CÓDIGO DE ÉTICA PROFESIONAL

 

 

DEL PERSONAL ACADÉMICO DEL CENTRO NACIONAL DE INVESTIGACIÓN, DOCUMENTACIÓN E INFORMACIÓN DE ARTES PLÁSTICAS DEL INSTITUTO NACIONAL DE BELLAS ARTES Y LITERATURA


COMISIÓN ESPECIAL DEL H. CONSEJO ACADÉMICO

• CARLOS GUEVARA MEZA
SECRETARIO TÉCNICO

• NADIA DULCE MARÍA UGALDE GÓMEZ
• ALMA LILIA ROURA FUENTES
• CÉSAR GARCÍA PALOMINO
CONSEJEROS INVESTIGADORES

• GERARDO LÓPEZ LUNA
COORDINADOR DE INVESTIGACIÓN

• APROBADO POR EL H. CONSEJO ACADÉMICO DEL CENIDIAP EN SU SESIÓN DEL 17 DE JULIO DE 2008

• APROBADO POR EL H. COLEGIO DE INVESTIGADORES DEL CENIDIAP EN SU SESIÓN DEL 17 DE OCTUBRE DE 2008


CARLOS-BLAS GALINDO MENDOZA
DIRECTOR DEL CENIDIAP

IRMA FUENTES MATA
REPRESENTANTE DEL H. COLEGIO DE INVESTIGADORES

ÍNDICE

DECLARACIÓN DE PRINCIPIOS

DE LAS AUTORIDADES ACADÉMICAS

DE LAS LABORES DE INVESTIGACIÓN Y DOCUMENTACIÓN

DE LOS SERVICIOS PROFESIONALES ACADÉMICOS

DE LOS SERVICIOS PROFESIONALES DE DOCUMENTACIÓN

DE LAS PUBLICACIONES

DE LAS ACTIVIDADES DE GESTIÓN, PROMOCIÓN Y PRODUCCIÓN ARTÍSTICA O CULTURAL

DEL QUEHACER CURATORIAL

DE LOS PROCESOS DE AUTENTIFICACIÓN Y DE EMISIÓN DE OPINIONES DE ATRIBUCIÓN DE OBRAS ARTÍSTICAS

DE LA FORMACIÓN PROFESIONAL

DE LA INTERPRETACIÓN DE ESTE CÓDIGO

 

 

CÓDIGO DE ÉTICA PROFESIONAL

DEL PERSONAL ACADÉMICO DEL CENTRO NACIONAL DE INVESTIGACIÓN, DOCUMENTACIÓN E INFORMACIÓN DE ARTES PLÁSTICAS DEL INSTITUTO NACIONAL DE BELLAS ARTES Y LITERATURA


