Establishment of a National Photography Museum

Recommendation from the Ministry of Cultural Affairs of 27 May 1994, approved by the Cabinet the same day.

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Background and aims

Modern photography owes its success to a discovery made over 150 years ago. Since then, a flood of technological innovations has made photography an important cultural phenomenon influencing a vast number of activities.

The role that printing/etching and xylography used to play in the illustrations of books, magazines, newspapers and advertising was soon overtaken by photography. This, combined with developments in graphical techniques, led to photography quickly taking a primary role in the design of general publications. Photography has also become an important type of documentation in science and research, e.g. for x-rays and microphotography in medicine, and for the quality control of industrial products, in aerial and satellite photography for making maps, and in environmental monitoring and military surveillance.

While the family album used to be full of portrait and group pictures taken by a professional photographer (often in a photographic studio), the album is now full of predominantly amateur pictures taken of just about anyone, anything and at any time. For several generations now, photography has been part of the culture of our society.

It is also important to recognise that photography is an independent form of artistic expression. It has a long tradition both nationally and internationally, though it has been neglected to some extent by the art institutions in Norway. Photography as an art form is based on its own special technique; it has its own descriptive language and content. In certain areas, it has taken over the role of artistic painting (e.g. portraits). It has also been claimed that the popularity of photography influenced the path of development of painting towards the end of the last century. In current times, photography has become an important element in multi-media activities as well as an independent art form.

A full understanding of photography and its impact in different areas requires an examination of the technological development of the science. This involves optics, chemistry, mechanics, electronics and many other subjects used in exposure equipment, development and copying equipment, film and paper qualities.

There is currently no museum or cultural institution in Norway that has assumed overall responsibility for documentation relating to photography, for the supply of photographs, or for a historical account of the science up to the present day.

Many cultural-historical museums, libraries and archives have large collections of old, Norwegian photographs, but these are primarily photographs used as cultural-historical resource material in various publications, or as parts of exhibitions to highlight clothes, tools or equipment, social events, or phenomena, and (local) people of historical importance.

The Norwegian Museum of Science and Technology has some historical photographic equipment, but this forms part of a broader collection of technological historical artefacts. The Museum has not concentrated on the relationship between technology and the end product and the cultural-historical framework this relationship pertains to. The collection is also too small to give a comprehensive insight into photographic technology.

The Museum of Contemporary Art, the Henie-Onstad Art Centre, and certain other art galleries have photographs in their collections, but none can be said really to have concentrated on photography. Rather, photography takes a secondary role after the fine arts, graphic art and sculpture. With a grant from the Norwegian Council of Cultural Affairs (Norsk kulturråd), the Association of Free Photographers (Forbundet Frie Fotografer) compiled in 1992 a report on artistic photographs with the aim of establishing a museum based on the idea of ”the value of photography, and photography as an expression of aesthetic creativity”.

The most important aims of the museum were to be a) the promotion of the aesthetic value of pictures and b) the promotion of research into the history of photography.

In the hearing relating to this report, various parties aired the view that the photography museum should be granted the right to cover a greater range of topics. That is, it should cover not only photography as an art form, but also cultural-historical and technical aspects of photography. Many parties recommended that an examination be carried out to determine whether the financial means could be made available for such a museum through the state taking over the private museum called Preus Fotomuseum ("The Preus Photography Museum"). These views were further supported in the same year in the report ”Photography: Past and Future. Plan for the Protection of Photographs”, compiled by a working group appointed by the Norwegian Council of Cultural Affairs for protecting photographs.

White Paper No. 61 (1991–92) ”Contemporary Cultural Affairs” (”Kultur i tiden”) pointed out the following.

”The significance of photography as an independent art form has gained considerable understanding and respect. The majority of countries in the Western world now have photography museums to safeguard their photographic heritage and the aesthetic traditions represented by photography. They provide artistic and cultural values by means of exhibitions, books and research reports.

Norway lacks a publicly funded museum in this field. What we have at present is a secretariat for registering photographs, and cultural-historical museums and libraries that have responsibility for the country’s photographic heritage. The Museum of Contemporary Art has, as one of its many duties, to purchase and display contemporary photography. The main display at the Preus Fotomuseum in Horten is based on a large private collection and has gained international recognition, but, ever since its establishment, it has adhered to the theme of the historical development of photography.”

