CAA News Today
Learning from Experience: Fair Use in Practice
posted by Janet Landay, Program Manager, Fair Use Initiative — March 14, 2017
We are eager to learn how individual CAA members are relying on fair use. Please take the following survey to let us know if, how, and to what extent you rely on fair use! Link here.
At last month’s Annual Conference, CAA’s Committee on Intellectual Property (CIP) organized “Learning from Experience: Fair Use in Practice,” a panel addressing fair use and how reliance on this aspect of copyright law has increased since CAA published its Code of Best Practices in Fair Use for the Visual Arts two years ago. The CIP session featured leading visual arts professionals in four areas: the academic art library, publishing, art-making, and artist-endowed foundations, each of whom described the importance of fair use in her work. The session, which was attended by more than ninety conference-goers, was led by CIP’s new chair, Anne Collins Goodyear, co-director of the Bowdoin College Museum of Art, and CAA president emerita, during whose tenure CAA undertook its fair use project, which culminated in the publication of the Code.
The panel opened with a brief overview of CAA’s fair use initiative by Goodyear, and then offered compelling examples of the Code’s application. Carole Ann Fabian, the Director of the Avery Architectural and Fine Arts Library at Columbia University reported that Columbia advances the principal of open access policy where possible, and that Avery librarians draw upon three fair use codes when advising library users about quoting from or reproducing copyrighted materials: that developed by the Association of Research Libraries (2012), CAA’s Code of Best Practices (2015), and the Association of Art Museum Directors (AAMD) Guidelines (2016). The shared norms of the CAA and AAMD codes, both of which champion a liberal assertion of fair use, provide particularly helpful guidance on fair use applications related to copyrighted images. Avery is often the first point of contact for students and faculty who have questions about these issues, and as a collecting organization, is also a provider of primary content (and their digital surrogates) to scholars worldwide. Fabian noted that the work librarians perform educating users about copyrights and the doctrine of fair use is ongoing with each year’s influx of new students and faculty. Having a concise resource like CAA’s Code, makes it infinitely easier to introduce library users to this essential feature of American copyright law.
Victoria Hindley, Associate Acquisitions Editor, MIT Press, reported that discussions about fair use at last year’s CAA Annual Conference motivated her to work with her colleagues at MIT Press to pursue a fair use initiative of their own. With support from Executive Editor Roger Conover, Press Director Amy Brand, legal counsel, and others, Hindley helped to define a progressive position in support of responsible fair use. “One of our primary goals,” she said, “was to figure out how to reduce the burden of clearing permissions placed on the author.” The resulting proposal, which is undergoing final Institute approval, is a robust document that most notably, as she explained: “would no longer require authors to indemnify the press when they have made a reasonable good faith determination of fair use.” MIT Press has developed proposed new contract language in support of this position; and, to further empower authors, the Press has crafted permissions guidelines that take advantage of the CAA Code and also refer authors to it. “The CAA Code of Best Practices has proven to be an invaluable guide for us as we’ve held these discussions and made decisions about our own guidelines,” noted Hindley. The new policy pending adoption at MIT Press would provide protections similar to those that CAA grants contributors to its publications.
The third speaker was the distinguished artist Martha Rosler, who received a Lifetime Achievement Award during the conference from the Women’s Caucus for Art. Rosler has for decades incorporated into her work images circulating in what she has called the public sphere of mass media, including newspapers, magazines, and television, without stopping to consider copyright. While showing examples of her work, Rosler described the importance of processes like hers, which, she said, for many artists “constitute an essential form of critique.” Although Rosler’s practice predates the publication of CAA’s Code of Best Practices, she acknowledged that the Code serves to clarify the principles on which such a practice is based. She also noted that the Code has the potential to offer support and encouragement to other artists who might otherwise shy away from the legitimate use of copyrighted material in their work, for fear of adverse consequences. She also observed, with regret, that many artists, particularly those working in video, have deliberately abandoned or failed to undertake projects involving appropriation precisely because the legal departments of broadcast entities bar the airing of such works, out of fear of reprisal for purported infringements.
Francine Snyder, Director of Archives and Scholarship at the Robert Rauschenberg Foundation, was the fourth speaker in the CIP session. She talked about the positive effect on the Foundation of a proactive fair use policy in the year since it was introduced. The main goal of the policy has been to foster scholarship about Rauschenberg, disseminate knowledge, and enhance educational initiatives. In this regard, Snyder reported, the policy has proven a great success, generating more scholarship and innovative projects. Among the outcomes to which she referred is an online gallery for children that includes images of Rauschenberg’s work. Snyder indicated that one of the most important values of the Foundation’s public turn to fair use has been to reduce anxiety on the part of those who want to reproduce the artist’s work for creative and scholarly purposes. Snyder mentioned that the fair use policy does not apply to commercial uses, for which the Foundation relies on licensing through VAGA. By way of conclusion, she explained that the Foundation is committed to an open dialogue as interpretations of fair use continue to evolve, as seen in the multiple applications of CAA’s Code of Best Practices.
Following the formal presentations, Jeffrey P. Cunard, CAA’s counsel, and Co-Chair of its Fair Use Task Force, moderated a discussion with the speakers and audience. Cunard noted the importance of the Rauschenberg Foundation’s turn to the doctrine of Fair Use in making work by Rauschenberg available for scholarly and creative purposes, and the relationship between fair use and an open approach to licensing images. He also clarified, in conversation with Rosler, that copyright holders had not objected to her pioneering work, which may not have been surprising, given the transformative nature of her use of appropriated material.
The talks by each of the speakers on this panel, along with the great interest expressed by the audience, point to increased awareness of the application of fair use since CAA published the Code of Best Practices two years ago. While detailing the many ways in which fair use is benefitting scholarship and creative practice, the session also makes clear the need for ongoing education about the Code, and the importance of publicizing and encouraging its use. We invite further examples of fair use in action, and any suggestions for the continued dissemination of the Code and the guidance it provides.
