CAA News Today
CAA Needs Your Copyright Anecdotes!
posted by admin — Mar 15, 2005
The College Art Association is preparing to file formal comments with the U.S. Copyright Office in support of a proposal to alter the current copyright law to address the problem of "orphan works"— works that are still in copyright, but where the copyright holder cannot be found and the rights cleared.
Scholars and publishers working in 20th-century art are familiar with this problem: You want to publish a picture or quote a text; you are ready to clear permissions and pay any necessary fees, but you can’t find the artist or author, or an estate. What do you do?
CAA needs your anecdotes as soon as possible, detailing specific examples where you were unable to use material in your research or publication because you could not find the rights holder, or where you were obliged to publish without obtaining permission, after making every effort to find a rights holder. Your stories will be cited anonymously, without identifying information, and sources will be kept confidential.
Summary of the U.S. Copyright Office Initiative
The U.S. Copyright Office has begun a proceeding to seek information about "orphan works." Orphan works are works (images/photos, letters, books, works of art, and others) that are still formally protected by copyright, but where a potential user—scholar, teacher, artist, publisher or other person or institution—is unable to clear rights because a) there is no copyright information associated with the work; b) the information is inadequate or inaccurate; or c) attempts to contact possible rights holders have proved futile (no one at last known address; publisher out of business, no responses to letters, etc.). Examples of such orphan works might be unsourced/uncredited photographs in older books; foreign works without copyright information; unsigned works of art; and letters written by persons who died within the last seventy years but who left no (findable) heirs. For CAA members, the problems posed by orphan works can be considerable. The Copyright Office has recognized that there is some value in being able to use these works, even if rights cannot be cleared. The Copyright Office issued a Notice seeking information on the "orphan works" problem on January 26, 2005.
The problem of finding the holders of rights in orphan works has been exacerbated by the recent extension of the term of copyright, which has postponed the date on which certain older works would otherwise enter the public domain (usually if the author has died before 1923). However, the problem of orphan works is certainly not confined to older works; information accompanying far newer and even recent works may also be inadequate for a user today to find the rights holder.
What CAA Is Doing
The College Art Association, with many others (including libraries, museums, public-interest groups and associations), plans to file comments in response to this Notice. CAA will ask the Copyright Office to recognize the substantial problems posed for individual users, publishers, museums, libraries and others by their inability to clear rights in orphan works. As part of the proceeding, the Copyright Office will consider proposals for ways to improve this situation. These might include amending the copyright law to permit uses of orphan works without users being unduly fearful that rightful copyright owners might emerge to claim a copyright infringement. This is an opportunity for us to make our voices heard in Washington on how copyright affects us!
Report From Washington: Humanities Advocacy Day and Arts Advocacy Day
posted by admin — Mar 16, 2003
CAA cosponsored Humanities Advocacy Day (February 25, 2003), hosted by the National Humanities Alliance, and Arts Advocacy Day (March 26, 2003), hosted by Americans for the Arts, in Washington, D.C. Both events brought together a broad cross-section of national cultural organizations, academics, and grassroots arts leaders to promote the arts, arts education, and humanities to Congress through increased support for the federal cultural agencies.
CAA representatives Susan Ball, Richard Selden, and Marta Teegen visited the offices of several key members of the Senate and House Interior Appropriations Subcommittees, which deal directly with funding for the federal cultural agencies, and met with other legislators during both advocacy events.
For Humanities Advocacy Day, an event that focuses on increased support for the National Endowment for the Humanities (NEH), Ball and Teegen called for Congress to support President George W. Bush’s budget request of $152 million for the NEH, a $26 million increase over the current fiscal year. Much of the proposed increase will go to fund the NEH’s We the People initiative to advance understanding of American history, culture, and civics. It is very important to note the program is currently administered within, but not officially funded by, the NEH. Should We the People be properly funded, it will become its own program at the NEH-grant applications dealing with American history, culture, and civics will go to this new program instead of the various other program divisions at NEH, as is currently the case. Consequently, a properly funded We the People will free up money for other NEH programs, including Preservation & Access and Research Grants.
At Arts Advocacy Day, CAA representatives Ball and Selden focused on several important arts policy matters during visits to Capitol Hill. They urged Congress to appropriate $170 million in funds for the National Endowment for the Arts (NEA), $53 million above the current fiscal year. The NEA has never recovered from the 40 percent budget cut it received in 1996, and its programs are woefully underfunded. Moreover, CAA’s representatives called on Congress to support President Bush’s budget request of $34.43 million for the Office of Museum Services, a division within the Institute of Museum and Library Services.
