial solution.
Fisk University sought cy pres relief from the Tennessee Courts to address restrictions on the Stieglitz Collection, aiming to honor the donor's intent Georgia O'Keeffe's charitable intention, communicated in her correspondence with Fisk president Charles Johnson, was to donate part of the Alfred Stieglitz Collection of Modern Art for a specific purpose.
95 Cooper, “Deaccessioning and Donor Intent – Lessons Learned from Fisk’s Stieglitz
96 American Alliance of Museums, “AAM Code of Ethics.”
97 Strout, “Struggling Colleges Debate the Propriety of Selling Their Art.”
Georgia O’Keeffe’s decision to gift her art collection to Fisk University reflected her commitment to promoting access to art for historically underserved communities This choice aligned with the wishes of her late husband, Alfred Stieglitz, as noted in his will By selecting Fisk University, a predominantly African-American institution, O’Keeffe aimed to serve and enrich the cultural experiences of a public community that has often been overlooked.
Tennessee Attorney General Robert Cooper believed that O’Keeffe intended to gift the Stieglitz Collection for the benefit of Fisk University and Nashville residents However, the courts ruled that the agreement between Fisk and Crystal Bridges not only respected O’Keeffe’s charitable intentions but also enhanced them The Fisk agreement was required to meet three key components of O’Keeffe’s wishes: maintaining the collection's integrity, ensuring its permanent presence at Fisk, and guaranteeing public access.
Crystal Bridges Museum and Fisk University are still maintaining public access to the collection, just intermittently On the agreed rotating schedule, the Stieglitz
The collection will be accessible to the Fisk Community, the Nashville public, and the broader Southern region This sharing arrangement reflects the display practices of larger institutions, which often have numerous collection items that are not consistently exhibited Additionally, Crystal Bridges has launched an initiative to ensure continuous access to the collection via its digital platforms, highlighting the growing trend of digitizing collections in the art world.
99 Clement, Frank G “Georgia O’Keeffe Foundation (Museum) v Fisk University.”
In early 2017, the Metropolitan Museum of Art launched an initiative that aligns with Georgia O’Keeffe’s desire to maintain the integrity of her collection by ensuring it is displayed together While O’Keeffe initially focused on the physical exhibition of her artworks, museums now utilize digital exhibitions as an innovative alternative This online curation provides long-term access to collections, transcending geographical barriers and enabling institutions like Crystal Bridges to preserve the collection effectively Many pieces, particularly works on paper, require careful handling due to their light sensitivity, necessitating periods of rest for their conservation.
O’Keeffe emphasized the importance of exhibiting the Stieglitz Collection intact, as continuous displays can jeopardize the longevity of art objects Her altruistic goal was to ensure that the Stieglitz Collection would foster ongoing art study, achievable only through exemplary collection care practices.
The Tennessee Appeals Court's decision on the Stieglitz Collection at Fisk University sparked significant frustration among museum organizations and professionals, leading to widespread statements reflecting their discontent with the ruling.
The cases of Fisk University, Brandeis University, and Randolph College illustrate the precarious situation faced by university museums and galleries The court ruling in Fisk's case established a concerning precedent regarding the monetization of cultural assets, raising ethical questions While Fisk University sought a creative solution through its partnership with the Crystal Bridges Museum of American Art, this approach ultimately compromised museum ethics.
The Fisk University incident highlighted significant ethical violations regarding fund usage, prompting a critical reassessment of ethical guidelines within the museum community This situation underscored the vulnerability of university collections, leading to an urgent need for protective measures and the establishment of ethical standards for parent organizations Notably, the American Alliance of Museums’ (AAM) Code of Ethics lacked specific provisions for the governance and stewardship of university museums In response to these challenges, AAM formed a task force to address these unique concerns effectively.
Fisk University has actively sought to strengthen its connection with the broader museum community As of June 1, 2017, the University Galleries at Fisk became an institutional member of the Association of Academic Museums and Galleries (AAMG), highlighting its commitment to collaboration and engagement within the field.
Professional Organization of the American Alliance of Museums (AAM) and an affiliate of both the Association of Art Museum Directors (AAMD) and the College Art
Association (CAA) Fisk’s current membership with this organizations is evident that moving forward they strive to adhere to the guidelines and best practices set forth by these bodies.
Association of Art Museum Directors “Professional Practices in Art Museums.” 2011, https://aamd.org/sites/default/files/document/2011ProfessionalPracitiesinArtMuse ums.pdf
American Alliance of Museums “AAM Code of Ethics.” https://www.aam- us.org/programs/ethics-standards-and-professional-practices/code-of-ethics-for- museums/
Anderson, John Art Held Hostage: The Battle over the Barnes Collection New York:
Ashmolean Museum of Art and Archaeology: University of Oxford “History of the
Ashmolean.” https://www.ashmolean.org/history-ashmolean
Association of Academic Museums and Galleries “AAMG Statement Regarding the
Stieglitz Collection at Fisk University.” 2012, https://www.aamg- us.org/wp/aamg-statement-regarding-stieglitz-collection-at-fisk-university/
Bernard, Emily Carl Van Vechten and the Harlem Renaissance: A Portrait in Black and
White New Haven: Yale University Press, 2012
Buck, Rebecca A and Jean Allman Gilmore, ed., Museum Registration Methods 5 th
Edition Washington DC: The AAM Press, 2010
Burgess, Chris and Rachel Shane “Deaccessioning: A Policy Perspective.” The Journal of Arts Management, Law, and Society 41, no 3 (August 2011): 170-185 https://doi.org/10.1080/10632921.2011.598416
Cascone, Sarah “With ‘Open Access,’ the Met Museum’s Digital Operation Has a Bona
Fide Hit on Its Hands.” artnet, August 10, 2017 https://news.artnet.com/art- world/metropolitan-museum-open-access-photos-1046006
Clement, Frank G “Georgia O’Keeffe Foundation (Museum) v Fisk University,”
January 7, 2009, The Court of Appeals of Tennessee at Nashville, https://www.tncourts.gov/sites/default/files/OPINIONS/TCA/PDF/093/O%27Kee ffe%20Found%20v%20Fisk%20Univ%20OPN.pdf
Cohen, Patricia "Museums Grapple with the Strings Attached to Gifts." The New York
Times, Feb 5, 2013 https://www.nytimes.com/2013/02/05/arts/design/museums- grapple-with-onerous-restrictions-on-donations.html
College Art Association “Statement Concerning the Deaccession of Works of Art.”
