Advocacy

A temporary facility to provide volunteer assistance and work space to museums, libraries, archives, historic sites, galleries, collectors, and artists will open in Brooklyn, New York, during the week of December 10, 2012.

The Center for Cultural Recovery will be operated by the Foundation of the American Institute for Conservation of Historic and Artistic Works (FAIC), in cooperation with a consortium of the following organizations: the Alliance for Response New York City; the American Museum of Natural History; Heritage Preservation; Materials for the Arts; the New York City Department of Cultural Affairs; the New York Regional Association for Conservation; Industry City at Bush Terminal; and the Smithsonian Institution.

Funding for the center has been provided by a leadership gift to FAIC from Sotheby’s. The Smithsonian Institution and a grant to Heritage Preservation from the New York Community Trust, as well as support from TALAS, have enabled the purchase of supplies. The center has also been outfitted with supplies donated by Materials for the Arts, a program of the New York City Department of Cultural Affairs. Additional donations to FAIC have come from PINTA, the Modern and Contemporary Latin American Art Show; Tru Vue; members of the American Institute for Conservation; and others.

FAIC and its partners have been offering crucial disaster response assistance to cultural organizations and artists in need in the wake of Superstorm Sandy. In the first ten days after the storm struck, FAIC’s Collection Emergency Response Team’s (AIC-CERT) twenty-four-hour hotline (202-661-8068) fielded over fifty-five calls from collectors, artists, and museums. AIC-CERT and New York area volunteers are working with approximately 120 small collections, galleries, and artists in New York and New Jersey to recover collections. In addition, AIC member conservators in private practices throughout the New York region are helping owners preserve their collections.

Access to some collections, including those of individual artists, is only now becoming possible. Even artwork that has been dried still may need rinsing and cleaning to remove residues and mold spores. The Cultural Recovery Center will offer space and expertise to help owners stabilize their collections.

Read more about AIC-CERT’s volunteer services. The Museum of Modern Art in New York has also published Hurricane Sandy Conservation Resources for owners of cultural materials.

CAA’s advocacy efforts this year addressed a wide range of issues of critical importance to the visual arts, from the necessity of artists to have affordable health-insurance options, to the ethical treatment of animals in works of art, to the ins and outs of copyright law and museum practices. Below is a summary of eleven issues to which CAA has been committed during the past twelve months.

In June 2011, CAA filed an amicus brief in the case of Golan v. Holder, which the United States Supreme Court began hearing in October. The issue raised in Golan v. Holder is whether Congress, after enacting the Uruguay Round Agreements Act of 1994, could legally remove tens of thousands—if not millions—of foreign works from the public domain and bring them back into copyright. Consistent with the First Amendment, the brief argued that those works should remain freely available. On January 18, 2012, the Supreme Court affirmed a lower court’s previous decision, 6–2. In short, foreign works formerly in the public domain in the US can have their copyrighted status reinstated.

In December 2011, CAA signed onto a statement from the Association of Art Museum Directors that opposed the pending sale of a fifty percent stake in the Alfred Stieglitz Collection of Modern American and European Art at Fisk University in Nashville, Tennessee. Since 2005 the school had been attempting to sell the collection, donated by Georgia O’Keeffe (who specified that it never be sold or broken up). “Such an action,” stated the letter, “would violate a core professional standard of AAMD and of the museum field, which prohibit[s] the use of funds from the sale of works of art for purposes other than building an institution’s collection.” Nevertheless, the Tennessee Supreme court did not block the sale to Crystal Bridges Museum of American Art in Bentonville, Arkansas, on April 25, 2012. The university and museum will share the collection on a three-year rotating basis, with the museum helping to conserve the collection.

CAA board and staff members represented the organization at two events this spring in Washington, DC: Anne Collins Goodyear, then-incoming board president, and Linda Downs, CAA executive director and chief executive officer, attended Humanities Advocacy Day in March; and Judith Thorpe, an outgoing board member, and Helen Bayer, CAA marketing and communications associate, went to Arts Advocacy Day in April. The goal of both days was to support continued federal funding through the National Endowment for the Humanities and the National Endowment for the Arts, and to articulate to Congress the vital importance of the humanities and the arts in higher education. The National Humanities Alliance’s annual meeting coincided with Humanities Advocacy Day. Goodyear and Downs have offered a summary of this important event.