COMISIÓN ESPECIAL DEL H. CONSEJO ACADÉMICO

• CARLOS GUEVARA MEZA
SECRETARIO TÉCNICO

• NADIA DULCE MARÍA UGALDE GÓMEZ
• ALMA LILIA ROURA FUENTES
• CÉSAR GARCÍA PALOMINO
CONSEJEROS INVESTIGADORES

• GERARDO LÓPEZ LUNA
COORDINADOR DE INVESTIGACIÓN

• APROBADO POR EL H. CONSEJO ACADÉMICO DEL CENIDIAP EN SU SESIÓN DEL 17 DE JULIO DE 2008

• APROBADO POR EL H. COLEGIO DE INVESTIGADORES DEL CENIDIAP EN SU SESIÓN DEL 17 DE OCTUBRE DE 2008


CARLOS-BLAS GALINDO MENDOZA
DIRECTOR DEL CENIDIAP

IRMA FUENTES MATA
REPRESENTANTE DEL H. COLEGIO DE INVESTIGADORES

ÍNDICE

DECLARACIÓN DE PRINCIPIOS

DE LAS AUTORIDADES ACADÉMICAS

DE LAS LABORES DE INVESTIGACIÓN Y DOCUMENTACIÓN

DE LOS SERVICIOS PROFESIONALES ACADÉMICOS

DE LOS SERVICIOS PROFESIONALES DE DOCUMENTACIÓN

DE LAS PUBLICACIONES

DE LAS ACTIVIDADES DE GESTIÓN, PROMOCIÓN Y PRODUCCIÓN ARTÍSTICA O CULTURAL

DEL QUEHACER CURATORIAL

DE LOS PROCESOS DE AUTENTIFICACIÓN Y DE EMISIÓN DE OPINIONES DE ATRIBUCIÓN DE OBRAS ARTÍSTICAS

DE LA FORMACIÓN PROFESIONAL

DE LA INTERPRETACIÓN DE ESTE CÓDIGO


DECLARATION OF PRINCIPLES

We, the academic staff of INBAL’s National Center for Research, Documentation and Information on Visual Arts, hold that our essential and single social function, as public servants of the Mexican National State, ascribed to the area of culture and education, comprises the construction of knowledge of the visual arts and cultures in our country, the preservation of the corresponding visual memory, and the promotion of this knowledge and this memory, for the benefit of society as a whole.

We hold that the knowledge we construct and possess, the memory we preserve, and the promotion we do of both, constitute a patrimony of Mexican society and of each and every one of the groups or classes that conform it.

We hold that the social value of the knowledge we construct, possess and promote rests in the fact that it is produced at a Research Center of a national and public character, governed by the fundamental principle of freedom of research, which implies this knowledge is constructed independently of the particular interests of any specific group, including first and foremost, the government of the National State (which in a democratic country necessarily rests in a group or party, which albeit having achieved the consensus and consent of the majority does not represent, however, the whole of society, naturally characterized by its social, cultural and ethnic diversity, constitutionally recognized).

We hold that the principle of freedom of research which governs our Center, gives social value to the knowledge we construct, possess and promote, by guaranteeing said autonomy, it being understood that it frees us from any misconceived obligation to distort our knowledge in order to serve the particular interests of a group or person paying for our job, including in the first place the government itself.

We hold that freedom of research has no limit except a commitment to the search for truth, understood not in an absolute, philosophically untenable sense, as the opposite of falsehood (which can rest on an erroneous interpretation, having been based on information or sources which later researchers deem insufficient or dubious) or of error (which is unavoidable for humans, and which can be caused by third parties, such as the work of other researchers, assistants, reviewers, proof readers, editors or other figures participating in the productive process of different communication media), but rather as the rejection of lies, understood as the voluntary, conscious or interested tergiversation of what is held to be true at one point; and this commitment to the search for truth is guaranteed by the regulations, norms and procedures established by the National Institute of Fine Arts and Literature for our Center, and by the uses and customs of an academic community regarding the free and continuous debate of projects and ideas, and the systematic evaluation and review of our investigation by our peers.

We understand that requests for our academic professional services in the field of visual arts and cultures, made by other sectors of our Institute, other sectors of the Mexican State, or diverse groups and individuals, is due to the value of the knowledge we construct, possess and promote as members of Cenidiap’s academic staff. And we hold that the performance of these activities is perfectly legitimate and is part of our vocation to serve society.

However, as these professional services are or can be subject to legitimate remuneration, paid by a third party which is not the Mexican National State, through the National Institute of Fine Arts and Literature, we understand that the performance of these activities can lead to a conflict of interests between these and the work we carry out in our research Center.

In order to avoid as much as possible such a conflict, we provide ourselves with this CODE OF ETHICS, which although not legally binding, represents our essential commitment with the academic community to which we belong. We call on the Institute’s officials to take it into account as a guide when making decisions regarding those cases hereby stated.
This CODE OF ETHICS does not any a priori doubts about the principles that rule the life of a researcher, but rather engages directly with the researcher’s conduct regarding the norms of professional behavior of the scientific community to which we belong.

