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Artists’ Royalties Act Introduced by Nadler

posted by Linda Downs


Congressman Jerrold Nadler has reintroduced a revised bill, The American Royalties Too Act 2015, to provide royalties to visual artists whose work is resold and valued at over $5,000.

H. R. 1881

To amend title 17, United States Code, to secure the rights of visual artists to copyright, to provide for resale royalties, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES
April 16, 2015
Mr. Nadler (for himself, Ms. Slaughter, Ms. Chu of California, Ms. Jackson Lee, Mr. Engel, Ms. Meng, Mr. Deutch, Ms. Schakowsky, and Mr. Pocan) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend title 17, United States Code, to secure the rights of visual artists to copyright, to provide for resale royalties, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “American Royalties Too Act of 2015”.

SEC. 2. Definitions.

Section 101 of title 17, United States Code, is amended—

(1) by inserting after the definition of “architectural work” the following:

(2) by inserting after the definition of “Pictorial, graphic, and sculptural works” the following:

(3) by inserting after the definition of “registration” the following:

(4) in the definition of “work of visual art”, by striking “A ‘work of visual art’ is—” and all that follows through “by the author.” and inserting the following: “A ‘work of visual art’ is a painting, drawing, print, sculpture, or photograph, existing either in the original embodiment or in a limited edition of 200 copies or fewer that bear the signature or other identifying mark of the author and are consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author.”.

SEC. 3. Exclusive rights.

Section 106 of title 17, United States Code, is amended—

(1) by inserting “(a) In general.—” before “Subject to sections 107 through 122”;

(2) in paragraph (5), by striking “and” at the end;

(3) in paragraph (6), by striking the period at the end and inserting “; and”; and

(4) by adding at the end the following:

“(7) in the case of a work of visual art, to collect a royalty for the work if the work is sold by a person other than the author of the work for a price of not less than $5,000 as the result of an auction.

“(b) Collection of royalty.—

“(1) IN GENERAL.—The collection of a royalty under subsection (a)(7) shall be conducted in accordance with this subsection.

“(2) CALCULATION OF ROYALTY.—

“(A) IN GENERAL.—The royalty shall be an amount equal to the lesser of—

“(i) 5 percent of the price paid for the work of visual art; or

“(ii) $35,000.

“(B) ADJUSTMENT OF AMOUNT.—In 2016 and each year thereafter, the dollar amount described in subparagraph (A)(ii) shall be increased by an amount equal to the product of—

“(i) that dollar amount; and

“(ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the year, determined by substituting ‘calender year 2016’ for ‘calendar year 1992’ in subparagraph (B) thereof.

“(3) COLLECTION OF ROYALTY.—

“(A) COLLECTION.—Not later than 90 days after the date on which the auction occurs, the entity that conducts the auction shall—

“(i) collect the royalty; and

“(ii) pay the royalty to a visual artists’ copyright collecting society.

“(B) DISTRIBUTION.—Not fewer than 4 times each year, the visual artists’ copyright collecting society shall distribute to the author or his or her successor as copyright owner an amount equal to the difference between—

“(i) the net royalty attributable to the sales of the author; and

“(ii) the reasonable administrative expenses of the collecting society as determined by regulations issued under section 701(b)(5).

“(4) FAILURE TO PAY ROYALTY.—Failure to pay a royalty provided for under this subsection shall—

“(A) constitute an infringement of copyright; and

“(B) be subject to—

“(i) the payment of statutory damages under section 504(c); and

“(ii) liability for payment of the full royalty due.

“(5) RIGHT TO COLLECT ROYALTY.—The right to collect a royalty under this subsection may not be sold, assigned, or waived except as provided in section 201.

“(6) ELIGIBILITY TO RECEIVE ROYALTY PAYMENT.—The royalty shall be paid to—

“(A) any author of a work of visual art—

“(i) who is a citizen of or domiciled in the United States;

“(ii) who is a citizen of or domiciled in a country that provides resale royalty rights; or

“(iii) whose work of visual art is first created in the United States or in a country that provides resale royalty rights; or

“(B) the successor as copyright owner of an author described in subparagraph (A).”.

SEC. 4. Notice of copyright.

Section 401 of title 17, United States Code, is amended by adding at the end the following:

“(e) Non-Applicability to works of visual art.—The provisions of this section shall not apply to a work of visual art.”.