At the request of People for the Ethical Treatment of Animals (PETA), CAA investigated the use of homing pigeons in Jon Rubin’s interactive artwork, Thinking about Flying (2012), on view this year at the Museum of Contemporary Art in Denver, Colorado. The piece invites museum visitors to take home a bird, placed in a cardboard box, for a day before releasing it, so that it may fly back to the museum. CAA confirmed the humanitarian treatment of the birds by the artist and museum and notified PETA of the findings.

In April, CAA investigated the complaint raised by several artists who lent work to the 2010 World Festival of Black Artists and Cultures in Senegal that was not returned due to a dispute with an art shipper in Dakar. CAA determined that the situation did not need the organization’s assistance.

Michael Fahlund, CAA deputy director, testified on behalf of the organization at an oversight hearing convened by New York City’s Committee on Cultural Affairs, Libraries, and International Intergroup Relations on January 25, 2012, regarding increasing access to affordable health insurance for artists. Even though CAA is an international organization, its office is in the state of New York; presently the healthcare industry is regulated state by state. Fahlund proposed that CAA be given “employer status” in relation to its members living in New York State in order to provide health-insurance options for them. The committee’s discussions are ongoing.

CAA monitored a federal bill, the Research Works Act (H.R. 3699), that was introduced in the US House of Representatives on December 16, 2011, by Rep. Darrell Issa (R-CA) and cosponsored by Rep. Carolyn Maloney (D-NY)— chairman and member, respectively, of the House Committee on Oversight and Government Reform. The legislation would prohibit federal agencies from mandating free access to scholarly articles submitted to a scientific or scholarly publication without the consent of the publisher. This act primarily addresses science and technology publications but, if enacted, could affect art and humanities publications as well. Many learned societies who are publishers oppose the legislation, and CAA board members have begun discussing the issue and are paying close attention to the legislation’s development.

Representing CAA, Fahlund contributed his expertise to a National Coalition Against Censorship committee that developed Museum Best Practices for Managing Controversy, published in May. The document offers guidance for institutions to turn controversial situations into learning experiences for their public. The committee comprised representatives from the American Association of Museums, the Association of Art Museum Directors, the Association of Art Museum Curators, Columbia University, Arizona State University, the University of Washington, and the New School. CAA’s Museum Committee is reviewing the guideline and will present it for adoption at the CAA board meeting on October 28, 2012.

Fahlund also worked with a liability insurance broker, Herbert L. Jamison and Co. LLC, and Philadelphia Insurance Companies, and with two CAA members, Barbara Buhler Lynes and Nancy Mowll Mathews, to establish comprehensive, affordable liability insurance for art historians and artists who authenticate works of art. Such insurance would help defend against a damaging financial loss that could occur from alleged mistakes or negligence. CAA does not administer the insurance but acts as a referral to the insurance company; in a brief article from this past January, Fahlund offers helpful loss-prevention tips for the art professional to avoid potential workplace liabilities.

Last month CAA signed onto a letter from the Association of Art Museum Directors sent to Congress, urging legislators to pass the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (S. 2212), a proposed law that would shield a loaned work of art from a non-US collection from being seized by anyone with a claim to legal ownership while the art is on display in the country. According to the letter, the US has “long provided the crucial legal protection that helps make loans from foreign museums possible” through the Department of State, until a 2004–8 lawsuit involving heirs of Kasimir Malevich and the City of Amsterdam weakened those protections. The House passed the bill (H.R. 4086), which the Senate is now debating.

As a member of the Coalition on the Academic Workforce, a group that addresses workforce issues in higher education, CAA helped to prepare and administer a 2010 survey on contingent-faculty issues. The results have been tabulated and will be distributed soon. More than one thousand CAA members filled out the survey. [June 20 update: the survey results have been published.]

Founded as an advocate for the visual arts in higher education, CAA actively engages matters of public policy, litigation, and activism at the local, state, federal, and international levels. For further information, visit the Advocacy section of the website. If you have questions or have advocacy issues you would like to bring to the attention of the CAA board, please contact Anne Collins Goodyear, CAA president, and Linda Downs, CAA executive director and chief executive officer, at info@collegeart.org.