I. Regarding Academic Authorities

1. It will be understood as a formal academic authority any person who, by designation or election, occupies a remunerated or honorary position at Cenidiap, deriving from their professional competence in the academic field of visual arts and cultures; that is, exclusively: the Director of the Center; the Research and Documentation Deputy Directors; the Research, Documentation and Promotion Coordinators; the representative members of the Academic Council; the representative of the College of Researchers; the Honorary Coordinators of Research Academies; and the members of editorial or review councils.

2. Formal academic authorities shall not, in any event, make public or private use for particular purposes of information to which they have access under reserve or confidentiality, exclusively because of their position. Therefore, it is considered to be ethically illicit:

a) To divulge researchers’ personal information or situations, confided by the researchers to them in their capacity of authorities, whether officially or unofficially, as pertaining to their work or their performance, beyond those persons or instances expressly authorized by currently applicable norms.
b)To divulge deliberations, documents or ongoing matters, regarding the decisions corresponding to them as authorities, beyond those persons or instances expressly authorized by currently applicable norms, and only through the established official means and channels.
c) To present or publish as their own, under any guise and through any means, documents, information, ideas, interpretations, arguments or whole texts by other researchers, to which they have access by way of projects, reports or products submitted to them for perusal, evaluation or review.
d) To demand or impose the inclusion of illegitimate acknowledgements or credits for themselves or others, or the exclusion of legitimate ones, under promise of granting undue privileges to the researcher, or under threat of imposing unwarranted sanctions.

3. Inasmuch as, in more than one sense and in varied degree, formal academic authorities are invested with the representation of the Center’s community, they shall abide scrupulously and at all times by the principles contained in this Code, treating all members of the community with due respect and consideration. Conversely, they will be shown respect and consideration in accordance with the position they occupy, as being representative of the academic body.

4. Inasmuch as formal academic authorities are de facto and de jure members of the Center’s community, temporarily or permanently, and excepting the aforementioned cases, they have the same ethical rights and obligations established in this Code. Therefore:

a) They shall be able to continue their own academic activities, in so far as they do not negatively interfere with their responsibilities as authorities, unless expressly forbidden by currently applicable norms.
b) They shall be given due credit and certification for their work coordinating projects or collective activities, even when they are carried out in strict fulfillment of their duties as authorities, as long as their contribution is of an academic nature and based on their personal professional competence, and is previously agreed upon by all other participants in the project or activity.

II. Regarding Research
and Documentation Work

5. In our professional practice as researchers, we are obligated to apply scientific and academic methods and processes, in order to achieve optimal results in the construction of knowledge. Likewise, we have an academic-administrative obligation, and a moral commitment, to submit our projects, findings and products to a free debate with our peers. Therefore, it is an ethical obligation:

a) To register our projects and activities, according to established procedures, before the corresponding authorities of the Center and the Institute, and to present them before our colleagues in the existing academic spaces. This registration diminishes the possibility of undue appropriations by third parties of documents, information, ideas, interpretations, arguments or whole texts; it guarantees the legal rights of both the Institute and the researcher; and makes it possible, in case of a dispute, for the authorities to intervene with full knowledge, in favor of the researcher.
b) To consign in presentations and publications of any kind and media, the corresponding credits to academic and technical collaborators who took part in the research with any degree of authorship or co-authorship (research assistants, photographers, etc.), as well as any financial or institutional support.
c) To consign the legitimate acknowledgements due to non academic collaborators to the project (secretaries, librarians, archivists, etc.).
d) To give thanks, acknowledgement or credit, as it may correspond, the legitimate contributions of formal academic authorities, even if these contributions derive from the strict fulfillment of their duties because of their position.
e) It is ethically illicit to present or publish as one’s own, under any guise and by any means, documents, information, ideas, interpretations, arguments or whole texts by other researchers. Sources shall be cited rigorously, in order to avoid plagiarism.

