CAA News Today
Fractional Gifts Legislation Introduced in the Senate
posted by Christopher Howard — August 10, 2009
An untitled bill introduced last week in the US Senate may loosen recent government restrictions on fractional gifts of works of art to museums, reports Shelly Banjo of the Wall Street Journal. Senator Charles Schumer (D-NY), whose state contains many important art museums, patrons, and philanthropists, is sponsoring S 1605, which would reform the rules regulating fractional charitable donations of tangible personal property.
Fractional gifts—which allow Americans to give partial ownership rights of an artwork to a museum or charitable organization and take an income-tax deduction for the donated portion of its value—were common practice in the museum world until 2006, when provisions put into the Pension Protection Act of 2006 by Senator Charles E. Grassley (R-IA) made partial gifts less attractive for donors. (Namely, that work must be fully donated within ten years of the initial fractional gift, and that the value of the artwork is capped when the first gift is made.) Since then, museums noticed that the practice of fractional gifts has nearly disappeared.
Here’s more background information on fractional gifts in the New York Times in 2006 and 2008.
Rocco Landesman Is New NEA Chairman
posted by Christopher Howard — August 10, 2009
On Friday, August 7, 2009, the US Senate confirmed Rocco Landesman, a Broadway theater producer, as the tenth chairman of the National Endowment for the Arts (NEA). Nominated by President Barack Obama, Landesman succeeds Dana Gioia, who resigned in January 2009. Patrice Walker Powell, the NEA’s deputy chairman for state, regions, and local arts agencies, had served as acting chairman in the interim.
Upon his confirmation Landesman said, “I am honored to receive the Senate’s vote of confirmation. I look forward to serving the nation as Chairman of the National Endowment for the Arts. I believe this is an auspicious time for the NEA and the country. Art is essential to the civic, economic, and cultural vitality of our nation. It reflects who we are and what we stand for—freedom of expression, imagination, and vision. I am eager to work with our many partners to bring quality arts programs to neighborhoods and communities across the country.”
Born and raised in St. Louis, Missouri, Landesman pursued his undergraduate education at Colby College and the University of Wisconsin, Madison, and earned a doctorate in dramatic literature at the Yale School of Drama. At the completion of his course work, he stayed at the school for four years, working as an assistant professor.
His ensuing career has been a hybrid of commercial, philanthropic, and artistic engagements. In 1977, he left Yale to start a private investment fund, which he ran until his appointment in 1987 as president of Jujamcyn, a company that owns and operates five Broadway theaters. Before and after joining Jujamcyn, Landesman produced Broadway shows, the most notable of which are Big River (1985 Tony for best musical), Angels in America, and The Producers (2001 Tony for best musical). In 2005, he bought Jujamcyn and managed it until President Obama announced his intention to nominate him to the NEA chairmanship.
Landesman has also been active on numerous boards, including the Municipal Arts Society; an advocacy organization concerned with New York City’s public spaces and preservation; the Times Square Alliance, which has radically changed the heart of the city by improving its safety, sanitation, and aesthetic; and the Educational Foundation of America. Over the years, he returned to the Yale School of Drama and Yale Rep to teach.
Photo: Michael Eastman.
CAA Signs Anticensorship Amicus Brief for US v. Stevens
posted by Christopher Howard — July 28, 2009
US v. Robert Stevens involves a section of a federal statute (18 U.S.C. § 48) that makes it a crime to own, possess, or display depictions of animal cruelty if the acts portrayed are illegal in the state where someone owns, possesses, or sells them—even if the acts portrayed weren’t illegal when or where they were performed. The actual case involves a man who was convicted under the statute for a video about pit bulls that contained footage of dogfights in places where they were legal—not to promote dog fighting but to describe how the dogs have been/are used. The conviction was reversed on appeal on the ground that the prohibition on the depiction alone violates the First Amendment, and the Supreme Court has agreed to hear the case. It is important to emphasize, though, that cruelty to animals itself is illegal in most states, and CAA is not advocating for the repeal of those laws—just the law that bans any depiction of animal cruelty.
CAA has signed an amicus curiae brief prepared by the National Coalition Against Censorship that will discuss the implications for free expression, focusing on some well-known art situations, such as Adel Abdessemed’s cancelled show at San Francisco Art Institute, Wim Delvoye’s tattooed pigs, and Hermann Nitsch’s performances. Whatever the ethical issues such work raises, we claim that pure expression—as opposed to actual acts of animal cruelty—should not be subject to criminal penalties, and that the government’s argument in favor of criminalizing speech if its “social cost” outweighs its “value” is so far-reaching that it would chill all kinds of protected expression and exhibition.