A CAA Road Trip
posted by Janet Landay, Program Manager, Fair Use Initiative — October 18, 2016
In late September, Hunter O’Hanian and I had the pleasure of spending a weekend at Bowdoin College in Brunswick, Maine, to attend two CAA events hosted by Anne Goodyear, codirector of the Bowdoin College Museum of Art and a former CAA president. We arrived at the picturesque New England campus on a beautiful fall day. The college’s art museum, one of the oldest in the country, anchors the western edge of the quad, its neoclassical façade presiding gracefully over green lawns and majestic trees where students played Frisbee, read, or walked across campus. It was a perfect weekend to welcome CAA members to campus.
The first group arrived that Saturday afternoon to attend a CAA member reception, the first of several Hunter has planned around the country to provide an opportunity for him to meet with members in a relaxed setting and talk about CAA. The event began with a tour of the Bowdoin College Museum of Art given by Anne and her husband, the museum’s codirector, Frank Goodyear. Immediately following, we all walked a block away to Anne and Frank’s house to enjoy some wine and cheese on their back patio. The fifteen or so participants hailed from several schools and museums in addition to Bowdoin—Colby College, Bates College, the Portland Museum of Art, and the Farnsworth Art Museum—and included art historians, artists, librarians, and independent scholars.
Members spoke in turn about their most memorable CAA experiences: attending a first conference, interviewing and getting a job, meeting old friends, or networking with scholars in their fields. Hunter then shared thoughts about his goals for CAA based on what he has learned from members since he became executive director in July. He observed the importance of connectivity—how to keep CAA members in touch with issues in the field, but especially how to keep them in touch with each other. And he described many of the changes members will experience at the next Annual Conference, including a focus on personal experience, captured by a new theme for the meetings, myCAA.
On Sunday morning, several of the same CAA members returned, joined by others from around the state, for a half-day workshop about copyright and fair use. Peter Jaszi, a co–lead investigator on CAA’s Fair Use Initiative, came from Washington, DC, to Bowdoin to lead the program, which focused on how visual-arts professionals can use CAA’s Code of Best Practices in Fair Use for the Visual Arts in their work. Following an introduction to copyright and fair use, the workshop began with a look at how museum professionals can use the Code when employing copyrighted materials in their work.
Participants had been asked to bring real-life questions with them. Thus, a museum director wanted to know whether his museum could allow photography in the galleries of works still protected by copyright. A curator described a challenge she had in getting an image for a catalogue from a museum in central China. When she received no reply from the museum, she resorted to scanning the image from another book. Is that fair use? Other questions involved loan forms, credit lines, and online projects.
As the day continued, the program moved on to address questions from professionals in other areas: librarians and archivists, professors and teachers, artists and independent scholars. Can a faculty member use images in class that she got from a flash drive she had received from a foreign museum? What kind of credit information is necessary for a blog about films? Is Shepard Fairey’s image of Obama a good case study for students learning about fair use? How should the institutional repository on a college campus view the copyright protection of yearbook photographs? By the end of the afternoon, a remarkable range of questions had been discussed, and the forty participants came away with a much greater understanding of fair use and how to rely on it in their work.
On Monday, Hunter, Peter, and I were in Cambridge, Massachusetts, to join Kyle Courtney, a copyright specialist in Harvard’s Office for Scholarly Communication, for a fair-use town hall on the campus of Harvard University. As in Maine, Peter began the program with an introduction to fair use, and I followed with a description of CAA’s Fair Use Initiative. Kyle spoke about a program he directs at Harvard that trains librarians to be “first responders” to users’ questions about fair use. Although relatively new, the program has proven to be an effective way to support and teach visual-arts professionals about fair use. It is now being replicated on other university campuses. The event was then opened to questions from the sixty-five members of the audience, which Peter and Kyle discussed in depth.
Many of the topics were similar to those that had been addressed at the Bowdoin workshop, but a new subject emerged as well: advocacy. Does a professor who has had a manuscript accepted have any recourse when her publisher requires signed author agreements stating that all images had been cleared for publication and all fees paid? The answer is yes; she can ask her publisher to read CAA’s Code and explain that many, if not all, of her uses of images comply with the doctrine of fair use. While the effort may not succeed (though CAA has several success stories on file), over time it will familiarize publishers with the principles outlined in the Code. Changes have already taken place, in large part due to this kind of challenge from users. Yale University Press now accepts fair-use defenses from its authors who are publishing monographs; the Robert Rauschenberg Foundation embraced a fair use policy for that artist’s work; and CAA not only encourages its authors to consider whether or not their uses are fair, but it also indemnifies authors against lawsuits about works used under fair use.
The program concluded with a reminder that CAA is happy to answer questions about fair use; please don’t hesitate to contact us at email@example.com.
Later on Monday, Hunter and I joined another group of CAA members at the Massachusetts College of Art and Design for a wine-and-cheese reception at the school’s President’s Gallery and Bakalar and Paine Galleries. Attendees included a wide range of members, from professors who have belonged to the association for thirty years to new members just graduating from MFA programs. Lisa Tung, the gallery’s director and curator, kicked off the event with a tour of two exhibitions currently on view, Encircling the World: Contemporary Art, Science, and the Sublime and Women’s Rights Are Human Rights: International Posters on Gender-Based Inequality, Violence, and Discrimination. Hunter, who is a former vice president for development at MassArt, then invited participants to speak about how CAA is valuable to them. He emphasized the importance of hearing from members so that CAA can support them as fully as possible in this rapidly changing world.
CAA’s road trip continued in early October with another member’s reception in Portland, Oregon. Later this month we will convene a fair-use workshop in Seattle, Washington. More events are planned for early next year in Georgia and Virginia. Stay tuned!
The Bowdoin College fair-use event was organized by the Bowdoin College Museum of Art and CAA, with funds provided by the Andrew W. Mellon Foundation. The Harvard University fair-use event was organized by Harvard’s Office for Scholarly Communication, thanks to the generous support of the Arcadia Fund, and by CAA, with funds provided by the Mellon Foundation.