6. . Document collections kept by Cenidiap, those that may be acquired in the future and all those that may be formed during researches —original documents, recordings, interviews, photographs, photocopies, etcetera— are the property of INBAL. As a result:

a) Academic staff has no right to hide said documentation, regard it as their personal property, or remove it from the Center.
b) Said document collections shall not be used by researchers for their private practices, unless they be open or available for public consultation. Researchers shall avoid the use of those collections to obtain personal gain, whether commercial, monetary, instrumental or otherwise.
c) Document and project collections are reserved for the exclusive use of the researcher and the Center’s academic and administrative areas, while the research is ongoing. Once concluded, the collections lose their reserved or confidential status, and it is unethical for a researcher to use or extend the reserved status in an artificial or unjustified manner, to obtain private gain from it.
d) The document collections that a researcher may gather in the course of a research shall be regarded as an intellectual work, whose moral rights belong to the researcher; therefore, once they are opened to public consultation, the corresponding authorities shall require users to reference them giving due authorship credit.

III. Regarding Academic Professional Services

7. Since our main vocation is the construction and promotion of knowledge about visual arts and cultures in our country, and it is a mission of the National Institute of Fine Arts and Literature to extend this knowledge to society as a whole, we deem it perfectly legitimate for a researcher to carry out academic activities to develop human resources, remunerated or not, both in other areas of the Institute as in public or private institutions in Mexico or abroad (i.e. ordinary, extraordinary or special lectures; courses and/or seminars, curricular or extracurricular, for training or continuing education purposes; tutoring or advising researches by third parties to obtain graduate or post graduate degrees; participation as examiners in graduate or post graduate exams; participation in admission, tutoring, editorial or reviewing academic committees, commissions or councils, whether ordinary or special), as long as:

a) The researcher does not violate current federal government norms regarding schedule compatibility.
b) ) Said activities do not negatively interfere with the processes, works or projects under his or her responsibility at Cenidiap. In such a case, the researcher shall obtain express authorization or request a leave of absence.
c) The researcher opportunely informs the authorities of the Center of said activities.

8. The researcher may carry out research activities for other academic departments or institutions, as long as:

a) The research project presented at the other department or institution substantially differs from the objects of study and themes of research he or she is concerned with at our Center, since offering the same research or a similar one to two institutions is a fraud in ethical terms, as it is done in full knowledge of the fact that, by law, both institutions have patrimonial rights over said work. Unless there is a formal agreement between both institutions, to avoid a dispute over rights.
b)The researcher does not violate current federal government norms regarding schedule compatibility.
c) Said activities do not negatively interfere with the processes, works or projects under his or her responsibility at Cenidiap. In such a case, the researcher shall obtain express authorization or request a leave of absence.
d) The researcher opportunely informs the authorities of the Center of said activities.

9. Since the basis of our academic work is the free debate of ideas, and our vocation is the promotion of knowledge about visual arts and cultures, and it is a mission of the National Institute of Fine Arts and Literature to extend this knowledge to society as a whole, we deem it perfectly legitimate and desirable even, that a researcher participates in all kinds of academic gatherings (congresses, symposia, colloquia, encounters, conferences and round tables), remunerated or not, divulging the results and advances of his or her research, without it implying any detriment to the patrimonial rights which legally correspond to the Institute, as long as:

a) The researcher identifies him or herself as member of the academic staff of the Center and the Institute, specifying that the material he or she is presenting was produced in such capacity and financed by this institution.
b) The researcher provides legitimate acknowledgements or credits to his or her superiors, peers, and hierarchical subordinates.
c)The researcher opportunely informs the authorities of the Center of said activities.
d) ) It is understood that the advanced public divulgation of documents, information, ideas, interpretations, arguments or texts pertaining to ongoing researches, opens the possibility of plagiarism in detriment of the researcher; formal registration of researches before the Center and the Institute, as well as keeping the corresponding authorities abreast of any advances made, are the best defense against such occurrences.

IV. Regarding Professional Documentation Services

10. The researcher may provide professional advising services and/or documentary work (inventory, classification, cataloguing, technical preservation or maintenance work on archives and collections, information checking and validation, archive upgrading), remunerated or not, at other institutions or at the request of particulars, as long as:

a) The researcher does not violate current federal government norms regarding schedule compatibility.
b) Said activities do not negatively interfere with the processes, works or projects under his or her responsibility at Cenidiap. In such a case, the researcher shall obtain express authorization or request a leave of absence.
c)) The researcher opportunely informs the authorities of the Center of said activities.

