CAA News Today
CAA Advocacy for Artists, Art Historians, and Art Museums
posted by Christopher Howard — May 23, 2011
CAA is the principal national and international voice of the academic and professional community in the visual arts; the organization was founded on the principle of advocating the visual arts and actively continues that engagement today (see The Eye, The Hand, The Mind: 100 Years of the College Art Association, edited by Susan Ball). The principal goal of CAA advocacy is to address issues of critical importance in the visual arts that benefit artists, art historians, and museum workers and to inform the public.
CAA specifically advocates change and improvements in these areas:
- Government funding for the arts and humanities
- Freedom of expression and against censorship
- Intellectual-property rights
- Preservation of the artistic integrity of public spaces
- Higher education and technologies to facilitate distance learning
- Philanthropy for the arts and humanities
- Tax policy as it applies to CAA members
- Conditions in universities, museums, and other workplace environments of CAA members
CAA cosponsors and regularly sends representatives to the annual Arts, Humanities, and Museum Advocacy Days in Washington, DC. Email petitions are requested of CAA members throughout the year when legislation is being considered in Congress related to specific issues. This year’s advocacy message to Capitol Hill focused on maintaining the funding levels of the National Endowment for the Arts and the National Endowment for the Humanities.
Recent issues related to freedom of expression and censorship on which CAA has taken a public position include:
- Incarceration of the Chinese artist Ai Weiwei
- Removal of David Wojnarowicz’s video from the Hide/Seek exhibition at the National Portrait Gallery
- Proposed removal of the John T. Biggers mural at Texas Southern University
- Removal of the Department of Labor mural in Augusta, Maine
- Adrian Piper’s placement on the Transportation Security Administration Watch List
- Supreme Court amicus brief in support of petition for review regarding artists whose vehicular artwork was removed by the City of San Marcos, Texas
- Supreme Court amicus brief asserting the unconstitutionality of a federal law criminalizing the depiction of animal cruelty in United States v. Stevens
In addition, CAA has been involved in intellectual-property rights, as described below.
Orphan Works
CAA participated actively in US Copyright Office proceedings to study orphan works and, thereafter, actively supported legislation—yet to be passed by Congress—that would require users to conduct work-by-work, due-diligence searches to identify and find the copyright holder. If that search failed to identify or find the copyright holder, the work could be used without the threat of injunctive relief or statutory damages. If the copyright holder emerges after the work has been researched and used, he or she could still sue the user for copyright infringement, but a losing defendant would only be required to pay the normal license fee; the proposed legislation includes a safe harbor for museums that removed works expeditiously. It is unclear if any orphan-works legislation will be reintroduced in this or subsequent Congresses. After the March 2011 decision of Judge Denny Chin of the US Court of Appeals Second Circuit rejecting the settlement of the Google Books litigation, CAA’s counsel was approached by Public Knowledge (“a D.C. public interest group working to defend citizen’s rights in the emerging digital culture”) asking if CAA remained interested in orphan-works legislation and, if so, to sign a letter to Congress requesting that orphan-works legislation be reintroduced.
Cost for Reproducing Images of Artwork in Museum Collections
In recent member surveys, one of the most critical issues articulated was the high cost of reproduction rights of works in museum collections that are not under copyright. CAA has requested formal attention to this issue from the Association of Art Museum Directors.
Fair Use
CAA’s Committee on Intellectual Property, chaired by Doralyn Pines and Christine Sundt, is reviewing and proposing revisions to the Intellectual Property in the Arts section of the CAA website. The committee will also review a draft set of fair-use guidelines being prepared by the Art Law Committee of the New York Bar Association and the Visual Resources Association; after such review, the CAA Board of Directors may be asked to endorse the updated guidelines.
Extension of Copyright Term
CAA signed a Supreme Court amicus brief regarding the retroactive application of the extension of copyright term in Eldred v. Ashcroft. The Copyright Term Extension Act of 1998 was challenged with the original complaint filed on January 11, 1999. CAA was an amicus when the case was brought to the Supreme Court, which held on January 15, 2003, that the Copyright Term Extension Act of 1998 was constitutional (see the March 2003 CAA News).