Fair Use Is Up to Date in Kansas City
posted by Janet Landay, Program Manager, Fair Use Initiative — April 21, 2016
“Do we have to seek copyright permission to post on our website a scholarly checklist of twentieth-century paintings?” “Our museum wants to put an image of a contemporary sculpture from its collection on an invitation for a fundraiser. Do we need copyright permission?” These are the kinds of questions a group of art-museum professionals discussed at a half-day workshop on copyright and fair use sponsored by CAA with funds provided by the Andrew W. Mellon Foundation and held at the Nelson-Atkins Museum of Art in Kansas City, Missouri, on April 8, 2016.
When Patricia McDonnell, director of the Wichita Art Museum, decided her museum could use input and guidance in applying the policies outlined in CAA’s Code of Best Practices in Fair Use for the Visual Arts, she organized a meeting for art museums in her region, believing that the support and information she needed was likely the same as her neighboring colleagues. As a member of CAA’s Task Force on Fair Use, McDonnell was familiar with the approach outlined in the Code, and her primary goal was to design an event that would generate immediate practical results. To that end, the “fair use summit” featured two elements that made it particularly effective. First, each of the eight participating museums was represented by its director, legal counsel, and staff member responsible for rights and reproduction. Second, each museum submitted a case study of a fair-use issue from their institution in advance, thereby providing practical examples for consideration during the workshop. As a result, the pragmatic discussions that took place exemplified the type of analysis necessary to determine on a case-by-case basis if the use of a copyrighted text or image is fair; the talks also unified the participating staffs in their understanding of this work.
The workshop was led by Peter Jaszi, a lead principal investigator on CAA’s fair-use project and a professor at American University’s Washington College of Law. After providing a brief history of fair use and how court opinion has evolved on this aspect of copyright law, Jaszi guided participants in analyzing each case study to determine if the use in that instance required copyright permission or if the museum could rely on fair use. Participants referred to CAA’s Code to understand the basic principles and limitations that applied in each case. In every situation, the key question was whether or not the use under consideration was “transformative.” Did it show the work of art in a new context, add to its meaning, or change our understanding of it? Was it an educational use? As the discussion continued, it became apparent that every user of copyrighted materials has to decide for him or herself if a use is fair. One museum might decide that the fair-use doctrine applies to a copyrighted image on the cover of a catalogue, for example, while another museum using the same image on the cover of a similar publication might decide to seek permission. It all depends on how each institution understands its own purpose.
The summit included the following museums: the Marianna Kistler Beach Museum of Art, Kansas State University; the Crystal Bridges Museum of American Art; the Kemper Museum of Contemporary Art; the Nelson-Atkins Museum of Art; the Nerman Museum of Contemporary Art, Johnson County Community College; the Spencer Museum of Art, University of Kansas; the Ulrich Museum of Art, Wichita State University; and the Wichita Art Museum. As a result of the meeting, the directors and staff of these institutions have decided to continue their work on fair use by sharing documents related to rights and reproductions―donation agreements, artist contracts, and the like. The goal is to develop additional best practices among their museums related to copyright and fair use.
Julian Zugazagoitia, director of the Nelson-Atkins, summarized the accomplishments of the meeting like this: “I think it brought immensely valuable information to all our participants and will allow us to use images in a more robust and self-assured way.” McDonnell also commented: “The CAA Code opens the door to a sea change in art-museum practice related to image use. Arriving at wise conclusions about interpretations of fair use with other art-museum colleagues provided grounded information and confidence about possible new practices.” What better results can one ask for?
Image: Shuttlecock (1994) by Claes Oldenburg and Coosje van Bruggen on the lawn of the Nelson-Atkins Museum of Art in Kansas City, Missouri
CAA Celebrates National Fair Use Week
posted by Janet Landay, Program Manager, Fair Use Initiative — February 22, 2016
The College Art Association is proud to participate in the 2016 National Fair Use Week. This event is held annually during the last week of February, this year from Monday, February 22, through Friday, February 26. It celebrates the important doctrines of fair use in the United States and fair dealing in Canada and other jurisdictions. In honor of National Fair Use Week, CAA presents the following article about ways its fair use code has been embraced in the year since it was first released.
It’s been exactly one year since CAA published its Code of Best Practices in Fair Use for the Visual Arts. A session at this year’s Annual Conference took stock of the progress made during the past twelve months, and panelists recounted remarkable progress in applying fair use to the visual arts. Chaired by Judy Metro, editor-in-chief at the National Gallery of Art and chair of CAA’s Committee on Intellectual Property, five CAA members described how they or their institutions modified their approach to using copyrighted materials because of CAA’s new Code.
Leading the way was the College Art Association itself, which overturned its copyright policies for authors. As Betty Leigh Hutcheson, CAA’s director of publications, explained, instead of demanding that authors get permissions for all images and indemnify the press, CAA’s contracts now ask authors to read the Code and apply it to their uses. Indemnification is no longer required when asserting fair use.
Other publishers of artwork also told of changing policy. Patricia Fidler, art publisher at Yale University Press, described how, inspired by the Code, the press has now created its own fair use guidelines specific to scholarly publishing. Just as important for Fidler is the fact that other parts of Yale University, including its museums, are now considering expanding their access to fair use. “It’s a big step,” she said, “to give authors the last word on their fair use. And we are proud that it says at the top of our new author guidelines, ‘Yale University Press supports the fair use of art images in scholarly monographs.’”
Joseph Newland, head of publications at the Menil Collection in Houston, announced new policies at his museum. Thanks to the Code, the Menil has expanded access to fair use throughout the institution by adapting CAA’s policy for internal criteria. He said improvements are already apparent: “It’s really helped work flow, especially at the press office, which often needs to respond to the news cycle in a timely way.”
Sometimes progress includes learning from frustration. Susan Higman Larsen, head of publications at the Detroit Institute of Arts, talked about having to publish a work in a scholarly catalogue without a relevant image, because of intolerable attempts at controlling content by an estate. “We misunderstood fair use,” she explained. “We didn’t understand that some commercial uses are just as eligible for fair use as non-commercial ones.” The Code helped clear that up, she said, and now the DIA is publishing a new book, in which the author wants to reproduce an image by the same artist. “This time, we’ll claim fair use,” she said. Furthermore, the DIA is considering changing its institutional policies about fair use.