11. In case those professional services involve working with an archive or collection of exceptional importance in the field of visual arts and cultures (personal or work archives of significant personalities in this field —artists, critics, theoreticians, collectors, officers from public or private institutions―; historical archives, libraries or rare document collections, etc.) the researcher is ethically bound to:

a) Communicate this find to the Director of the Center, to verify the Institute’s interest and the possibility of reaching an arrangement, agreement or contract with the institution or person in possession of the archive or collection, for its donation, acquisition, opening to the public, restricted access to specialists, reproduction through physical or electronic means, or any other kind; even if such an arrangement, agreement or contract may imply that the researcher will not be able to obtain remuneration from the institution or person in possession of the archive or collection.
b) In case that the Institute does not show an interest, lacks the means, or the institution or person in possession of the archive or collection rejects an arrangement, agreement or contract, the researcher must ask his or her client about the possibility of providing Cenidiap with a copy of his or her personal work, without incurring in any cost, so that it may be part of the Center’s public collections.
c) It is understood that if the institution or person in possession of the archive or collection refuses for whatever reason any of the above, the researcher is free to accept or refuse to provide his or her professional services (meeting the conditions stated on point 10 of this section), without it being considered unethical by the institution or the community.

V. Regarding Publications

12. Given that our academic work is based on the free debate of ideas and our vocation is the promotion of knowledge regarding visual arts and cultures, and it is the mission of the National Institute of Fine Arts and Literature to extend this knowledge to society as a whole, it is perfectly legitimate and even desirable that researchers publish the results and advances of their researches, whether remunerated or not, in newspapers and magazines, in print or electronic, addressed to the general public; specialized academic journals, in print or electronic; or as collaborators or co-authors of collective books, etc., without this being in detriment of any of the patrimonial rights corresponding by law to the Institute, as long as:

a) The researcher identifies him or herself as member of the academic staff of the Center and the Institute, specifying that the material he or she is presenting was produced in such capacity and financed by this institution.
b) The researcher provides legitimate acknowledgements or credits to his or her superiors, peers, and hierarchical subordinates.
c) The researcher opportunely informs the authorities of the Center of said activities.
d) The researcher will not be held accountable for a lack of institutional identification if such identification is prohibited by the internal policy or the style guidelines of the publishing house.

13. It is legitimate for a researcher to accept, through a contract or an agreement, a regular or fixed contribution to a periodical communication media, as long as:

a) The researcher does not violate current federal government norms regarding schedule compatibility.
b) Said activities do not negatively interfere with the processes, works or projects under his or her responsibility at Cenidiap. In such a case, the researcher shall obtain express authorization or request a leave of absence.
c) The researcher opportunely informs the authorities of the Center of said activities.
d) If the theme or subject of said publications is the same as that of his or her registered, concluded or ongoing research projects, the researcher shall inform in writing both the publishing house and the Director of the Center of this situation, so an agreement can be reached in case of copyright conflict.

14. . In the case of definitive finished products of registered researches, the researcher is aware that he or she is legally devoid of any power over the patrimonial rights to the work; therefore, its publishing by a third party (public or private publishing houses, public or private educational and/or cultural institutions, a private person) must necessarily be subject to a formal co-edition agreement or contract between INBAL, the researcher (as holder of moral rights) and the third party, so as to guarantee the legal rights of each party. The researcher has the right to promote by any legitimate means the publishing of his or her research work, and it is an obligation of this Institute to publish or co-edit for the benefit of society, those products that have been authorized by the corresponding academic authorities, by the established means and always in observance of currently applicable norms.

15. In case of texts whose subject does not refer to the field of visual arts and cultures, it is understood that the researcher publishes them in his or her capacity as a citizen exercising his or her constitutional rights to freedom of speech and thought, or as a specialist in another field; therefore, the researcher is under no obligation to request authorization or inform about it any authority of the Center or the Institute, nor shall any authority demand information about it. This activity, however, shall not impede or hinder the processes, works or projects under the responsibility of the researcher at Cenidiap.

