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 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 report, called Audience 2.0: How Technology Influences Arts Participation, looks at who is participating in the arts through electronic media, what factors affect their participation, and the relationships among media-based arts activities, live attendance, and personal arts creation. Audience 2.0 has determined that media-based arts participation appears to encourage—rather than replace—attendance at live arts events. Among the conclusions:

• Education continues to be the best predictor of arts participation among adults, both for live attendance and through electronic media. Survey respondents with at least some college education were more likely than respondents with a grade-school education to have used electronic media to participate in the arts
• For many Americans—primarily older Americans, lower-income earners, and racial/ethnic minority groups—electronic media is the only way they participate in arts events
• The 15.4 percent of US adults who use media only to engage with the arts are equally likely to be urban or rural
• Twenty-one percent (47 million) of all US adults reported using the internet to view music, theater, or dance performances in the last twelve months. Twenty-four percent (55 million) obtained information about the arts online

Audience 2.0 expands on the research published in the NEA’s 2008 Survey of Public Participation in the Arts (SPPA). This survey, conducted in partnership with the US Census Bureau and released last year, is the nation’s largest, most representative study of arts participation among American adults. Since 1982, SPPA has measured American adult participation in activities such as visits to art museums or galleries and attendance at jazz and classical music concerts, opera and ballet performances, and musical and nonmusical plays. SPPA categorizes these as “benchmark” activities, providing a standard group of arts activities for more than two decades of consistent trend analysis. Audience 2.0 takes a closer look at how audiences use electronic media to engage in these benchmark activities.

In an agency first, the new report is being released only in an electronic format that includes multimedia features. Chairman Rocco Landesman’s video greeting is accompanied by a video commentary on the report from Sunil Iyengar, NEA director of research and analysis. Additionally, each chapter will open with videos from arts organizations that represent each of the benchmark disciplines tracked by the report. Arts organizations can use findings from Audience 2.0 to better understand their audiences’ uses of technology and electronic media.

As part of its ongoing analysis of SPPA data, the NEA is making raw data and detailed statistical tables available to researchers and the public. The tables highlight demographic factors affecting adult participation in a variety of art forms.

Public Knowledge, a digital-issues interest group based in Washington, DC, writes, “The request for comments seems geared to take in complaints from big media companies and other major holders of copyrights, patents, and trademarks,” but also that it is “open to everyday consumers, citizens, and members of the public.”

An area that art historians may wish to address, for example, is the way that copyright controls on images have made it difficult for electronic texts to include copyrighted art images. For artists, an area of concern is the high cost of registering copyright in a visual image, and lack of good bulk registration tools at the US Copyright Office for visual-image rights holders.

Read more about the issue on the Public Knowledge website, which also includes a sample letter that you can tailor to your needs. Deadline: 5:00 PM on March 24, 2010.

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.

Lost and Found: A Practical Look at Orphan Works
Tuesday, October 20, 2009
Meeting Hall, New York City Bar Association, 42 West 44th Street, New York

How should the law treat “orphan works”? Please join us as we discuss proposals that would enable copyrighted works to be used when their owners cannot be located to obtain necessary permissions. What should be the obligations of potential users with respect to searching for copyright owners? How should infringement claims be handled if a copyright owner emerges? Do different types of copyrighted works present unique issues? What roles might registries and recognition and detection technologies play? Our speakers will address these and related questions, focusing on orphan images.

June M. Besek, executive director of the Kernochan Center for Law, Media, and the Arts, is the panel moderator. Speakers are:

• Brendan M. Connell, Jr., Director and Counsel for Administration, Solomon R. Guggenheim Foundation
• Frederic Haber, Vice President and General Counsel, Copyright Clearance Center
• Eugene H. Mopsik, Executive Director, American Society of Media Photographers
• Maria Pallante, Associate Register for Policy and International Affairs, US Copyright Office
• Charles Wright, Vice President and Associate General Counsel, Legal and Business Affairs, A&E Television Networks

“Lost and Found” is sponsored by the Art Law Committee (chaired by Virginia Rutledge) and the Copyright and Literary Property Committee (chaired by Joel L. Hecker) of the New York City Bar Association, in conjunction with Columbia Law School’s Kernochan Center for Law, Media, and the Arts.