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CAA is pleased to announce the finalists for the Charles Rufus Morey Book Award and the Alfred H. Barr, Jr., Award for 2010. The winners of both prizes, along with the recipients of other Awards for Distinction, will be announced in early January and presented in February during Convocation at the 2010 Annual Conference in Chicago.

The Charles Rufus Morey Book Award honors an especially distinguished book in the history of art, published in any language between September 1, 2008, and August 31, 2009. The four finalists are:

  • Matthew Biro, The Dada Cyborg: Visions of the New Human in Weimar Berlin (Minneapolis: University of Minnesota Press, 2009)
  • Cammy Brothers, Michelangelo, Drawing, and the Invention of Architecture (New Haven: Yale University Press, 2008)
  • Carrie Lambert-Beatty, Being Watched: Yvonne Rainer and the 1960s (Cambridge, MA: MIT Press, 2008)
  • Shelley Perlove and Larry Silver, Rembrandt’s Faith: Church and Temple in the Dutch Golden Age (University Park: Pennsylvania State University Press, 2009)

The Alfred H. Barr, Jr., Award for museum scholarship is presented to the author(s) of an especially distinguished catalogue in the history of art, published between September 1, 2008, and August 31, 2009, under the auspices of a museum, library, or collection. The three finalists are:

  • Andrea Bayer, ed., Art and Love in Renaissance Italy (New York: Metropolitan Museum of Art, in association with Yale University Press, 2008)
  • Debra Diamond, Catherine Glynn, and Karni Singh Jasol, Garden and Cosmos: The Royal Paintings of Jodhpur (Washington, DC: Arthur M. Sackler Gallery, Smithsonian Institution, 2008)
  • Sarah Greenough, Looking In: Robert Frank’s “The Americans” (Washington, DC: National Gallery of Art, 2009)

Convocation at the 2010 Annual Conference, which includes the awards ceremony, takes place on Wednesday evening, February 10, 5:30–7:00 PM, in Grand EF, East Tower, Gold Level, Hyatt Regency Chicago. The event is free and open to the public.

For more information about CAA’s Awards for Distinction, please contact Lauren Stark, CAA manager of programs, at 212-691-1051, ext. 248.

Filed under: Annual Conference, Awards, Books

CAA is pleased to announce four recipients of the Wyeth Foundation for American Art Publication Grant for 2009:

  • Hiroko Ikegami, The Great Migrator: Robert Rauschenberg and the Global Rise of American Art, MIT Press
  • Kevin D. Murphy, Jonathan Fisher of Blue Hill, Maine: Commerce, Culture, and Community on the Eastern Frontier, University of Massachusetts Press
  • David Raskin, Donald Judd’s Local Orders: Art, Principles, and Activism, Yale University Press
  • Alison Syme, A Touch of Blossom: John Singer Sargent and the Queer Flora of Fin-de-Siècle Art, Pennsylvania State University Press

Since 2005, Wyeth grants have annually supported one or more book-length scholarly manuscripts in the history of American art, visual studies, and related subjects that have been accepted by a publisher on their merits but cannot be published in the most desirable form without a subsidy.

For purposes of this grant program, “American art” is defined as art created in the United States, Canada, and Mexico prior to 1970.

Application criteria and guidelines for the Wyeth Grant are available at www.collegeart.org/wyeth or from nyoffice@collegeart.org. Deadline: October 1, 2010.

The College Art Association has joined the National Coalition Against Censorship, the American Association of University Professors, and other leading groups in academia, civil liberties, journalism, and free speech to issue a Statement of Principle and Call to Action urging governments, institutions, and private individuals to support freedom of expression and academic freedom, and to resist caving in to threats of violence.

This statement (see below) is a response to a number of incidents, specifically the decision by Yale University officials to remove all images of Mohammed from Jytte Klausen’s book, The Cartoons That Shook the World. This scholarly treatise examines the violent response in 2005 to twelve drawings by Danish cartoonists depicting the prophet Mohammed. While Yale officials cited “generic” fears of violence as the reason for excising all the images, there have been no actual threats of violence.