SEC. 5. Copyright office.

Section 701(b) of title 17, United States Code, is amended by—

(1) redesignating paragraph (5) as paragraph (6); and

(2) inserting after paragraph (4) the following:

“(5) Issue regulations governing visual artists’ copyright collecting societies described in section 106, that—

“(A) establish a process by which an entity is determined to be and designated as a visual artists’ copyright collecting society, that—

“(i) requires that a visual artists’ copyright collecting society authorized to administer royalty collections and distributions under this title shall—

“(I) have prior experience in licensing the copyrights of authors of works of visual art in the United States; or

“(II) have been authorized by not fewer than 10,000 authors of works of visual art, either directly or through reciprocal agreements with foreign collecting societies, to license the rights granted under section 106; and

“(ii) prohibits an entity from being designated as a visual artists’ copyright collecting society if, during a period of not less than 5 years that begins after the date on which the entity is designated as a visual artists’ copyright collecting society, the entity does not distribute directly to each author, or to the successor as copyright owner of each author, the amount of the royalties required to be distributed under section 106(b)(3)(B);

“(B) determine a reasonable amount of administrative expenses that a visual artists’ copyright collecting society may deduct from the royalties payable to an author of a work of visual art under section 106(b)(3); and

“(C) establish a process by which—

“(i) not less frequently than annually, a visual artists’ copyright collecting society may request from any entity that conducts auctions a list of each work of visual art sold in those auctions that is by an author represented by the collecting society; and

“(ii) an author of a work of visual art may obtain from a visual artists’ copyright collecting society any information requested by the collecting society under clause (i) that relates to a sale of a work of visual art by the author, including the amount of any royalty paid to the collecting society on behalf of the author.”.

SEC. 6. Study required.

Not later than 5 years after the date of enactment of this Act, the Register of Copyrights shall—

(1) conduct a study on—

(A) the effects, if any, of the implementation of this Act, and the amendments made by this Act, on the art market in the United States; and

(B) whether the provisions of this Act, and the amendments made by this Act, should be expanded to cover dealers, galleries, or other professionals engaged in the sale of works of visual art; and

(2) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the study described in paragraph (1), including any recommendations for legislation.

SEC. 7. Effective date.

This Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act.

 



Filed under: Artists, Government and Politics

News from the Art and Academic Worlds

posted by Christopher Howard


Each week CAA News publishes summaries of eight articles, published around the web, that CAA members may find interesting and useful in their professional and creative lives.

Next Practices in Digital

Next Practices in Digital and Technology comprises forty-one examples of recent and ongoing digital initiatives designed by AAMD member museums. From social media and mobile apps, to in-gallery interpretation and behind-the-scenes collections management, Next Practices in Digital and Technology explores the ways museums are using technology to advance accessibility, scholarship, education, and audience engagement. (Read more from the Association of Art Museum Directors.)

Dear Artists, Stop Turning in Bad Grant Applications (Part 1)

Show of hands—how many of you who’ve applied for a grant or fellowship have turned in your application on the deadline day, right before the post office closed or the website shut down, after dashing off an unspellchecked artist’s statement and recruiting friends to write your reference letters the night before? (Read more from GrantSpace.)

Dear Artists, Stop Turning in Bad Grant Applications (Part 2)

When panelists are reading through the material, this is the only impression we have of you. Often, the judging is blind and sourced from out of town. If not, and a panelist has a conflict of interest, they have to state that up front and inform the organization and withdraw themselves from the conversation about your work. So, typically your work will be reviewed and assessed by strangers. (Read more from GrantSpace.)

Time to Change the Rules of Negotiation

It is job-offer season, and lately I’ve received an inordinate number of inquiries related to “negotiating while female.” In addition to the normal jitters that come with going back and forth on an offer, it seems lots of women have heard about the Nazareth College case and read the research that suggests they must play into gender stereotypes in order to secure competitive deals. For example, they have been told that they should make requests on behalf of others rather than themselves so as not to seem pushy or aggressive. (Read more from Vitae.)

