Advocacy

Representative Peter King, a Republican from the State of New York, reintroduced the Free Speech Protection Act (HR 1304) to protect the First Amendment rights of Americans who are sued for defamation in foreign courts. With the rise of libel tourism, the fear of a lawsuit has become a deterrent for American authors, journalists, and publishers seeking to publish works on topics such as terrorism. The bill provides protections that will deter foreigners from suing Americans.

Recently there has been a rise in “libel tourism,” where foreigners take advantage of plaintiff-friendly foreign court systems, such as in the United Kingdom, in order to sue Americans for defamation. When sued in foreign courts, it has been difficult for Americans to countersue, as they could not establish standing in US courts. Without the ability to retaliate, there is nothing to discourage the practice of libel tourism.

The Free Speech Protection Act does the following to protect Americans and deter foreign libel lawsuits:

• Allows US persons to bring a federal cause of action against any person bringing a foreign libel suit if the writing does not constitute defamation under US law
• Bars enforcement of foreign libel judgments and provides other appropriate injunctive relief by US courts if a cause of action is established
• Awards damages to the US person who brought the action in the amount of the foreign judgment, the costs related to the foreign lawsuit, and the harm caused due to the decreased opportunities to publish, conduct research, or generate funding
• Awards treble damages if the person bringing the foreign lawsuit intentionally engaged in a scheme to suppress First Amendment rights
• Allows for expedited discovery if the court determines that the speech at issue in the foreign defamation action is protected by the First Amendment.

While the goal of the bill is to protect Americans from the exploitation of libel tourism, it does not intend to limit legitimate cases of defamation. Nothing in the bill limits the rights of foreign litigants who bring forward good-faith defamation actions against journalists and others who have purposely and maliciously published false information.

In 2008, New York State passed a similar bill entitled Rachel’s Law. King’s bill raises the issue on the federal level so that all American’s rights can be protected. Senators Specter, Lieberman, and Schumer have introduced companion legislation in the Senate.

Unemployment rates are up among working artists and the artist workforce has contracted, according to new research from the National Endowment for the Arts (NEA). Artists in a Year of Recession: Impact on Jobs in 2008 examines how the economic slowdown has affected the nation’s working artists. The study looks at artist employment patterns during two spikes in the current recession—the fourth quarters of 2007 and 2008. Not unexpectedly, this downturn reflects larger economic declines across the nation: a Commerce Department report from late February noted a 6.2 percent decrease in the gross domestic product in the last quarter of 2008. The ten-page publication can be downloaded as a PDF.

Among the findings:

• Artists are unemployed at twice the rate of professional workers, a category in which artists are grouped because of their high levels of education. The artist unemployment rate grew to 6 percent in the fourth quarter of 2008, compared with 3 percent for all professionals. A total of 129,000 artists were unemployed in the fourth quarter of 2008, an increase of 50,000 (63 percent) from one year earlier. The unemployment rate for artists is comparable to that for the overall workforce (6.1 percent)
• Unemployment rates for artists have risen more rapidly than for US workers as a whole. The unemployment rate for artists climbed 2.4 percentage points between the fourth quarters of 2007 and 2008, compared to a one-point increase for professional workers as a whole, and a 1.9 point increase for the overall workforce
• Artist unemployment rates would be even higher if not for the large number of artists leaving the workforce. The US labor force grew by 800,000 people from the fourth quarter of 2007 to the fourth quarter of 2008. In contrast, the artist workforce shrank by 74,000 workers. Some of this decline may be attributed to artists’ discouragement over job prospects
• Unemployment rose for most types of artist occupations. Artist jobs with higher unemployment rates are performing artists (8.4 percent), fine artists, art directors, and animators (7.1 percent), writers and authors (6.6 percent), and photographers (6.0 percent)
• The job market for artists is unlikely to improve until long after the US economy starts to recover. Unemployment is generally a lagging economic indicator, or a measure of how an economy has performed in the past few months. During the prior recession (2001), artist unemployment did not reach its peak of 6.1 percent until 2003—two years after economic recovery began nationwide.

