OWNERSHIP & MUSING

When it comes to public museums and art galleries 'ownership' takes on a layer contention and often one that is clouded with ambiguity. In Australia generally, but not by necessity, public museums and art galleries have their ownership 'entrusted' to a division of government – Federal, State and Local or some functionary entity/department/trust to which 'ownership'' has been devolved and entrusted. In law, when and if it is tested, ownership would likely fall to the 'government' that has the ultimate authority to enforce overriding legislation. 

It needs to be said that public institutions – universities, public trusts, foundations, incorporated bodies, et al – also maintain public museums and art galleries where legal ownership is enshrined in their articles of association and determined in relationship to their purpose for being. The most telling clause in their 'articles' being the 'wind-up clause'. 

In regard to the 'collections' which in the end is that which makes up a museum/gallery and within which 'values' are invested – cultural, social scientific and financial values – legal (tangible?) ownership in Australia would ultimately and ordinarily fall to 'the crown' on behalf of 'the people' – and if Australia were a republic, conceivably it would simply be the people. Collectively, State and National museum's and art galleries collections are imagined as constituting a part of the 'National Estate' along with a myriad of other collections of cultural importance – War Museums, History Museums, Heritage Buildings, State & National Libraries, et al. Essentially what is being stored in these collections is cultural knowledge.

However, there would also be networks of people who would share a sense ownership for clusters of objects/artifacts/specimens/concepts and interests in these 'things' stores in public collections. This is a communal sense of ownership towards and/or interests in that transcends anything resembling private or individual ownership.

Communities of people have many items in which they share a sense of ownership - for example, a water supply, roads, schools, a health service, landscapes and streetscapes, heritage buildings, public collections, festivals and rituals, etc. Those with such an interest form the Community of Ownership and Interest – its COI – for those 'items'.

All too often a COI's shared ownerships and interests are down played and may even be belittled or denied –particularly when contentious or complex issues are involved. However, recognising the layerings of ownerships and interests, and the social cum cultural dynamics involved, can offer a way forward in dispute resolution plus better, and more inclusive, understandings of 'places' that are granted higher values because of their status as community property.