Adopted
May 17, 2022
Last revised
November 19, 2024
Approved by
Board of Trustees (Legal review May 4, 2022)

Purpose

The mission of the Live Oak Public Library is to inspire the community to grow, create discover, and explore.

“The American Library Association affirms that visual and performing arts can be powerful components of library collections and services. The arts play a vital role in our ability to communicate a broad spectrum of ideas to all people. Developing an understanding and appreciation of visual and performing arts promotes artistic literacy. Libraries should offer opportunities for the community to experience art.”

Visual and Performing Arts in Libraries: An Interpretation of the Library Bill of Rights, ALA, 2018

Purchase of Art and Decorative Objects by the Library

Live Oak Public Library may purchase works of art or decorative objects to make the facility a welcoming place for people and ideas. During the design or construction of a new building, library staff will consult with the architect and the professional interior designer working on the building to select works that are appropriate to the facility.

The Library Board, under the guidance of its Building and Sites Committee and the Library Executive Director, will consider prospective gifts and/or purchases of artwork to determine their appropriateness for inclusion in the Live Oak Public Library collection.

Work will be considered based on the following criteria:

  • Artwork acquired by the Live Oak Public Library should be of sufficiently high artistic merit to warrant inclusion in the library collection. This generally requires that the works be unique pieces created by artists of established reputation or recognized potential.
  • Artwork should be compatible with the character of the library.
  • Artwork must be durable, sound, non-hazardous, and maintainable in terms of the nature of the materials.

The Library Board and Library Executive Director will consider all artwork offered as a gift to the Live Oak Public Library. In addition to the criteria above, the Board will take into account, the significance of the artwork as it relates to the library’s presence in the community.

Live Oak Public Library will provide recognition to all individuals, groups, and/or corporations who donate services, financial support, or gifts of art to the library. Display of accepted artwork is at the discretion of Live Oak Public Library. There is no obligation for display.

Gifts of Art and Decorative Objects to the Library

The library may accept gifts of art when the following conditions are met:

If a gift is proposed during the design or construction of a new building, library staff will consult with the architect and the professional interior designer working on the building to determine whether the gift is appropriate to the facility and whether the library will accept the gift.

Gifts must be unconditional, transferring ownership and all associated rights of ownership to the library. Gifts are accepted only with the understanding that the library has the right to determine retention, location, and other considerations relating to the use or disposition of the gifts. The library may display the gift or not. The library may sell the item for value and use the proceeds for any purpose appropriate to the library’s mission. The library may transfer ownership to any other agency it deems appropriate.

If a particular gift is expected to require maintenance or periodic refurbishment or restoration, the donor may be asked to provide an endowment sufficient to maintain the piece. If the library ever transfers ownership of the piece itself to another party, the endowment shall remain with the library and shall be used in a manner appropriate to the library’s mission.

Donors are responsible for having their gifts appraised for income tax purposes, as may be applicable. The cost of such appraisal must be borne by the donor. Acceptance of a gift which has been appraised by a disinterested third party does not imply endorsement of the appraisal by the library. The library shall in no way undertake to place a value on a gift either before or at the time of the donation. The library shall acknowledge all gifts to the donor and will send other acknowledgments to third parties as the donor deems appropriate. The donor shall enter into a written agreement with the library which transfers ownership of the gift to the library and recognizes the conditions outlined in this policy. The library shall maintain a file on each gift to include all correspondence and agreements relating to the gift as well as its current disposition.

Display of Objects Not Owned by the Library

The library may, at the discretion of library staff, display works of art and other decorative objects that are not owned by the library (an “Object”). A written display agreement shall be signed by the owner(s) of the Object and contain terms consistent with the conditions outlined in this policy. Display of an Object will be temporary, and the library will not act as an owner’s agent for any purpose, including specifically for the sale of an Object. The owner(s) must agree that the library has no responsibility to protect or insure an Object and the library will not be liable in the event of any loss, damage, theft, fire, or destruction of an Object.

The owner(s) must own the Object and warrant that the Object does not infringe on the intellectual property rights of any third party.

An Object shall not be displayed with any indication that it is available for purchase. Any sale of an Object during the display period will not terminate the display agreement. Display and installation of an Object shall not disrupt the library’s regular program of services or cause damage to the library property or facilities. The display and installation of an Object shall be under a written installation and removal plan approved by the library. The owner(s) agree to pay reasonable repair and/or replacement costs for damage to any library property or facilities caused by the owner(s), or anyone acting on behalf of the owner(s), as a result of the display and installation of an Object.

The owner(s) shall grant the library a license to make video and/or audio recordings, photographs, films, and/or other recordings of an Object for promotion and educational purposes, and the library shall own and be entitled to use these recordings related to the promotion of the library, the library’s services, and the display of an Object without restriction and approval of or payment to the owner(s). The library shall not be required to promote an Object.

The owner(s) will indemnify the library and hold it harmless from any claims by third parties including but not limited to arising from any and all acts or omissions of Owner relating to the display of any Object, the owner‘s failure to comply with the obligations or breach of warranty made in the display agreement and for any damage allegedly caused to a third party by an Object.