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UC Law SF Communications and Entertainment Journal

Abstract

A number of museums have problems associated with objects which have been in their custody for many years. Sometimes it is unclear whether the objects were originally loans or gifts; in other cases, the lender has died or otherwise lost contact with the museum. This Essay describes what has led to these situations and the resulting dilemmas, including the difficulty of litigating claims to the objects. It describes the reasoning behind the factual support for various provisions in the California legislation governing loans to museums. The author concludes that the legislation will prevent a recurrence of the identified problems and is a fair solution for the museums and public alike.

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