The last success story of the session was from an artist, Rebekah Modrak, who teaches at the University of Michigan. She recounted the challenges she encountered after creating a work of art that incorporated copyrighted material. She made a video introducing an imaginary company, Re Made Co., that spoofed the overexemplifying hipster-Brooklyn site Best Made Co. After receiving a cease-and-desist letter, she turned for advice to CAA, which steered her to good legal advice at the University of Michigan. Her university’s lawyers welcomed the opportunity to support her fair uses and endorsed her intention to keep her video online. Modrak then published an account of her experience for a Routledge publication, Consumption Markets & Culture. When the editors there initially asked her to get permission to reproduce images from her video, she relied on CAA’s Code to persuade them that fair use would apply.
Another way CAA is measuring the impact of the Code is through annual surveys that provide longitudinal data on how CAA members are relying on fair use. At the conference session, Patricia Aufderheide shared early results from a recent 2,500-person CAA survey, showing broad awareness of the Code. More than two thirds of respondents indicated they knew about the Code, and a third of that group had already shared their knowledge, usually with more than one kind of interlocutor—for example, students, colleagues, and association members. Many of those aware of the Code had already put it to use. Indeed, 11% of all respondents had begun to employ fair use only after the appearance of the Code last year, a big leap and a demonstration of the power of understanding community values and best practice.
Peter Jaszi concluded the session by discussing next steps in CAA’s fair use efforts. Over the coming year he and Aufderheide will work to educate in-house legal counsel about the importance of mission-oriented fair use, resulting in expanded employment of fair use by museums. They will continue to give presentations about the Code to groups of arts professionals around the country, with a special focus on publishing and museum activities. And Jaszi encouraged CAA members to avail themselves of the many resources—FAQs, explainers, infographics, background documents, slideshows and more—available both on the CAA website and at the Center for Media & Social Impact.
CAA will be posting updates about fair use on its website, including the success stories described above. We would like to hear from any of you whose practices have changed because of the Code, whether you have a success story or a challenge to share. Both types of information will support the field’s efforts to make appropriate reliance on fair use the norm. If you have fair use news to share, please contact me at firstname.lastname@example.org.
Find out more about National Fair Use Week here: http://fairuseweek.org/
Below are links to some of the events taking place around the country:
A comprehensive collection of fair use codes, articles, videos and teaching materials can be found at the Center for Media and Social Impact, http://www.cmsimpact.org/fair-use
And don’t forget to look at the materials available on CAA’s website, which focus on our fair use code. There you will find Frequently Asked Questions, explanatory videos, infographics, and a five-part webinar, along with the Code itself.
Betty Leigh Hutcheson (photograph by Bradley Marks)
Patricia Fidler (photograph by Bradley Marks)
Joseph Newland, Peter Jaszi, and Susan Higman Larsen (photograph by Bradley Marks)
Rebekah Modrak (photograph by Bradley Marks)
Rebekah Modrak, Fair Use Badge of Honor
Meet the 2016 Participants in the CAA-Getty International Program
posted by Janet Landay, Program Manager, Fair Use Initiative — November 17, 2015
CAA is pleased to announce the 2016 recipients of travel support through the CAA-Getty International Program. In an effort to promote greater interaction and exchange among art historians internationally, CAA will bring scholars from around the world to participate in the program, to be held during CAA’s 104th Annual Conference in Washington, DC, from February 3 to 6, 2016. This is the fifth year of the program, which has been generously funded by the Getty Foundation since its inception. The participants—professors of art history, curators, and artists who teach art history—were selected by a jury of CAA members from a highly competitive group of applicants. In addition to covering travel expenses, hotel accommodations, and per diems, the CAA-Getty International Program includes support for a preconference on international issues in art history, conference registration, and a one-year CAA membership.
Activities for participants in the CAA-Getty International Program will begin with a one-day preconference colloquium on international issues in art history, during which they will meet with North-American–based CAA members to discuss common interests and challenges. Participants will also be assisted throughout the conference by CAA member hosts, who will recommend relevant panel sessions and introduce them to colleagues who share their interests. Members of CAA’s International Committee have agreed to serve as hosts, along with representatives from several affiliated societies of CAA, including the Arts Council of the African Studies Association, the Association for Latin American Art, and the Society of Historians of East European, Eurasia, and Russian Art and Architecture.
This program has increased international participation in CAA’s activities and expanded international networking and the exchange of ideas during and after the conference. The CAA-Getty International Program supplements CAA’s regular program of Annual Conference Travel Grants for graduate students and international artists and scholars. CAA looks forward to welcoming the 2016 recipients at the upcoming Annual Conference in Washington, DC, this February.
2016 CAA-Getty International Program Participants
Sarena Abdullah is a senior lecturer in the School of the Arts at the Universiti Sains Malaysia in Penang, where she teaches art history to undergraduate and graduate students. She received an MA in art history from the University at Buffalo, State University of New York, and a PhD in art history from the University of Sydney in Australia. Specializing in contemporary Malaysian and Southeast Asian art, Abdullah is widely published locally and abroad and has presented papers at conferences in Malaysia, Singapore, Australia, and the United States. She is a field leader for Ambitious Alignments: New Histories of Southeast Asian Art, a research project led by the Power Institute Foundation for Art and Culture at the University of Sydney and funded by the Getty Foundation. With two research grants from the Universiti Sains Malaysia, Abdullah is working on a project called “Theorizing Early Modernism and Cosmopolitanism in Early Twentieth Century Penang by Examining Modern Artistic Works and Print Medium Pertaining to Penang (1826–1942).”
