The College Art Association (CAA) condemns all forms of systemic racism, violence, bias, aggression and the marginalization of Black, Indigenous, and all Peoples of Color (BIPOC) as well as discrimination based on race, intersectionality, ethnicity, and socioeconomic status. As a community of those who study, teach, write about, advocate for and/or create art and design, we have committed our life’s work to learning-from, exploring-with, and creating-towards our shared humanity. As a membership organization we choose to use our voices to speak to one another and speak up for one another.
To ensure lasting change:
- We encourage the creative community to examine biases, micro-aggressions, and who we leave out.
- We encourage learning from sharing narratives of BIPOC.
- We encourage providing services and support for underrepresented and entirely non-represented members of the community.
- We will work to create and promote standards and systems that actively support equity in anti-racist teaching, research, publication and creative practices.
In solidarity, CAA, its board, and its staff continue to amplify equity, diversity, and inclusion and call our community to action with us in this commitment to change.
An Interview with Suzanne Preston Blier on CAA’s Code of Best Practices and Publishing with Fair Use
posted by CAA — May 19, 2020
In 2019, Suzanne Preston Blier, professor of African art at Harvard University and former president of CAA, published a major book on Picasso’s use of global imagery, Picasso’s Demoiselles: The Untold Origins of a Modern Masterpiece. In addition to its scholarship the book is groundbreaking for its reliance on fair use, the principle within US copyright law that permits free reproduction of copyrighted images under certain conditions. CAA led the way among visual arts groups in calling for reliance on fair use, producing in 2015 its Code of Best Practices in Fair Use for the Visual Arts.
In this interview with Patricia Aufderheide, university professor and founding director of the Center for Media & Social Impact (CMSI) at American University, and a principal investigator in the CAA fair use project, Blier relates how she became an inadvertent pioneer of fair use in art history.
An Interview with Suzanne Preston Blier, Harvard University
By Patricia Aufderheide, American University
I met Prof. Blier, an award-winning art historian, when CMSI joined others in facilitating the Code of Best Practices in Fair Use for the Visual Arts for the College Art Association (CAA), with funding from the Samuel H. Kress and Andrew W. Mellon Foundations. Fair use is the well-established US right to use copyrighted material for free, if you are using that material for a different purpose (such as academic analysis, for instance) and in amounts relevant to the new purpose. Blier was the incoming president, as the Code launched.
The project addressed a huge need. Art historians, visual artists, art journal and book editors, and museum staff all have faced major hurdles in accomplishing their work because of copyright. Art historians avoided contemporary art in favor of analyzing public domain material. Visual artists hesitated to undertake innovative projects that reuse existing cultural material. Editors, or sometimes their authors, faced monumental bills for permissions and sometimes those permissions depended on an artist or artist’s estate agreeing with what they say. Museums hesitated to do virtual tours, or use images in their informational brochures, or even to mount group exhibits, because of prohibitive permissions costs. All together, some people in the visual arts called this “permissions culture.”
Once the Code came out, some things changed immediately. Museums rewrote their copyright use policies. Artists made new work. CAA’s publications—some of the leading journals in the field—adopted fair use as a default choice.Yale University Press prepared new author guidelines for fair use of images in scholarly art monographs to encourage fair use. Blier was one of the Code’s champions.
And then she needed it herself. As she began work on her most recent book, which ultimately resulted in Picasso’s Demoiselles: The Untold Origins of a Modern Masterpiece (Duke University Press, 2019, winner of the 2020 Robert Motherwell Book prize for an outstanding publication in the history and criticism of modernism in the arts by the Dedalus Foundation), she realized the subject faced the stiffest possible copyright challenge. To tell her story, she would have to be able to show images from a variety of artists, most challengingly, Picasso. She thought of Duke University Press, a publisher that has been willing to go ahead of others on fair use. So Blier approached them. Duke was very supportive, and they ended up hiring extra legal counsel for this. In the end, Blier said, she had to rewrite certain sections, and redo some images at the suggestion of outside counsel, to strengthen the fair use argument.
Blier tells the story of how the book got out into the world (and won an award), below.
You’re an expert in African art. How did you end up writing a book about one of the most famous modernist artists?
This is a book I never intended to write; it found me. For my previous book, Art and Risk in Ancient Yoruba: Ife History, Power, and Identity, I was doing those last-minute bits of work in the library to check sources, and I pulled out a book adjacent to the book I was looking for, an old book by the German anthropologist, Leo Frobenius. I hadn’t read it since graduate school. As I opened it up, I looked down and I said, Wow, this is a book on African masks and they look like they’d be the ones Picasso used as models for his famous 1907 painting Demoiselles d’Avignon. At the time I had first read the book, Picasso’s drawings for the painting hadn’t been released. This time I saw it differently and as I was looking at it in the library, I saw there was tracing paper over the pictures. There was a line drawing covering each mask, and that seemed significant too.