The statement, which follows a letter sent to Yale in September 2009 regarding the images in Klausen’s book, acknowledges that violence has been a common response to controversial words and images throughout human history and is now threatening the commitment to free speech, raising concerns about “fear-induced self-censorship.”

While the statement is immediately in response to the incident at Yale, religion is only one of a number of prominent issues known to incite violence. Recent examples of self-censorship in the visual arts include an exhibition at the San Francisco Art Institute in 2008 that was cancelled in response to violent threats from animal-rights activists, and an instance in 2006 in which the Whitechapel Gallery in London made the decision not to exhibit twelve works by Hans Bellmer, declaring that they were too dangerous to display because the sexual overtones would offend the Muslim population in the area.

Statement of Principle: Free Expression at Risk, at Yale and Elsewhere

A number of recent incidents suggest that our long-standing commitment to the free exchange of ideas is in peril of falling victim to a spreading fear of violence. Not only have exhibitions been closed and performances canceled in response to real threats, but the mere possibility that someone, somewhere, might respond with violence has been advanced to justify suppressing words and images, as in the recent decision of Yale University to remove all images of Mohammed from Jytte Klausen’s book, The Cartoons that Shook the World.

Violence against those who create and disseminate controversial words and images is a staple of human history. But in the recent past, at least in liberal democracies, commitment to free speech has usually trumped fears of violence. Indeed, as late as 1989, Salman Rushdie’s Satanic Verses continued to be published, sold, and read in the face of a fatwa against its author and in the face of the murder and attempted murder of its translators and publishers. In 1998, the Manhattan Theater Club received threats protesting the production of Terrence McNally’s play, Corpus Christi, on the ground that it was offensive to Catholics. After initially canceling the play, MTC reversed its decision in response to widespread concerns about free speech, and the play was performed without incident.

There are signs, however, that the commitment to free speech has become eroded by fears of violence. Historical events, especially the attacks of September 2001 and subsequent bombings in Madrid and London, have contributed to this process by bringing terrorist violence to the heart of liberal democracies. Other events, like the 2004 murder of Dutch film director Theo Van Gogh in apparent protest against his film “Submission,” and the threats against Ayaan Hirsi Ali, who wrote the script and provided the voice-over for the film, demonstrated how vulnerable artists and intellectuals can be just for voicing controversial ideas. Under such threats, the resolve to uphold freedom of speech has proved to be lamentably weak: in the same year as Van Gogh’s murder, Behzti, a play written by a British Sikh playwright, was canceled days after violence erupted among protesters in Birmingham, England on opening night.

In response to rising concerns about fear-induced self-censorship, in 2005 the Danish newspaper Jyllands-Posten published an article, “The face of Mohammed,” which included twelve cartoon images. The cartoons became the focus of a series of violent political rallies in the Middle East in February 2006 and a subject of worldwide debate pitting free speech against “cultural sensitivity.”

For all the prominence of religion in such debates, threats of violence against words and images are not the sole province of religious extremists. In 2005, a politically controversial professor’s scheduled speech at Hamilton College in Clinton, NY was canceled in response to threats of violence. In 2008, the San Francisco Art Institute closed a controversial video exhibition in response to threats of violence against faculty members by animal rights activists. Later that year, the University of Nebraska-Lincoln canceled a speech by former Weatherman and education theorist William Ayers citing security concerns.

The possibility of giving offense and provoking violence has entered the imagination of curators, publishers and the public at large, generating more and more incidents of preemptive self-censorship: in 2006, for instance, London’s Whitechapel gallery declared twelve works by Surrealist master Hans Bellmer too dangerous to exhibit because of fears that the sexual overtones would be offensive to the large Muslim population in the area; and publisher Random House canceled the 2008 publication of Sherry Jones’ The Jewel of Medina because “it could incite acts of violence.” The suppression of images in Jytte Klausen’s book is the latest, but not likely to be the last in the series of such incidents.

Words and images exist in complex socio-political contexts. Suppressing controversial expression cannot erase the underlying social tensions that create the conditions for violence to begin with, but it does create a climate that chills and eventually corrupts the fundamental values of liberal democracy.