Following the issue of the report on cultural affairs, the Ministry of Cultural Affairs pursued the matter and decided it would be natural to establish a separate museum with the responsibility to house a broad range of photographic documentation and photographs as an expression of cultural evolution and as a phenomenon of contemporary interest. Such a museum would house both temporary and permanent exhibitions, would provide a location for travelling exhibitions and would offer technical assistance to other cultural institutions exhibiting photographs and photographic technology.

In the recommendation from the Committee for Church and Educational Affairs, Recommendation to the Storting No. 115 (1992–93), resolved on 25 March 1993, it was stated that:

”The majority has also found it appropriate that the state accepts the offer to take over Preus Fotomuseum, Horten, with a view to using it as the basis of a national photography museum in Horten, ……. On the explicit condition that the Ministry of Cultural Affairs is able to agree with Preus Fotomuseum on an acceptable price, the majority believes that the state should, as soon as possible, acquire the valuable objects, photographs and other artefacts that are currently in the museum’s possession, and see to it that a national photography museum is established.”

The Preus Collection

Preus Fotomuseum in Horten was established by Mr Leif Preus early in the 1970s. It has been open to the public since 1976. It currently houses approx. 4,000 photographs, 2,000 cameras and other photographic pieces of equipment, a library with nearly 13,000 books and journals, and an archive containing approx. 43,000 documents. The museum has a distinctly international character.

On assignment for the Ministry of Cultural Affairs, the head of the research department at the National Museum of Photography Film & Television in England, Mr Roger Taylor, carried out in October 1993 an assessment of the collection. He concluded that it had a European and American character, covered a broad range of photographic topics and concentrated on material from the 19th and early 20th century. Mr. Taylor also emphasised that the collection had been stored in an ideal physical environment and was therefore in good condition.

Mr. Taylor drew particular attention to the juxtaposition of the various parts of the collection, stating that this was one of its best qualities. It would form the basis of a prominent centre for exhibitions and research. With cameras, photographs, advertising material, technical literature, instruction manuals, etc., there was a solid basis on which to present a whole range of activities from the concept stage to the final result. Mr. Taylor said it was unusual to find such a wide-ranging collection under one roof.

In his assessment of the various elements of the collection, Mr Taylor gave particular praise to the photographs and library. He pointed out that the photography collection covered every era of photography right up to the present day, and that it was both comprehensive and representative – even though some areas were less well represented than others were. Mr Taylor considered the library one of the most comprehensive and best organised in its class. There were, he said, only a few other institutions in Europe and America that could boast corresponding library collections.

The auctioneers, Christies, London, were engaged by the Ministry of Cultural Affairs to value the Preus collection and gave the following appraisal of the museum:

”The Preus Museum contains an excellent collection of important artefacts of photographic technology and photographic art, combined with an unusually comprehensive library. We know of no other private collection of similar scale and quality. The collection has been built up and managed in a highly professional way, and every effort has been made to optimise storage conditions. It is difficult to see how a corresponding collection could be assembled today, with so much important equipment and early photo-historical literature seldom, or never, put up for sale. Such material is increasingly difficult to find.”

Site for the museum

The Ministry of Defence is prepared to put 1,400 sq. m. on the third floor of Warehouse A at the naval barracks of Karljohansvern, Horten, at the disposal of a national photography museum. The warehouse building was erected in 1862 and is in good condition. The walls and columns are built of brick and have been described as being unusually robust. Once the site has been renovated, it should prove ideal for the purpose.

A major advantage in locating the museum at this site is that the Naval Museum, which is a department of the Defence Museum, is on the first floor of the same building. By having both the Naval Museum and the national photography museum in the same building, it should be possible to develop close collaboration in respect of both practical and technical issues, e.g. measures to help the public, marketing, security, and conservation.

Karljohansvern is in a good location and is ideal for housing cultural activities. It is near the ferry link Moss - Horten that carries over one million passengers a year. Horten is easy to reach by both car and train / bus. It is about 75 minutes by car from Oslo, and 90 minutes by train/bus.

If the national photography museum were to be located in Horten, Borre Municipality and Vestfold County Municipality would be willing to contribute a total of NOK 11 million for completing the project, i.e. they would be willing to cover a small part of the purchase sum as well as the costs of setting up the exhibitions and of preparing the museum for operation. One of the conditions for such aid, however, is that the state assume responsibility for public funding of the photography museum.