As an example of how arts jobs intersect with the larger economy, consider the construction industry. Industry-wide declines, which began in 2006, have contributed to the shrinking job market for architects. While this group usually has the lowest unemployment rates among all artist occupations and all professionals, architect unemployment rates doubled, from 1.8 percent in fourth quarter 2007, to 3.8 percent in the fourth quarter of 2008. Unemployment in the designer category also doubled, from 2.3 percent to 4.7 percent. This broad category includes interior, commercial, and industrial designers whose work is closely associated with the construction industry. Eighty-three thousand designers left the artist labor market during that time period.

The contraction of the arts workforce has implications for the overall economy. A May 2008 NEA study revealed there are two million full-time artists representing 1.4 percent of the US labor force, only slightly smaller than the number of active-duty and reserve personnel in the military (2.2 million). More recently, a National Governors Association report recognized that the arts directly benefit states and communities through job creation, tax revenues, attracting investments, invigorating local economies, and enhancing quality of life. There are 100,000 nonprofit arts organizations that support 5.7 million jobs and return nearly $30 billion in government revenue every year, according to a study by Americans for the Arts.

The NEA Office of Research and Analysis produced Artists in a Year of Recession: Impact on Jobs in 2008 using published and unpublished data from the Department of Labor’s Bureau of Labor Statistics. The research note measures unemployment rates among workers who self-reported an artist job as occupying their greatest number of working hours per week, whether the employment was full-time or part-time.

On Tuesday, President Barack Obama signed the American Recovery and Reinvestment Act, passed by Congress late last week. The $787 billion stimulus bill includes considerable appropriations for the National Endowment for the Arts ($50 million for a federal agency with a $245 million budget for the current fiscal year) and Smithsonian Institution ($25 million, but cut from the House’s original request of $150 million). Language that, in the Senate version of the act, would have excluded museums, theaters, and arts centers from receiving federal funds was removed from the final legislation.

Casey Selix and Cynthia Dizikes of MinnPost.com report:

According to the bill, the NEA money is “to be distributed in direct grants to fund arts projects and activities which preserve jobs in the non-profit arts sector threatened by declines in philanthropic and other support during the current economic downturn.” Forty percent of the money is to be distributed to state arts agencies and regional arts councils . . . and 60 percent for “competitively selected projects.”

Helen Stoilas from the Art Newspaper and Robin Pogrebin at the New York Times have also reported on the arts portion of the stimulus bill.

In a press release from last week, Americans for the Arts argued that 100,000 nonprofit arts organizations and their audiences generate $166.2 billion annually in US economic activity, supporting 5.7 million jobs and providing nearly $30 billion in government revenue. While politicians debated the merits of including the arts in the economic-recovery package, some stood firm. On the House floor last Friday, Congressman David Obey (D-WI) stated: “There are five million people who work in the arts industry. And right now they have 12.5 percent unemployment—or are you suggesting that somehow if you work in that field, it isn’t real when you lose your job, your mortgage, or your health insurance? We’re trying to treat people who work in the arts the same way as anybody else.”

The New York Times has published a full breakdown of the $787 billion, although arts and education funding don’t appear in standalone categories. However, Doug Lederman at Inside Higher Ed once again lists higher-education allotments in the House and Senate bills, as well as amounts in the final compromise that was approved by President Obama.

While groups like Americans for the Arts and CAA applaud the provisions for art and education in the American Recovery and Reinvestment Act, others point out larger issues. In the Wall Street Journal, Greg Sandow writes that “Fifty million dollars . . . is just a bubble on a wave” and feels that arguments about the economic value of the arts need closer examination. Tyler Green of Modern Art Notes also casts a skeptical eye on the NEA funding, suggesting that people in the arts should “join Washington’s think-tank culture . . . to develop new ideas about how government should be involved in the arts (and not just in one little agency, but across the federal apparatus).”

 

Yesterday the US Senate passed its version of an $838 billion stimulus bill, entitled the American Recovery and Reinvestment Act, with a 61 to 37 vote. The legislation included the Coburn Amendment, which eliminated a $50 millionprovision for the National Endowment for the Arts that was included in the House of Representatives’ bill. The amendment, voted on last week, passed 73 to 24.

The Senate legislation, as Eddy Ramírez reports for US News and World Report, “is stripped of, among other funds, $16 billion for school construction and $40 billion more for states to fund schools.”

The Washington Post lists how senators voted on the American Recovery and Reinvestment Act. CAA encourages you to show your approval or disapproval to your congressional representatives, using Americans for the Arts’ Capwiz feature to send a customized letter.