Abiodun Akande studied fine arts at Obafemi Awolowo University in Ile Ife, Nigeria, and received an MA and PhD from the Institute of African Studies at the University of Ibadan, also in Nigeria. His dissertation on “Yoruba Traditional Religious Wood-Carvings in Oyo, Sabe, and Ife” reflects his broader interest in the diffusion history of Yoruba peoples and their material culture across national boundaries. Akande is also interested in recording the effects of diffusion on sociocultural and artistic productivity and the resultant identities and iconologies of this culture group. Akande teaches art history, museology, art education, and painting at the Emmanuel Alayande College of Education in Oyo. In 2013, he participated in the first Basel Summer School in African Studies at the University of Basel in Switzerland; he also attended a graduate symposium hosted by the School of Arts at Peking University in Beijing, China.
María Isabel Baldasarre holds a PhD in art history from the Universidad de Buenos Aires in Argentina, having earned an undergraduate degree in art history from the same university and a National Professor of Sculpture degree from the Escuela Nacional de Bellas Artes Prilidiano Pueyrredón. Baldasarre is currently a researcher at the Consejo Nacional de Investigaciones Científicas y Técnicas (CONICET), an associate professor and coordinator of the master’s degree program in Argentinean and Latin American art history at the Universidad Nacional de San Martín, and a member of the board of the Centro Argentino de Investigadores de Arte. Baldasarre has received scholarships and grants from CONICET, the Antorchas Foundation, the Latin American Studies Association, the Getty Foundation, the Institut National d’Histoire de l’Art, and the Kunsthistorisches Institut in Florenz. A specialist in late-nineteenth- and early-twentieth-century European and Argentinean art, art collecting, and the art market, Baldasarre is the author of Los dueños del arte. Coleccionismo y consumo cultural en Buenos Aires (Buenos Aires: Edhasa, 2006).
Danielle Becker is an adjunct lecturer in the Department of Visual Arts at Stellenbosch University in Stellenbosch, South Africa, and the Michaelis School of Fine Art at the University of Cape Town. She was previously the head of visual studies at the Stellenbosch Academy of Design and Photography. Her PhD research, in progress at the University of Cape Town, examines how South African art history is framed in art-historical curricula at tertiary institutions, in art-historical writing, and in museum displays. Becker’s interests include art historiography, postcolonial theory, and the framing of African art. Before beginning her doctoral research, she completed a fine-arts degree at Cape Town, worked as the arts coordinator for a nonprofit called South African Education and Environment Project, and completed a master’s degree in art history at the University of Manchester in England. Her forthcoming publications include a book chapter on Instagram in Africa’s Media Image in the Twenty-First Century: From the Heart of Darkness to Africa Rising (forthcoming from Routledge) and an essay, “Locating the Label on the Luggage: Towards a Continued Decolonization of South African Visual Culture.” (forthcoming from Third Text: Critical Perspectives on Contemporary Art and Culture.)
Bùi Thị Thanh Mai is a lecturer in art history, theory, and criticism at the Vietnam University of Fine Arts in Hanoi. She is also head of the university’s Department of Academic Research Management and International Relations and a member of the editorial board for the university’s journal, Art Research Magazine. Bùi specializes in the history of Vietnamese art, with a focus on modern and contemporary art; she is also interested in art theory, art education, and curatorial theory and practice. Bùi is working on three concurrent projects: “Optimistic Characterization in Painting in Hanoi in 1945–1990” within the framework of the Ambitious Alignments: New Histories of Southeast Asian Art program; “Art Theory and Criticism in Vietnam: Actual Situations and Solutions of the Effect on the Artistic Life”; and a textbook on Vietnamese art history for the Vietnam University of Fine Arts.
Heloisa Espada received a PhD in art history and art criticism from the School of Communications and Arts at the University of São Paulo in Brazil in 2011. She studies Brazilian art after World War II, with a special focus on geometric abstraction and photography. In 2014 Espada began postdoctoral studies at her university’s Museum of Contemporary Art, where she is researching the origins of Concrete art in the city, supported by a grant from the Coordenação de Aperfeiçoamento de Pessoal de Nível Superior, a Brazilian government agency. Espada wrote Hércules Barsotti (São Paulo: Folha de São Paulo, 2013), Geraldo de Barros e a fotografia (São Paulo: Instituto Moreira Salles and Edições SESC, 2014), and Monumentalidade e sombra: o centro cívico de Brasília por Marcel Gautherot (forthcoming from Annablume). Since 2008, she has been the head of visual arts at the Instituto Moreira Salles, where she is also researcher and curator.
Ildikó Gericsné Fehér received an MA and PhD in art history from Eötvös Loránd University in Budapest, Hungary. As associate professor in the Department of Art History of the Hungarian University of Fine Arts in Budapest, she lectures and leads seminars on Renaissance and Baroque art. She is also a consultant to the university’s Conservation Department. Fehér’s research interests include detached wall paintings from medieval and Renaissance Italy in the collection of the Museum of Fine Arts Budapest; Florentine art dealers at the end of the nineteenth century; Károly Pulszky’s purchases of paintings in Italy for the museum circa 1890; wall paintings in Umbria from the fourteenth to sixteenth century; self-portraits by Hungarian artists in the Uffizi Gallery; and the works of Jacopo Palma il Giovane.
Peyvand Firouzeh specializes in the art and architecture of the Islamic world, with a focus on Iran, Central Asia, and India in the medieval period. She is particularly interested in interconnections between architecture and power, patronage of art and architecture, cross-cultural exchanges between Iran and India, and museum studies. Firouzeh obtained her BA (2004) and MA (2007) in architecture from the Tehran University of Art in Iran and her MPhil (2011) and PhD (2015) in the history of art and architecture and Asian and Middle Eastern studies from the University of Cambridge in England. She was the acting curator of Islamic collections from Iran, Central Asia, and India at the British Museum in London in 2014–15. Firouzeh is currently a fellow of art histories and aesthetic practices (2015–16) at the Forum Transregionale Studien and Museum für Islamische Kunst in Berlin, where she is working on a new project, “Depicted Legitimacy: Sufi-Sultan Encounters in the Visual and Textual Cultures of South Asia.”
