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.

Earlier this year, the Coalition on the Academic Workforce (CAW) published an issue brief estimating 72.5 percent of all faculty members at American colleges and universities are contingent, that is, they do not have tenure or are not on the tenure track. Since no comprehensive national data exist for pay scales, benefits, working conditions, and involvement in departmental decision-making—let alone specifics on academic-based artists and art historians, and for university museum researchers—this figure cannot be verified.

For this reason, CAW has developed a Survey of Contingent Faculty Members and Instructors, which will examine compensation and working conditions, among other issues, at the institutional and course levels. The goal of the survey, which is live from September 27 to November 30, 2010, is to gather accurate information so that CAW may advocate more effectively at the local and national level.

As an active CAW member, CAA supports workforce equity through its Standards and Guidelines, advocacy efforts, and data compilation, and it urges all contingent faculty, instructors, and researchers to complete this survey and to alert others to do the same.

Open to full- and part-time teachers, graduate students (remunerated as teaching assistants or employed in other roles), researchers, and postdoctoral fellows, the survey is an excellent opportunity for CAW to count contingent faculty properly and record their working conditions. Survey results will be shared with you once they are compiled. This information will also contribute to a national database that will assist future advocacy work.

CAA specifically requested that the survey include distinct categories for artists, art historians, and related researchers, so that the visual arts will be fully represented. On an individual level, the conclusions drawn may help determine your working conditions in relation to national trends. Results will also inform specific CAA Contingent Faculty Standards and Guidelines, as well as future advocacy by CAA on your behalf.

Take the Survey of Contingent Faculty Members and Instructors now. If you have questions about it or about CAW, please contact Linda Downs, CAA executive director.

Read reactions to the survey in Inside Higher Ed.

Despite the humanities playing a core role in higher education with strong student interest, four-year colleges and universities are increasingly relying on a part-time, untenured workforce to meet the demand. These facts, common knowledge to many professors, have been confirmed in the recently released results of the Humanities Departmental Survey, conducted by the American Academy of Arts and Sciences and a consortium of disciplinary associations, including CAA.

The survey includes data collected from departments of art history, English, foreign languages, history, the history of science, linguistics, and religion at approximately 1,400 colleges and universities. It is the first comprehensive survey to provide general cross-disciplinary data on humanities departments. The results are available on the academy’s Humanities Resource Center Online.

According to the Humanities Departmental Survey:

• Across the humanities, but especially in English and combined English and foreign-language departments, professors at four-year colleges and universities are evolving into a part-time workforce. During the 2006–7 academic year, only 38 percent of faculty members in these departments were tenured. English departments had the greatest proportion of non-tenure-track faculty (49 percent)
• When minors are included, undergraduate participation in humanities programs is about 82 percent greater than counting majors alone would suggest. For the 2006–7 academic year, 122,100 students completed bachelor’s degrees and 100,310 completed minor degrees in the three largest humanities disciplines: English, foreign languages, and history
• Reflecting the demands of a global economy, student interest in foreign language is strong: during the 2006–7 academic year, foreign-language departments awarded 28,710 baccalaureate degrees and had the largest number of students completing minors (51,670). Yet investment in a stable professoriate to teach and study foreign languages and literatures appears to be declining, with a significant reduction in recruitment of full-time faculty members (39 percent fewer recruitments for full-time positions in 2008–9 than hires for 2007–8) and fewer total graduate students than faculty members, the only surveyed discipline for which this was the case
• Turnover rates among humanities faculty were low—only 2.5 percent of humanities faculty left the profession through departure, retirement, or death during the two academic years preceding the survey. Combined with recently instituted hiring freezes on many campuses, career opportunities for the next generation of scholars (there were approximately 84,000 graduate students in the surveyed fields during the 2006–7 academic year) are limited
• Approximately 87 percent of humanities departments reported that their subject was part of the core distribution requirements at their institution

The survey results provide a snapshot of US humanities departments at the end of the first decade of the twenty-first century. The survey covers a broad range of topics, including numbers of departments and faculty members, faculty distributions by discipline, courses taught, tenure activity, undergraduate majors and minors, and graduate students. The data provide new information about each of the disciplines; they also allow comparisons across disciplines. These data are especially important because the US Department of Education has indefinitely suspended the only nationally representative survey providing information about humanities faculty, the National Study of Postsecondary Faculty.

Several national learned societies collaborated with the American Academy of Arts and Sciences to develop, field, and interpret data gathered by the Humanities Departmental Survey: the American Academy of Religion; the American Historical Association; the College Art Association; the History of Science Society; the Linguistic Society of America; and the Modern Language Association. The American Council of Learned Societies and the American Political Science Association also provided important assistance. The survey was administered by the Statistical Research Center of the American Institute of Physics, which also performed the basic data analysis.