May 31, 2012

Ecole du Patrimoine Africain
01 BP 2205
Porto-Novo
Benin

Dear Ecole du Patrimoine Africain:

On behalf of the College Art Association’s Board of Directors and 14,000 international members, we would like to express our grave concern for the protection of Mali’s cultural heritage in light of the current military action in the north of the country. On May 4, two mausoleums of Saints were intentionally defaced in Timbuktu, and there is reason to think such vandalism will continue unless the government of Mali and the National Army of the Republic of Mali act to safeguard the country’s cultural property.

Mali is renowned for its cultural achievements, and its cultural heritage is considered patrimony of Mali, Africa and the entire international community. Four sites have been declared World Heritage by UNESCO and six cultural practices are considered intangible heritage; they have been inscribed on the Representative List of the Intangible Cultural Heritage of Humanity and the List of Intangible Cultural Heritage in Need of Urgent Safeguarding.

We urge the Government and Army to protect Mali’s people and cultural artifacts in accordance with the international Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954), the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage, and the 2003 Convention for the Safeguarding of Intangible Cultural Heritage.

We appeal to the political and military authorities in Mali to work for the best interest of the Malian nation, which should take precedence in ensuring the return to constitutional order in the north. We urge them to guarantee the preservation, integrity and security of cultural goods and people in all their dimensions and components, especially in occupied areas in Timbuktu, Gao, Kidal, and ask Mali’s neighbors to prevent the illicit transfer of objects and works of art from Mali through customs and police controls at their borders.

Sincerely yours,

Anne Collins Goodyear
President

Linda Downs
Executive Director

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.

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 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.

The Executive Committee of the CAA Board of Directors has reviewed and approved the support of the following statement, published on February 2, 2011, under the aegis of the Association of Art Museum Directors. You may download a PDF of the letter.

Statement regarding Egypt

New York, NY—February 2, 2011—Recent news reports about the turmoil in Egypt have varyingly reported that some damage was done to works of ancient art in Egyptian museums—and that those who attempted to do harm were stopped. Just as we worry about the safety of Egypt’s citizens in this time of civil unrest, so, too, do we worry about the safety of the country’s cultural heritage—works of art and material culture crucial to our understanding of world civilization and humanity.

We, the representatives of the leading American museums and university art and art history departments, stand with the people of Egypt in their determination to protect 5,000 years of history, including those objects from history that remain unexcavated. Our members—more than 21,000 institutions and individuals—stand ready to assist in any way possible to secure the art and artifacts of Egypt.

Association of Art Museum Directors, Kaywin Feldman, President
American Association of Museums, Ford Bell, President
Association of Art Museum Curators, John Ravenal, President
Association of Academic Museums and Galleries, David Alan Robertson, President
College Art Association, Barbara Nesin, President

Contact

Janet Landay and Christine Anagnos
Association of Art Museum Directors
212-754-8084

Sascha Freudenheim and Elizabeth Chapman
Resnicow Schroeder Associates
212-671-5172 and 212-671-5159

The Digital Library of the Caribbean (dLOC) has developed the Protecting Haitian Patrimony (PHP) Initiative to bring together international contributors to assist Haiti with the preservation of Haitian cultural patrimony while respecting local sovereignty. From February 11 to 17, 2010, Brooke Wooldridge, dLOC project coordinator, traveled to Haiti to meet with local leadership and determine the short, medium, and long-term goals for the initiative.

The downloadable PDF report summarizes the current actions taken in regard to the specific patrimonial collections in Haiti. It also provides the background necessary to develop coherent, complementary plans to assist local institutions as they protect the collections and develop resources to preserve and ensure that the future generations will have access to these resources.

The Digital Library of the Caribbean (dLOC), an international collaboration of educational, research, governmental, and nongovernmental institutions that provides access to electronic collections about the Caribbean, is seeking donations and technical assistance for the recovery and protection of Haiti’s libraries and their valuable historical, governmental, and cultural resources.