Artist-Museum Partnership Act
CAA actively supports the Artist-Museum Partnership Act, which establishes fair-market-value tax deductions for works given by artists instead of the current limitation to cost of materials. Information on the progress of the Artist-Museum Partnership Act is published in the weekly CAA News email, posted in the Advocacy section of the website, and communicated to the Services to Artists Committee. If and when a bill is subject to a vote in Congress, CAA will urge all members, affiliated societies, and committees to contact their representatives.
Coalition on the Academic Workforce
CAA is a member of the Coalition on the Academic Workforce, which recently prepared a survey of contingent faculty. Over 30,000 individuals completed the questionnaire—many were CAA members—and the results will be tabulated this spring. Information on all aspect of working conditions is included in this survey and will assist in informing future standards and practices. CAA’s Professional Practices Committee and Education Committee are kept informed of the survey and its tabulation and will analyze the results and determine action to take that will benefit CAA members. Contingent faculty is currently responsible for 76 percent of teachers in American colleges and universities. CAA supports equitable hiring, representation, and benefits for this growing segment of the faculty.
How It Works
How does advocacy work at CAA? CAA both monitors advocacy issues and is approached by universities, colleges, organizations, and individuals who raise issues via CAA’s counsel, officers and members of the board, executive director, deputy director, affiliated societies, or other partner organizations such as the National Coalition Against Censorship, the Association of Art Museum Directors, or the associations of the American Council of Learned Societies. If an issue warrants action and is consistent with the advocacy policy, CAA will prepare a response. Depending on the importance and complexity of the issue, CAA will prepare an email, letter of support, or statement; cosign a letter with other organizations; or, in exceptional circumstances when legal action is required, prepare an amicus brief or support proposed legislation. All advocacy issues brought to CAA’s attention are reviewed by the counsel and the executive director. Consistent with the organization’s Advocacy Policy, the Executive Committee and, if necessary, partner organizations also review the issues. Important matters where legal action is involved will be brought to the board.
At the February 2011 board meeting, Andrea Kirsh, then vice president for external affairs, volunteered to work as CAA’s advocacy coordinator. She has since actively assisted in carrying out research and drafting letters and statements. CAA members who would like to be informed of the organization’s advocacy efforts—and spread the word—can send an email to nyoffice@collegeart.org.
Letter to Art Schools and Departments about Orphan Works
posted by Christopher Howard — May 18, 2011
During summer 2010, Linda Downs, CAA executive director, and Andrea Kirsh, then vice president of external affairs, visited more than a dozen deans and chairs of art and art-history departments in New York and Philadelphia to better understand the needs of their students and faculty. One topic that arose among studio artists was CAA’s stance on orphan works, which some perceived as not protecting artists. Downs explained that CAA was indeed aware of balancing the interests of artists and art historians. Following this, the Board of Directors thought that all studio departments should understand CAA’s position and has thus sent the following letter to them.
Dear Colleagues
This letter is intended to address concerns about CAA’s advocacy on behalf of orphan-works legislation. An orphan work is any copyrighted work—book or other text, picture, music, recording, film, etc.—for which the copyright owner cannot be identified or located. Everyone recognizes that there is an orphan-works problem. The inability to clear rights for orphan works often precludes their use, by scholars, publishers, students, and creators. The US Copyright Office documented the considerable extent of this problem, and the CAA submitted comments to the Copyright Office describing the adverse effect of the orphan-works problem on artistic creation and scholarship.
The Copyright Office recommended legislation that would amend copyright law to allow orphan works to be used without an undue risk of suit to the user—of statutory damages or an injunction—assuming that the user conducted a diligent search for the copyright owner and properly attributed the work as an orphan work. That has been the basis of the legislative proposal seriously considered by Congress. CAA has only supported those proposals which are appropriately balanced. Should the copyright owner pursue and prevail in an action for infringement against a user, the legislation requires appropriate compensation for use of the work.