VI. Regarding artistic or cultural management
promotion and production activities.

16. Given that our main vocation is the construction and promotion of knowledge regarding visual arts and cultures in our country, and it is the mission of the National Institute of Fine Arts and Literature to extend this knowledge to society as a whole, it is perfectly legitimate that researchers perform artistic and cultural management or promotion (negotiations before public or private institutions, or before private persons, to obtain funds, means and spaces to carry out artistic and cultural activities, as well as promotion and/or advertising work for said activities), with no commercial purposes, by their own initiative or at the request of a third party different to INBAL through Cenidiap, whether remunerated or not, as long as:

a) The researcher does not violate current federal government norms regarding schedule compatibility.
b) Said activities do not negatively interfere with the processes, works or projects under his or her responsibility at Cenidiap. In such a case, the researcher shall obtain express authorization or request a leave of absence.
c) The researcher opportunely informs the authorities of the Center of said activities.
d) In case said activity is related to the registered project, but was not considered in the original timetable, the researcher shall notify the Academic Council of said activity, which will be subject to approval.
e) In case said activity is not part of a registered project, nor is it registered by itself, it will be up to the Academic Council whether to authorize the researcher or not, to identify him or herself as a memeber of the Center; this will be discussed in terms that ensure that the association of said activity with the names of the Institute and the Center does not imply any undue institutional legitimization.

17. The researcher shall be able to carry out cultural management and promotion activities with commercial purposes (sale or auction of artistic works or other culltural objects), as long as:

a) Said activities involve objects of study and research subjects which substantially differ from those the researcher is involved with at our Center, since our activity is fundamentally public and of a general interest. Academic authorities shall not authorize the use of the names of the Institute or the Center, nor shall the researcher officially identify him or herself as a member of this community in this case.

18. It is deemed ethically illegitimate for a researcher to take part with full knowledge in any commercial activity involving works whose autorship or provenance be considered dubious. In case of suspicion of the commission of fraud or theft by a third party, the researcher is ethically bound to:

a) Resign immediately and irrevocably to his or her participation in said activity before the person or institution that requested his or her services.
b) Immediately inform the Director of the Center of his or her suspicions, providing the information and documents in his or her possession.
c) Inform the corresponding law enforcement authorities, by him or herself or at the request of the authorities of the Institute, and be willing to provide testimony as demanded by law.

19. An activity implying the sale or auction of artistic works or other cultural objects is not considered to be commercial if the product of said transactions is destined for public benefit works.

20. A researcher who carries out artistic production professionally shall be able to register, if previously authorized by the corresponding academic authorities, a production project with an experimental artistic research status; it is understood that the patrimonial rights corresponding by law to the Institute refer exclusively to the knowledge which under the form of texts be generated throughout the process, and not to the works themselves, whose moral and patrimonial rights correspond to the author. The researcher, in the first place, and the academic authorities in second place, shall see to it that the texts represent a contribution to the theoretical and practical knowledge of artistic production, instead of an undue institutional appraisal of the works with a commercial intent.

VII. Regarding Curatorial Work

21. Given that our main vocation is the construction and promotion of knowledge regarding visual arts and cultures in our country, and it is the mission of the National Institute of Fine Arts and Literature to extend this knowledge to society as a whole, it is perfectly legitimate that researchers carry out curatorial work for the exhibition of artistic works or other cultural objects, whether remunerated or not, for public or private institutions, Mexican or foreign, as long as:

a) The researcher does not violate current federal government norms regarding schedule compatibility.
b) Said activities do not negatively interfere with the processes, works or projects under his or her responsibility at Cenidiap. In such a case, the researcher shall obtain express authorization or request a leave of absence.
c) The researcher opportunely informs the authorities of the Center of said activities.