Standards & Guidelines, http://www.collegeart.org/standards-and- guidelines/guidelines/sales
Cooper, Robert “Deaccessioning and Donor Intent – Lessons Learned from Fisk’s Stieglitz Collection.” Conference presentation, Columbia Law School Charities Regulation and Oversight Project Policy Conference on ‘The Future of State
Charities Regulation,’ New York, NY, 2013
Crystal Bridges Museum of American Art “About Us.” https://crystalbridges.org/about/
Dillon, Paul “The Rose Art Museum Crisis.” New Directions for Higher Education
2010, no 151 (Fall 2010): 83-92, Academic Search Complete
Dinkins, Richard H “In Re Fisk University,” June 28, 2011, The Court of Appeals of
Tennessee at Nashville, https://www.tncourts.gov/sites/default/files/fisk_opinion.pdf
Eason, John K “Private Motive and Perpetual Conditions in Charitable Naming Rights:
When Good Names Go Bad.” UC Davis Law Review 38, no 2 (February 2005): 375-463, LexisNexis Academic: Law Reviews
Emery, Theo “Settlement Would Allow Fisk University to Sell 2 Painting from its
Stieglitz Collection.” The New York Times, February 16, 2007 https://www.nytimes.com/2007/02/16/education/16fisk.html
Feld, Alan L “Who Are the Beneficiaries of Fisk University’s Stieglitz Collection?”
Boston University Law Review 91, no 3 (May 2011): 873-897, HeinOnline
Fisk University “The Carl Van Vechten Gallery.” https://www.fisk.edu/galleries/the-carl-van-vechten-gallery
Fisk University “Special Collections and Archives.” https://www.fisk.edu/academics/library/special-collections-and-archives
Frist Art Museum “The Frist Art Museum.” About, http://fristartmuseum.org/about/the- frist-center
Fryd, Vivien Green “Georgia O’Keeffe’s ‘Radiator Building’: Gender, Sexuality,
Modernism, and Urban Imagery.” Winterthur Portfolio 35, no 4 (Winter 2000): 269-289, JSTOR Journals
Gasman, Marybeth “A Renaissance in Nashville: Charles S Johnson’s Use of
Philanthropy to Build Fisk University in the Post-War Period.” PhD diss., Indiana University, 2000
Gilpin, Patrick J “Charles S Johnson: Scholar and Educator.” Negro History Bulletin 39, no 3 (March 1976): 544-548, Periodicals Archive Online
Grant, Daniel “College Museums’ Sales of Art Raise Thorny Issues.” ARTnews,
September 4, 2007 http://www.artnews.com/2007/09/04/college-museums-sales- of-art-raise-thorny-issues/
Grant, Daniel “Fisk Faces Yet Another Challenge Over Sale of Collection.” ARTnews,
February 7, 2012 http://www.artnews.com/2012/02/07/fisk-faces-yet-another- challenge-over-sale-of-collection/
Hostetler, Lisa “Alfred Stieglitz (1864-1946) and American Photography.” The
Metropolitan Museum of Art, https://www.metmuseum.org/toah/hd/stgp/hd_stgp.htm
Jaffe, Irma B., “The John Trumbull Memorial Exhibition at Yale.” Art Journal 43, no 2
Kennedy, Randy “Battle Over Art Collection Held at Fisk Is Settled.” The New York
Times, August 4, 2012 https://artsbeat.blogs.nytimes.com/2012/08/03/legal- battle-over-fisk-university-art-collection-ends/
Lacayo, Richard “Hard Sell.” Time, December 30, 2008 http://entertainment.time.com/2008/12/30/hard-sell/
Lacayo, Richard “The Impermanent Collection.” Time, April 23, 2007 http://content.time.com/time/magazine/article/0,9171,1609768,00.html
Lanza, Emily “Breaking Up Is Hard to Do: The Sale of a Charitable Art Donation.” Tax
Lawyer 66, no 2 (Winter 2013): 483-499 Business Source Premier
MacLeod, Kirsten “The ‘Librarian’s Dream-Prince’: Carl Van Vechten and America’s
Modernist Cultural Archives Industry.” Libraries & the Culture Record 46, no 4 (2011): 360-387, JSTOR Journals
Malaro, Marie C and Ildiko Pogany DeAngelis A Legal Primer on Managing Museum
Collections, Third Edition Washington, DC: Smithsonian Books, 2012
Messinger, Lisa “Georgia O’Keeffe (1887-1986).” The Metropolitan Museum of Art, https://www.metmuseum.org/toah/hd/geok/hd_geok.htm
Ng, David “Tennessee Court Rules in Favor of Fisk University’s Stieglitz Sale.” Los
Angeles Times, April 23, 2012 http://articles.latimes.com/2012/apr/23/entertainment/la-et-cm-fisk-university-
Pogrebin, Robin “Fisk to Appeal Ruling on Stieglitz Sale.” The New York Times,
December 3, 2010 https://artsbeat.blogs.nytimes.com/2010/12/01/fisk-university- plans-to-appeal-ruling-on-stieglitz-art-sale/