The next thing I knew, I was hunting for a book from the Harvard library on Dahomey women warriors. It turned out it was in the medical school library, which should have been a sign. When I picked it up at the main library and flipped it open, I thought, Oh my god, it’s pornography! It was photos and line drawings of women around the world, in supposed “evolutionary” order. Photos of naked women begin with so-called “archaic,” in Papua New Guinea, right through to southern Europe, then Denmark. In the library I’m bending over, kind of hiding it, out of embarrassment. I bring it home and realize, Ohhhh! Here’s another key source for Demoiselles. This volume, which was by Karl Heinrich Stratz, had gone through multiple editions, and one was published about the same time Picasso stopped using living models. Then I found another book, by Richard Burton, which had a rendering that Picasso clearly used for his 1905 sketch Salomé.
What happened next was the clincher. I went to Paris to lecture at Collège de France. The week before my lectures, I went to hear another speaker at the Collège, a medieval historian. One of the first slides he presented was a work from a medieval illustrator, Villard De Honnecourt. This book was a modern edition of an illustrated medieval manuscript, published in the right time frame for Picasso to have seen it. And I thought, Well, here’s another source Picasso used.
Later I was also able to rediscover a photo that allowed me to date the painting to a single night in March 1907. The scene is often identified as a brothel, but bordel in French doesn’t mean bordello, but rather a chaotic or complex situation. It was my belief that Picasso was creating a time-machine kind of image of the mothers of five races, as he understood them from the Stratz ethno-pornography book and other sources, each depicted in the art style of that region or period. My larger argument is not only that Picasso was using book illustration sources, but also that these books invite us to see the canvas in a new light, and that, for Picasso, the painting has its intellectual grounding in colonial-era ideas about human and artistic evolution.
What a sleuthing job! And so you decided to write the book then?
I wrote the first two chapters while I was in Paris doing the lecture. I saw it not as a coffee-table art book, but the kind of book you put in your knapsack as you head off to a long ride on the subway.
It was easy to write, but it was a very different story for the images. I immediately got a trade publisher in Britain to agree to publish it, and then they said they could not do it, because of problems getting permission to reproduce images from the Picasso Foundation.
The Picasso Foundation is notorious for making it difficult to access Picasso images, isn’t it?
The price of permissions is high, and this Foundation like many estates is interested in guarding the artist’s reputation as well. The difficulties of publishing on Picasso have been manifested in how little publishing was being done, and how scarce the images were in that work. Since 1973, there have been few heavily illustrated books about Picasso, except by wealthy individuals or museums in relation to an exhibition. I had heard about Rosalind Krauss publishing a work without permissions—at least that’s what I heard—anyway, she used very few images. Leo Steinberg apparently had not been able to arrange the rights for a work he wanted to do, a book edition of his two seminal articles on Les Demoiselles.
Although I hadn’t realized it until recently, in September 2019 there was an important case in the US, about a set of illustrated books by Christian Zervos with a wide array of Picasso illustrations. The case was started in France, but a US judge has allowed fair use.
But generally, yes, there’s common wisdom among art historians that the Picasso Foundation is a formidable challenge.
So how did you proceed when the first publisher backed out?
I was disheartened, but I got an agent. He sent it off to ten or twelve trade publishers worldwide—and came up with nothing.
Then I realized I was going to have to go to a university press. That was a big decision. The trade publication will pay for the images, and do all the work on the rights clearance. But with a university press, you’re on your own.
One of the first people I contacted was legendary editor Ken Wissoker at Duke University Press. He was interested, but then came the issue of the images. I may have broached fair use with him from the start. The manuscript had gone through peer review and it was in great shape except for this copyright issue. I had quite a number of images—in the end, it was 338. At Duke, they won’t begin the editorial process until you have all the copyright clearances on images done. So I began the difficult process of deciding how to get the images.
Were you in contact with the Picasso Foundation directly?
I did contact them, in order to let them know about the project in general. I was doing final research work in Paris. I had framed the book as a travelogue in part addressing my discovery of these sources. I also wanted to find out so much more about Picasso. I’m not a modernist, I’m an outsider to the field. So I worked hard to get as much insight and criticism of the manuscript from specialists as I could.
I made it a point to meet with people at the Picasso Foundation. I had a Powerpoint of the images, which I showed to one of the key people there. Later I wrote to them, “here’s the manuscript, let me know if you have any thoughts.” And I heard nothing back. I had heard that with some manuscripts, they have been concerned one way or another. I didn’t want their permission for the intellectual content, but since they knew this artist and his life and family better than any academic could, I wanted their insights.
And then you started to look for permissions?
Well, I began to think about the cost of acquiring the images. The process is such that you have to go through the Artists Rights Society (ARS, a US licensing broker). And to get a price, you have to furnish the number of images, how many are color, the size of the print run, the prospective profit, and a whole series of things we could not know. Duke wouldn’t even look at the project editorially without having the rights in hand. I had heard difficult stories—that they were interested in looking at the galleys along the way, and requesting changes, for quality control, but it wasn’t possible to do this and work with the press.
If I had to guess, I would say that it might have cost me something like $80,000 of my own money to purchase the minimum number of images for this scholarly book, from which I expect to make no money, or very little.
So how did you come to the decision to use them under fair use?
I had been president of CAA in 2016-17, and a longtime promoter of fair use and IP issues more generally. I was involved in the creation of the Code of Best Practices in Fair Use for the Visual Arts. For me, CAA’s role in fair use is one of the most important and radical (in a positive way) things that it has ever done.
