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College Art Association

Committees

Committee on Intellectual Property

Description

Jeffery Cunard, CAA counsel, discusses the Task Force on Fair Use during the CIP session at the 2013 Annual Conference (photograph by Bradley Marks)

The Committee on Intellectual Property (CIP) monitors and interprets copyright legislation for the benefit of CAA’s various constituencies. In so doing, it seeks to offer educational programs and opportunities for discussion and debate in response to copyright legislation that effects educators, scholars, museum professionals, and artists.

Recent Projects

The Committee on Intellectual Property recently provided comments to a draft version of Copyright, Permissions, and Fair Use among Visual Artists and the Academic and Museum Visual Arts Communities: An Issues Report.  Endorsed by CAA's Board of Directors on January 24, 2014, the report is now available on CAA's website. This report and CAA's fair-use project, funded by the Andrew W. Mellon Foundation with additional funding from the Samuel H. Kress Foundation, is one in a series of steps to develop and disseminate a Code of Best Practices for Fair Use in the Creation and Curation of Artworks and Scholarly Publishing in the Visual Arts.

During CAA's 2013 Annual Conference, the committee sponsored a well-attended panel on the fair use project. Panelists included Jeff Cunard, CAA Counsel and Partner, Debevoise & Plimpton LLP, and co-chair of CAA's Task Force on Fair Use, and principal investigators for the project: Patricia Aufderheide, professor, School of Communication, and director, Center for Media & Social Impact, American University; and Peter Jaszi, professor, Washington College of Law, American University. Chris Sundt, chair of the Committee on Intellectual Property, led the session.

The Committee oversaw a major revision of the Intellectual Property and the Arts section of the CAA website in 2011 and 2012. Information on these pages was updated and expanded to provide current and relevant resources for CAA’s members. In 2012, the committee sponsored a session at the CAA Annual Conference on “Give and Take: Copyright's Balancing Act,” preceded by “Copyright, CAA, and the Next Century,” at the 2011 conference. Ongoing projects include the continual monitoring of the status of orphan-works legislation, and providing information about copyright and best practices in fair use in the arts to artists and art historians.

Peter Jaszi, professor of law at American University, speaks to Linda Downs, Janet Landay, and Jeffrey Cunard after the 2013 CIP conference session (photograph by Bradley Marks)

The committee sponsored a two-part conference in 2007, “Who Owns this Image? Art, Access, and the Public Domain after Bridgeman v. Corel,” with the New York City Bar Association, ARTstor, and Creative Commons. The first part was a high-level closed-door conference, attended by thirty-five experts including two influential federal judges, the deputy director of the Metropolitan Museum of Art, the president of the Artists Rights Society, the relevant department director at the US Copyright Office, leading legal scholars in this area from major universities, and others. The public panel, which drew a standing-room-only audience of eight hundred, was composed of the following: Hon. Lewis A. Kaplan, United States District Judge (author of the Bridgeman opinion); Theodore Feder, President, Artists Rights Society; Christopher Lyon, Executive Editor, Prestel Publishing; William Patry, Senior Copyright Counsel, Google; and Maureen Whalen, Associate General Counsel, J. Paul Getty Trust. The moderator was Virginia Rutledge, Vice President and General Counsel, Creative Commons, chair NYCBA Art Law Committee, and former member of CIP.

Committee Members (2017–18)

Anne Collins Goodyear, Bowdoin College Museum of Art, Chair
Nathan Budoff, University of Puerto Rico
Jeffrey P. Cunard, Debevoise & Plimpton LLP, CAA Board Liaison (ex officio)
Melissa Eckhause, Texas A&M University
Carma Gorman, The University of Texas at Austin, CAA Board Liaison (ex officio)
Jim Hopfensperger, Western Michigan University, CAA Board Liaison (ex officio)
Betty Leigh Hutcheson, CAA Staff Liaison (ex officio)
Janet Landay, CAA Staff Liaison (ex officio)
Emily Lanza, US Copyright Office
Kelly Salchow MacArthur, Michigan State University
Amy Ogata, University of Southern California
David Raskin, School of Art Institute of Chicago
Andrew Schulz, Pennsylvania State University, CAA Board Liaison (ex officio)
Elizabeth Varner, US Department of the Interior