Ball joined members of the New York delegation to Arts Advocacy Day on visits to the offices of Charles Rangel (D-NY) and Amo Houghton (R-NY), both of whom serve on the House Ways and Means Committee (Rangel is the ranking member), which has jurisdiction over all tax policies, including proposed legislation calling for fair-market-value tax deductions for artists. Identical bills have been introduced in the House and Senate again this year to allow artists to deduct contributions of their artworks at full market value. Representatives Houghton and Ben Cardin (D-MD) introduced H.R. 806 Artists’ Contribution to American Heritage Act of 2003, and Senators Patrick Leahy (D-VT) and Robert Bennett (R-UT) introduced S. 287 Artist-Museum Partnership Act. Both bills continue to have strong bipartisan support, though it is still unclear when in the coming year either of them will be voted on.
Other issues raised on Arts Advocacy Day concerned improving the visa process for visiting international artists and scholars. Many nonprofit organizations confront untenable delays and uncertainties while getting approval of visa petitions for international guest artists and scholars. While current law requires a maximum fourteen-day process, it now takes the Immigration and Naturalization Service (INS) up to 120 days to process visa petitions in the categories most used by visiting artists. Delays began in June 2001, when the INS adopted a Premium Processing Service, which guarantees processing within fifteen days upon payment of an additional $1,000; however, most nonprofit organizations cannot afford such a fee. Arts advocates called on Congress to urge the INS to adopt immediate reforms that will ensure timely processing of visa petitions related to nonprofit arts groups.
CAA’s representatives also advocated for an increase in appropriations for cultural exchanges through the U.S. Department of State. They specifically urged Congress to boost funding by $10 million for the Cultural Programs Division, which currently receives only $2 million. This division funds international educational exchange and training programs and supports partnerships among museums around the world.
-Marta Teegen, CAA director of governance and advocacy
Report from Washington: Arts Advocacy Day and Jefferson Day
posted by admin — Mar 16, 2002
CAA cosponsored Arts Advocacy Day on March 11-12, 2002, hosted by Americans for the Arts, and Jefferson Day on March 21-22, 2002, hosted by the National Humanities Alliance (NHA), in Washington, D.C. Both events brought together a broad cross-section of national cultural organizations, academics, and grassroots arts leaders to promote the arts, arts education, and humanities to Congress through increased support for the federal cultural agencies.
In addition to requesting more funding for the National Endowment for the Arts (NEA), National Endowment for the Humanities (NEH), and the Institute of Museum and Library Services (IMLS), CAA representatives Marta Teegen and Paul Skiff focused on two key policy issues on Arts Advocacy Day this year: grants for individual artists and fair-market-value tax deductions for artists.
Concerning grants for individual artists, Teegen and Skiff argued that the NEA has always sought to promote America�s cultural heritage and values both domestically and abroad through these grants. Specifically, NEA grants have supported and encouraged ingenuity, freedom of expression, and risk taking. Since Congress eliminated grants to individual artists in 1995, the NEA has placed the majority of its emphasis on education and access programs. To remove artists from the grants program, however, leaves this national arts-funding initiative without positive examples of individual achievement, which provide high standards upon which to base educational goals. A program for funding the arts that does not have examples of individual professional achievement, much less encourage ingenuity and risk taking, does not allow the U.S. to establish cultural authority or credibility worldwide. Therefore, it is necessary that the NEA recognize individual artists with longstanding achievement, and encourage them to be outspoken with their unique viewpoints and innovative, advanced ideas. After all, it is artists who are recognized by the national and international public for being positive examples of American cultural leadership.
While making several congressional visits during Arts Advocacy Day, Teegen and Skiff met with other arts advocates. Unfortunately, the vast majority of these advocates scoffed at our attempt to reestablish a dialogue with our elected officials about grants to individual artists, more often than not stating that ours is a lost cause. To be sure, if arts advocates from around the country are afraid or unwilling to broach this important subject with members of Congress, then it will, sadly, forever be lost. We therefore strongly urge all CAA members to engage your elected officials in a dialogue about the importance of grants to individual artists and to ask them to sponsor legislation that will fund them.