22. When invited to carry out curatorial work, whether remunerated or not, the researcher is ethically bound to formalize the relation between the inviting institution and him or herself through a contract, agreement or letter of intent, clearly specifying activities, responsibilities and hours of work (if there be), as well as the rights and obligations regarding the publication (if there be) accompanying the exhibition. Consequently, the researcher shall abstain from demanding or accepting functions, responsibilities or remunerations that are not stated in said contract, agreement or letter of intent.

23. It is deemed ethically illegitimate in a curatorial project to include or allow the inclusion in the exhibition of works whose authorship or provenance is dubious, as well as their reproduction in the corresponding publication. If there be pressure applied by officials of the institution, work proprietors or collectors, or other persons or agencies involved, the researcher must at least complain in writing to the corresponding authority and inform the Director of the Center.

24. It is not considered ethical to give preference in an exhibition to an artist, or to one or several of their works, for reasons outside the curatorial and museographic project itself.

25. The researcher shall abstain from conditioning, sollicxiting or demanding presents, gifts or any kind of financial compensation or otherwise, from artists, collectors or officials of the institution or agency organizing the exhibition, which was not previously agreed upon in the agreement establishing the professional relation for the specified activity.

26. When the contract, agreement or letter of intent specifies that the researcher is responsible for the appraisal of the works for insurance purposes, t is understood that such appraisal does not represent the commercial value of the works in the market, but rather it is fixed according to the risks that must be taken into account by the insurance policy. The researcher shall obtain from the institution or agency hiring him or her, a specific document stateting the above, or add to the documents written for that effect, the following statement: “This appraisal is exclusively for insurance purposes, of the work for the exhibition (name of the exhibition), to take place at (name of the museum)”.

27. The researcher shall not accept presents, gifts or any kind of financial compensation, from artists, proprietors, collectors or oficials, to modify the aforementioned appraisal, with the intent of affecting the commercial status of the work in the art market.

28. It is considerd unethical to reveal the identity of proprietors who provide art works, if they requested to remain anonymous.

VIII. Regarding the processes of authentification and emmission of opinions on the attribution of artistic works.

29. Authentification is the process whereby an expert attributes the autorship of a specific work to a particular artist, when the corresponding original certification is lacking (which according to national and international copyright legislation can only be issued by the author). We consider it is licit for a Cenidiap researcher to carry out these processes in the context of duly authorized academic work, as long as:

a) They are carried out through a careful analysis of documentary, technical, stylistic, formal and contextual evidence, with procedures and sources previously debated and authorized by his or her peers.
b) They are carried out when there are academic reasons that justify their need, such as the lack of a previous authentification, regarded as significant or crucial for the adequate academic knowledge of the artist and his or her work; when there be reasonable doubts about the authenticity of the work, expressed by the researcher or other experts in academic publications and circles; when there be reasonable doubts about expressed opinions, presented information or arguments previously used by other experts in academic publications; or due to the discovery of new information regarding the work or the artist.
c) Their only object is the public presentation of its results, along with any documentary and technicals information; and of the researcher’s analysis, interpretations and arguments, duly reviewd by the formal academic authorities, in an academic publication, media or space.
d) In case of artists whose work has been declared by the State as a national historical or artistic monument, both the researchers and the academic authorities shall propose and authorize only those research projects that comply with the requisites of being the work of interdisciplinary collectives, having at their disposal the necessary material, technical and personnel resources for its proper realization, and obtaining from the authorities of the Institute and any other corresponding authorities all the necessary authorization and legal guarantees.

30. The unitary documents vouchsaving an attribution of autorship, issued by an expert by any means (letters, writs, notes, inscription on the front or the back of a photograph, emails, etc.), DO NOT legally constitute certificates of authenticity. But they can be used or interpreted as such, and they represent in the actual practice of the national and international visual arts trade, an element that modifies the commercial status of a work, in terms of its sale feasibility and market price; therefore, it is possible to affirm that such documents have an eminently commercial signification and value, whose use is always and necessarily particular and private. Consequently, and given that our function and vocation as members of a national research Center belonging to the State, is of a public and general interest, it is ethically illegitimate in the context of academic research at this Center, that:

a) A researcher issues and delivers to any physical or moral person, without exception, a unitary document under any guise and means, that may be used as a certificate or endorsement of authenticity of a work, even if the researcher does not identify him or herself as a member of this Center.