In advocating for orphan-works legislation, CAA has taken full account of the concerns of artists, designers, and photographers that such legislation, if enacted, would allow bad-actor copyright infringers to avoid statutory damages or injunctive relief.
The legislation supported by CAA would require users to conduct diligent searches, with the parameters of such a search elaborated in the legislation itself, to identify and locate copyright owners as a precondition of having such works become eligible for orphan-works treatment. The last legislative proposals, supported by CAA, are detailed and meaningful, but they also are not inappropriately or unduly burdensome. They include searches of Copyright Office records and the use of other appropriate databases and other resources. In any litigation, the burden would be placed on the users to demonstrate that their searches complied with the requirements of the law.
CAA is aware of fears that artists whose works cannot easily be signed, or have other identifying information attached to them, that are “born orphan” because they never are associated with identifying information, or that can easily be stripped of identifying information and be made available on the internet, are or might readily become orphaned. Concerns have been expressed that such works could be used unfairly and unscrupulously, without appropriate compensation and attribution. Other concerns have been raised that users might prefer to use works that appear to be orphaned (and avoid having to pay for them) in lieu of engaging creative artists to create new works.
CAA is not unmindful of these concerns. CAA encourages artists to consider the advantages of registering their works with the US Copyright Office (www.copyright.gov/eco/). A diligent search under orphan-works legislation would include the office’s records.
For CAA’s statement on orphan works, please refer to www.collegeart.org/publications/ow. If you have further concerns about the implications of orphan-works legislation, we would be happy to discuss them.
Sincerely,
Barbara Nesin, MFA
President, College Art Association
Humanities Action Alert: Update on House and Senate Dear Colleague Letters
posted by CAA — April 15, 2011
Jessica Jones Irons, executive director of the National Humanities Alliance (NHA), emailed the following Humanities Action Alert on April 15, 2011. Founded in 1981, NHA is a nonprofit organization that works to advance national humanities policy in the areas of research, education, preservation, and public programs.
House and Senate Dear Colleague Letters
As you know, Congress just passed a final, compromise bill on funding for the current fiscal year (FY 2011). Along with cuts to most federal agencies and accounts, there are significant reductions in spending for critical humanities programs. NEH funding was cut by approximately $12.5 million (7.5%), with a final level for FY 2011 of $154.69 million (including a .2% across-the-board rescission). Far more drastic cuts were made to two critical Department of Education accounts: Title VI/Fulbright Hays International Education Programs (cut by $50 million—about 40%), and Teaching American History grants (cut by $73 million—about 61%). We will continue to post updates to the NHA website on efforts to restore funding to these and other programs.
In the meantime, ongoing advocacy efforts for FY 2012 humanities funding continue. Last Friday we let you know about two Dear Colleague letters circulating in the House and Senate in support of the humanities. If you have not done so already, please take a few minutes to contact your Members of Congress and ask them to sign the NEH dear colleague.
The deadline for Representatives to indicate their interest in signing the House letter, sponsored by Rep. David Price (D-NC), is today (April 15). The deadline for Senators to sign the Senate letter, sponsored by Senator Tom Udall (D-NM), is April 25.
The Alliance has set up template messages for you to customize. Click here to send a message to your Representative. Click here to send a message to your Senators. If you would prefer to call the offices directly, you can do so through the Capitol Switchboard at (202) 224-3121.
Updated lists of signers are available here.
Sincerely,
Jessica Irons
Executive Director
National Humanities Alliance
Ask Your Congressional Representatives to Sign a Dear Colleague Letter Supporting the NEH
posted by CAA — April 11, 2011
Jessica Jones Irons, executive director of the National Humanities Alliance (NHA), emailed the following Humanities Action Alert on April 8, 2011. Founded in 1981, NHA is a nonprofit organization that works to advance national humanities policy in the areas of research, education, preservation, and public programs.