Should Art Respond to Science? On This Evidence, the Answer Is Simple: No Way

Physics—it really does your head in. That seems to be the less-than-enlightening message the Japanese visual artist and composer Ryoji Ikeda took from a residency at CERN in Geneva. Ikeda’s installation Supersymmetry, staged in the darkened uppermost level of a multistory car park, is apparently what you get when you introduce an artist to the world’s most advanced particle research institute and its renowned Large Hadron Collider: a lot of sound and light, signifying nothing. (Read more from the Guardian.)

Competing or Complementing: Art Loss Databases Proliferate

Stolen art seems to be ubiquitous and difficult to track. It is relatively easy to ship and sell around the world, and can remain easily hidden for decades. The owner faces the conflict of wanting to publicize the loss widely, while also keeping their personal lives private. The development of databases to record losses was first preceded by newsletter alerts of stolen art that proliferated in the arts community to halt sales with questionable provenance. (Read more from the Center for Art Law.)

Three Quarters of New Collectors Buy Art Online for Investment, Study Finds

Collectors who buy art online are increasingly doing it for investment, according to a report released by the fine-art insurance company Hiscox. As many as 63 percent are driven by the value potential of works of art, with 75 percent of new buyers saying they buy art for investment. However, 93 percent of respondents say they collect for passion. Robert Read, the head of fine art at Hiscox, says rapid growth in the contemporary art market, coupled with a lack of options in other markets, is enticing people to “get on the art ladder.” (Read more from the Art Newspaper.)

Tax Break Used by Investors in Flipping Art Faces Scrutiny

Introduced in the 1920s to ease the tax burden of farmers who wanted to swap property, it soon became a tool for real-estate investors flipping, say, office buildings for shopping malls. Now, this little-known provision in the tax code, known as a like-kind exchange, has become a popular tactic for a new niche of investors: buyers of high-end art who want to put off—and sometimes completely avoid—federal taxes when upgrading their Diebenkorns for Rothkos. (Read more from the New York Times.)



Filed under: CAA News

Support CAA’s Annual Fund

posted by Nia Page


Since 1911, the College Art Association has served the individuals and institutions that make up the world’s largest professional association in the visual arts. As you know, CAA supports and enhances the community in the visual arts through advocacy efforts; vital professional documents like CAA’s Standards and Guidelines; critical projects like the Code of Best Practices in Fair Use for the Visual Arts; prestigious publishing grants for book manuscripts; career-development resources including the Online Career Center; important new writing and scholarship published in The Art Bulletin, Art Journal, and caa.reviews; and CAA’s central forum for exchange of creative work and scholarly research at the Annual Conference.

What you may not realize is that CAA does a great deal behind the scenes to support its members. The organization subsidizes more than half of its members through discounted memberships for students, retirees, part-time faculty, and independent artists and scholars, and it provides reduced conference registration fees for student and retired members. CAA’s Strategic Plan (2015–2020) has made part-time faculty issues a priority, and the organization recently asked tenured faculty and administrators in the visual arts to implement its Guidelines for Part-Time Professional Employment. CAA has even devoted an entire website section providing resources for part-time faculty. At the conference, CAA offers Professional-Development Workshops and mentoring opportunities to artists, art historians, designers, and students at the Annual Conference. It also presents ARTspace, an annual forum of programming designed by artists for artists that is free and open to the public.

Today, I ask that you support all that CAA does with a gift to the Annual Fund.

Your contribution to the Annual Fund will enable CAA to continue providing invaluable resources to its members. Voluntary support from CAA members is critical to our collective advancement, and your contribution to the Annual Fund makes this important work possible.

On behalf of the artists, art historians, curators, critics, collectors, designers, educators, and other professionals who make up CAA, I thank you for your dedication. Please give generously!

Sincerely,

John J. Richardson
Vice President for External Affairs



Filed under: Development

CAA Salutes Its Fifty-Year Members

posted by Nia Page


CAA warmly thanks the many contributions of the following dedicated members who joined CAA in 1965 or earlier. This year, the annually published list welcomes eighteen artists, scholars, and curators whose distinguished exhibitions, publications, and teaching practices have shaped the direction and history of art over the last fifty years.

1965: Jean M. Borgatti; Norma Broude; Wanda M. Corn; Elaine K. Gazda; Diana Gisolfi; Dorothy F. Glass; Andree M. Hayum; Ellen V. Kosmer; Lillian D. MacBrayne; Jerry D. Meyer; Ann Lee Morgan; Myra N. Rosenfeld-Little; Ted E. Stebbins; Eugenia Summer; Charles Talbot; MaryJo Viola; Michele Vishny; and Wallace E. Weston.