This case is relevant to not only artists but also art-history professors, as they may want to teach about ethical issues in art, including the treatment of animals in bioart, etc. The law as it stands might chill their ability to show such work.
CAA Statement
The College Art Association joins the National Coalition Against Censorship in urging the Supreme Court to uphold the decision of the United States Court of Appeals for the Third Circuit in striking down Section 48 as unconstitutional. Section 48 is unconstitutional because it could deter and punish the production, distribution, and even the simple possession of constitutionally protected speech. If the decision is reversed, not only will some lawful expression depicting animals being killed or injured be subject to criminal sanction, but the ramifications are also far-reaching: Congress and the states could outlaw the creation and possession of artworks that depict certain types of conduct simply on the basis that the conduct itself is illegal.
This would chill a wide range of expression, including, potentially, art that depicts such criminal activities as terrorist acts, drug use, and certain types of sexual behavior. Although CAA does not condone cruelty to animals or any other sort of unlawful conduct, CAA has long and firmly opposed artistic and scholarly censorship of all kinds.
Paul B. Jaskot, President, College Art Association
Professor, Department of Art and Art History, DePaul University
Linda Downs, Executive Director, College Art Association
Roundup of Legal Issues in Art and Academia
posted by Christopher Howard — July 22, 2009
CAA rounds up several legal issues related to the art and academic worlds.
US Ban on Muslim Scholar
Last week the US Court of Appeals for the Second Circuit reversed a lower court’s decision regarding Tariq Ramadan, a Swiss Muslim professor who was not allowed into the country to teach at the University of Notre Dame. The State Department revoked Ramadan’s visa in 2004 via the USA Patriot Act and then denied another one two years later because he contributed to a charity that was allegedly supporting Hamas, a Palestinian group that is a terrorist group in the eyes of the American government. Ramadan may now be able to dispute this claim, which could reinstate his visa status.
Three groups—the American Academy of Religion, the American Association of University Professors, and PEN American Center—worked with the American Civil Liberties Union on the case. The New York Times has the story on the recent ruling.
Shepard Fairey’s Obama Poster
The photographer whose image was used in Shepard Fairey’s iconic poster of Barack Obama argues that the Associated Press, who is suing Fairey for copyright infringement, does not actually possess the photograph’s copyright. Erik Larsen at Bloomberg has more details.
National Gallery and Digital Images
The National Portrait Gallery in London is threatening a lawsuit against Derrick Coetzee, a Seattle man who downloaded thousands of high-resolution images from the museum’s website and posted many on Wikipedia. In the US, photographs of two-dimensional works of art are not protected by copyright because the photographs lack originality (per Bridgeman Art Library v. Corel Corp from 1999). In the UK, however, there is not a similar legal precedent. The Independent and the Guardian have reported on the developing story.
2009 Member Survey Results
posted by Michael Fahlund — July 16, 2009
As part of information-gathering pursuant to the preparation of CAA’s 2010–2015 Strategic Plan, a 2009 member survey was developed, coordinated, and carried out by a team under the leadership of Elizabeth Knapp, vice president in the Research Division of the marketing firm Leo Burnett Worldwide, to determine member preferences, awareness of CAA publications and programs, and motivations for joining and renewing membership.
In total, 1,451 CAA members responded to the online survey, a response rate of 11 percent (which is within an acceptable range for statistical analysis). The final sample was then weighted to accurately reflect the total CAA membership based on membership type. The results are an enlightening view into CAA members’ views and opinions, revealing important strengths but also giving direction to how the organization can use the next strategic plan to improve its programs and services.
Demographically speaking, CAA members are more likely to be female (70 percent), within the age range of 35–49 (34 percent), Caucasian (87 percent), and in academic settings (73 percent), and to have ten years or more of professional experience (48 percent).
The top three reasons individuals gave for joining CAA and renewing their memberships were for job postings (69 percent), networking (54 percent), and debate in the visual arts (50 percent).