I decided that fair use would make the most sense in this context. This was a book about an important modern artist. In addition, I’m a senior scholar—this was not my first publication. If the worst happened, if I had problems, well, I’ve had a great career and this would not harm it. I have tenure and so on. Also, as the then-president of CAA, I thought it was important to do this.
Besides, this to me was part of a larger picture of what I had done in my larger career. I’m very active locally in civic affairs, and really interested in promoting transparency, and democratic ideals. I was also very fortunate to have Peter Jaszi, a foremost legal scholar on fair use (and another principal investigator on the CAA project), working with me. At his suggestion, I took out an insurance policy, which for a fee—I think about $5,000—(with a $10,000 deductible) I was able to lower my anxiety level. I also paid $400 for an attorney to look over the insurance contract. And I had good friends like you, who when I got cold feet assured me it was the right thing to do. And of course, Duke is a publisher that has been willing to go ahead of others on fair use.
Can you give me an example of something you had to change in the text to strengthen the fair use argument?
With a museum photograph of an African mask, for example, I had to explain why this particular way of photographing the work was critical to the argument in my book. I had to ad a few sentences to justify my selection of several Picasso works as well. I also had to give reasons in my text for why each of the chapter epigraphs was necessary.
Did you have to alter the use of imagery in any way to accommodate fair use?
There are changes the press made, design-wise, that reflected in part the decision to employ fair use. Many of the photos are shown in black-and-white and the majority are reduced in size. I was constrained by the fact that I could only employ fair use if I could get access to the materials without going through the Picasso Foundation. So I had to acquire nearly all the images from published books, and many of the Picasso images were published in black and white and at a very small size, in a grainy context. I had to spend a lot of time hunting down the best possible images to use. In my book they are shown in relatively small size, along with information on where you can find color versions online.
That didn’t bother me too much, though. For readers and viewers at this juncture in the Internet era, we have become expert at extrapolating the fuller figure from a small image.
There is also a small spread of color images, a couple Picasso works as well as from other artists. For these images color was central to the book.
The decision to publish largely in black-and-white was, I think, also related to the fact that the Picasso Foundation and others are concerned that color representations be incredibly accurate, and it is very hard to get the color exactly right, when copying from books. You also have an issue with paper quality in getting accurate representation.
The cover is a handsome design, and very clever. They broke up the images into thumbnail-like sections, requiring you as a viewer to put them together as one image, similar to how Picasso was thinking in the early stages of cubism, where you as a viewer of an assemblage have to assemble them in your own mind, to make it work for you as a whole.
How was the book received?
It was a finalist for the Prose Prize, a prize of publishers to authors. My previous book won it in 2016. I didn’t expect to win it this time again, in 2019. I was very honored that it was a finalist. It was also featured in the Wall Street Journal’s holiday art book list. And then, just recently, it won the Robert Motherwell Book Award.
Has the Picasso Foundation seen the book?
To date I’ve heard nothing. I was thinking earlier that the Picasso Foundation might want to stop it pre-publication. So much so that when I came back from travel in Africa, I went first to my academic mailbox, and was relieved when I saw no big legal envelope. But there has been no pushback. I certainly gave them the opportunity to comment on the content while it was still in manuscript. And last April or May, I went to France to meet with the curators at Musée Picasso about contributing an essay to a catalog. I sent them an article draft which they decided not to publish, which is fine, but also sent them a copy of the manuscript, and of course the Musée speaks to the Foundation.
Interestingly, the two cases where the Foundation has sued or prevented publication that I know of have to do with children’s books about Picasso. I don’t know what that means.
Does the wider art history community know about this?
I hope this personal story makes a difference. We still have a lot of educating to do, in spite of the work we did around the Code. I continually get, on the art history listservs, questions—How can I get permission, and I always say, Use fair use. People still don’t trust it or believe it’s more difficult than it is.
At the CAA conference I just went to in Chicago, there seems to be a division between presses. Presses at private universities–Yale, Princeton, MIT, Duke—seem to feel more comfortable exploring this. But for university presses at some public institutions, these legal issues have to be taken up with the state attorney general, and there can be real nervousness stepping outside a narrow parameter. I learned this speaking to an editor at a state university press in a progressive state, who believes they’re being held back because of this fear.
I was pleased to see at this same conference a pamphlet on fair use by Duke University Press’s former Director, Steve Cohn. In his essay, he mentions my Picasso book and how happy he is that Duke chose to publish it this way. I figured, if Steve is openly talking about this fair use project, then the proverbial cat is out of the bag, and I could be more open and provide some of the back story from my end.
CAA’s scholarly publications, The Art Bulletin, Art Journal, and Art Journal Open rely on fair use as a matter of policy, and indicate when they do so in their photo credits. View a complete discussion of fair use and CAA’s Code of Best Practices.
posted by CAA — May 12, 2020
In fall 2018, we announced CAA had received an anonymous gift of $1 million to fund travel for art history faculty and their students to special exhibitions related to their classwork. The generous gift established the Art History Fund for Travel to Special Exhibitions.