House and Senate Dear Colleague Letters
Please help support the humanities by taking a few minutes to write your Members of Congress and ask them to sign a Dear Colleague letter regarding FY 2012 funding for the National Endowment for the Humanities. As you may know, President Obama’s FY 2012 Budget proposes $146.3 million in funding for NEH—more than $21 million in cuts to the agency. Although funding for FY 2011 (the current fiscal year) still remains uncertain today, the FY 2012 appropriations process is in full swing, and we must continue our advocacy efforts for the next fiscal year.
House Dear Colleague Letter
Representative David Price (D-NC) is currently circulating a Dear Colleague letter in support of the National Endowment for the Humanities (NEH). The letter, addressed to the Chair and Ranking Member of the House Appropriations Subcommittee, requests $167.5 million in FY 2012 funding for the NEH. This is the same level of funding the agency received in FY 2010. A copy of the letter is available here. Please ask your Representative to sign on to this letter. Click here to send an email today. The Alliance has set up a template message for you to customize for your Representative.
Senate Dear Colleague Letter
Senator Tom Udall (D-NM) is currently circulating a Dear Colleague letter in support of the National Endowment for the Humanities (NEH) and the National Endowment for the Arts (NEA). The letter, addressed to leaders on the Senate Appropriations Committee and Subcommittee, requests $167.5 million in FY 2012 funding for the NEH and the NEA. This is the same level of funding both agencies received in FY 2010. A copy of the letter is available here. Please ask your Senators to sign on to this letter. Click here to send an email today. The Alliance has set up a template message for you to customize for your Senators.
Thank you for your assistance on this important issue. The signatures on these letters will provide an important record of support for federal humanities funding in both the House and the Senate.
Sincerely,
Jessica Jones Irons
Executive Director
National Humanities Alliance
CAA Letter Regarding the Chinese Artist Ai Weiwei
posted by Christopher Howard — April 08, 2011
CAA sent the following letter regarding the Chinese artist Ai Weiwei to the editor of the New York Times on Friday, April 8, 2011. Read more about the international art community’s response at CultureGrrl.
Letter to the Editor
To the Editor:
The College Art Association, the world’s largest organization of visual arts professionals, is extremely concerned about the fate of Ai Weiwei since he was taken into police custody when attempting to board a plane to Hong Kong on April 3rd. He has not been accused of specific crimes.
We are deeply alarmed that Ai would be subject to such extreme methods of repression because of his unfettered work and outspokenness. Ai’s work has garnered international accolades, recognized as an indication of the vitality of the visual arts in China. He is well known in art circles in New York, where he lived for a number of years, and his choice to return to Beijing was seen as part of the renewal of the arts in China.
The College Art Association supports freedom of expression for all artists and looks forward to Ai’s prompt release.
Sincerely,
Barbara Nesin, MFA
President, College Art Association
CAA’s Positions for Arts Advocacy Day
posted by Christopher Howard — March 29, 2011
At Arts Advocacy Day 2011, CAA representatives from five states—Connecticut, Georgia, Pennsylvania, New York and Texas—will meet congressional staff to advocate for the visual arts in higher education. Organized by Americans for the Arts, of which CAA is a member institution, the annual event will take place April 4–5, 2011, in Washington, DC. CAA delegates will address the following issues of critical importance and invite you to register and get involved.
As the leading association in the world that represents professional visual-arts practitioners, CAA endorses government support of creativity and innovation that has made this country great.
CAA seeks support for artists and art historians who work in colleges, universities, and art museums, as well as for independent artists and scholars. The federal government must support professionals in the visual arts like it does for practitioners and scholars in other arts, such as dance and music. The professional practice, study, and teaching of the visual arts deserve further support because of the power these disciplines have to educate, inspire, and stimulate independent thinking.
CAA also believes that public and private partnerships should expand not only between schools and communities but also among the academic community in colleges, universities, and art schools.
CAA fully endorses the creation of an art corps comprising professionally educated artists and art historians who will work with students in urban schools on community-based projects, raising an awareness of the importance of creativity and professional artists. CAA also encourages government-sponsored projects such as Americorps and Vista to emphasize the visual arts. Young artists are eager to work on environmental programs that involve community-organized design projects such as, for example, mine-reclamation endeavors in which community recreation centers are established near cleaning pools for toxic mine runoff to help redevelopment the land.