CAA is perceived as most relevant to art historians (78 percent agree). From artist members, enthusiasm for ARTspace at the Annual Conference was one of the higher-ranking areas of interest (61 percent). CAA is viewed as a well-known organization among peers (75 percent agree) and a well-run organization (51 percent agree). Members who responded to the question about CAA’s roles believe the most important are advocacy for artists, art historians, and university art museums (24 percent), a conference provider (21 percent), and a leader of creative and intellectual discourse (17 percent). The most common contact points between members and CAA are through publications and emails. The Art Bulletin has the strongest reputation among members (64 percent). The most used features of the CAA website are membership renewal (76 percent), conference registration (70 percent), and CAA News (60 percent). At least half the members also visit the CAA website regularly. A near majority of members (45 percent) have interest in social networking through CAA.
The CAA Annual Conference is perceived as important for networking (68 percent) and career development (62 percent), an opportunity for intellectual exchange about the visual arts (58 percent), and relevant to professional development (53 percent). At the conference, members mostly likely attend sessions (76 percent), the Book and Trade Fair (65 percent), and, as noted above, ARTspace (61 percent). The most popular conference topics are criticism and theory (33 percent) and contemporary art history (31 percent).
The most popular publication topics for the future are curriculum development for teaching studio and art-history courses; legal and copyright issues in publishing; career-development strategies; and standards and guidelines in the visual arts in academia. Members agree that digital publications are valuable because they can be searched online (76 percent), are environmentally friendly (71 percent), can expand readership and distribution (59 percent), and can include dynamic content (56 percent). Members are undecided on the future of digital publications, but 49 percent of respondents do not favor online, non–peer reviewed publications.
CAA continues to advocate on issues of importance to members and to the visual arts. Among these, members feel that full-time vs. adjunct status is most important (50 percent), followed by intellectual-property issues (38 percent) and salary equity (39 percent).
In efforts to increase its visibility and recognition for the programs and services it provides, CAA is eager to know how members react to or view its name. While some members felt that the name “College Art Association” or “CAA” is not descriptive of what the organization does, or that it does not fit the mission, 65 percent believe that the name is understood in the field of visual arts. Name recognition and identity will be assessed as part of CAA’s communications activities in the strategic plan.
Other directions gathered from this survey that will be addressed in the strategic plan are to: 1) increase programming and publications for artists; 2) attract more young professionals; 3) increase the diversity of members; 4) increase career-development sessions at the conference; 5) increase interactive communications; 6) develop practical peer-reviewed publications; and 7) continue working on advocacy issues, particularly related to adjunct faculty.
CAA thanks its members for participating in this recent survey. Comments and responses have been extremely helpful and are being used to guide changes and improvements in the organization’s services.
CAA Receives a Second NEA Grant
posted by Christopher Howard — July 09, 2009
In addition to yesterday’s grant announcement, CAA is proud to report a second grant received from the National Endowment for the Arts (NEA). As part of the Access to Artistic Excellence program, the NEA awarded $20,000 to CAA in May 2009 to support ARTspace at the 2010 Annual Conference in Chicago. Designed to engage artist members, ARTspace sessions are offered free of charge and include live interviews with prominent artists; film, video, and multimedia screenings; performances; and presentations.
The NEA website has posted a list of all recipients of the Access to Artistic Excellence grant in the category of visual arts.
NEA Awards Stimulus Grant to CAA
posted by Christopher Howard — July 08, 2009
The National Endowment for the Arts (NEA) has awarded $50,000 to CAA as part of the American Recovery and Reinvestment Act. The grant will support the preservation of jobs that are threatened by declines in philanthropic and other support during the current economic downturn.
CAA was among 631 nonprofit organizations, including numerous art museums and organizations nationwide, that received a total of nearly $29.8 million. To read the full list of grantees, please visit the NEA website.
Passed by Congress and signed by President Barack Obama in February 2009, the American Recovery and Reinvestment Act is a $787 billion stimulus bill that provided $50 million to the NEA for distribution to arts groups.
Oregon Passes Bill Supporting Part-Time Professors
posted by Christopher Howard — July 06, 2009
Part-time faculty in the state of Oregon scored a victory late last month, when their state legislature overwhelmingly approved the Oregon Faculty and College Excellence (FACE) Act. The bill will provide access to healthcare insurance to part-time faculty at community colleges and universities through the Oregon Educator’s Benefit Board plan. The bill also requires schools to track and annually report on faculty staffing and salary ratios, to be reviewed by the legislature and governor.
The Senate vote was unanimous: 30-0; the House passed the bill 54 to 1. The FACE Act now goes to Oregon Governor Ted Kulongoski for his signature. Jillian Smith and Rob Wagner from AFT Oregon have the complete story.