The jury for the Art History Fund for Travel to Special Exhibitions has now selected the second group of recipients as part of the gift. This year’s awardees are:
Holly Flora, Tulane University, New Orleans, LA
Course: Art, Cosmopolitanism, and Intellectual Culture in the Middle Ages
Exhibition: Medieval Bologna: Art for a University City at the Frist Center for the Visual Arts, Nashville, TN
Caroline Fowler, Clark Art Institute, Williamstown, MA
Course: Slavery and the Dutch Golden Age
Exhibition: Slavery at the Rijksmuseum, Amsterdam
Maile Hutterer, University of Oregon, Eugene, OR
Course: Time in Medieval Art and Architecture
Exhibition: Transcending Time: The Medieval Book of Hours at The Getty Center, Los Angeles, CA
Erin McCutcheon, Lycoming College, Williamsport, PA
Course: Art & Politics in Latin America
Exhibition: Rafael Lozano-Hemmer: Unstable Presence at SFMOMA, San Francisco, CA
Shalon Parker, Gonzaga University, Spokane, WA
Course: Women Artists
Exhibition: New Time: Art and Feminisms in the 21st Century at the Berkeley Art Museum and Pacific Film Archive, Berkeley, CA
Rebecca Pelchar, SUNY Adirondack, Queensbury, NY
Course: Introduction to Museum Studies
Exhibition: Marcel Duchamp: The Barbara and Aaron Levine Collection at the Hirshhorn Museum, Washington, DC
As museums and schools have moved online in light of the coronavirus pandemic, we are being as flexible as necessary with the dates of travel to accommodate all award winners and classes.
The Art History Fund for Travel to Special Exhibitions supports travel, lodging, and research efforts by art history students and faculty in conjunction with special museum exhibitions in the United States and throughout the world. Awards are made exclusively to support travel to exhibitions that directly correspond to the class content, and exhibitions on all artists, periods, and areas of art history are eligible.
Applications for the third round of grants will be accepted by CAA beginning in fall 2020. Deadlines and details can be found on the Travel Grants page.
posted by CAA — March 12, 2020
The CAA Advocacy Committee approved the following statement in March 2020.
CAA condemns the termination of employment for graduate student strikers at the University of California, Santa Cruz, calls for their reinstatement, and urges the university to commence negotiations with the students as soon as possible. This action has affected graduate students in the visual arts, which will impact their lives in serious ways, including the loss of medical insurance and residency status. We consider that their demands for an appropriate augmentation of salary in line with the increased costs of living are legitimate and note that they now have the support of the UAW, with whom the university is contracted.
Graduate students are indispensable workers who cannot be expected to execute their teaching duties and to pursue their own research when housing and food costs are not affordable with their current wages. CAA maintains that graduate students should be compensated at a level that makes it possible for them to flourish on campus as research assistants, teachers, and emerging scholars. A fair wage correlated with cost of living increases is a necessary precondition for their own work, essential to fulfilling the educational mandate of their departments, and essential for the dignity of all workers at the university. To punish students for exercising their rights to demand a decent wage is, in our view, unjust and unacceptable, and all penalties should be reversed immediately.
UC Graduate Students Threaten More Strikes as Movement Grows (Los Angeles Times)
Why We’re Striking for Fair Teaching Wages at UC Santa Cruz — Even With a Baby on the Way (Washington Post)
California University Fired 54 Grad Students Who Were Striking for Higher Pay (CNN)
Why Graduate Students at UC Santa Cruz Are Striking (New York Times)
CAA Standards and Guidelines for Part-Time Professional Employment (CAA)
posted by CAA — February 26, 2020
As part of the 2021 Annual Conference, CAA seeks to offer a selection of sessions, papers, speakers, and related programming on the topic of Climate Crisis. Including but going beyond eco-art and eco-criticism, and with climate justice and intersectional thinking as priorities, panels and presentations can address ecology as a matter of the content of artworks, but also, and pressingly, how we—artists, designers, and art historians, institutional stakeholders and independent practitioners, and members of allied fields—can and should change our professional practices in light of the crisis.
We invite discussions of creative interventions into the status quo, up to and including a serious discussion of ways of reducing the carbon footprint of the annual conference itself, while preserving and enhancing access. Practices and themes may include remediation and amelioration, thematic representation and critique, the ramifications of change for institutions and collections, issues of preservation, and the nature of research. We invite radical and practical proposals. The conference content will stress a broad and inclusive conversation on climate crisis impact through the lens of age; gender; nationality; race; religion; and socioeconomic status among others.
posted by CAA — February 03, 2020
Dear Fellow CAA Members,
Last week CAA forwarded to its members an article from a student newspaper, the Yale Daily News, on the subject of introductory courses in the History of Art at Yale, without opportunity for comment from the Department. In the statement below my colleagues and I explain what is actually happening, as we move to offer Yale undergraduates a range of introductory courses that do justice to the diversity of our faculty’s research, of Yale’s collections and of the student body itself.
I work with a group of brilliant art historians who are constantly rethinking what we teach and how to teach it – our vision is expansive rather than reductive, in terms both of coverage and of art-historical methodology. It’s an interesting reflection on the current media ecology that the modest, incremental and generous changes being introduced to Yale’s curriculum could lead to an astonishing outburst of reactionary moral outrage online. Hyperbolic comparisons are rife: the ‘New York Post’ sees us as Visigoths poised to destroy Rome. We read of ‘Stalin at Yale.’ But Stalin murdered nine million people, while our Department is offering four, rather than two, 100-level courses. The parallel is imprecise, to say the least.