Even though the humanities disciplines represent an essential core of the liberal-arts curriculum, they have long been data deprived. The empirical data now available in the survey, along with the rich collection of information already found in the Humanities Indicators, begin to fill that gap and to establish baselines that will allow stakeholders to track trends in the future. The academy hopes that the Humanities Departmental Survey can be expanded to include additional disciplines and updated regularly, producing trend data that could be incorporated into the Humanities Indicators.

Launched in 2009, Humanities Indicators include data covering humanities education from primary school through the graduate level; the humanities workforce; humanities funding and research; and the humanities in civic life. Modeled after the National Science Board’s Science and Engineering Indicators, the Humanities Indicators serve as a resource to help scholars, policymakers, and the public assess the current state of the humanities. The academy continues to update and expand the Humanities Indicators.

The academy looks forward to working with the National Endowment for the Humanities to advance this critical work. The Teagle Foundation provided support for the Humanities Departmental Survey project, and grants from the William and Flora Hewlett, Andrew W. Mellon, and Rockefeller Foundations have advanced the academy’s overall humanities data initiative.

Those who wish to receive announcements of new data and research on the humanities can subscribe to an email alert system at the Humanities Resource Center Online.

Responses

The American Academy of Arts and Sciences has posted PDFs of two response papers, from David Laurence and Robert Townsend, on its website for download.

For journalistic analyses of the project, please read Scott Jaschik’s “State of Humanities Departments” at Inside Higher Ed and Jennifer Howard’s “Humanities Remain Popular Among Students Even as Tenure-Track Jobs Diminish” at the Chronicle of Higher Education.

The Coalition on the Academic Workforce (CAW)—of which CAA is a member organization—has released a new issue brief calling on institutions of higher education to work toward ensuring that all college and university faculty members are recognized and supported as professionals committed to providing a quality education to all students. Called “One Faculty Serving All Students,” the brief calls for improvements in the current staffing ratios at colleges and universities, increased support for faculty serving in contingent positions, and inclusion of all faculty members in the work and life of their institutions.

“The public has a large investment in higher education and expects a solid return on that investment,” said Rosemary Feal, executive director of the Modern Language Association. “For four decades, however, institutions have increasingly shifted teaching responsibilities to an ever-larger body of dedicated but underpaid and undersupported contingent faculty. It’s time for institutions to shift priorities by increasing the number of full-time faculty members in the academic workforce and by providing equitable pay, working conditions, and job security to both full- and part-time teachers whose work with students is at the core of the college experience.”

The brief sets forth four broad principles:

1. All faculty members need to receive compensation and institutional support and recognition commensurate with their status as professional
2. All faculty members should be aware of the recommended standards and guidelines for the academic workforce issued by their professional associations and faculty organizations
3. All faculty members should have access to key information on academic staffing in their departments and institutions and use this information to advocate for change
4. All long-term faculty members need to be fully enfranchised to participate in the work and life of the department and institution

“Many of the organizations in CAW have being working extremely hard on these issues and have adopted policy statements of their own,” said Linda Downs, CAA executive director. “We felt that it was important to identify areas that we could also work on as a coalition, particularly in terms of activating our collective memberships.”

CAW will work to promote adoption of the goals of this issue brief and will continue to advocate equitable and fair treatment for all members of the higher-education academic workforce.

The Coalition on the Academic Workforce (CAW) is a group of higher-education associations, disciplinary associations, and faculty organizations committed to working on the issues associated with the deteriorating conditions of faculty working conditions and the impact of these trends on the success of college and university students in the United States. A complete list of CAW members is available at www.academicworkforce.org.

Please feel free to download and distribute the issue brief.

Read more discussion about the story at Inside Higher Ed and the Chronicle of Higher Education.

Part-time faculty in the state of Oregon scored a victory late last month, when their state legislature overwhelmingly approved the Oregon Faculty and College Excellence (FACE) Act. The bill will provide access to healthcare insurance to part-time faculty at community colleges and universities through the Oregon Educator’s Benefit Board plan. The bill also requires schools to track and annually report on faculty staffing and salary ratios, to be reviewed by the legislature and governor.

The Senate vote was unanimous: 30-0; the House passed the bill 54 to 1. The FACE Act now goes to Oregon Governor Ted Kulongoski for his signature. Jillian Smith and Rob Wagner from AFT Oregon have the complete story.

Faculty and College Excellence (FACE), a branch of the American Federation of Teachers, is a national campaign that advocates for equity in pay and benefits for contingent faculty members through organizing, legislative advocacy, and collective bargaining. Another goal is to ensure that three-quarters of undergraduate courses are taught by full-time tenure and tenure-track faculty, and that qualified contingent faculty have the opportunity to move into such positions when they become available. The Oregon legislation is the first time that elements of FACE have been adopted by a state.

CAA has 135 individual and 21 institutional members in Oregon.

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.