A Call to Action

The incident at Yale provides an opportunity to re-examine our commitment to free expression. When an academic institution of such standing asserts the need to suppress scholarly work because of a theoretical possibility of violence “somewhere in the world,” it grants legitimacy to censorship and casts serious doubt on their, and our, commitment to freedom of expression in general, and academic freedom in particular.

The failure to stand up for free expression emboldens those who would attack and undermine it. It is time for colleges and universities in particular to exercise moral and intellectual leadership. It is incumbent on those responsible for the education of the next generation of leaders to stand up for certain basic principles: that the free exchange of ideas is essential to liberal democracy; that each person is entitled to hold and express his or her own views without fear of bodily harm; and that the suppression of ideas is a form of repression used by authoritarian regimes around the world to control and dehumanize their citizens and squelch opposition.

To paraphrase Ben Franklin, those who would give up essential liberty to purchase a little temporary safety, will get neither liberty nor safety.

Joan E. Bertin, Executive Director, National Coalition Against Censorship
Cary Nelson, President, American Association of University Professors

Endorsed by:
American Association of University Professors
American Civil Liberties Union
American Federation of Teachers
American Society of Journalists and Authors
Center for Democracy and Technology
Center for Inquiry
College Art Association
First Amendment Lawyers Association
First Amendment Project
Foundation for Individual Rights in Education
International Publishers Association
Modern Language Association
National Coalition Against Censorship
National Council of Teachers of English
National Education Association
People For the American Way Foundation

Filed under: Advocacy, First Amendment

The College Art Association has joined the National Coalition Against Censorship, the American Association of University Professors, and other leading groups in academia, civil liberties, journalism, and free speech to issue a Statement of Principle and Call to Action urging governments, institutions, and private individuals to support freedom of expression and academic freedom, and to resist caving in to threats of violence.

This statement (see below) is a response to a number of incidents, specifically the decision by Yale University officials to remove all images of Mohammed from Jytte Klausen’s book, The Cartoons That Shook the World. This scholarly treatise examines the violent response in 2005 to twelve drawings by Danish cartoonists depicting the prophet Mohammed. While Yale officials cited “generic” fears of violence as the reason for excising all the images, there have been no actual threats of violence.

The statement, which follows a letter sent to Yale in September 2009 regarding the images in Klausen’s book, acknowledges that violence has been a common response to controversial words and images throughout human history and is now threatening the commitment to free speech, raising concerns about “fear-induced self-censorship.”

While the statement is immediately in response to the incident at Yale, religion is only one of a number of prominent issues known to incite violence. Recent examples of self-censorship in the visual arts include an exhibition at the San Francisco Art Institute in 2008 that was cancelled in response to violent threats from animal-rights activists, and an instance in 2006 in which the Whitechapel Gallery in London made the decision not to exhibit twelve works by Hans Bellmer, declaring that they were too dangerous to display because the sexual overtones would offend the Muslim population in the area.

Statement of Principle: Free Expression at Risk, at Yale and Elsewhere

A number of recent incidents suggest that our long-standing commitment to the free exchange of ideas is in peril of falling victim to a spreading fear of violence. Not only have exhibitions been closed and performances canceled in response to real threats, but the mere possibility that someone, somewhere, might respond with violence has been advanced to justify suppressing words and images, as in the recent decision of Yale University to remove all images of Mohammed from Jytte Klausen’s book, The Cartoons that Shook the World.

Violence against those who create and disseminate controversial words and images is a staple of human history. But in the recent past, at least in liberal democracies, commitment to free speech has usually trumped fears of violence. Indeed, as late as 1989, Salman Rushdie’s Satanic Verses continued to be published, sold, and read in the face of a fatwa against its author and in the face of the murder and attempted murder of its translators and publishers. In 1998, the Manhattan Theater Club received threats protesting the production of Terrence McNally’s play, Corpus Christi, on the ground that it was offensive to Catholics. After initially canceling the play, MTC reversed its decision in response to widespread concerns about free speech, and the play was performed without incident.