CAA would like to emphasize that, in order to champion publicly the importance of arts education, America must support the preparation of artists and art historians who teach on a primary, secondary, and college/university level. The visual arts are integral to core curricula in each grade and at every stage of education.
CAA fully supports increased funding for the National Endowment for the Arts, the National Endowment for the Humanities, and the Institute for Library and Museum Services. Specifically, professional artists must supported on individual bases. CAA strongly recommends that the NEA reinstate Individual Artist Fellowships, so that visual artists can pursue and develop their work. Similar grants in other areas of the arts and humanities far exceed federal and private foundation grants to professional visual artists, who are often forced to abandon their own work to support themselves and their families. Professional artists desperately need government support.
CAA supports legislation to change tax laws for artists. The organization has worked hard—and will continue to work hard—to support the Artist-Museum Partnership Act, first introduced by Senator Patrick Leahy (D-VT) in 2005. The proposed act would amend the Internal Revenue Code to allow artists to deduct the fair market value of their work, rather than just the costs of materials, when they make charitable contributions. Not only has the current tax laws been harmful to artists, the creative legacy of a whole generation of American visual artists has been lost.
In addition, CAA supports legislation that would allow scholars to publish so-called orphan works, which are copyrighted works—such as books, pictures, music, recordings, or films—whose copyright owners cannot be identified or located. The House of Representatives and Senate has previously introduced orphan-works bills, and CAA hopes Congress will pass one in the coming session. The lack of clear laws and procedures regarding the issue has prevented many art historians from publishing orphan works, causing a great detriment to scholarly publishing and research.
CAA supports cultural diplomacy by enhancing international opportunities, through agencies such as the United States Information Agency, for professional visual artists and art historians to exhibit, teach, research, and lecture. CAA’s international membership testifies to the promotion of cultural understanding that occurs through international cultural exchange. Every year CAA seeks funding to support the travel of international art historians and artists to our Annual Conference. Current Homeland Security laws and a lack of government funding make it difficult for foreign art historians and artists to present their work and research at conferences, symposia, and exhibitions. CAA endorses streamlining the visa process and providing government support for international exchanges of graduate students and professional artists and art historians.
CAA supports providing healthcare to independent artists and scholars—a major concern for those professionals who are not associated with a college, university, or art museum and who attempt to work on their own to support themselves. Each state creates its own health-insurance legislation, and thus differences in laws regulating insurance companies prohibit professional organizations such as CAA from offering national healthcare coverage.
Rutgers University Hosts a Conference on “Hide/Seek: Museums, Ethics, and the Press”
posted by CAA — March 24, 2011
The Institute of Museum Ethics at Seton Hall and the Institute of Ethical Leadership at Rutgers Business School will hold “Hide/Seek: Museums, Ethics, and the Press,” a public conversation about current ethical challenges in the field, on Saturday, April 9, 2011. Registration begins at 9:30 AM, and the conference takes place 10:00 AM–4:00 PM. Lunch will be served.
Participants will examine the controversy surrounding the recent National Portrait Gallery exhibition Hide/Seek: Difference and Desire in American Portraiture, highlighting the ethical issues involved, discussing the role of print and electronic media and other instances where museums’ ethical practices are interrogated, and exploring related issues such as artists’ rights.
Rutgers University in Newark is the host: 190 University Ave, Newark, NJ. Registration is free, but space is limited. Visit the conference website for more details and to register.
Commission on the Humanities and Social Sciences Established in Response to Congress
posted by CAA — March 23, 2011
Last month the American Academy of Arts and Sciences announced the creation of the Commission on the Humanities and Social Sciences, a national group dedicated to bolstering teaching and research in the humanities and social sciences—fields that are critical to culture, education, and America’s economic competitiveness.