The Digital Library of the Caribbean has initiated the Protecting Haitian Patrimony Initiative, the goal of which is to help the country’s three largest heritage libraries and the National Archives, all of which were damaged in the January 12 earthquake. While the main structures remain standing, one library must be evacuated and most likely demolished and the others suffered significant damage, leaving their collections extremely vulnerable. As a result, significant resources will be needed to protect the already brittle, rare books and documents, now left in piles and covered with debris.

The damaged institutions have indicated they need gloves, masks, archival boxes, and temporary staff to assist in the clean-up. Later, they will need to replace broken shelving, repair or replace damaged electronic equipment, and provide more advanced restoration for many of the rarest books and documents.

Laura Probst, dean of FIU Libraries and a dLOC executive committee member, said protecting the historical documents is crucial in the earthquake’s aftermath.

“The collections in these archives represent the collective memory of the Haitian people, their culture, and Haiti’s role in the history of the western hemisphere and the world,” Probst said. “With this initiative we seek to preserve these invaluable resources for Haiti’s future, and for our own.”

FIU has a longstanding partnership with Haiti’s libraries and the National Archives through the Digital Library of the Caribbean and is one of the founding partners and administrators of dLOC, along with the University of Florida and the University of the Virgin Islands.

The Digital Library of the Caribbean’s operations are run out of the Latin American and Caribbean Center at FIU. Brooke Wooldridge, coordinator of dLOC at FIU, will be traveling to Haiti this week to assist the libraries and archives in documenting their needs and planning for the next phases of their recovery.

The Protecting Haitian Patrimony Initiative at first will channel resources to four institutions in Port-au-Prince:

• Archives Nationales d’Haïti houses both civil and state records, including births, marriage and death certificates, documentation of social works, civil governance and records of the Office of the President, and most government ministries
• Bibliothèque haïtienne des Pères du Saint-Esprit was founded in 1873 by the Fathers of the Holy Spirit. The library holds resources documenting the history of Haiti, French colonization, slavery, and emancipation, and 20th Century records, as well as newspapers and periodicals
• Bibliothèque haïtienne des Frères de l’Instruction Chrétienne was founded in 1912 by the Christian Brothers. It served as depository-library for Haitian imprints and holds titles not even available in the National Library. It also holds one of the most significant collections of Haitian newspapers
• Bibliothèque National d’Haïti was established in 1940 and also serves as a public library providing resources, study space, and research support. It has a small but significant collection of rare books, manuscripts, and newspapers

For more information or to contribute to the Protecting Haitian Patrimony Initiative, please visit the dLOC website or call dLOC at 305-348-3008.

The text was published earlier today on the website of Florida International University (FIU) and is reprinted here with permission by news.FIU.edu.

Rescue Public Murals invites artists and arts organizations to contribute photographs of American outdoor murals, to be deposited in a special collection in the ARTstor Digital Library and made available for educational use.

The images in the Rescue Public Murals (Heritage Preservation) collection will serve as a valuable record of murals in the United States and place them in the context of other works in the arts, architecture, and humanities. Your photographs can join the more than five thousand catalogued mural photographs already contributed by Rescue Public Murals cochair, Timothy Drescher.

Images may be submitted online and should be high-resolution TIFF or JPEG files at 3,000 pixels on one side. Assistance is also available to scan slides. The online submission site includes fields to complete with identifying information about the mural, including artist name, title, date, location, medium, dimensions, photographer, and copyright information. Rescue Public Murals staff will facilitate their inclusion in ARTstor by providing cataloging and technical assistance.

Submissions are accepted until March 31, 2010. Artists and arts organizations that are considering submissions can email Kristen Laise or call 202-233-0824 for more information.

In 2006, Heritage Preservation launched Rescue Public Murals, an initiative to bring public attention to US murals, document their unique artistic and historic contributions, and secure the expertise and support to save them. While much of the effort is focused on the physical preservation of community murals, it is inevitable that some important murals will not survive. As another means of preserving this distinctive American art form, Rescue Public Murals also collects photographs and archival documentation related to murals.

Funding for this project comes from the Getty Foundation and National Endowment for the Arts. Rescue Public Murals has also received support from the Booth Heritage Foundation, Friends of Heritage Preservation, and the Wyeth Foundation for American Art.