1964: Richard J. Betts; Ruth Bowman; Vivian P. Cameron; Kathleen R. Cohen; Paula Gerson; Ronald W. Johnson; Jim M. Jordan; William M. Kloss; Rose-Carol Washton Long; Phyllis Anina Moriarty; Annie Shaver-Crandell; Judith B. Sobre; and Alan Wallach.

1963: Lilian Armstrong; Richard Brilliant; Eric G. Carlson; Vivian L. Ebersman; Francoise Forster-Hahn; Walter S. Gibson; Caroline M. Houser; Susan Koslow; E. Solomon; Lauren Soth; Richard E. Spear; Roxanna A. Sway; Athena Tacha; and Roger A. Welchans.

1962: Jo Anne Bernstein; Phyllis Braff; Jacquelyn C. Clinton; Shirley S. Crosman; Frances D. Fergusson; Gloria K. Fiero; Jaroslav Folda; Rosalind R. Grippi; Harlan H. Holladay; Seymour Howard; Alfonz Lengyel; Mary L. Maughelli; David Merrill; Francis V. O’Connor; John T. Paoletti; Aimee Brown Price; Nancy P. Sevcenko; Thomas L. Sloan; Elisabeth Stevens; Anne Betty J. Weinshenker; and William D. Wixom.

1961: Matthew Baigell; Margaret Diane David; Bowdoin Davis Jr.; David Farmer; J. D. Forbes; Isabelle Hyman; Henry A. Millon; Marion E. Roberts; and Conrad H. Ross.

1960: Shirley N. Blum; Kathleen Weil-Garris Brandt; Dan F. Howard; Eugene Kleinbauer; Edward W. Navone; Linda Nochlin; and J. J. Pollitt.

1959: Adele M. Ernstrom; Geraldine Fowle; Carol H. Krinsky; James F. O’Gorman; and Ann K. Warren.

1958: Samuel Y. Edgerton Jr.; Carla Lord; Damie Stillman; and Clare Vincent.

1957: Marcel M. Franciscono; Bruce Glaser; E. Haverkamp-Begemann; Jane Campbell Hutchison; and Susan R. McKillop.

1956: Svetlana L. Alpers; John Goelet; Joel Isaacson; and Jack J. Spector.

1955: Lola B. Gellman; Irving Lavin; and Suzanne Lewis.

1954: Franklin Hamilton Hazlehurst; Patricia Cummings Loud; Thomas J. McCormick; Jules D. Prown; Irving Sandler; and Lucy Freeman Sandler.

1953: Dorathea K. Beard; Margaret McCormick; and Jack Wasserman.

1951: Wen C. Fong.

1950: Alan M. Fern; and Marilyn J. Stokstad.

1949: Ann-Sofi Lindsten.

1947: David G. Carter; Ellen P. Conant; and Ilene H. Forsyth.

1945: James S. Ackerman.



News from the Art and Academic Worlds

posted by Christopher Howard


Each week CAA News publishes summaries of eight articles, published around the web, that CAA members may find interesting and useful in their professional and creative lives.

Democrats Lobby for US Artists’ Economic Rights with Two Bills

Two bills introduced in Congress aim to improve the lives of artists. One proposal seeks to bring droit de suite, also known as the artist’s resale royalty, to the United States. The other encourages artists to donate their own work to museums by allowing them to deduct the works’ fair market value from their taxes. Both bills have been proposed repeatedly in recent years but have never successfully passed into law. (Read more from the Art Newspaper.)

The Four-Hour Art Week? Read Carol Bove’s Self-Help Guide for Artists

The sculptor Carol Bove likes to play with associations and forms as she builds her assemblages of constructed and readymade objects. Time and space to experiment are crucial elements of her process, as is a certain psychological sovereignty—Bove writes that “creating a nonpurposive, free space in which to play and have fun is essential.” Here, the Brooklyn-based artist gives her best advice for finding happiness (rather than “succeeding”) as an artist, excerpted in its entirety from the new book AKADEMIE X: Lesson in Art + Life. (Read more from Artspace Magazine.)