There are signs, however, that the commitment to free speech has become eroded by fears of violence. Historical events, especially the attacks of September 2001 and subsequent bombings in Madrid and London, have contributed to this process by bringing terrorist violence to the heart of liberal democracies. Other events, like the 2004 murder of Dutch film director Theo Van Gogh in apparent protest against his film “Submission,” and the threats against Ayaan Hirsi Ali, who wrote the script and provided the voice-over for the film, demonstrated how vulnerable artists and intellectuals can be just for voicing controversial ideas. Under such threats, the resolve to uphold freedom of speech has proved to be lamentably weak: in the same year as Van Gogh’s murder, Behzti, a play written by a British Sikh playwright, was canceled days after violence erupted among protesters in Birmingham, England on opening night.

In response to rising concerns about fear-induced self-censorship, in 2005 the Danish newspaper Jyllands-Posten published an article, “The face of Mohammed,” which included twelve cartoon images. The cartoons became the focus of a series of violent political rallies in the Middle East in February 2006 and a subject of worldwide debate pitting free speech against “cultural sensitivity.”

For all the prominence of religion in such debates, threats of violence against words and images are not the sole province of religious extremists. In 2005, a politically controversial professor’s scheduled speech at Hamilton College in Clinton, NY was canceled in response to threats of violence. In 2008, the San Francisco Art Institute closed a controversial video exhibition in response to threats of violence against faculty members by animal rights activists. Later that year, the University of Nebraska-Lincoln canceled a speech by former Weatherman and education theorist William Ayers citing security concerns.

The possibility of giving offense and provoking violence has entered the imagination of curators, publishers and the public at large, generating more and more incidents of preemptive self-censorship: in 2006, for instance, London’s Whitechapel gallery declared twelve works by Surrealist master Hans Bellmer too dangerous to exhibit because of fears that the sexual overtones would be offensive to the large Muslim population in the area; and publisher Random House canceled the 2008 publication of Sherry Jones’ The Jewel of Medina because “it could incite acts of violence.” The suppression of images in Jytte Klausen’s book is the latest, but not likely to be the last in the series of such incidents.

Words and images exist in complex socio-political contexts. Suppressing controversial expression cannot erase the underlying social tensions that create the conditions for violence to begin with, but it does create a climate that chills and eventually corrupts the fundamental values of liberal democracy.

A Call to Action

The incident at Yale provides an opportunity to re-examine our commitment to free expression. When an academic institution of such standing asserts the need to suppress scholarly work because of a theoretical possibility of violence “somewhere in the world,” it grants legitimacy to censorship and casts serious doubt on their, and our, commitment to freedom of expression in general, and academic freedom in particular.

The failure to stand up for free expression emboldens those who would attack and undermine it. It is time for colleges and universities in particular to exercise moral and intellectual leadership. It is incumbent on those responsible for the education of the next generation of leaders to stand up for certain basic principles: that the free exchange of ideas is essential to liberal democracy; that each person is entitled to hold and express his or her own views without fear of bodily harm; and that the suppression of ideas is a form of repression used by authoritarian regimes around the world to control and dehumanize their citizens and squelch opposition.

To paraphrase Ben Franklin, those who would give up essential liberty to purchase a little temporary safety, will get neither liberty nor safety.

Joan E. Bertin, Executive Director, National Coalition Against Censorship
Cary Nelson, President, American Association of University Professors

Endorsed by:
American Association of University Professors
American Civil Liberties Union
American Federation of Teachers
American Society of Journalists and Authors
Center for Democracy and Technology
Center for Inquiry
College Art Association
First Amendment Lawyers Association
First Amendment Project
Foundation for Individual Rights in Education
International Publishers Association
Modern Language Association
National Coalition Against Censorship
National Council of Teachers of English
National Education Association
People For the American Way Foundation

On October 31, 2009, fifty-nine cultural heritage leaders from thirty-two countries, including representatives of Africa, the Middle East, South America, and Asia, unanimously passed the Salzburg Declaration on the Conservation and Preservation of Cultural Heritage. The declaration was the culmination of the Salzburg Global Seminar (SGS), entitled “Connecting to the World’s Collections: Making the Case for Conservation and Preservation of our Cultural Heritage” and held October 28–November 1, 2009, under the auspices of the Institute of Museum and Library Services (IMLS) and SGS. The declaration will be widely distributed to cultural ministries and other policy-making entities; it has already been translated into Arabic.