As all of us, across the profession, are exploring how to move forward, inspiring students to study the history of art and architecture. This is a matter of urgency in a world where critical visual skills have never been more important. We assert for our discipline a central role in a liberal arts education. Accordingly, plans are already afoot for a discussion around introductory art history teaching at the New York meeting of the Association in 2021. Visigoths will be welcome. I hope to see you there!
- Tim Barringer, Chair, Department of the History of Art, Yale University
The following statement has been approved by all members of the History of Art Department at Yale University:
For more than half a century, Yale’s History of Art Department has been dedicated to “the study of all forms of art, architecture, and visual culture in their social and historical contexts.” A particular strength of the Department’s teaching is close engagement with the great works from major world traditions held in the Yale University Art Gallery, where spectacular examples of European and American paintings and sculpture, prints, drawings and photographs sit alongside world class collections of Asian, African and the Indo-Pacific art. The Beinecke Library, Yale Center for British Art and Peabody Museum hold manuscripts, paintings, drawings and artefacts central to our field of study and teaching mission.
Art history is a global discipline. Yale faculty have made field-changing contributions to the study the arts of the Americas (notably Pre-Columbian art and the full range of North American art from colonial to contemporary), African art and arts of the African Diaspora, Asian and Islamic Arts, and European art from ancient times to today. The diversity of the Department’s faculty and our intellectual interests finds an analogue in the diversity of today’s student body.
Discussions in the Department have focused on how to ensure that this diversity of research and resources can inform and energize our teaching. Offerings at the undergraduate level include upper-level lecture courses that address a full range of subjects (such as ‘Greek Art and Architecture’, ‘African Arts and Expressive Cultures’, ‘American Photojournalism’ and ‘Introduction to Contemporary Art’). Small intensive seminars are more focused still (such as ‘Surrealism,’ ‘Japanese Screens’, and ‘The Global Museum’). We aim for the widest possible selection of courses, balanced across time and region, while we maintain and cherish intensive coverage of western art, from classical Greece to medieval, Renaissance and Baroque, nineteenth-century, modern and contemporary.
But what about survey courses, which aim to introduce a large body of students from across Yale to the History of Art? We have traditionally offered two survey courses. The first discusses the ancient Middle East, Egypt, and pre-Renaissance European art (HSAR 112). The second covers European and American art from the Renaissance to the present (HSAR 115). New introductory courses have been added to these two offerings, such as ‘Global Decorative Arts,’ ‘Arts of the Silk Road,’ ‘Global Sacred Art’ and ‘The Politics of Representation.’ Faculty members have designed these introductory courses to engage the wealth of objects in Yale’s collections but also to move across traditions and periods.
Beginning this past Fall 2019, the Department committed to offering four different introductory courses each year. All of these courses, current or future, are designed to introduce the undergraduate with no prior experience of the History of Art to art historical looking and thinking. They also range broadly in terms of geography and chronology. Essential to this decision is the Department’s belief that no one survey course taught in the space of a semester could ever be comprehensive, and that no one survey course can be taken as the definitive survey of our discipline.
As we continue to renew our curriculum while preserving our commitment to introductory teaching of the broadest scope, new courses will replace HSAR112 and 115. Some will engage with the monuments and masterpieces of European and American art, some will introduce other world traditions, and some will be organized thematically offering comparative perspectives. As always, our introductory classes will bring Yale students face to face with works of art and material objects of great beauty and cultural value from across time and place.
We remain as committed as ever to “the study of all forms of art, architecture, and visual culture” and to sharing insights into works of art, from the Parthenon sculptures to Benin bronzes, from Renaissance Florence to Aztec sculpture, from the Taj Mahal to performance and digital art. As life becomes increasingly dominated by the visual, through screens and lenses, Art History’s focus on critical visual analysis has never been more relevant. Recent excitement on social media about Yale’s curriculum demonstrates just how significant and lively – even controversial – the study of Art History can, and should, be. We are delighted to welcome large numbers of students to Art History classes at Yale now and in the future.
Up next in our Member Spotlight series, we are highlighting the work of Barbara Hoffman, founder and principal of The Hoffman Law Firm and a pioneer in the field of art law who served as CAA’s pro bono legal counsel for ten years. Joelle Te Paske, CAA’s media and content manager, spoke with Barbara over the phone to learn about her rich history with CAA. Read the interview, edited for length and clarity, below.
Hi Barbara. I’m delighted to have the chance to speak with you. You are one of our esteemed lifetime members who has been a part of the organization in various capacities for more than 40 years. That’s incredible.
The pleasure is mine. I loved working with CAA during my tenure there.
Just looking over your bio on your website, I’m just amazed at how many different roles you’ve taken on over your career as an art lawyer. How did you first get involved with CAA?
I’ve always been interested in art, and I studied in Paris at the Académie Julian during my junior year when I majored in French and Art History. But I wasn’t very aware of the College Art Association.
After my studies, I was one of the early art lawyers. I had founded the Volunteer Lawyers for the Arts in the state of Washington, and continued to develop and write on the subject of art law, at a time when there were only a handful of people who were doing it.