Ten Techniques from Professional Artists for Breaking through Creative Blocks

Danielle Krysa had a successful career as a creative director for an advertising and branding agency in Canada. She was proud of her professional work but was secretly making her own art on the side. Krysa didn’t talk about her creative work with the same bravado that she approached her professional work. She rarely showed anyone what she was making and often felt a rush of jealousy when coming across the work of artists she admired. (Read more from Fast Company.)

The Art of Selling Art: Young Artists Navigate the Digital World

The art world has been slow to get online. But young artists are increasingly partnering with edgy digital start-ups to turn their creative passion into cash and reach new audiences—even if the big bucks are elsewhere. Nevertheless, online art sales are steadily growing, with 2.5 billion euros in revenue in 2013, according to the annual report of the European Fine Art Fair. (Read more from Deutsche Welle.)

Are Algorithms Conceptual Art’s Next Frontier?

In recent years, algorithms have been telling us what music to listen to, who we should date, what stocks we should buy, and even what we should eat. It comes as no surprise, then, that it should also tell us what art we should view. But what happens when the art we are looking at becomes the algorithm itself? (Read more from Artsy.)

There’s a Game for That: Teaching Art History with “Reacting to the Past”

When faculty facilitate involvement in activities such as simulations and games, and when students work collaboratively through role play and debate, deeper learning and transfer occurs. As part of my efforts to include more active and student-centered learning opportunities into my courses and to encourage knowledge, skills, and attitudes that support higher-order thinking tasks such as analysis, synthesis, and evaluation, I added a “Reacting to the Past” role-playing game to my introductory-level art-history course. (Read more from Art History Teaching Resources.)

Soap, Chocolate, and Dung—How to Preserve Materials Not Built to Last

Dung, soap, chocolate, plants, blood, hair, urine, light bulbs, petroleum, smoke, animals, and more beauty, hygiene, and medical products than you can find in most chemists: artists have explored an unprecedented range of materials and technologies since the start of the twentieth century. Many are untested for longevity, and others are ticking timebombs where deterioration is concerned. (Read more from the Art Newspaper.)

The Future of Museums Is Reaching Way beyond Their Walls

The American Museum of Natural History has always been one of the most popular destinations in New York. Even with this influx of people coming to its doorstep, the museum is equally focused on drawing a crowd beyond its campus. The museum today is a sprawling outreach institution that is using apps, social media, and educational programs to slowly grow its reach. (Read more from Fast Company.)



Filed under: CAA News

The Andrew W. Mellon Foundation has awarded a second grant of $60,000 to the College Art Association (CAA) to administer the Meiss/Mellon Author’s Book Award for one year. The award was first given to CAA in 2013 as a temporary measure to provide financial relief to early-career scholars in art history and visual studies who are responsible for paying for rights and permissions for images in their publications. The Meiss/Mellon Author’s Book Award will provide grants directly to emerging scholars to offset the costs of securing images for their first books. Recipients will be selected on the basis of the quality and financial need of their project, and awards will be made twice during the year (in the summer and fall). CAA anticipates awarding between ten and twelve Meiss/Mellon Author’s Book Awards in 2015.

Scholars may submit applications for the summer round of the Meiss/Mellon Author’s Book Award before the June 12, 2015 deadline. The fall deadline is September 15, 2015. CAA will administer the Meiss/Mellon Author’s Book Award according to guidelines developed for the Millard Meiss Publication Fund grant, an award established in 1975 by a generous bequest from the late Professor Millard Meiss. The jury for the award, comprising distinguished, mid-career or senior scholars whose specializations cover a broad range of art scholarship, has discretion over the number of and size of the awards. For further information about the award and to apply, please visit www.collegeart.org/meissmellon.

CAA seeks to alleviate high reproductions rights costs related to publishing in the arts. With funding from a separate, generous grant from the Andrew W. Mellon Foundation and a start-up grant from the Samuel H. Kress Foundation, CAA recently published its Code of Best Practices in Fair Use for the Visual Arts. Part of a multi-year effort led by Patricia Aufderheide and Peter Jaszi, the Code presents a set of principles addressing best practices in the fair use of copyrighted materials based on a consensus of opinion developed through discussions with visual-arts professionals.

For specific questions about applying to the Meiss/Mellon Author’s Book Award, please contact Sarah Zabrodski, CAA editorial manager, at szabrodski@collegeart.org or 212-392-4424.



