Lending a digital or technology-based artwork involves more than merely delivering a file. It may necessitate computers, displays, sensors, cabling, accounts, online services, technical support and decisions regarding what may be replaced. If the agreement describes the artwork as a single piece, many obligations remain without a responsible party.
This guide expands upon the loan agreement for an exhibition and the loan of a private collection to a museum. It does not replace them: it focuses on files, equipment, software and services.
Describing the artwork before lending it
Attach a current record that identifies:
- title, artist, date, version and inventory number;
- authorised files and copies;
- physical components and the function of each;
- software, operating system, libraries and drivers;
- connections, network, accounts and external services;
- dimensions, sound, light, duration and expected behaviour;
- replacement limits and changes that require authorisation;
- the person who installs, validates and maintains the artwork.
It is insufficient to merely list makes and models. Distinguish significant properties, such as proportion, brightness, latency, rhythm, size, sound quality or spatial relationship, from the specific equipment used to achieve them. The guide Technical sheet, certificate and invoice explains the function of each document.
What is actually being lent
Separate at least four layers:
- The artwork and the specific copy: which state or edition is being lent.
- The exhibition copy: file or package authorised for the display.
- The equipment: which items are provided by the lender and which by the venue.
- The temporary licence: uses necessary to install, exhibit, document and deinstall.
The loan of a disk or a computer does not in itself grant rights to copy, adapt, display online or reuse materials. The agreement must authorise only what is necessary for the exhibition and establish duration, territory, media and documentation uses.
Exhibition copy and files that are not delivered
Deliver a copy prepared for the gallery, not necessarily the editable project or the master. The guide Preserving a digital artwork explains how to separate source file, master, exhibition copy and derivatives. Identify:
- name, size, format and checksum (hash);
- delivery medium and verification procedure;
- number of authorised technical copies;
- location of the backup copy;
- person authorised to produce another copy;
- date or event after which they must be deleted.
Do not send passwords within the same folder. If the artwork requires credentials, use a separate channel and create temporary access when possible.
Lender equipment and venue equipment
Prepare two inventories. For lent components, record make, model, serial number, accessories, condition, packaging and value. For those provided by the venue, establish minimum requirements and approved alternatives.
| Component | Who provides it | Function | Permitted replacement | Verification |
|---|---|---|---|---|
| Computer | lender or venue | execution | only with authorisation or specification | full test |
| Display | venue | image | within approved range | colour, size and brightness |
| Sensor | lender | interaction | model or agreed equivalent | calibration |
| Router | venue | local network | yes, with requirements | isolated connectivity |
| Exhibition copy | lender | content | regenerable from the master | checksum |
When the historical or sculptural aspect of the equipment forms part of the artwork, do not treat it as a replaceable peripheral.
Space, facilities and security
Request sufficient information from the venue regarding:
- dimensions and access;
- power supply and earthing;
- structural load and anchors;
- ventilation and temperature;
- lighting and noise pollution;
- network, firewalls and ports;
- surveillance, barriers and public circulation;
- technical staff and intervention hours;
- emergency and shutdown plan.
The Matters in Media Art resources for loans include a facilities report template, with questions regarding staff, space and power supply, and describe media installations as dynamic systems that require maintenance. These are institutional references, not universal contracts.
Installation, calibration and acceptance
The instructions must allow for the assembly, initiation, testing and shutdown of the artwork. Indicate:
- assembly order;
- diagrams and photographs;
- connections and configuration;
- resolution, channels and levels;
- startup and shutdown sequence;
- sensor calibration;
- tests that confirm operation;
- state that must be photographed before opening.
Define who may interpret the instructions and who approves the result. If the artist or a technician is involved, establish travel, fees, dates, tools and remote assistance.
Do not consider the installation accepted simply because the programme opens. Verify image, sound, interaction, duration, synchrony, stability and spatial experience.
Network, services and data
If the artwork depends on the internet, an API or a server, the agreement must indicate:
- service and account used;
- party responsible for payment;
- traffic or billing limits;
- expected availability;
- data sent and received;
- location of providers;
- alternative in case of failure;
- procedure if the API changes;
- security contacts.
Do not connect an old artwork to an open network without evaluation. Isolate when necessary. If the artwork collects public data, it is not enough to mention it in the technical sheet: legal basis, information, processors, transfers and retention must be resolved. The guide on works that collect public data develops these issues.
Technical condition report
The condition report is not limited to knocks and scratches. Record before departure, upon receipt, after installation and before return:
- integrity of files and checksums;
- startup and shutdown;
- audiovisual result;
- sensors, buttons and peripherals;
- condition and hours of use of equipment;
- storage, ventilation and cabling;
- errors, logs and configuration changes;
- photographs of components and assembly;
- deviations from the instructions.
The Matters in Media Art guide on lending provides guidance for verifying the physical condition and functionality of exhibition formats and equipment. Electronic Arts Intermix further provides specific annexes for discs, video tape, equipment, and hard drives. Combine these with the guide on how to read a condition report, ensuring the report is adapted to the specific artwork.