The seminar built on the findings of “Connecting to Collections: A Call to Action,” IMLS’s multiyear initiative on collections care, putting them into a global context. It combined presentations by leading experts in conservation and preservation throughout the world with small working groups tasked with making practical recommendations for future action on specific topics. Those guiding topics included emergency preparedness, education and training, public awareness, new preservation approaches, and assessment and planning. One evening was devoted to a fireside chat on “conservation in the developing world,” with a panel of participants representing Benin, Iraq, Mexico, Singapore, and Trinidad and Tobago.

At the opening session, Vinod Daniel, seminar coleader and head of Culture Heritage and Science Initiatives at the Australia Museum, noted that he had never attended a meeting “as diverse as this, with people from this many parts of the world, as cross-disciplinary as this.” A report summarizing the discussions and outlining the recommendations will be published later this year, sent to key stakeholders around the world, and made available online at www.imls.gov and www.SalzburgGlobal.org.

Additional support for the seminar was provided by the President’s Committee on the Arts and the Humanities. For more information about the program, please contact Nancy Rogers, IMLS senior project coordinator, or Susanna Seidl-Fox, SGS program director.

Daily seminar blog posts by Richard McCoy, associate conservator of objects at the Indianapolis Museum of Art, are available at www.iiconservation.org/wpress.

November Obituaries in the Arts

posted by November 23, 2009

CAA recognizes the lives and achievements of the following artists, photographers, scholars, curators, critics, dealers, collectors, and other professionals and important figures in the visual arts. Of special note is Zena Pearlstone’s text on the Native American artist Michael Kabotie.

  • Sarane Alexandrian, an art historian, poet, writer, and founder of the literary magazine Supérieur Inconnu, which was dedicated to Surrealism, died on September 11, 2009, at the age of 82
  • Frances L. Brody, an arts advocate, collector, and benefactor of the Los Angeles County Museum of Art and the Huntington Library, Art Collections, and Gardens, died on November 12, 2009, at the age of 93
  • José Cisneros, a self-taught artist best known for his pen-and-ink sketches of history and life in the southwestern United States, died on November 14, 2009, at the age of 99. He was awarded a National Humanities Medal in 2002.
  • Roy DeCarava, a photographer and professor of art who sought creative expression, rather than social documentary, through his photography of life in Harlem, died on October 27, 2009. He was 89
  • Evelyn Hofer, a photographer of both human and architectural subjects who excelled at still, composed portraits and scenes, died on November 2, 2009. She was 87
  • Michael Kabotie, a Hopi artist, muralist, jeweler, poet, and printmaker whose work promoted understanding of traditional Hopi teachings, died on October 23, at the age of 67. Read Zena Pearlstone’s text, written especially for CAA
  • Wolfgang Ketterer, a German art dealer whose gallery in Stuttgart and Munich specialized in modern art, died on October 14, 2009. He was 89
  • Irving Kriesberg, a figurative expressionist painter praised for his bold forms and intense colors, died on November 11, 2009, at the age of 90
  • Robert Lautman, an architectural photographer whose work focuses on the use of light to capture architectural design, died on October 20, 2009, at the age of 85
  • Claude Lévi-Strauss, a preeminent anthropologist whose structuralist approach influenced many writers, theorists, and art historians worldwide, died on October 30, 2009. He was 100
  • A. John Poole, an architectural sculptor, letter cutter, restorer of sculpture, and teacher whose often-ecclesiastical work can be found throughout Britain, died on September 2, 2009. He was 83
  • Meir “Mike” Ronnen, an art critic for the Jerusalem Post and a cartoonist known for his satirical commentary about life in Israel, died on August 30, 3009, at the age of 83
  • Robert Taylor, a former chief art and book critic for the Boston Globe, died on October 25, 2009, at the age of 84
  • Nick Waterlow, an art curator and the director of three Sydney Biennales whose exhibitions sought to challenge Australian and international views of contemporary art, died on November 9, 2009. He was 68
  • Albert York, a reclusive artist who painted intimate landscapes and still lifes with a quiet sense of the mysterious, died on October 27, 2009, at the age of 80

Read all past obituaries in the arts on the CAA website.