Organisation and operation

The Ministry of Cultural Affairs is to draw up a precise report on the planned photography museum in its proposal for the 1995 budget. It can be assumed that the project, once launched, will require an annual subsidy of approx. NOK 3–4 million. With reference to the categories of institutions (relating to the distribution of financial responsibility at management level) that are defined in White Paper No. 61 (1991–92) ”Contemporary Cultural Affairs” (”Kultur i tiden”), we should like to add that the photography museum is to be a national institution. That is, the state will be the sole party responsible for providing the museum with its annual operating subsidy.

With respect to organisation, we consider it most appropriate that an independent body be created to assume responsibility for running the museum. In this way, operations can be run on the same lines as those used by the Norwegian Mining Museum, the Norwegian Folk Museum and Maihaugen.

For the first two to three years, organisation work will be a project phase composed mainly of the construction and development of the new photography museum.

Registration and agreement with Preus

Following a number of informal meetings, the first formal negotiations between Preus Foto A/S and the Ministry of Cultural Affairs took place in May 1993. On the advice of the National Museum of Photography Film & Television, the Ministry of Cultural Affairs engaged the auctioneers, Christies of London, to value the collections at Preus Fotomuseum. This involved two staff from Christies working for four days in October 1993 to assess all the material in the museum.

As laid down in the order for the valuation assignment, Christies carried out only a limited valuation. However, in the letter that accompanied their valuation result, they stated that: ”The well organised layout of the exhibits made them easy to see and appreciate, and the catalogues compiled by the museum were a great help. We are fully confident, therefore, that we have performed a comprehensive survey and valuation.”

Christies’ conclusion was that a so-called low estimate for sale by auction would be approx. NOK 30 million.

This valuation forms the basis of the Ministry of Cultural Affairs' assessment of the sum the state can agree to pay the seller. The Ministry has also assumed that the state cannot pay more for the Preus collection than the sum that Preus Foto A/S would earn if it sold the collection in another way.

On the one hand, it has to be taken into consideration that the seller would have to pay the auctioneers a certain commission for selling the collection by auction, and would have to cover a number of other costs. Furthermore, auction results show that a number of articles put up for sale often remain unsold.

On the other hand, if we compare so-called low estimates given in auction catalogues with actual purchase prices, we can see that actual purchase prices, on average, are considerably higher. We must also bear in mind that sale by auction abroad would exempt the seller from Value-added Tax. If the seller sells to the state, or other buyers in Norway, he would have to pay this tax.

Following an overall assessment, the Ministry of Cultural Affairs has resolved to enter into an agreement – subject to the approval of the Storting (Norwegian parliament) – with Preus Foto A/S on the take-over by the state of Preus Photography Museum for the sum of NOK 46 million. This is to be paid in instalments: NOK 19 million in 1994, NOK 14 million in 1995, and NOK 13 million in 1996. Vestfold County Municipality and Borre Municipality are to pay a total of NOK 3 million in 1994 and NOK 2 million in 1995 towards these sums.

The agreement (see Appendix) lays down the rules governing the state’s take-over of the whole Preus collection of photographs, photographic equipment, the library, archives, catalogues, furniture and fittings, equipment, etc.

The current museum as a commercial enterprise or legal person is not to be taken over, and any obligations pertaining to it will remain with the seller. Exempt from this is that the current librarian at Preus Photography Museum will be offered a position as librarian, and Mr. Leif Preus will be invited to be the first director of the new museum.

The agreement lays down that the Preus collection must be maintained intact, though this does not prevent artefacts from being loaned to other exhibitions, or stored in other museums in line with standard practice.

The date for take-over is 1 January 1995. The seller is responsible for operating the museum up to the take-over.

The parties agree that the name of the museum after take-over will be ”Norsk Museum for fotografi – Preus Fotomuseum” (“The Norwegian Photography Museum – Preus Photography Museum”).

The Ministry of Cultural Affairs Recommends:

that His Majesty approve and sign the proposal for the recommendation put forward to the Storting relating to the establishment of a national photography museum.

We, HARALD, King of Norway

hereby make it known:

that the Storting is asked to make the following resolution.

I

The Ministry of Cultural Affairs may enter into an agreement with Preus Foto A/S for the purchase of Preus Photography Museum for NOK 46 million, of which NOK 41 million will be paid by the state over three years as laid down in the terms of the recommendation.