Before then, I practiced civil rights law in New York. I’m from New York—I went to Columbia Law School—and was helping artists on the side when I was in my senior year. I volunteered as a lawyer for the first Volunteer Lawyers for the Arts in New York. I was then recruited to be a law professor in Seattle and I’d had so much fun with Volunteer Lawyers for the Arts that I thought I would join the Washington branch when I moved. When it didn’t exist, I ended up founding the statewide Washington Volunteer Lawyers for the Arts, and hosting an art law clinic at the law school.
Oh, interesting. So it started in New York and then you brought it over to the West Coast, in Washington.
Yes. Then eventually I moved back to New York and I joined the New York City Bar Art Law Committee. I was also Chair of the Public Art Subcommittee. We drafted a balanced, annotated model contract to be made available to artists and administrators. Percent for Art was just starting, and most artists and bureaucrats had little knowledge of copyright and other issues in public art.
The National Endowment for the Arts put together a task force of artists and administrators in which I was invited to participate, alongside Joyce Kozloff, who was on the CAA Board of Directors at the time. Susan Ball was executive director at the time. There was a feminist uprising, and my name was put forward to replace Gil Edelson.
I was CAA’s pro bono outside counsel and member of the executive committee for ten years. Among many activities, I wrote a column for CAA on legal issues. My fondest memories are those of working with the different CAA committees and their chairs. Particularly memorable was the work I did with Albert E. Elsen, a professor of art history and a great scholar on Rodin. We revised the guidelines for the code of ethics for art historians. And I worked with several well-known artists too, many of whom are no longer with us.
I also advised all the CAA publications. This was an interesting time for the issues of fair use and copyright in images. Through me, CAA got involved in what was called the Conference on Fair Use, taking place under the US Patent and Trademark Office and the US Copyright Office, which dealt with bringing copyright law into the digital world.
Before I came in to represent CAA, most of the people there were representing either libraries on one side, who were of course for fair use, or publishers, both trade book and academic publishers, who were of course for a stricter interpretation and enhanced copyright protection. But nobody was really talking about issues like images until we brought up to the subject.
On that issue I worked very hard, and CAA worked very hard. It was extremely controversial for the organization, because as you know, everybody at CAA wears multiple hats and the copyright issues involved both publishers and scholars. So I worked with the Copyright Committee and Fair Use and Christine L. Sundt, president of the Visual Resources Association and a member of CAA. She was a passionate devotee of legal issues there.
I imagine those are the fundamental building blocks for CAA’s Code of Best Practices in Fair Use that was published in 2015.
There are earlier versions of it, too. There was one during my tenure and then it evolved over time. We were never successful in terms of getting the government, the Conference on Fair Use, to be able to come together to develop official guidelines. I spent hours and hours and hours developing scenarios. We tried to get people’s agreement on the analysis and whether it was or wasn’t fair use. But at the end there was never a resolution of that and I think it continued on until 2015. It was a long-going effort. We were the first people to really address the whole issue in the late eighties, early nineties.
That’s fascinating. And especially now, with the emergence of the internet.
Another thing that we were really involved with during my tenure was the issue of freedom of expression. I represented CAA and was active in what we now call the Culture Wars, when Jesse Helms tried to ban the publication of [Robert] Mapplethorpe’s images. This was in 1989, and continued through the 1990s.
They were extremely active times. I’m most proud of the two-volume issue I did on censorship with Robert Storr for Art Journal. It was voted at the hundredth anniversary conference the best Art Journal that was published in the journal’s history.
For the double issue, I dedicated my statement to Justice Brennan of the Supreme Court. In my view, his decisions on the Supreme Court regarding the First Amendment and freedom of expression basically did more to provide contours of protection for artistic expression than any other Supreme Court Justice.
Then Rob Storr made his editor’s statement a full reprint of Mapplethorpe’s X Portfolio. He got permission from the Mapplethorpe Foundation because of his connections to publish them, but when we sent it to our normal printer, they were afraid to publish it because they thought they (or CAA) would be sued for pornography. They asked us to find a different printer. So we sent it around to all these places that might publish pornography. But the pornography magazines that we sent them to didn’t have the quality that we would require for the CAA journals! So we went to The Burlington Magazine and asked them if they would print it. It was much more expensive, but our usual printer paid the difference. So it was actually printed, by my recollection, by The Burlington Magazine.
There were two fall outs from the issue. The first fall out was a number of CAA members dropped their membership. Pretty amazing. They said the issue should have come with a warning label. You know, they got it in the mail, they left it on the table, and then their children saw it, with no warning.
Another spin off was because the CAA journal goes to every single university that’s a member for the library and art departments, the images that people had been talking about—but never saw—were suddenly available. As part of this I ended up participating in a panel at the University of Nashville, defending a professor who had brought that issue to his class of drawing and photography.
It was all a very meaningful experience. As a result, I was involved in authoring two friends of the court briefs, in the district court and the appellate court, on behalf of the College Art Association. Those were then quoted by the court defending Karen Finley and what they called the NEA Four [Karen Finley, Tim Miller, John Fleck, and Holly Hughes], who had their NEA grants declined because of the Helms amendment. So we introduced a friend of the court brief on behalf of College Art Association, and another one was on behalf of College Art Association and PEN America.