On the issue of fair-market-value tax deductions for artists, CAA has been an advocate for pending legislation for well over a year now. Sponsored by Amo Houghton (R-Corning, NY) and Ben Cardin (D-Baltimore, MD) in the House and Patrick Leahy (D-VT) and Robert Bennett (R-UT) in the Senate, the proposed legislation would allow artists to deduct the donation of an artwork at its full market value. This will greatly aid museums and other nonprofit recipients of art gifts by making the donation process easier and more valuable for the donor. In all likelihood, the bill will be amended to a larger tax bill; however, it is unclear whether or not there will be such a tax bill this year.
For Jefferson Day, a humanities advocacy event that focuses on increasing support for the NEH, Teegen and CAA�s executive director, Susan Ball, met with several members of the Senate Subcommittee on Interior and Related Agencies�the group that oversees funding for federal cultural agencies. We explained that NEA and NEH Challenge Grants have allowed CAA to offer awards to individuals from traditionally underrepresented populations at the professional level in museums and universities through its Professional Development Fellowship Program. CAA director of marketing and communications and a New Jersey resident, Richard Selden, also participated in visits (organized by Princeton University’s Office of Government Affairs) to the offices of several New Jersey members of Congress. Unfortunately, the NEH falls under the radar in most congressional offices. We need to help raise the agency�’s profile-to increase awareness of the work that it makes possible, including support for art-historical research and exhibitions, and to improve the understanding of its mission. CAA will continue to work with the National Humantities Alliance, a nonpartisan advocacy group in Washington, D.C., of which CAA is a member, to address these issues.
Also during Jefferson Day, CAA and the NHA cosponsored a reception at the Folger Shakespeare Library in honor of the new NEH chair, Bruce Cole, an art historian. It was well attended by congressional staff, humanities advocates, and NEH staff members.
As reported in the March/April issue of CAA News, President George W. Bush’s budget, which was released in February of this year, calls for modest increases in the NEA’s and NEH’s budgets in FY 2003, just enough to cover the costs associated with the proposed legislative change in accounting for retirement and health benefits costs; thus, program budgets for the two agencies are nearly identical with the present fiscal year, at about $117.4 million for the NEA and almost $126.9 million for NEH. The IMLS, on the other hand, is scheduled for an increase of 8.1 percent over last year’s budget. While advocates urged members of Congress to support a funding increase to $155 million each for both the NEA and the NEH during Arts Advocacy Day and Jefferson Day, it is still unclear whether such increases will occur in the coming fiscal year.
-Marta Teegen, CAA manager of governance, advocacy, and special projects, with Paul Skiff, assistant director of annual conference
Art Now
posted by admin — Mar 15, 2002
The National Coalition Against Censorship announces Art Now. Art Now is an online register of artistic responses to the events of September 11 and their aftermath, and a discussion forum on related issues. Art Now archives responses from artists and curators in all media, as well as the work of performance spaces, museums, and art-related websites, as they develop from documentation and memorials to critical explorations of the present and future. The Art Now Discussion Forum is hosting a conversation on the ethical, political, and historical aspects of creative statement in times of crisis.
Art Now is specifically interested in documenting artistic responses�from college art galleries, art departments, faculty, and students�that provide a perspective on the current state of the world, as defined by recent events in the United States, Asia, and the Middle East. For more information, please contact Rebecca Metzger at 212-807-6222, ext. 16; metzger@ncac.org.
More information on funding for the arts and humanities will be available throughout the coming year on the advocacy pages of CAA’s website.
If you would like to receive email notification of Advocacy Action Alerts, please contact Marta Teegen, Manager of Governance, Advocacy, & Special Projects, at mteegen@collegeart.org with the word SUBSCRIBE in the subject field and your email address in the body of the email.
Rebecca Cederholm, manager of governance, advocacy, & special srojects
Heritage Preservation Receives Chairman’s Emergency Grant from the NEH
posted by admin — Jan 16, 2002
Heritage Preservation received a Chairman’s Emergency Grant from the National Endowment for the Humanities for “A Survey and Report on the Extent of Damage and Loss to Cultural Resources after the September 11, 2001 Terrorist Attacks.” The project will collect information about the impact of the destruction of the World Trade Center towers on 99 museums, libraries, and archives; 67 historic landmarks; and 245 works of outdoor sculpture in lower Manhattan, along with significant art collections and business archives maintained by many nonprofit organizations. A report will document the extent of damage and loss to cultural resources and the responses of museums, libraries, and archives to this unprecedented tragedy.
For more information on this project, please visit Heritage Preservation’s website at www.heritagepreservation.org.