Filed under: Obituaries, People in the News

Jules David Prown, a devoted teacher of the history of American art and material culture and Paul Mellon Professor Emeritus of the History of Art at Yale University, will be honored at the 2010 Distinguished Scholar Session. Held at the CAA Annual Conference in Chicago, this special event takes place on Thursday, February 11, 2010, 2:30–5:00 PM in Grand EF, East Tower, Gold Level, Hyatt Regency Chicago.

Bryan J. Wolf, a professor of American art and culture at Stanford University, writes this about Prown:

His remarkable career marks the coming of age of American art history. His two-volume study of the painter John Singleton Copley (Cambridge, MA: Harvard University Press, 1966) overturned the usual concerns of positivistic biography. His growing focus during the next several decades on the formal properties of objects, together with what he termed the system of cultural “belief” embedded within them, led to a methodological revolution that still resonates loudly in classrooms wherever American art and material culture are taught.

Please read Wolf’s article on Prown and his accomplishments, which is also published in the November 2009 CAA News.

Prown is CAA’s tenth distinguished scholar. He joins a list of illustrious past honorees: Svetlana Alpers (2009), Robert L. Herbert (2008), Linda Nochlin (2007), John Szarkowski (2006), Richard Brilliant (2005), James Cahill (2004), Phyllis Pray Bober (2003), Leo Steinberg (2002), and James Ackerman (2001).

The 2010 Distinguished Scholar Session is generously funded by the Terra Foundation for American Art.

Phyllis Bramson and Tony Tasset, two Chicago-based artists, will participate in CAA’s Annual Artists’ Interviews, hosted by ARTspace during the 2010 Annual Conference in Chicago. This session will be the fourteenth installment of the popular series, which features two major practicing artists in back-to-back interviews. The talks will be held on Friday, February 12, from 2:30 to 5:00 PM at the Hyatt Regency Chicago, Columbus GHIJ, Gold Level, East Tower.

The interviewers were selected by the artists: Lynne Warren, a curator at the Museum of Contemporary Art, Chicago, will interview Bramson; and John Neff, a fellow Chicago-based artist, will speak with Tasset.

Phyllis Bramson

Phyllis Bramson is a painter whose works evoke a fairy-tale world of bright and engaging colors. Often burlesquelike and erotically charged, her images wander between a physical and mental existence that juxtaposes the nonsensical with the profoundly meaningful, mediating between the pleasure, trauma, and difficulty of being. She has recently taken a new direction with the creation of mixed-media scroll paintings.

Robert Berlind has written of her paintings in connection with a recent exhibition: “The combination of sensual allure and downright goofiness in [her] art conveys that slippage between the erotic sublime and the sometimes fumbling awkwardness of sexual desire. While her works are loaded with evocative pleasures for the eye and mind, they are also about beauty, which is to say not merely (however pleasurably) seductive.”1

Bramson received a BFA from the University of Illinois in Urbana and earned an MFA from the School of the Art Institute of Chicago in 1973. She is professor emeritus at the University of Illinois, Chicago, and has been advising graduate students in the MFA Drawing and Painting Program at the School of the Art Institute of Chicago since 2007.

In 2010, a two-person exhibition is planned for Carrie Secrist Gallery in Chicago. The Anitdote (the continued relevance of painting), curated by Bramson and Claire Oliver, will appear at Claire Oliver Gallery in New York, from January 21 to February 20, 2010. (The artist is represented by both Secrist and Oliver, as well as by Philip Slein Gallery in St. Louis, Missouri.)

Tony Tasset

Tony Tasset’s conceptually based, visually engaging art is manifested in a variety of media, including sculpture (using bronze, steel, fiberglass, resin, and more), photography, film, video, and performance. With great humor and pathos, his work engages a wide range of topics, from the historical weight of modernism and postmodernism to the playful tensions of domestic life. Nature mediated through humanity is also expressed in recent sculptural works depicting mudpies, carved pumpkins, snowmen, and colorfully painted stones.

Trained as a painter and sculptor, Tasset received a BFA from the Art Academy of Cincinnati in 1983 and earned an MFA from the School of the Art Institute of Chicago in 1985. Currently a professor of art and design at the University of Illinois, Chicago, he has lived and worked in the city for more than fifteen years.