News from the Art and Academic Worlds

posted by Christopher Howard


Each week CAA News publishes summaries of eight articles, published around the web, that CAA members may find interesting and useful in their professional and creative lives.

Modest Gains in Faculty Pay

First the good news: full-time faculty member salaries grew somewhat meaningfully year over year: 1.4 percent, adjusted for inflation, according to the American Association of University Professors’ Annual Report on the Economic Status of the Profession. Not adjusted for inflation, that’s about 2.2 percent across ranks and institution types, and 3.6 percent for continuing faculty members in particular. (Read more from Inside Higher Ed.)

For the Humanities, Some Good News Is Mixed with the Bad

In an otherwise grim picture of the field of humanities, there are still a few bright spots: financial support for academic research in the humanities, which is typically dwarfed by spending to support other fields, has increased in recent years, and there are signs of rising interest in the humanities at the high school and community-college levels. Those are some of the findings in a report released by the American Academy of Arts and Sciences. (Read more from the Chronicle of Higher Education.)

Facing Facts: Artists Have to Be Entrepreneurs

In order to be a successful—a word that I grapple with constantly—performing artist, you need to understand business fundamentals, and disseminating this information is crucial. How do you run a crowdfunding campaign that doesn’t make your friends block you on Facebook? How do you identify and brand (ugh … brand) your work? How do you really figure out who your audience is? (Read more from Howl Round.)

Mind the Gap: Art Museum Education, Academia, and the Future of Our Field

Dana Carlisle Kletchka of the Palmer Museum of Art delivered this keynote address at the National Art Education Association’s national convention last month after being honored by that organization as National Museum Education Art Educator of the Year. (Read more from Art Museum Teaching.)

Art Collectors Weigh Title Insurance

When you buy a piece of art, can you be sure it’s really yours? Many collectors don’t always feel certain on that score. They worry in some cases that after they make a purchase someone will show up, maybe years later, and claim the art was stolen at some point in the past—ultimately leaving the new owner empty handed, without the art or the money paid for it. That’s one reason many art advisers and lawyers recommend title insurance, which can at least partially protect a collector’s financial interests if a piece of art has to be surrendered. (Read more from the Wall Street Journal.)

Crystal, AIG Offer Conceptual Art Insurance for Private Clients

Crystal & Co., a strategic risk and insurance advisor, has partnered with AIG Private Client Group to create a new insurance product for private clients with collections of Conceptual art. A certificate is provided by the artist to authenticate an item and without this, the piece is considered worthless. Therefore, if the certificate was lost or damaged, the item may have lost most of its value, according to Crystal & Co. (Read more from the Insurance Journal.)

A Guide to Thesis Writing That Is a Guide to Life

How to Write a Thesis, by Umberto Eco, first appeared on Italian bookshelves in 1977. For Eco, the playful philosopher and novelist best known for his work on semiotics, there was a practical reason for writing it. Up until 1999, a thesis of original research was required of every student pursuing the Italian equivalent of a bachelor’s degree. Collecting his thoughts on the thesis process would save him the trouble of reciting the same advice to students each year. (Read more from the New Yorker.)

Your Teaching Headspace

After my job talk, I was focusing on people’s questions about my scholarship during the Q&A period—and deeply in my “research headspace”—when all of a sudden someone asked: “What is your approach to teaching and how do you teach X concept?” He wasn’t asking how my research informs my teaching. He was just asking about my teaching. Isn’t that a strange question in a job talk Q&A? (Read more from Vitae.)



Filed under: CAA News

Register now for the next webinar in CAA’s series on fair use in the visual arts meeting this Friday, April 10 at 1 PM EDT. Join the lead principal investigators of CAA’s new Code of Best Practices in Fair Use for the Visual Arts, Patricia Aufderheide, university professor in the School of Communication at American University and Peter Jaszi, professor of law in the Program on Information Justice and Intellectual Property at American University’s Washington College of Law, for an in-depth look at the Code’s section on fair use in analytic writing. Registration for the live event is free and open to the public thanks to a generous grant from the Andrew W. Mellon Foundation.

A video recording of the first webinar held on March 27th, “An Introduction to CAA’s Code of Best Practices in Fair Use for the Visual Arts,” is now available for CAA members. To access, log into your CAA account and click on the “Webinars” link in the left-hand navigation. Recordings of each webinar in the series will be made available to members the week following the event.