Leading the commission are two cochairs: Richard H. Brodhead, president of Duke University, and John W. Rowe, chairman and chief executive officer of Exelon Corporation. The group also includes prominent Americans from the humanities, the social sciences, the physical and life sciences, business, law, philanthropy, the arts, and the media, including Chuck Close, George Lucas, Emmylou Harris, Billie Tsien, and John Lithgow. Other representatives come from the Institute for Advanced Study, Lockheed Martin, the Association of American Universities, the J. Paul Getty Trust, the American Council of Learned Societies, TIAA-CREF, and Adobe Systems, among others. Many commission members serve as presidents of universities and colleges nationwide.
The commission formed in response to a bipartisan request from the United States government. Senators Lamar Alexander (R-Tennessee) and Mark Warner (D-Virginia) and Representatives Tom Petri (R-Wisconsin) and David Price (D-North Carolina) gave the following charge:
What are the top ten actions that Congress, state governments, universities, foundations, educators, individual benefactors, and others should take now to maintain national excellence in humanities and social scientific scholarship and education, and to achieve long-term national goals for our intellectual and economic well-being; for a stronger, more vibrant civil society; and for the success of cultural diplomacy in the twenty-first century?
The commission’s findings will serve as a companion to a forthcoming report of the National Academies on the future of the research university and on ways to strengthen the American scientific enterprise. The group will draw on past research efforts, data from the Humanities Indicators, and the experience and expertise of a multidisciplinary group of national leaders to recommend specific, actionable steps to maintain the nation’s excellence in the humanities and the social sciences. The commission expects to complete its work over the next eighteen to twenty-four months.
For more information on the Commission on the Humanities and Social Sciences, please read the National Humanities Center press release.
Philanthropic Response to the Earthquake and Tsunami in Japan
posted by CAA — March 22, 2011
The Foundation Center is actively collecting and disseminating information about the philanthropic response to the devastating earthquake and tsunami in Japan. You can view this information via an RSS feed. If your organization has made—or is planning to make—any relief funding for the disaster, please take a moment to send your grant data (including specified recipients, their location, a description of the grant, and the amount of funding provided) to Japancrisis@foundationcenter.org. The center will post this information to the RSS feed to help show the public the scope and impact of the philanthropic community’s response.
The Modern Art Iraq Archive Offers New Hope for Lost Works of Modern Art from Iraq
posted by Christopher Howard — March 04, 2011
The newly created Modern Art Iraq Archive (MAIA) is part of a long-term effort to document and preserve the modern artistic works from the Iraqi Museum of Modern Art in Baghdad, most of which were lost and damaged in the fires and looting during the aftermath of the invasion of Iraq by the United States in 2003. As the site shows, little is known about many works, including their current whereabouts and their original location in the museum. The lack of documents about modern Iraqi art prompted the growth of the project to include supporting text. The site makes the works of art available as an open-access database in order to raise public awareness of the many lost works and to encourage interested individuals help document the museum’s original and/or lost holdings.
The MAIA site is the culmination of seven years of work by its project director, Nada Shabout, professor of art history and director of the Contemporary Arab and Muslim Cultural Studies Institute at the University of North Texas in Denton. Since 2003, Shabout has been collecting information on the lost works through intensive research, interviews with artists, museum personnel, and art-gallery owners. Shabout received two fellowships from the American Academic Research Institute in Iraq, in 2006 and 2007, to conduct the first phase of data collection. In 2009, she teamed with colleagues at the Alexandria Archive Institute, a California-based nonprofit organization dedicated to opening global cultural heritage for research, education, and creative works. The team won a Digital Humanities Start-Up Grant from the National Endowment for the Humanities to create a comprehensive archive of works once housed in museum’s galleries. These significant national treasures are displayed in an format that invites worldwide use, including the Iraqi national and expatriate communities. Users are encouraged to help identify and further document individual pieces.
MAIA aims to map the development of modern art in Iraq during the twentieth century and be a research tool to scholars, students, authorities, and the general public. It also strives to raise awareness of the rich modern heritage of Iraq. Furthermore, the creation of an authoritative, public inventory of the collection will not only act as a reminder of its cultural value and thus hopefully hasten its return, but it will also help combat smuggling and black-market dealings of the works.