II

The following amendments have been made to the 1994 national budget:

Grant under Chapter 328 Museum purposes, item 45 Major new acquisitions, transferable, is to be increased by

NOK 16,000,000 from NOK 2,732,000 to NOK 18,732,000.

The recommendation of Ministry of Cultural Affairs is attached.

Appendix

AGREEMENT

between

Preus Foto A/S (Seller)

and

The Ministry of Cultural Affairs, Norway (Buyer).

The following agreement was entered into today by the above parties.

1. Background – Definitions

1.1 Seller has spent many years building up the Preus Fotomuseum. It now houses collections of photographs, photographic equipment, material relating to the history of photography, a library, catalogues, archives, furniture and fittings, and equipment etc. Preus Foto A/S wishes to sell the museum, and the State wishes to acquire it, with a view to establishing a national photography museum based in Horten.

1.2 In this agreement, the term ”Museum” is to be interpreted as representing all property to be transferred, while the terms ”Object/Objects” relate to one or more specific objects, or rights, etc.

2. Scope of transfer

2.1 Seller transfers to Buyer the Museum as it is today in accordance with the documentation given by Seller to Buyer. Objects, rights, etc., that are not specifically mentioned, or referred to, are to accompany the transfer if they are on the premises of the Museum, or if they are otherwise naturally connected with the Museum and its activities, unless explicitly excepted in accordance with Section 2.2.

Seller’s correspondence archive relating to the Museum, and the bookkeeping vouchers relating to purchases for it, are also to be transferred to Buyer. Buyer understands that Seller is juridically bound to store such bookkeeping vouchers for a given period. Seller must therefore keep these bookkeeping documents in an appropriate fashion and give Buyer access to them, as well as the right to photocopy them. Costs of any such copying are for Buyer’s account. Once the juridically binding period has expired, these documents are to be transferred free-of-charge to Buyer.

2.2 In Appendix 1 to this Agreement, Objects are identified when specific factors apply to them.

2.3 The Museum is to be transferred without liens, limitations on resources, or other similar factors, unless these have been specifically identified in Appendix 1.

2.4 It must be emphasised that the State is not taking over the Museum’s activities as such, since all obligations relating to the operation of the museum still pertain in their entirety to Seller. However, exempt from this is the position of librarian. In this respect, Buyer has resolved to offer the current librarian the position of librarian at the Museum as of 1January 1995. Seller undertakes, furthermore, to maintain during the period up to take-over a clear line on issues relating to the parties to the agreement, finance bodies, and the public authorities, etc.

2.5 The Museum and its collection are expected to remain one unified establishment. However, this does not prevent the Museum from lending the Objects to other exhibitions, or from depositing them at other museums in line with standard practice.

3. Price

The purchase price for the collection, all-inclusive, is NOK 46,000,000 (forty-six million). The purchase price is a total amount that takes into consideration the elements of the collection (photographic equipment, pictures, and literature), the value of the museum and the due dates for payment.

4. Due dates, security

4.1 The purchase price, as defined in Section 3, is to be paid as follows:

1994 NOK 19,000,000

1995 NOK 14,000,000

1996 NOK 13,000,000

The 1994 payment is to be made one month after the final resolution has been reached by the Storting, Vestfold County Municipality and Borre Municipal Council. The payments for 1995 and 1996 are to be made on 20 January of the respective year. The above price and dates due were laid down using the current value of the Norwegian crown and no adjustment of the amount is to be made.

4.2 Seller undertakes to provide security in the form of a bank guarantee from a Norwegian bank for the amount paid by Buyer in accordance with the payment scheme before take-over (see Section 5, below). Seller is to give this bank guarantee to Buyer no later than one month before the due payment date.

5. Take-over, inspection, liability, rental period

5.1 Buyer is to take over the Museum on 1 January 1995.

5.2 As of this date, 00.00 hours, Buyer assumes responsibility and liability for the Museum. Before this date, all liability and risk lie with Seller. The balance of current liabilities and revenues is also to be calculated using this date as the cut-off point, and is to be settled between the parties no later than two months after take-over.

Buyer has the right to be on the premises until 30 June 1995. Buyer will pay rent of NOK 35,000 per month, or part thereof. This rent also covers lighting and heating.

