Advocacy

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.

At Arts Advocacy Day 2011, CAA representatives from five states—Connecticut, Georgia, Pennsylvania, New York and Texas—will meet congressional staff to advocate for the visual arts in higher education. Organized by Americans for the Arts, of which CAA is a member institution, the annual event will take place April 4–5, 2011, in Washington, DC. CAA delegates will address the following issues of critical importance and invite you to register and get involved.

As the leading association in the world that represents professional visual-arts practitioners, CAA endorses government support of creativity and innovation that has made this country great.

CAA seeks support for artists and art historians who work in colleges, universities, and art museums, as well as for independent artists and scholars. The federal government must support professionals in the visual arts like it does for practitioners and scholars in other arts, such as dance and music. The professional practice, study, and teaching of the visual arts deserve further support because of the power these disciplines have to educate, inspire, and stimulate independent thinking.

CAA also believes that public and private partnerships should expand not only between schools and communities but also among the academic community in colleges, universities, and art schools.

CAA fully endorses the creation of an art corps comprising professionally educated artists and art historians who will work with students in urban schools on community-based projects, raising an awareness of the importance of creativity and professional artists. CAA also encourages government-sponsored projects such as Americorps and Vista to emphasize the visual arts. Young artists are eager to work on environmental programs that involve community-organized design projects such as, for example, mine-reclamation endeavors in which community recreation centers are established near cleaning pools for toxic mine runoff to help redevelopment the land.

CAA would like to emphasize that, in order to champion publicly the importance of arts education, America must support the preparation of artists and art historians who teach on a primary, secondary, and college/university level. The visual arts are integral to core curricula 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 must supported on individual bases. CAA strongly recommends that the NEA reinstate Individual Artist Fellowships, so that visual artists can pursue and develop their work. Similar grants in other areas of the arts and humanities far exceed federal and private foundation grants to professional visual artists, who are often forced to abandon their own work to support themselves and their families. Professional artists desperately need government support.

CAA supports legislation to change tax laws for artists. The organization has worked hard—and will continue to work hard—to support the Artist-Museum Partnership Act, first introduced by Senator Patrick Leahy (D-VT) in 2005. The proposed act would amend the Internal Revenue Code to allow artists to deduct the fair market value of their work, rather than just the costs of materials, when they make charitable contributions. Not only has the current tax laws been harmful to artists, the creative legacy of a whole generation of American visual artists has been lost.

In addition, CAA supports legislation that would 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. The House of Representatives and Senate has previously introduced orphan-works bills, and CAA hopes Congress will pass one in the coming session. The lack of clear laws and procedures regarding the issue has prevented many art historians from publishing orphan works, causing a great detriment to scholarly publishing and research.

CAA supports cultural diplomacy by enhancing international opportunities, through agencies such as the United States Information Agency, for professional visual artists and art historians to exhibit, teach, research, and lecture. CAA’s international membership testifies to the promotion of cultural understanding that occurs through international cultural exchange. Every year CAA seeks funding to support the travel of international art historians and artists to our Annual Conference. Current Homeland Security laws and a lack of government funding make it difficult for foreign art historians and artists to present their work and research at conferences, symposia, and exhibitions. 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 healthcare to independent artists and scholars—a major concern for those professionals who are not associated with a college, university, or art museum and who attempt to work on their own to support themselves. Each state creates its own health-insurance legislation, and thus differences in laws regulating insurance companies prohibit professional organizations such as CAA from offering national healthcare coverage.

An untitled bill introduced last week in the US Senate may loosen recent government restrictions on fractional gifts of works of art to museums, reports Shelly Banjo of the Wall Street Journal. Senator Charles Schumer (D-NY), whose state contains many important art museums, patrons, and philanthropists, is sponsoring S 1605, which would reform the rules regulating fractional charitable donations of tangible personal property.

Fractional gifts—which allow Americans to give partial ownership rights of an artwork to a museum or charitable organization and take an income-tax deduction for the donated portion of its value—were common practice in the museum world until 2006, when provisions put into the Pension Protection Act of 2006 by Senator Charles E. Grassley (R-IA) made partial gifts less attractive for donors. (Namely, that work must be fully donated within ten years of the initial fractional gift, and that the value of the artwork is capped when the first gift is made.) Since then, museums noticed that the practice of fractional gifts has nearly disappeared.

Here’s more background information on fractional gifts in the New York Times in 2006 and 2008.

Andrea Kirsh, an independent art historian based in Philadelphia, Pennsylvania, and a member of the CAA Board of Directors, was one of several CAA delegates who attended Humanities Advocacy Day and Arts Advocacy Day, both of which took place in March 2009 in Washington, DC.

In an article for the forthcoming May issue of CAA News that is also posted online, she writes about her experiences advocating for increased funding for the National Endowment for the Arts and National Endowment for the Humanities, among other government programs and legislation.

Photo: The Grammy-nominated singer-songwriter Josh Groban (center) advocates for the arts with CAA board member Judith Thorpe (left) and Jean Miller at the Congressional Breakfast during Arts Advocacy Day

The Artist-Museum Partnership Act of 2009, legislation introduced in both houses of Congress, would allow a fair-market-value tax deduction for charitable contributions of literary, musical, artistic, or scholarly compositions to collecting institutions such as museums, libraries, and archives. At present, a donating artist, writer, or composer can only deduct the cost of materials used to create the work, which is not a fair incentive to donate and also hurts the missions of public and nonprofit institutions nationwide to increase public access to these unique creations.

The sponsors of the bill—Senators Patrick Leahy (D-VT) and Robert Bennett (R-UT) for S 405 and Representatives John Lewis (D-GA) and Todd Platts (R-PA) for HR 1126—hope that past enthusiasm for such legislation will grow in the current 111th Congress. Although similar Senate bills have passed five times in previous years, the House version of the bill in the 110th Congress had 111 cosponsors. Now that a new Congress is underway, more cosponsors are needed to help advance the bill.

The American Association of Museums has worked with the Association of Art Museum Directors to provide a draft letter that you can use to encourage your federal lawmakers to cosponsor the bill. With your help, this important legislation for both artists and institutions can move forward.