The closure of museums and exhibitions due to coronavirus is one of the multiple consequences of this situation in which we live. Leaving aside the pain for the human losses and the subsistence situation to which many people have been forced, which out of respect have no place here, the truth is that we are now in a new reality that we do not yet know where it will lead us.
The consequences for the world of culture are incalculable and the prospects are not at all flattering. As far as the art world is concerned, practically all museums and art galleries in almost all of Europe have been hibernating during these two months that have lasted -and let’s hope so- the worst of the pandemic that has ravaged us at the beginning of the year 2020. In the case of museums, wintering seems the most appropriate word. Almost from one day to the next, exhibitions have been interrupted, halls have been emptied, facilities have been closed, activities canceled and the continuous movement of visitors has gone to a deep silence that has left these cultural centers limited to a function purely of huge repositories of works of art.
However, it should be noted that activity has not completely ceased during this time. In some cases it has intensified. Museums have adapted to the circumstances and have accelerated their digitalization, that is to say, they have limited one of their main functions, that of offering Art to direct contemplation -for those who want to contemplate it- and the freedom of an arbitrary and personal tour, when so desired, making unsuspected connections between the works represented in the style of a Aby Warburg and its “Atlas of Mnemosyne“At the same time, they have increased their presence outside their premises, they have strengthened their academic work with all kinds of online seminars, conferences, videos and presentations of specific works and have brought some of their most emblematic works to light, offering us incredible details, which, however, as I said, are not only a source of inspiration, but also a source of inspiration for the future. Daniel Arasse were there to be unseen, and allowing us surprising glimpses in the manner of the Malraux’s imaginary museum. It goes without saying that both options are perfectly legitimate, regardless of one’s preferences, as long as both can coexist peacefully and enhance each other, without the facilities (including health and safety) offered by the latter eventually overshadowing the former. The possibility of that happening is not so remote, and ease has always been a very convincing argument. Be that as it may, the Internet and digitalization have made it possible that the silence has not been complete and, what would have been worse, definitive.
Some of these centers affected by the closure of museums and exhibitions due to coronavirus are already beginning to wake up and cautiously open their doors, implementing new security measures that will surely involve the incorporation of some routines to which we will soon have become accustomed. Everything may return to a semblance of normality and yet this return to normality is not without legal challenges that I would just like to point out as a reflection in the following paragraphs; its solution is complex, extensive in time and with a casuistry so varied that it would be presumptuous to venture now any proposal and leave this in the hands of specialists, much wiser and experienced.
The closing of museums and exhibitions due to coronavirus has left a trail of unforeseeable consequences: interrupted exhibitions, expired completion dates, canceled openings, expired insurances, empty transports, unsold catalogs, group visits without taking place, guides without pubic, studies not concluded, sponsorships without the expected presence in the media, temporary contracts that have not materialized, prior sale of tickets to be returned and unfulfilled expectations of some and others. These are problems mostly common to other sectors and to many other types of events, but to which we must add the particularities of the sector and in many cases the value of the works of art that gives the whole a special resonance.
To take just one example, the preparation of an exhibition will have required a conscientious work of many years searching for works, borrowing them from museums and individuals, organizing barters with other museums, some of which have already taken place, or establishing schedules for the replication of the same exhibition in other centers. The modalities of collaboration are multiple and include the sharing of expenses, shared publicity, loans not only of works but also of lecturers or experts, the publication of joint catalogs, image decisions and other intellectual property issues, etc. The transportation of such works is a major concern, as they are generally valuable works and some of them are very delicate. The insurances are very specific, with very strict conditions regarding surveillance and care of the insured works and usually last as long as the exhibition lasts with strict schedules and in some cases may require the endorsement of the State. The packaging is a delicate issue, the boxes cannot be of any type (there is the “museum quality” and “gallery standard quality”) and also the packing and unpacking requires its process. The customs clearance has to be efficient and secure its return. The generally tight schedules, which often prevents the extension of the exhibition even if the massive attendance of the public could more than justify it, the contents have been commissioned to prestigious scholars who are usually invited to the openings where some of the most representative institutional authorities of the country are represented. Often the exhibition is assembled by prestigious interior designers, expressly hired or specialists from one or another museum. Capacity restrictions are usually strictly measured and the dissemination of images is very rigidly controlled. The experience and the boom of recent years has generated an endless casuistry but necessarily to be taken into account, making the backroom of an exhibition a complex and perfectly priced world.
To take just one example, the preparation of an exhibition will have required a conscientious work of many years searching for works, borrowing them from museums and individuals, organizing barters with other museums, some of which have already taken place, or establishing schedules for the replication of the same exhibition in other centers. The modalities of collaboration are multiple and include the sharing of expenses, shared publicity, loans not only of works but also of lecturers or experts, the publication of joint catalogs, image decisions and other intellectual property issues, etc. The transportation of such works is a major concern, as they are generally valuable works and some of them are very delicate. The insurances are very specific, with very strict conditions regarding surveillance and care of the insured works and usually last as long as the exhibition lasts with strict schedules and in some cases may require the endorsement of the State. The packaging is a delicate issue, the boxes cannot be of any type (there is the “museum quality” and “gallery standard quality”) and also the packing and unpacking requires its process. The customs clearance has to be efficient and secure its return. The generally tight schedules, which often prevents the extension of the exhibition even if the massive attendance of the public could more than justify it, the contents have been commissioned to prestigious scholars who are usually invited to the openings where some of the most representative institutional authorities of the country are represented. Often the exhibition is assembled by prestigious interior designers, expressly hired or specialists from one or another museum. Capacity restrictions are usually strictly measured and the dissemination of images is very rigidly controlled. The experience and the boom of recent years has generated an endless casuistry but necessarily to be taken into account, making the backroom of an exhibition a complex and perfectly priced world.
Obviously we will have to review the contracts and determine the spirit of what the parties wanted at the time of contracting and even so, in situations of this magnitude it is difficult to think that we can find the solutions in the contracts. The truth is that there are many questions and few, for the moment, the answers on how this closure of museums and exhibitions due to the coronavirus affects them, fortunately I am sure that many are already thinking about it. There is no other choice and that is part of the work of a good lawyer, and undoubtedly exciting: not only to foresee situations but to find solutions. Time will tell.