The National Endowment for the Arts (NEA) announced yesterday the appointment of Patrice Walker Powell as acting chairman. In this position, she will provide oversight for agency grantmaking and day-to-day agency operations and supervise administrative activities. She assumed the role on January 29.

In 2008, Powell was appointed deputy chairman for states, regions, and local arts agencies. In that role, she was responsible for managing the agency’s grants and special projects involving a national network of governmental and nonprofit partners; small grant programs such as Challenge America Fast-Track; and the NEA’s AccessAbility activities that are also carried out in conjunction with state and regional organizations. Powell has been a staff member at the NEA since 1991.

In addition, Anita Decker was appointed by the White House as NEA director of government affairs effective February 4. In this role she manages the endowment’ relations with Congress and the White House, international and federal partnership programs, and the operations of the National Council on the Arts. Previously, Decker was on the staff of President Barack Obama’s election campaign.

On January 14, 2009, CAA President Paul Jaskot and CAA Executive Director Linda Downs sent a letter to Bill Ivey of President-elect Barack Obama’s transition team, discussing the needs of artists and scholars in the coming years.

CAA has signed onto letters with many other nonprofit organizations urging full funding for the National Endowment for the Arts (NEA), the National Endowment for the Humanities (NEH), and the Institute for Library and Museum Services (IMLS). However, CAA felt that it was necessary to have a separate voice on issues of importance to its members.

CAA will have a presence in Washington, DC, in March 2009 at the Humanities Advocacy Day and Arts Advocacy Day. Jaskot and Downs will be making separate appointments to visit the new chairs of the NEA, NEH and IMLS once they have been appointed.

CAA Letter to President-Elect Barack Obama

January 14, 2009

President-elect Barack Obama
President-elect Transition Team

Dear President-elect Barack Obama:

College Art Association, representing over 16,000 artists, art historians, scholars, curators, collectors, art publishers, universities, and libraries, looks forward to working with you and your administration to ensure the revitalization of support for professional artists and art historians in America.

College Art Association:

• Promotes excellence in scholarship and teaching in the history and criticism of the visual arts and in creativity and technical skill in the teaching and practices of art;
• Facilitates the exchange of ideas and information among all people interested in art and the history of art;
• Advocates comprehensive and inclusive education in the visual arts;
• Speaks for its membership on issues affecting the visual arts and humanities;
• Publishes scholarly journals, art criticism, and artists’ writings;
• Fosters career development and professional advancement;
• Identifies and develops sources of funding for the practice of art and for scholarship in the arts and humanities;
• Supports and honors the accomplishments of artists, art historians, and critics; and
• Articulates and affirms the highest ethical standards in the conduct of the profession.

As the leading association in the world that represents professional visual-arts practitioners, CAA endorses your campaign platform’s support of the arts. We strongly agree that in order to remain competitive in the global economy America must reinvigorate the creativity and innovation that has made this country great.

CAA would like your Administration to include not only community arts organizations in its arts program of support but, also, to give greater focus to professional artists and art historians in academia, art museums, and independent professional visual-arts practitioners. Visual art must be reinstated as a respected and esteemed profession in America.

CAA advocates that professionally educated artists and art historians teach K–16 students. To meet this end we must offer all students, K–16, equal access to visual-arts education taught by professionally trained instructors in studio art and art history.

We also believe that public/private partnerships should expand not only between schools and communities but also among the academic community within colleges, universities, and art schools.

We endorse the creation of an art corps comprised of professionally educated artists and art historians who will work with students in urban schools on community-based projects that raise the awareness of the importance of creativity and professional artists. CAA would also like to see an emphasis on visual arts in government-sponsored projects such as AmeriCorps, in both urban and rural areas that address job preparation as well as environmental issues. Professional artists are eager to work on environmental programs that involve community-organized design projects.

CAA would like to emphasize that, in order to publicly champion the importance of arts education, America needs to support the proper preparation and training of artists and art historians who teach at the primary, secondary, and college/university levels. Visual arts need to become part of the core curriculum in each grade and at every stage of education.