5.3 During the last three days before take-over, Buyer and Seller are to inspect the Museum and check that it meets the terms of Section 2 of this Agreement. The parties are to check that the Museum is in the condition it was in at the time the Agreement was entered into, and that it has not been subject to damage or deteriorated in any way beyond that which is considered normal wear and tear. Seller is liable for any other deterioration up to the date of take-over, unless such deterioration is caused by Buyer.

5.4 If the Museum does not conform to the conditions laid down in the Agreement, Buyer has the right, if the non-conformance is significant, to cancel the Agreement. Seller must then re-pay Buyer all amounts paid in respect of the Agreement, plus interest at the rate of 5% per year for the appurtenant period.

5.5 In the event of any non-conformances being too insignificant to entitle Buyer to cancel the Agreement, or in cases where Buyer chooses to continue with the take-over despite the presence of any non-conformances that would entitle him to cancel the Agreement, Seller is bound to provide compensation in the form of a reduction in the price that corresponds to the value of the non-conformance.

If the non-conformance is covered by Seller’s insurance policy, Buyer is to assume Seller’s claim against the insurance company. In such cases, Seller is to grant Buyer the power of attorney and all authorisations necessary to pursue the case. Costs of pursuing such insurance claims are for Buyer’s account. Seller is liable for paying Buyer those amounts that, according to the Agreement, he has claim to, and which the insurance policy does not cover. If the Museum is damaged before take-over to the extent that the building has to be written off, Seller is still entitled to the full insurance compensation, though less any refunds to Buyer for any sums paid by the latter at 5% per year from the time of payment.

6. Operation and management of the museum

6.1 In the period from the signing of this Agreement until take-over, Seller is responsible for running the Museum and bears all costs relating to this. Buyer wishes to maintain operation throughout this period.

6.2 Seller is responsible for providing adequate maintenance, security and other services that are necessary to ensure smooth operation of the Museum until take-over.

Seller must notify Buyer without undue delay of any damage or deficiencies that he becomes aware of up to the date of take-over.

6.3 Buyer is to be given access to the Museum during the transitional stage, though times of access must be agreed on separately with Seller.

6.4 Seller is bound to keep the Museum insured in the period up to take-over.

6.5 In the period from the signing of this Agreement until take-over, Seller is not entitled to reallocate the assets of the Museum, or individual Objects, without written consent from Buyer. This provision is here intended to mean any agreement or corresponding action, or the lack of such action, which may lead to the transfer or reduction in right of ownership. Furthermore, all mortgages and leasing of Objects, etc. are also covered by this provision. In the case of dispute, Seller must contact Buyer before reallocation in order to obtain Buyer’s explanation of the proposed action.

7. Taxes and fees

Each party is individually liable for the respective taxes and duties incurred as a result of entering into this Agreement.

8. Disputes

8.1 The parties have agreed to seek to resolve by negotiation any disputes arising in connection with this Agreement.

8.2 If the negotiations referred to in Section 8.1 do not resolve the issue, either party may, with three weeks’ written notice, demand that the issue be resolved by arbitration.

Once such a demand for arbitration has been put forward, the parties must, within a further three weeks, agree on three arbitrators whose resolution of the dispute is to be considered complete and final. At least one of the three arbitrators must be a jurist and must act as chairman of the arbitration tribunal. If the parties cannot agree on the composition of the arbitration tribunal, all three members of the Senior Judge President of the Eidsivating Court of Appeal are to be appointed. Furthermore, arbitration is to be subject to the terms of the Civil Procedure Act.

9. Agreement with Mr. Leif Preus

In addition to this Agreement, Buyer is to enter into a separate agreement with Mr. Leif Preus relating to his employment as Director of the Museum.

10. Name

The parties agree that the name of the Museum after take-over is to be:

”Norsk museum for fotografi - Preus fotomuseum” ("The Norwegian Photography Museum – Preus Photography Museum ”)

11. Reservations

The terms of this Agreement are binding only after the Agreement has been approved by the Storting. Its validity is also subject to final approval by Vestfold County Municipality and Borre Municipality of their respective shares of the financing. If these approvals are not given, each party must return to the other those things that were received from the other party as a result of the Agreement. Each party is to bear its own costs.

Oslo, 25 May 1994.

The Ministry of Cultural Affairs, Norway

Preus Foto A/S

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