Lev Maciel graduated from the Medieval Studies Department at Lomonosov Moscow State University in Russia in 1998, with an M.A. thesis on fifteenth-century Spanish history. His dissertation on eighteenth-century Siberian architecture earned him a PhD in 2004 from the State Institute for Art History in Moscow. Currently Maciel is an associate professor in the Faculty of Humanities of the National Research University Higher School of Economics in Moscow, where he supervises the recently created program in art history. He is also a part-time research associate professor at the Institute for Theory and History of Architecture and Town Planning in Moscow. Maciel’s research interests include a wide range of subjects within the history of architecture, including the late Renaissance and Baroque (Russia, southern Italy, Brittany, Spain, and Latin America), late antiquity and Byzantium, the Islamic world, Mongolia and Tibet, and nonmodernist movements in the twentieth century.
Emmanuel Moutafov is a Byzantinist, art historian, and epigrapher who holds a PhD in world history of the fifteenth to nineteenth centuries from the Institute for Balkan Studies at the Bulgarian Academy of Sciences in Sofia. He has been a visiting research fellow at the Program in Hellenic Studies at Princeton University; a Mellon Foundation fellow at the Institute for Advanced Studies in Berlin; a Mellon Foundation fellow at the W. F. Albright Institute of Archaeological Research in Jerusalem; and a Getty Foundation research fellow in the summer research group Visions of Byzantium in Istanbul, Turkey. In 2013 he became a supervisor of research at the board of directors of the Institute for Art Studies at the Bulgarian Academy of Sciences and last year was appointed a director of the same institute.
Ceren Özpınar is a lecturer and a scholar of art historiography and the history of art whose research covers feminist temporalities in art historiography and contemporary art in Turkey. She is currently a British Academy Newton International Fellow in the Department of Art History at the University of Sussex (2015-17). Özpınar received a PhD in the history of art from Istanbul Technical University in 2015, with a thesis on the historiography of contemporary art in Turkey. In 2013, she held a one-year position of visiting research fellow at the University of Leeds, for which she was awarded a doctoral research grant by the Scientific and Technological Research Council of Turkey. She is among the authors of National Art Histories in an Unfinished World (forthcoming from McGill-Queen’s University Press). Özpınar teaches undergraduate and graduate courses in art history, art management, and visual culture.
Horacio Ramos is a Peruvian art historian who specializes in Latin American vanguardism and neovanguardism. He teaches at the Pontificia Universidad Católica del Perú in Lima and also works as researcher at Museo de Arte de Lima. Ramos holds a BA in philosophy and an MA in art history from the Universidad Católica. In previous research, he explored the reform of Lima’s main square (or Plaza de Armas) during the first half of the twentieth century, a complex process that involved debates about nationalism, architectural heritage, and modernism. Currently he is focusing on how invasiones (precarious urban settlements at the periphery of Peruvian cities) have been represented in documentary photography and neovanguardist art of the later twentieth century. Since invasiones and abandoned archeological ruins share the deserted landscape of the coast, his investigation seeks to trace the complex interconnections between art, archeology, landscape, and social exclusion.
Olaya Sanfuentes Echeverría earned a bachelor’s degree in history from the Pontificia Universidad Católica de Chile in Santiago, a master of arts from Georgetown University in Washington, DC, and a PhD in art history from the Universitat Autònoma de Barcelona in Spain. She is a professor at the Institute of History, a part of the Department of History, Geography, and Political Science at the Pontificia Universidad Católica de Chile. Sanfuentes’s current research focuses on devotional practices involving art, especially religious statues used in festivals and rites in honor of the saints and virgins in Andean communities, as well as similar practices related to nativity cribs. More generally, Sanfuentes is interested in practices surrounding visual representations, history, and material culture, and how communities deal with cultural heritage.
Paulo Silveira holds bachelor’s degrees in fine arts (with qualifications in drawing and painting) and in communication studies from the Universidade Federal do Rio Grande do Sul in Porto Alegre, Brazil. He earned an MA and PhD in visual arts, with an emphasis in art history, theory, and criticism, from the same university. His graduate studies included doctoral research in France at the Université Paris 1 Panthéon-Sorbonne. Silveira is a professor of art history at the Instituto de Artes at the Universidade Federal do Rio Grande do Sul. His research interests include visual arts, with a focus on the formal and contextual study of the artistic process, the intellectual and artistic foundations of contemporary art, intermedia, perception of works of art, aesthetics, rhetoric of artist’s publications, and methodology. Silveira is a member of the Brazilian Committee of Art History and the National Association of Researchers in Fine Arts (serving on its committee for history, theory, and criticism).
Sandra Uskoković is an assistant professor in the Department of Arts and Restoration at the University of Dubrovnik in Dubrovnik, Croatia. Her primary areas of research include architectural theory, modern architecture, urban culture, performance art, and cultural studies and heritage. She received an MA in architectural history and heritage preservation from George Washington University in Washington, DC, and a PhD in historic preservation and architectural history from the University of Zagreb. During 2002–3 Uskoković served as an intern at the International Centre for the Study of the Preservation and Restoration of Cultural Property in Rome, Italy, and at the International Committee on Monuments and Sites (US/ICOMOS) in Washington, DC. She is a member of the ICOMOS Scientific Committee on Twentieth-Century Heritage and has participated in conferences on international preservation. Uskoković is the author of three books: Modern Architectural Heritage of Dubrovnik (Zagreb: Antibarbarus, 2010), Contemporary Design in Historic Settings (Zagreb: Antibarbarus, 2013), and Architect Lovro Perković: Sensibility of Space Design (Zagreb: Ex Libris, 2015). She also has published numerous articles in academic and artistic journals. Since 2015 she has coordinated a regional interdisciplinary forum for research in urban culture in the Balkans, called Urban Hum.
For more information about the CAA-Getty International Program, please contact project director Janet Landay at email@example.com or 212-392-4420.