Report from Washington: Arts Advocacy Day and Jefferson Day
posted by admin — Mar 16, 2001
CAA cosponsored Arts Advocacy Day (March 19�20), hosted by Americans for the Arts, and Jefferson Day (March 26�27), hosted by the National Humanities Alliance, in Washington, D.C. Both events brought together a broad cross-section of national cultural organizations, academics, and grassroots arts leaders to promote the arts, arts education, and humanities to Congress through increased support for the federal cultural agencies.
In addition to increased funding for the National Endowment for the Arts (NEA), National Endowment for the Humanities (NEH), and the Institute of Museums and Library Services (IMLS), advocates at Arts Advocacy Day focused on two key policy issues championed by President George W. Bush�s administration–taxes and education. Advocates urged elected officials and their staffs to support tax legislation that will encourage private contributions to all nonprofit organizations by expanding the charitable gift deduction to those who do not itemize on their tax returns. Other proposals include the retention of some charitable giving incentives in the estate tax, and permission to direct IRA gift rollovers and withdrawals to charities without penalty. Another tax change could allow artists to deduct contributions of their artworks at full market value. For the first time, Republican legislators and staffers said that they definitely can agree with the arts community on this and were excited to hear about this issue. It is important to note that should Congress enact any charitable tax legislation, the resulting financial benefits to the nonprofit community�and specifically the cultural and education communities�could easily surpass any federal funds currently available through the NEA, NEH, or IMLS. Indeed, some estimates put the amount at $14 to 16 billion.
Advocates also urged members of Congress to support legislation that ensures a place for arts education in all public elementary and secondary education programs, including professional-development opportunities for arts teachers, funding for afterschool arts learning, and support for arts-education partnerships between schools and community cultural organizations. The message was reinforced at the Nancy Hanks Lecture on Arts and Public Policy. Frank Rich, an op-ed columnist and theater critic for the New York Times, spoke about the need to develop audiences for the arts through education and improved access to cultural events.
CAA representatives Marta Teegen and Paul Skiff visited the offices of Senators Hillary Clinton (D-NY), Charles Schumer (D-NY), and Thad Cochran (R-MS) on Arts Advocacy Day. CAA learned that the general tone regarding an increased level of government funding has stabilized�and overall pessimism has softened�as a result of the benefits museum and visual-arts organizations have emphasized during the past several years on education programs, and because of tangible financial impact on communities served by cultural organizations. To representatives from both parties and legislative branches, however, individual-artist grants continue to be neglected by key arts lobbyists and members of Congress. This year, they were at least willing to discuss reinstating these grants, but, as the office of Senator Cochran acknowledged, these grants have become a political liability for the NEA rather than a substantive flaw in the endowment’s mission. Senate staffers found it easy to consider arts advocacy issues relating to tax questions, but it seems that a more ideological initiative, such as grants for individual artists, is still not something our elected officials have the outspokenness to treat.
One person who was outspoken�though on a different issue�was Arthur Miller, the thirtieth annual Jefferson Lecturer. He targeted the role of “acting” by politicians, and gave a scathing analysis of the recent presidential election. Not only did Miller find fault with President Bush and the Supreme Court, but he also expressed disappointment with Al Gore and Bill Clinton. Attended by more than one thousand people, Miller�s lecture drew loud cheers and applause from many in the audience who shared his opinions.
On Jefferson Day, a humanities advocacy day scheduled in conjunction with the Jefferson Lecture, CAA representatives Marta Teegen, Rachel Ford, and Deirdre Barrett visited the offices of the following senators: Conrad Burns (R-MT), Ted Stevens (R-AK), Ben Nighthorse Campbell (R-CO), Harry Reid (D-NV), and Byron Dorgan (D-ND), all of whom sit on the Senate Subcommittee on Interior and Related Agencies�the group that deals directly with funding for federal cultural agencies. After explaining that NEA and NEH Challenge Grants have allowed CAA to offer Professional Development Fellowships to individuals from traditionally underrepresented populations at the professional level in museums and universities, CAA was encouraged to hear that, at the very least, Senate Interior Appropriations Subcommittee members currently have no plans to make further cuts to federal cultural agency budgets in the coming year. Similarly, President Bush presented his first budget request to Congress in mid-April that included level funding for all federal cultural agencies, with an additional request for cost-of-living salary increases for 2002. Neither the Senate nor the president, however, has committed to a specific timetable for budget increases to the NEA, NEH, and IMLS.
�Marta Teegan, CAA manager of governance, advocacy & special projects, and Paul Skiff, assistant director for Annual Conference