Solo exhibitions of Tasset’s work have taken place at Kavi Gupta Gallery in Leipzig, Germany (Gupta also represents him in Chicago); Feigen Contemporary in New York; and Christopher Grimes in Los Angeles. His work has been included in several recent traveling group shows, such as Sympathy for the Devil: Art and Rock and Roll since 1967, Into Me/Out of Me, and Situation Comedy: Humor in Recent Art.

Tasset was the recipient of a John Simon Guggenheim Foundation Award in 2006 and has received awards from the Illinois Art Council, the Louis Comfort Tiffany Foundation, and the Southeastern Center for Contemporary Art.

1. Robert Berlind, “Phyllis Bramson at Little John Contemporary,” Art in America 89, no. 5 (May 2001).

Above photos:

Phyllis Bramson, Heat Seekers, 2008, oil and mixed media on canvas, 60 x 60 in. (artwork © Phyllis Bramson; photograph provided by the artist)

Tony Tasset, Snowman, 2008, bronze, resin, polystyrene foam, brass, epoxy, enamel, fiberglass, and galvanized steel, 85 x 48 x 30 in. (artwork © Tony Tasset; photograph provided by Kavi Gupta Gallery)

Filed under: Annual Conference

Google Books Settlement

posted by November 09, 2009

Today is the deadline for a revised settlement agreement to be filed in response to a lawsuit by the Authors Guild and the Association of American Publishers, who are protesting the unauthorized copying of in-copyright books by Google.

CAA has prepared a summary article on the Google Library Book Project to better inform you about the issues at stake; included are a brief description of aspects of the settlement and links to articles and editorials from authors and reporters supporting or criticizing the settlement.

CAA’s constituency includes both creators and users of books. The Committee on Intellectual Property has taken up the matter for consideration and is currently considering what position, if any, to recommend.

GOOGLE BOOK SETTLEMENT

posted by November 09, 2009

With this feature on the Google Book Settlement, CAA hopes to better inform you about the issues at stake, with links to articles and editorials from authors and reporters supporting or criticizing the settlement. CAA’s constituency includes both creators and users of books, and the Committee on Intellectual Property has taken up the matter for consideration and is currently considering what position, if any, to recommend.

For nearly five years, Google has been scanning books, most still under copyright, for its Google Library Book Project. More than ten million books, including many that are out of print, have been scanned since 2004.

Proponents of Google Books, which include authors, researchers, librarians, disability-rights advocates, and more, have been enthusiastic about the possibilities it offers them. However, opponents of the project—other authors, academics, publishers, and organizations such as the Open Book Alliance (which includes Microsoft, Yahoo!, Amazon, and the Internet Archive), as well as foreign governments (Google has been scanning books in languages other than English)—have been equally fierce.

Among other individuals and groups, the Authors Guild and the Association of American Publishers protested the unauthorized copying of in-copyright books by Google. Two suits, one of them a class action, were filed against the internet company in the fall of 2005; a Copyright Class Action Settlement between Google and the author and publisher class representatives was announced in October 2008.

Objections to the settlement and statements of support were filed by September 8, 2009. The US Department of Justice launched an inquiry into the settlement and filed a statement on September 18, raising numerous concerns, including one that the agreement might violate antitrust laws. The settlement is pending before US District Judge Denny Chin, who held a status conference on October 7. At the status conference, the parties announced that they would be filing an amended settlement agreement, and Judge Chin set a November 9 deadline to do so. The parties also announced that the deadline for filing claims to receive cash payments for books that were scanned prior to May 6, 2009, has been extended to June 5, 2010.

The original settlement was complex, and parts of it will likely change during the renegotiations. One important feature was that copyright holders had the responsibility to limit previews of their out-of-print, in-copyright works, that is to say, the author or publisher would have had full rights to tell Google to remove the book if it has already been scanned or to refrain from displaying the contents of that book. Otherwise, Google could have displayed larger previews of books without the copyright holder’s permission. Unless copyright holders opted out of the settlement by September 4, 2009, their works—both in and out of print—that have already been scanned would have been subject to the settlement. As mentioned before, however, these terms may change.