CAA Presents Its Fair-Use Code to Leaders of Artist-Endowed Foundations
posted by Janet Landay, Program Manager, Fair Use Initiative — November 16, 2015
On October 30, CAA gave a presentation about its Code of Best Practices in Fair Use for the Visual Arts to participants at an all-day Leadership Forum organized by the Aspen Institute’s Artist-Endowed Foundations Initiative (AEFI). Attending the event were directors and board members of approximately seventy foundations, such as the Warhol Foundation, the Rauschenberg Foundation, the Pollock-Krasner Foundation, and many others. Speaking on behalf of CAA were Richard Dannay, an intellectual property attorney at Cowan Liebowitz & Latman, and a member of the legal advisory committee for the fair use project; Christine Sundt, editor of the journal Visual Resources and a fair use task force member and project advisor; and Anne Collins Goodyear, co-director of the Bowdoin College Art Museum, a principal investigator for the fair use project, and past-president of CAA, under whose leadership the initiative began.
Invited by Christine Vincent, project director of the Aspen Institute’s program, this was a unique opportunity for CAA to share the new Code. As caretakers of their artist’s lifetime works, these foundation directors are greatly concerned with the quality and accuracy of images and factual information published about them, as well as the protection of the artists’ reputations. This panel presented the thinking behind the principles and limitations to the doctrine of fair use that can ally the goals and interests of both copyright holders and users of copyrighted works.
Moderated by Stephen K. Urice, professor of law at the University of Miami School of Law and advisor to the Aspen Institute’s program, Richard Dannay began the panel with a definition of fair as stated in U.S. copyright law. He outlined the doctrine’s importance in providing room for creators to use copyrighted materials under certain circumstances without seeking copyright permission. These “fair uses” of copyright are in contrast to “infringing uses” and exist when the copyrighted materials are being used for qualifying interpretive or creative purposes. He then outlined the four factors listed in the Copyright Act of 1976 that help determine whether a purpose falls under fair use and went on to discuss the notion of transformative use: whether it “adds something new, with a further purpose or difference character.” In conclusion, Dannay emphasized the importance of understanding these considerations when determined whether or not a use of copyrighted materials can be considered fair or not; each instance of fair use is determined separately, based on the specifics of each case.
Christine Sundt spoke next about CAA’s longstanding commitment to copyright issues. “…the question of how to apply US law to our practices as artists and art historians, especially the doctrine of fair use, has been a recurring theme at our annual conferences for decades. Our members wanted answers and direction because they faced uncertainty and even disappointment in either trying to seek the law’s benefits as creators or when attempting to use rights lawfully as interpreters of art. Copyright is meant to be a balanced right but it was often impossible to see where or how this balance works.”
Sundt described CAA’s collaboration with the National Initiative for a Networked Cultural Heritage and the American Council of Learned Societies between 1997 and 2003 to sponsor workshops and discussion forums at conferences and universities, and, in collaboration with sister organizations, to explore the benefits, effects, and consequences of fair use to CAA’s wide and varied constituencies. She added that the association has also developed policies regarding orphan works. “When creative works are abandoned or not properly identified with a creator’s name, what should be required in order to use these works in transformative ways that revived them from obscurity? CAA’s members wanted direction about being innovative and creative while remaining ethical and lawful. CAA participated in the hearings on Orphan Works and prepared several amicus briefs when asked to provide opinions.”
The last speaker was Anne Goodyear, who described the best practices outlined in the Code, the method by which they were derived, and how CAA has implemented the Code since it was published in February. She cited the extensive research conducted by the authors of CAA’s Code of Best Practices, Peter Jaszi and Pat Aufderheide, including confidential interviews with 100 leaders in the field (a small number of whom represented artist’s estates.) The study revealed that many of the concerns CAA members had about copyright restrictions grew largely out of uncertainty about how and when fair use might apply to the development of new interpretive projects. “A principle aim for CAA,” she stated, “has thus been to educate visual arts professionals about its application.”
Next, Jaszi and Aufderheide met in small groups with a wide range of visual arts practitioners in five cities across the United States. Based on the information gleaned from these meetings a series of five fair use principles, each with attendant limitations, were developed in the following areas: analytic writing, teaching about art, making art, museum uses, and online access to archival and special collections.
Goodyear proceeded, “The third phase of the project brings us here today: the dissemination of the Code. On that note, it is worth stressing that CAA’s Code of Best Practices does not dictate specific standards, but instead provides flexible strategies to evaluate if a given use, whether traditional or innovative, is likely to be considered fair, even as applicable professional standards evolve. The Code will thus provide an enduring tool for both those who use and those who protect copyrighted materials as we work together to foster new creative insight and new knowledge.” She went on to describe ways in which the field is beginning to change, starting at CAA itself, where new author agreements invite contributors to its journals to rely on fair use if, based on a careful reading of the Code, they believe their use of the copyrighted materials falls within the principles and limitations described there. In conclusion, she pointed to the many endorsements the Code has received from professional associations, as well anecdotal evidence that in only eight months since its publication, the document is providing a greater sense of confidence to individuals and organizations wishing to use copyrighted materials in their scholarly and creative work.
The panel concluded with numerous questions from the floor, indicating the great interest in the topic by the artist-endowed foundation directors attending the event. Now that this community knows more about CAA’s fair use code, we hope more conversations will ensue to make reliance on it increasingly useful to the field. More information about the Aspen Institute’s Artist-Endowed Foundations Initiative can be found at www.aspeninstitute.org/aefi.
Image: Participants in CAA’s panel on fair use. From left to right: Richard Dannay, Christine Sundt, Anne Goodyear, Stephen Urice.
Failure as Art and Art History as Failure
posted by Janet Landay, Program Manager, Fair Use Initiative — November 13, 2015
The following article is by Susana S. Martins, a 2014 CAA-Getty International Program participant from Portugal, in which she uses a session at the 2014 Annual Conference as the starting point for a consideration of failure: “In particular, the stance that artistic failure may not configure just an impossible obstacle, but can equally offer an ideal standpoint for open experimentation and for raising constant questions, has proven to be quite popular among creators, particularly post the avant-gardes of the early twentieth century.”