CAA fully supports increased funding for the National Endowment for the Arts, the National Endowment for the Humanities, and the Institute for Library and Museum Services. Specifically, professional artists need to be supported on an individual basis, and we strongly recommend reinstatement of the Individual Artist Fellowship program to enable our best artists to pursue and develop their work. We have found that grants to other areas of the arts and humanities far exceed federal and private foundation grants to professional visual artists. It would be an outstanding legacy of this administration to again make federal support of the arts a priority in defending the promotion of our nation’s cultural heritage.

CAA supports legislation that will allow scholars to publish so-called orphan works, which are copyrighted works—such as books, pictures, music, recordings, or films—whose copyright owners cannot be identified or located. This legislation has been introduced in prior Congresses, and we hope it will be passed during the new Congress. Due to the risks of publishing copyrighted material without obtaining permission, many art historians and scholars are unable to publish orphan works, thereby causing great detriment to scholarly publishing, research and public access to these works. At the same time, orphan works legislation must be carefully crafted in respect to the legitimate interests and concerns of visual artists, including photographers.

CAA supports your platform for cultural diplomacy by enhancing international opportunities offered through agencies, such as the United States Information Agency, for exhibitions, teaching, research, and lecture tours by professional visual artists and art historians. CAA’s international membership testifies to the promotion of cultural understanding that occurs through international cultural exchange. Every year CAA seeks funding to support travel of international artists and art historians to its Annual Conference. Current Homeland Security laws and a lack of government funding make it difficult for foreign artists and scholars to present their work and research at conferences of their peers. CAA endorses streamlining the visa process and providing government support for international exchanges of graduate students and professional artists and art historians.

CAA supports providing health care to professional artists and art historians. This is a major concern for professional artists and art historians who are not associated with a college, university, or art museum and attempt to work independently to support themselves. As you are aware, each state has its own laws on insurance. Professional organizations such as CAA would like to offer national healthcare coverage for artists but are prohibited from offering insurance to its members due to differences in state laws. CAA endorses the creation of a National Health Insurance Exchange as one step in the direction of coverage for artists. In the meantime, we encourage you to press for government reforms of insurance laws so that professional organizations such as CAA will be in a position to assist its members to obtain universal coverage.

CAA endorses tax fairness for artists. We have worked hard—and will continue to work hard—to support the Artist-Museum Partnership Act, which was introduced in the prior Congress by Senator Patrick Leahy (D-VT). The Act amends the Internal Revenue Code to allow artists to deduct the fair market value of their work, rather than just the costs of the materials, when they make charitable contributions of that work. Not only has the current tax law been harmful to artists, the creative legacy of a whole generation of professional visual artists has not been donated to our great public institutions because of disincentives to donate created by the current tax laws.

CAA realizes that change takes the support and involvement of every member of society. CAA is committed to promoting the support of professional visual artists and art historians in all areas of American society. We stand ready to help provide information on visual arts professionals, suggestions for specific programs, or any other aid that you may find helpful in promoting a better world for artists and art historians in America.

With your leadership and the groundswell of support for activism, we can reestablish the professional visual-arts practitioner as a contributor to positive cultural change in America.

Sincerely yours,

Paul Jaskot, President, CAA, and Professor of Art and Art History, DePaul University; and Linda Downs, Executive Director, CAA

The Americans for the Arts Action Fund PAC issued today its Congressional Arts Report Card, covering the 110th Congress (2007-2009). The entire Report Card contains letter grades and numerical scores of every member of Congress based on his or her voting record on arts issues.

“As the arts and arts education increasingly established a foothold during this year’s presidential campaign trail, the Report Card will serve as a compelling guide for the public to make overall arts-informed decisions at the ballot box on Election Day,” said Robert L. Lynch, president and CEO of the Americans for the Arts Action Fund. “Although the Report Card shows that Congress is progressively acknowledging the importance of the arts and arts education, further support is needed in arts funding.”

The 2008 Congressional Arts Report Card reveals that 181 members (43 percent) of Congress received a grade of A or higher. When the grades of the members of each state delegation are averaged on a state-by-state basis, the highest scoring state delegation is Maine, with a perfect score of 100. Alaska and Wyoming are the lowest scoring state delegations with a score of 20 points each. Additionally, the Arts Report Card shows that support for the arts is bipartisan and growing, as evidenced in the nearly 24 percent increase in membership of the Congressional Arts Caucus since 2000. Also, 21 representatives improved their Report Card scores by one letter grade or more from their 2006 Report Card grade.