The status of copyrighted images within books scanned by Google is not yet clear. Artists and photographers (except illustrators of children’s books) were excluded from the old settlement. Important questions, which may or may not be addressed in the revision, include: Will copyrighted images be reproduced in volumes available in Google Books? Will the authors or publishers who signed (sometimes limited) reproduction-rights be liable for infringement?

Recent Press and Points of View

Below are summaries of recent articles on Google Books and the settlement, which can give you a better understanding of the issue.

“Depending on one’s perspective, the landmark book-search deal represents either a literary cartel that would lead to higher prices and less competition—or a breakthrough that would make millions of hard-to-find books available to anyone online.” So writes the authors of “Google wants to be world’s librarian,” published in the October 2009 issue of eSchool News. This text is a broad account about the issues at stake and a good place to start for beginners.1

Kenneth Crews of the Copyright Advisory Office (CAO) at Columbia University Libraries/Information Services was present at the October 7 status conference and gives an account on the CAO blog.

Alexis Madrigal, a science writer at Wired.com who is working on a book about the history of green technology, makes an impassioned case for Google Books, without which his study would have been impossible to write. He also cites online sources such as JSTOR, Proquest, arXiv, and of course Google Books as indispensable resources for twenty-first-century research, which save authors and scholars immeasurable time and money. The comments section of his article contains a useful dialogue among Madrigal and his readers; some new ideas, such having an NGO or other “profit-neutral org” take over the stewardship of Google’s initial work, have come forth in the discussion.

Miguel Helft of the New York Times addresses the prehearing issues in “In E-Books, It’s an Army vs. Google,” with a good number of objections about Google becoming too powerful, locking out competitors, and neglecting user privacy. Meanwhile in the same paper, Lewis Hyde address a subissue in the settlement, that of orphan works, whose rights Google could exploit—and profit from—in the absence of copyright holders who come forward to claim their books. “Of more than seven million works scanned by Google so far,” Hyde estimates, “four to five million. appear to be orphaned.” The settlement was “a smart way to untangle the orphan works mess, but it has some serious problems…. [P]arties to the Google settlement are asking the judge to let them be orphan guardians but without any necessary obligation to the public side of the copyright bargain.”

At the Huffington Post, Peter Brantley calls Google’s plans wrong and even dangerous in “Google Books: Right Goal, Wrong Solution.” Even though digitizing millions of books and making them searchable internationally is a laudable goal, “[a]ny settlement these parties reach will necessarily consider their own commercial gain first, trampling public rights in the process.” Congress, he feels, is the place in which the issue should be dealt.

Tim Wu at Slate writes that Google Books is “great for a researcher like me, but as a commercial venture it is almost certainly a perpetual money-loser.” With their stacks of old and unpopular books, brick-and-mortar libraries aren’t generally run for profit, and public utilities like sewer systems aren’t built “without prodding or—dare I say it—a monopoly of some kind.” Scanning books isn’t a profitable enterprise, he notes. (Even eSchool News reports that years ago Microsoft scrapped plans for a book-scanning project years ago due to unprofitability.) Wu does concede that the settlement “isn’t perfect and needs to be better to serve the public.”

November 9 Update

In addition to his own post from last week about his thoughts on the pending revision to the Google Books settlement, Kenneth Crews of the Copyright Advisory Office at Columbia University provides links to two recently published articles in the November issue of the Economist’s Voice:

Matthew Sag of DePaul University’s College of Law has recently published a substantial essay on the settlement, “The Google Book Settlement and the Fair Use Counterfactual,” which is available for download on the Social Science Research Network.

Using Google Books

According to Google, pages from books scanned without permission are not currently displayed in Google Books. However, the company is presenting preview pages from some titles through the Google Partner Program, which is not part of this settlement. The Partner Program scans only books that are approved by their copyright holders. (Of course, public-domain books are available in their entirety.) If you believe Google is displaying pages from your book without your permission, you should contact your agent, publisher, or Google directly.

Note

1. Reprinted with permission (http://www.eschoolnews.com; info@eschoolnews.com). © 2009 eSchool News, all rights reserved.

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