Later on, the organization’s centennial publication featured an image from Faith Ringgold’s French series that I licensed as her lawyer at the time. Faith was an active CAA member on the board and committee on diversity.
The complexity of being an art lawyer—it brings you into so many different issues.
It was great. As I said, I worked with all the CAA Committees over that time. I still go to conferences from time to time and participate. And I just, you know, I’m happy to see so many artists that I’ve worked with being rewarded over time by the CAA. I’ve shown up for their presentations, the last ones being Howardena Pindell and Ursula von Rydingsvard for lifetime achievements.
Yes! Our 2019 honorees.
So I’m still keeping up and seeing how the organization has grown and changed. My legacy is these cases, my friends, and the guidelines. A wonderful opportunity for me to combine my passions—law and art history. As a member of the Executive Committee I attended all the CAA annual conferences, and when I wasn’t doing official business, I’d go to art history sessions. I have very happy memories of the wonderful people that I met there. I’m still in contact with many of them. That’s a part of my life that’s ongoing.
And I’m still doing the same thing—still fighting for artists. Still fighting for the first amendment. Still doing public art. So, I feel very fortunate to be a life member.
Barbara Hoffman Biography
The Hoffman Law Firm continues as a preeminent global art and copyright boutique with a focus on Europe, Asia, Africa, and the United States. Author and editor of A Visual Artist’s Guide to Estate Planning (1996 and 2008), Barbara Hoffman also advises artists, galleries, and their estates on legacy planning, and endowed foundations.
Barbara has been recognized by her peers and clients with leadership posts and honor, including as Chair of the New York City Bar Association Committee on Art Law, Chair of the International Bar Association Committee on Art and Cultural Institutions and Heritage Law, and being selected to New York Super Lawyers, Best Lawyers in America, and Best Law Firms in art law and copyright law (2012-2020).
In addition to her service on the CAA executive committee, Barbara serves or has served on many boards, including ArtTable, Performa and the boards of several artists’ foundations. She was voted one of Art and Auction 51’s Power Women in the Art World 2016. www.hoffmanlaw.org
posted by CAA — October 28, 2019
We are delighted to welcome Dr. Kellie Jones, professor in Art History and Archaeology and the Institute for Research in African American Studies (IRAAS) at Columbia University, as the Distinguished Scholar for the 108th CAA Annual Conference in Chicago, February 12-15, 2020.
Dr. Jones, whose research interests include African American and African Diaspora artists, Latinx and Latin American Artists, and issues in contemporary art and museum theory, is the recipient of awards from the Hutchins Center for African and African American Research, Harvard University, Creative Capital, and Warhol Foundation, among others. In 2016, she was named a MacArthur Foundation Fellow. In 2018, Dr. Jones was the inaugural recipient of the Excellence in Diversity Award from CAA.
CAA media and content manager Joelle Te Paske spoke with Dr. Jones earlier this fall to learn about what she’s working on and looking forward to in upcoming exhibitions and scholarship. Read the interview below.
This interview has been edited for length and clarity.
Hi, Professor Jones. Thank you for taking the time for this interview. It’s an honor to speak with you and we’re excited that you’ll be with us in Chicago.
I’m looking forward to it.
Great. So to begin—to locate ourselves in time and place—how are you? How was your summer?
It’s always fun, and it always ends too quickly. I think that’s just normal. [Laughs]
Yes, I guess that’s where we should be at this point [laughs]. Were you working on a particular project this summer?
Yes. I was working on a project for Center for Advanced Study in the Visual Arts (CASVA). Huey Copeland of Northwestern University and Steven Nelson of UCLA are spearheading a Black Modernisms seminar with a group of scholars. I just finished an essay on the Harlem Renaissance that is still to be titled. I haven’t written extensively on that period so I’m really looking forward to hearing back from them. It involves race and gender and I’m very excited about it.
What else is exciting in your work right now?
Candida Alvarez: Here, A Visual Reader (Green Lantern Press 2019), the first major monograph on the Chicago-based painter, is about to hit shops. I’m excited by this project to which I contributed the essay, “When Painting Stepped Out to Lunch.” I have book that I’m finishing on global conceptual art networks that is tentatively titled Art is an Excuse, on how conceptual art allowed for different types of global connections. One great example is Senga Nengudi and her relationship to Japan which is something I’ve written about earlier but I wanted to more forthrightly connect to Japanese conceptualism. So how does Senga Nengudi fit into that dialogue, or what is her dialogue? I’m thinking about conceptual art as a motor for global art connection, different from what people call globalization—more like artist dialogues, not neoliberal globalization.
A macro view.
The book is more about relationships. We always think about artists in their particular nationalist space. What did Japanese conceptualism look like? What did Latin American conceptualism look like? How were they different? But we really don’t talk about the kind of dialogue that people have with each other. That’s really the whole premise of the project.
That’s terrific. I read that for undergrad at Amherst College you made an interdisciplinary major. I was going to ask: Has an interdisciplinary outlook been formative in your career? But I feel you’re already embodying that.
You’re absolutely right. I created an interdisciplinary major at Amherst. Shout out to my alma mater and to liberal arts education.