31. In case officials from public or private institutions, proprietors of works, collectors or art dealers demand such a document as a condition to grant the researcher access to the work itself, to documents or to necessary information for the academic process, the researcher is bound to:

a) Inform the petitioner in writing that his or her petition will have to be formally and officially conveyed to the Director of the Center, as well as stating that this Code expressly forbids the issuing of such documents by researchers and academic authorities.
b) Inform the Director of the Center in writing, so as to formally clear him or herself from any and all legal, financial, academic or ethical liability that may derive from said situation, including the eventual cancelling of the research. In this latter case, the corresponding academic authorities shall inform the Institute of the reasons for the cancellation, and shall explicitly state that the unviability of the project IS NOT attributable to the researcher.

32. The researcher, as part of his or her private practice, may accept the remunerated commission by an institution or a private person, to carry out an authentication process for a work of art, and shall be able to issue a unitary attribution of autorship document, as long as:

a) The researcher specifies in writing to the hiring party that the issued document is an opinion of Attribution, and NOT an Authenticity Ruling or Certificate.
b) The researcher requests and obtains from the hiring party a letter expressly releasing him or her from any legal, moral or financial liability that may derive from the Opinion.
c) The researcher requests and obtains authorization in writing from the Director of the Center, for the carrying out of the process.
d) The Opinion s based on documentary, technical, stylistic, formal and contextual evidence that may be irrefutably produced in public in case of controversy.
e) The researcher does not make use of the Center’s collections or archives, unless they are open to public consultation, and therefore available to other experts that may contest his or her Opinion.
f) The researcher does not violate current federal government norms regarding schedule compatibility.
g) Said activities do not negatively interfere with the processes, works or projects under his or her responsibility at Cenidiap. In such a case, the researcher shall obtain express authorization or request a leave of absence.
h) The researcher opportunely informs the authorities of the Center of said activities.

33. Invariably, the researcher authorized to issue an Opinion of Attribution shall follow the following procedure:

a) The researcher shall not issue an Opinion without having physically seen and inspected the work.
b) The researcher shall not issue an Opinion based solely on photographic reproductions, regardless of their quality.
c) The Opinion shall be issued on a document, including a photographic print of the work, printed on the document itself, not attached or annexed to it. Furthermore, it is reccommended that the researcher place his or her signature over the print of the work, besides signing every single page of the document.
d) The conclusion of the opinion must be phrased in the following fashion: “In my opinion, the work has been correctly (or in its case, incorrectly) attributed to...”
e) The researcher shall keep a copy of the Opinion, of the photograph of the work, and of all related correspondence.

IX. Regarding Professional Training

34. Given that the basis for our academic work is the free debate of ideas, and our vocation is the construction and promotion of knowledge regarding visual arts and cultures in our country, and it is the mission of the National Institute of Fine Arts and Literature to extend this knowledge to society as a whole, it is perfectly legitimate and desirable that researchers maintain and increase the necessary knowledge and skills in their field of expertise. Therefore, researchers are ethically bound to:

a) Develop their professional training through formal university studies, obtaining the corresponding diploma, graduate or post graduate degree.
b) Develop their professional and technical training through informal studies, in courses, workshops, seminars, attending conferences, symposia and academic encounters, and obtaining the corresponding certificates.

35. To ensure that said activities do not represent or are construed as a hindrance to the carrying out of projects and activities under their responsibility, researchers shall:

a) Duly program and registerar these activities before the academic authorities of the Center.

X. Regarding the Interpretation of this Code.

36. In case of any controversy, the ability to interpret this Code shall rest exclusively on a special session of the Academic Council, with full attendance, with the participation (with a right to express an opinion and to vote) of the Honorary Coordinators of the Research Academies, the Representative of the College of Researchers, and the Secretary General of the Union of Researchers.

Special Commission of the Academic Council.

 

 

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