CAA will issue Certificates of Participation to those who attend all five webinars in the series. Registration secures you a spot in all four remaining webinars, however you may attend any number of the remaining webinars through this registration. The webinars will cover the following topics:

April 10, 2015, 1:00-2:00 PM (EDT): Fair Use in Scholarship
May 15, 2015, 1:00-2:00 PM (EDT): Fair Use in Teaching and Art Practice
May 29, 2015, 1:00-2:00 PM (EDT): Fair Use in Museums and Archives
June 5, 2015, 1:00-2:00 PM (EDT): Fair Use in the Visual Arts: A Review



News from the Art and Academic Worlds

posted by Christopher Howard


Each week CAA News publishes summaries of eight articles, published around the web, that CAA members may find interesting and useful in their professional and creative lives.

Almost One Third of Solo Shows in US Museums Go to Artists Represented by Just Five Galleries

Nearly one third of the major solo exhibitions held in American museums between 2007 and 2013 featured artists represented by just five galleries, according to new research. The Art Newspaper analyzed nearly 600 exhibitions submitted by 68 museums for its annual attendance-figures survey and found that 30 percent of prominent solo shows featured artists represented by Gagosian, Pace, Marian Goodman, David Zwirner, and Hauser and Wirth. (Read more from the Art Newspaper.)

How to Navigate the Art World

The art world can feel like that first time you walk into a high-end luxury store: everything is out of your reach, you’re not quite sure where to start, and there are a whole lot of venomous people judging your every move. Enter Roger White, author of the delicious new book The Contemporaries: Travels in the 21st Century Art World. Astute and conversational, White’s writing unveils the current state of the art academy, the studio, and the art market through the careers of the artists Dana Schutz, Mary Walling Blackburn, and Stephen Kaltenbach. (Read more from the Daily Beast.)

Artists, Not Judges, Should Decide Fair Use

This piece will focus on two implications of the Cariou and Sconnie Nation analyses: (1) the inherently factual nature of “fair use” analysis; and (2) fair use as an affirmative defense. “Fair use” started as a judge-made remedy to technically correct legal conclusions that led to absurd results, a practice commonly known as “equity.” Generally, and in the case of “fair use,” equity requires a court to make a significant factual investigation so as to demonstrate why the technical law should not apply. (Read more from the Center for Art Law.)

White Lies? Fibs? Tall Tales? Just Tell the Truth

Certainly, there are a lot of things that you might be reluctant to tell the truth about that don’t seem so terrible, such as one’s age. It may be embarrassing for some artists to be older and starting out, or to have not ever sold any work or to not have academic degrees in studio art or to not have any real exhibition history. (Read more from the Huffington Post.)

How the Tax Code Hurts Artists

With tax day looming, you can practically hear the cries of creative professionals across the country. That’s because the tax code hits many right where it hurts, by penalizing them for the distinctive way they make money. The biggest offender is still the alternative minimum tax, despite the American Taxpayer Relief Act of 2012, which brought long-overdue reform. (Read more from the New York Times.)

English-Only PhDs

What does it mean to be a doctor of philosophy in the sciences? What skills do we expect PhDs to possess? One thing you have to leave off that list: the ability to read or communicate in a language other than English. Nearly all US doctoral programs in the sciences have dropped their foreign-language requirement. (Read more from Vitae.)

An Illustrated Guide to Arthur Danto’s “The End of Art”

In an obituary for the New York Times, Ken Johnson described Arthur Danto as “one of the most widely read art critics of the Postmodern era.” Danto, both a critic and a professor of philosophy, is celebrated for his accessible and affable prose. Despite this, his best-known essay, “The End of Art,” continues to be cited more than it is understood. What was Danto’s argument? Is art really over? And if so, what are the implications for art history and art making? (Read more from Hyperallergic.)

AHTR Reports on AP Art History (Part II)

The second of two-part series on AP Art History, this post examines the revised curriculum for art history that will go into effect later this year, its intended outcomes, and its relevance to art historians at all educational levels. The post also identifies new resources developed specifically for the new curriculum, as well as others that are appropriate for both secondary and university-level instruction in art history. (Read more from Art History Teaching Resources.)