Maintenance during the exhibition
Establish a routine:
- powering on, verification, and powering off;
- cleaning and ventilation;
- review of storage and available space;
- authorised restarts;
- network and service monitoring;
- preventive replacement of consumables;
- daily or weekly incident logging;
- contact and response time.
Specify which actions the venue may perform without authorisation. A restart, an automatic update, or a change in resolution may alter the presentation or compromise the preserved environment.
Equipment failures, replacements, and incidents
Define a decision-making scale:
- immediate safety measures;
- halting or isolating the component;
- documenting the failure;
- notifying the responsible persons;
- applying only previously authorised solutions;
- re-validating the artwork.
Do not reinstall, update, migrate, or replace components based on intuition. Record the file, version, previous and new equipment, date, reason, responsible party, and approval.
In the event of damage, preserve records, equipment, and packaging, and follow the guide What to do if a work of art is damaged.
Insurance and State Indemnity
Verify that the policy correctly describes files, equipment, transport, installation, equipment failure, electrical damage, theft, loss, and recovery costs. The guide How to insure a work of art explains coverage and exclusions. Do not assume that a conventional policy covers data loss, software failure, or the failure of an external service.
Royal Decree 1680/1991 develops the ninth additional provision of Law 16/1985 on Spanish Historical Heritage. It allows the State to commit to indemnifying for the destruction, loss, theft, or damage of artworks of relevant artistic, historical, paleontological, archaeological, ethnographic, scientific, or technical interest ceded, temporarily or permanently, to museums, libraries, or archives for public viewing. The application is made to the Ministry of Culture by the museum, library, or archive acting as the borrowing institution, whether public or private, with the consent of the lender. It must describe the artworks and justify their relevant interest, indicate their value and the procedures for condition reporting before delivery and upon return, and detail the packaging, transport, and security measures, as well as the insurance provided for what the State Indemnity does not cover. It is granted by order, on a case-by-case basis.
The regulation does not mention digital artworks, nor does it expressly exclude them. Furthermore, no public resolution has been located that allows for the assertion, as a general rule, that it extends to the files, software, and equipment of a digital artwork. Article 5 excludes damage due to inherent vice or intrinsic quality of the asset, the ordinary passage of time, and the deliberate act or omission of the lender. Whether a piece of equipment or software failure, or obsolescence, fits into these exclusions depends on each case. Do not present the State Indemnity as automatic or as general coverage for technological maintenance.
Transport and delivery
Transporting equipment requires an inventory, packaging, serial numbers, backups, and environmental limits. Do not transport the only copy of the files alongside the only equipment capable of executing them.
Before sealing each package:
- photograph the contents;
- record accessories and cables;
- label without altering components;
- secure moving parts;
- protect discs and media;
- verify that a separate copy exists;
- agree on who receives and signs.
Integrate this preparation with how to send or transport a work of art.
Deinstallation, deletion, and return
The agreement should state:
- who deinstalls and supervises;
- which report is signed;
- which configurations are retained;
- which files are returned;
- which copies must be deleted;
- how deletion is verified;
- what happens to logs, photographs, and documentation;
- how access and credentials are revoked;
- which equipment is returned and which remains at the venue.
Do not request the deletion of documentation necessary to verify the exhibition or the condition. Separate the artwork's files, technical copies, personal data, maintenance logs, and institutional documentation.
Checklist
- Artwork, version, edition, and components are identified.
- The exhibition copy has a checksum.
- Files that are not delivered are clearly defined.
- Lender and venue equipment are listed separately.
- Space, power, network, and security are approved.
- Instructions and acceptance tests exist.
- The agreement authorises necessary uses and no others.
- The condition report includes functionality and digital integrity.
- There are responsible parties and response times for equipment failures.
- Replacements and updates require defined authorisation.
- Insurance or State Indemnity has been confirmed in writing.
- Deinstallation, access revocation, deletion, and return are agreed upon.
Further reading
- Lending your work to an exhibition: the loan agreement.
- Lending a work from a private collection to a museum.
- Preserving a digital artwork.
- How to read a condition report.
- How to insure a work of art.
- How to ship or transport a work.
Sources
- Matters in Media Art, Lending Media Art. Process, budget, agreement, facilities report, installation documentation, and condition report for loans; page date: not located.
- MoMA, Matters in Media Art. Institutional context of the project: consortium of New Art Trust, MoMA, SFMOMA, and Tate, created in 2003.
- Electronic Arts Intermix, Agreements & Contracts. Resources for loan and installation; the page only indicates "© 2006-2013".
- Royal Decree 1680/1991, State Indemnity for works of cultural interest. Arts. 1, 2, 3, 5, and 6.
Status: Verified. Review: 11 October 2026. This guide does not replace the legal, technical, or insurance review of a specific loan. If you find a change, a broken link, or an error, write to me.