William & Mary Business Law Review
Abstract
As non-profit directors, museum trustees owe the fiduciary duties of care and loyalty to their institutions. The museum community has established that provenance research is crucial to the ethical operation of museums; however, employing a full-time provenance researcher has not been considered as falling under the duty of care. This Note argues that the fiduciary duty of care for museum trustees should be interpreted to include the employment of a full-time provenance researcher or the establishment of a full-time provenance research department. First, employing a full-time provenance researcher can prevent potential lawsuits against museums because they have the proper skills, time, and resources to identify and reach out to potential claimants of valued artworks and objects. Second, a full-time provenance researcher can generate positive press by acting as a mediator between museums, the general public, and foreign governments. Finally, other major players in the art world, such as international multimillion-dollar auction houses, have established the custom of hiring full-time provenance researchers. This Note also briefly addresses potential future counter-arguments.