Filed under: CAA News

Update on CAA Task Forces

posted by Linda Downs


Task forces are established on occasion by the CAA Board of Directors to carry out research, address issues that are critical to the academic visual arts and art museums and require a limited commitment of time. There are currently seven task forces at CAA that have been established by the Board of Directors.

Task Force on Fair Use

Established in October 2012, this task force is cochaired by Jeffrey Cunard, CAA Counsel and Managing Partner of the Washington, DC, office of Debevoise & Plimpton LLP, and Gretchen Wagner, former General Counsel, ARTstor, and former member, Committee on Intellectual Property. Its twelve members have been overseeing a four-year fair use initiative supported by an initial grant from the Kress Foundation and a generous grant from the Andrew W. Mellon Foundation. Led by the efforts of Peter Jaszi and Patricia Aufderheide of American University, the first two years included interviews with 100 artists, art historians, curators, editors, librarians, publishers; a survey of 2,000 CAA members; and discussions with another 100 visual arts professionals. Based on the consensus developed through this process, the Code of Best Practices in Fair Use for the Visual Arts was published in February 2015 and presented to the CAA membership at the Annual Conference. Over the next two years the task force will assist in the dissemination of the Code through webinars, presentations at conferences, and in small meetings of professionals in the visual arts. The project will be completed in December 2016.

Download the Resolution to Form Task Force to Develop Fair Use Guidelines.

Task Force on Advocacy

Established by the Board in February 2015, this task force is chaired by Jacqueline Francis, Associate Professor, Visual and Critical Studies, California College of the Arts. The task force is charged with prioritizing CAA members’ critical advocacy issues.

Download the Resolution for a Task Force on Advocacy.

Task Force on the Annual Conference

Established by the Board in February 2015, this task force is chaired by Suzanne Preston Blier, CAA Vice President for the Annual Conference and Allen Whitehill Clowes Chair of Fine Arts and of African and African American Studies at Harvard University. The task force is charged with evaluating the structure, format, and technologies of the Annual Conference to facilitate information exchange, presentation of creative work, and professional support of members.

Download the Resolution for a Task Force on the Annual Conference.

Task Force on Committees

Established by the Board in October 2014, this task force is chaired by Charles A. Wright, CAA Vice President for Committees and Professor and Chair, Department of Art, Western Illinois University. The task force is charged with reviewing the nine Professional Interest Practices and Standards (PIPS) committees of CAA in order to ensure that the 2015–2020 Strategic Plan priorities, the structure of the committees, and the organization best meet the needs of CAA members.

Download the Resolution for a Task Force on Professional Interests, Practices and Standards Committees.

Task Force on Design

Originally established by the Board in May 2014 and recently reconfigured, the task force is chaired by Jim Hopfensperger, CAA Board Member and Professor of Art, Western Michigan University. The task force is charged with addressing and making recommendations on how to increase the sessions on design at the Annual Conference, engage designers as members, and address guidelines specific to designers.

Download the Resolution to Form a Task Force on Design.

Task Force to Develop Guidelines for Evaluating Digital Art and Architectural History for Promotion and Tenure

Established by the Board in October 2014 and supported by funds from the Andrew W. Mellon Foundation, this joint task force of CAA and the Society of Architectural Historians (SAH) is co-chaired by DeWitt Godfrey, President, CAA and Professor of Art and Art History, Colgate University; and Ken Breisch, SAH President and Assistant Professor, School of Architecture, University of Southern California. The Mellon grant supports a research assistant, Alice Lynn McMichael, Graduate Center Digital Fellow and Digital Dissertations Liaison, The Graduate Center, CUNY and Adjunct Assistant Professor, Hunter College; and a statistician, Raym Crow, Chain Bridge Group. The task force charge is to develop guidelines for digital art and architectural history for use in promotion and tenure.

Download the Resolution to Establish a Joint CAA and Society of Architectural Historians Task Force to Develop Guidelines for Evaluating Digital Art and Architectural History for Promotion and Tenure.

Task Force on Governance

Established by the Board in October 2014, this task force is chaired by DeWitt Godfrey, CAA President and Professor of Art and Art History, Colgate University. The charge is to review the structure and transparency of Board of Directors’ responsibilities to better serve and communicate with CAA members.

Download the Resolution for a Task Force on Governance.




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