Faculty and College Excellence (FACE), a branch of the American Federation of Teachers, is a national campaign that advocates for equity in pay and benefits for contingent faculty members through organizing, legislative advocacy, and collective bargaining. Another goal is to ensure that three-quarters of undergraduate courses are taught by full-time tenure and tenure-track faculty, and that qualified contingent faculty have the opportunity to move into such positions when they become available. The Oregon legislation is the first time that elements of FACE have been adopted by a state.
CAA has 135 individual and 21 institutional members in Oregon.
House Approves NEA and NEH Budgets
posted by Christopher Howard — June 30, 2009
On June 26, 2009, the US House of Representatives voted to approve HR 2996, a Department of the Interior, Environment, and Related Agencies bill that included significant increases for the budgets of the National Endowment for the Arts (NEA) and the National Endowment for the Humanities (NEH).
Both federal agencies should receive $170 million each for fiscal year 2010, a 9.7 percent increase from their current $155 million allotment. The vote was 254 to 173 in favor of the bill, with six not voting. Included in the bill is an additional $3.7 million for the Kennedy Center for the Performing Arts, raising its FY10 total to $25 million. In addition, the Smithsonian Institution will benefit from $40.8 million more than last year, raising its annual budget to $634.2 million.
The Senate Appropriations Committee’s budget proposal earmarks $161.3 million each for the NEA and NEH—which matches President Obama’s initial budget request of $161.3 million for the arts endowment but is slightly lower than the $171.3 million he asked for the humanities.
CAA encourages you to write to your senators to advocate for NEA and NEH funding. You can do so at the Americans for the Arts E-Advocacy Center—it takes only a couple minutes to draft a letter, based on a template, to mail or email.
NEA Survey Shows a Decline in Art Participation
posted by Christopher Howard — June 16, 2009
American audiences for the arts are getting older and their numbers are declining, according to new research released yesterday by the National Endowment for the Arts (NEA). Arts Participation 2008: Highlights from a National Survey, which can be ordered or downloaded from the NEA website, features top findings from the 2008 Survey of Public Participation in the Arts, the nation’s largest and most representative periodic study of adult participation in arts events and activities, conducted by the NEA in partnership with the US Census Bureau.
Five times since 1982, the survey has asked US adults eighteen and older about their patterns of arts participation over a twelve-month period. The 2008 survey reveals dwindling audiences for many art forms, but it also captures new data on internet use and other forms of arts participation. Although the 2008 recession likely affected survey responses, long-term trend analysis indicates that other factors also may have contributed to lower arts participation rates.
There are persistent patterns of decline in participation for most art forms. Although nearly 35 percent of US adults—an estimated 78 million—attended an art museum or an arts performance in the 2008 survey period, the figure is a decline from 40 percent reported in 1982, 1992, and 2002.
Attendance at the most popular types of arts events—such as art museums and craft or visual-arts festivals—saw notable declines. The US rate of attendance for art museums fell slightly from a high of 26 percent in 1992–2002 to 23 percent in 2008, comparable to the 1982 level.
Further, fewer adults are creating and performing art. Weaving and sewing remain popular as crafts, but the percentage of adults who do those activities has declined by 12 points. Only the number of adults doing photography has increased—from 12 percent in 1992 to 15 percent in 2008.
Historically the most dependable arts participants, forty-five to fifty-four-year-olds, showed the steepest declines in attendance for most art events, compared with other age groups. Educated Americans—the most likely to attend or participate in the arts—are doing so less than before, and less-educated adults have significantly reduced their already low levels of attendance.
In a positive trend, the internet and mass media are reaching substantial audiences for the arts. Consider these findings:
- About 70 percent of US adults went online for any purpose in 2008 survey, and of those adults, nearly 40 percent used the web to view, listen to, download, or post artworks or performances
- Thirty percent of internet-using adults download, watch, or listen to music, theater, or dance performances online at least once a week. More than 20 percent of them view paintings, sculpture, or photography at least once a week
- More Americans view or listen to broadcasts and recordings of arts events than attend them live (live theater being the sole exception). Classical and Latin or salsa music were the most popular music categories (with 40 and 33.5 million viewers/listeners, respectively), and 33.7 million adults reported listening to, or viewing programs or recordings about books and writers. The same number (33.7 million) enjoyed broadcasts or recordings about the visual arts.
The entire survey questionnaire, the raw data, and a user’s guide are available both on the NEA website and from Princeton University’s Cultural Policy and the Arts National Data Archive (CPANDA). More detailed study results will be available later this year.