Participants Selected for 2016 CAA–Getty International Program
posted by Janet Landay, Program Manager, Fair Use Initiative — October 07, 2015
CAA is pleased to announce this year’s participants in the CAA–Getty International Program. In an effort to promote greater interaction and exchange between U.S. and international art historians, CAA will bring colleagues from around the world to its Annual Conference, this year to be held in Washington, D.C. from February 3–6, 2016. This is the fifth year of the program, which has been generously supported by a grant from the Getty Foundation since its inception. The participants—professors of art history, curators, and artists who teach art history—were selected by a jury of CAA members from a highly competitive group of applicants. In addition to covering travel expenses, hotel accommodations, and per diems, participants in the CAA–Getty International Program also receive complimentary conference registration and a one-year CAA membership.
The participants’ activities begin with a one-day preconference colloquium on international issues in art history, during which they meet with U.S.-based CAA members to discuss common interests and challenges. They are assisted throughout the conference by CAA member hosts, who recommend relevant panel sessions and introduce them to colleagues who share their interests. Members of CAA’s International Committee have agreed to serve as hosts, along with representatives from several of CAA’s Affiliated Societies.
CAA hopes that this program will not only increase international participation in the organization’s activities, but will also expand international networking and the exchange of ideas both during and after the conference. CAA currently includes members from 70 countries around the world; see the International Desk on CAA’s website for news about international activities and opportunities. The CAA–Getty International Program supplements CAA’s regular program of Annual Conference Travel Grants for graduate students and international artists and scholars. We look forward to welcoming the following participants at the next Annual Conference in Washington, DC.
2016 Participants in the CAA-Getty International Program
Sarena Abdullah, Senior Lecturer, School of the Arts, Universiti Sains Malaysia, Penang
Abiodun Akande, Principal Lecturer, Department of Fine and Applied Arts, Emmanuel Alayande College of Education, Oyo State, Nigeria
María Isabel Baldasarre, Associate Professor, Universidad Nacional de San Martin, Buenos Aires, Argentina
Danielle Becker, Lecturer in Art History and Visual Studies, University of Cape Town and Stellenbosch University, South Africa
Heloisa Espada, Postdoctoral Researcher, Museum of Contemporary Art of the University of Saõ Paulo, Brazil
Ildikó Fehér, Associate Professor, Art History Department, University of Fine Arts of Hungary, Budapest, Hungary
Peyvand Firouzeh, Post-doctoral Fellow, Museum fur Islamische Kunst, Berlin, Germany
Lev Maciel, Associate Professor, National Research University, Higher School of Economics, Moscow, Russia
Bui Thi Thanh Mai, Lecturer of Art History, Head of Department of Academic Research Management and International relations, Vietnam University of Fine Arts, Ha Noi, Vietnam
Emmanuel Moutafov, Associate Professor, Director, Institute of Art Studies, Bulgarian Academy of Sciences, Sofia, Bulgaria
Ceren Ozpinar, Lecturer, Isik University and Kadir Has University, Istanbul, Turkey
Horacio Ramos, Associate Professor, Pontificia Universidad Católica del Perú
Olaya Sanfuentes, Professor, Pontificia Universidad Católica de Chile
Paulo Silveira, Professor, Universidade Federal do Rio Grande do Sul, Porto Alegre, Brazil
Sandra Uskokovic, Assistant Professor, University of Dubrovnik, Arts & Restoration Department, Croatia
Presentation of CAA’s Fair-Use Code in New York
posted by Janet Landay, Program Manager, Fair Use Initiative — October 01, 2015
“CAA’s Code of Best Practices in Fair Use for the Visual Arts: How Will It Help the Visual Arts Community?” is the name of a free presentation by Peter Jaszi, lead principal investigator of CAA’s fair-use project, that will take place at the New York Foundation for the Arts (NYFA) in Brooklyn on Tuesday, October 20, 2015, 6:00–7:30 PM. Jaszi will explain how the Code works, how it was created, and why it’s reliable. The presentation will be followed by a Q&A.
When can an artist or art historian use a photo she snapped in a museum for teaching? Can a museum reproduce an image from an exhibition of contemporary art in a related brochure without licensing it? How can fair use simplify the permissions process in publications? Can an archive put images from its collection online—and if so, with what restrictions? The copyright doctrine of fair use, which permits use of unlicensed copyrighted material, has great utility in the visual arts. But for too long, it’s been hard to understand how to interpret this rather abstract part of the law. The newly created Code of Best Practices in Fair Use for the Visual Arts, produced by CAA, makes it much easier to employ fair use to do scholarship in the visual arts, art practice, teaching, exhibitions, digital displays, and more.
The event will be held at NYFA’s office at 20 Jay Street, Suite 740, Brooklyn, NY 11201 (F train to York Street Station or A train to High Street/Brooklyn Bridge Station). The talk is free and open to the public but requires an RSVP via Eventbrite. The event is made possible by CAA, with a grant from the Andrew W. Mellon Foundation.
About the Presenter
Peter Jaszi is a professor of law at American University’s Washington College of Law, where he teaches copyright law and courses in law and cinema. He also supervises students in the Glushko-Samuelson Intellectual Property Law Clinic, which he helped to established, along with the Program on Intellectual Property and Information Justice. Jaszi has served as a trustee of the Copyright Society of the USA and is a member of the editorial board of its journal. A graduate of Harvard Law School (JD) and Harvard University (AB), he has written about copyright history and theory and coauthored Reclaiming Fair Use: How to Put Balance Back in Copyright (Chicago: University of Chicago Press, 2011) with Patricia Aufderheide.
Final Webinars in Series on Fair Use
posted by Janet Landay, Program Manager, Fair Use Initiative — May 26, 2015
Register now for the next webinar in CAA’s series on fair use in the visual arts, meeting this Friday, May 29 at 1 PM EDT and the final review on Friday, June 5 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 museums and archives and a final review of the entire series. Registration for the live events is free and open to the public thanks to a generous grant from the Andrew W. Mellon Foundation.
Video recordings of the webinars in this series are available for CAA members. To access, log into your account on collegeart.org and click on the “Webinars” tab in the left-hand navigation column. 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 remaining webinars, however you may attend any number of the remaining webinars through this registration. The webinars will cover the following topics:
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