We love that at CAA, yes.
And we love it because it allows people to see the breadth of the world in some fashion and then choose something or choose a few things. I’m one of the people that thought about Latin American and African American and Latinx artists at least from my college years, and I’ve been going with that for the longest, along with ideas of the African diaspora. You might start out with “Let’s compare”—the comparative structure; the binary is such a signature of art history. But then you realize that it’s so much more than a just a binary—the interdisciplinarity, the multidisciplinarity. That’s always been a part of what I’ve looked at because at that time—and I know I’ve said it on numerous occasions in numerous platforms—art history was really taught one way. Because I had grown up in New York I said, “But wait a minute, they’re leaving out all of these people that are making art that I know!” That I see every week. I mean, how is that possible? So I started there and just kept going.
I also read that you wanted to be a diplomat originally, and that makes sense to me. I think art historians are often part-diplomats, part-detectives, part-scientists. There’s so much that goes into the field.
Absolutely. I wanted to get away from art. I grew up with artists and poets and I said, “Oh my god, these people are broke. I can’t do that.”
Well, that’s realistic—I suppose it’s changed, too.
It’s absolutely changed, but if you’re thinking about late 1970s—wow. People weren’t even thinking about objects too much.
Someone reminded me much later—maybe a couple of years ago—they said, “Well you know, you’ve been doing [diplomacy] with art. You’ve been a cultural ambassador with this work, because you’ve done shows around the world.” Art history became, “Wow, you can do the same things.” You can study languages. You can travel. It did become a way you could do all those things, and then of course as you just mentioned, as a curator you are a diplomatic entity between artists and the institution.
As a liaison, definitely. It’s sensitive.
Right. Even as an academic, if you’re traveling around or if you’re representing a contemporary artist in your writing—how do you balance how the artist sees themselves with what you have to say? There’s always that.
I’m curious what you see as emerging trends in scholarship, especially in art history.
I think students and academics—particularly a new generation—don’t want traditional art history as we have known it. They want a more interdisciplinary, multidisciplinary, global understanding of art in the world. Art history is not just Europe, and it’s not just the United States. And the art of the United States meaning not just New York!
I think the other really exciting arena is, of course, gender. Gender studies. Queer studies in art history. Trans studies. All those things really change how we understand the object, how we understand history, the histories that we look for. There’s a similarity to the discoveries that I made when I was a student in college about how art history at that time did not represent even the histories of African Americans who were in New York, for instance. United States art history is written from a New York-centric perspective. And at that time, you didn’t see too many women in it. You didn’t see too many African Americans or Latinx figures. So now that such subjects are more widely known the next step seems to be to ask,”What is a queer art history?” And some people have been doing this for a while: Jonathan Weinberg, James Smalls, Julia Bryan-Wilson has brought us into the present with some of these ideas, and C. Ondine Chavoya with his Axis Mundo, project. So all these ideas are becoming more visible and I think it’s really exciting.
That’s one of the reasons why I’ve been so keen on my Harlem Renaissance article. It started out in one way, and then it took me in another direction; it takes another look at objects that have been dismissed as not being relevant, and sees them through a different lens. It opens up other paths into these works that have been discarded. Or maybe not discarded, but put to the side. Let’s ask, “What’s going on with gender in these works?” What’s going on with queerness, and how do they signify to a Harlem Renaissance that is quite queer? It’s something people in literature have discovered, certainly in the African American context, and they’ve been talking about that for years. Art history has to catch up.
Yes, you feel a real energy in the field, a real hunger for it. With recent protests around Warren Kanders at the Whitney Museum, what are your views on that momentum? [Editor’s note: Since this conversation took place, Warren Kanders announced his resignation from the Whitney Museum board.]
Well, you know, there have always been protests at US museums as well as those around the world. So whether you are a curator or a director who bares the brunt of the protest, or you are an artist who withdraws, you’re part of history. Scholars down the road are going to say, “These people pulled out. These people wrote a letter. These were the curators. These were the board members.” So for me it’s just part of history, and it has ebbs and flows. There are a lot of things going on in this world that artists are addressing, that artists see. They do respond to the world in one way or another. You may not see it visibly, but it’s there.
I agree. I think putting new ideas in the world the way artists do is cultural change, and like you said—it’s interconnected. You can’t really have one without the other.
Yes. It’s part of a larger history.
When did you first join CAA? Do you have a favorite memory from a conference?
I had joined CAA by 1990, when I served as the co-chair of the programming at the Annual Meeting for the Studio or Artists’ sessions with Robert Storr. I’ve been on plenty of panels since then, but to be honored in this way is humbling and exciting. Even better, all of the respondents I asked to participate on the Distinguished Scholar panel said, “Yes! I’ll be a part of it.” So I’m thrilled about that. I’ve been at Columbia University about 13 years, and I remember when Rosalind Krauss was honored, and I participated in Richard J. Powell’s Distinguished Scholar panel. So to step into those shoes, it seems a bit surreal.
Thinking of Chicago in 2020—do you have a favorite art-related excursion there?
Well, the South Side Community Art Center is legendary. It’s one of the original community art centers from the New Deal era, and it’s still in existence. I would definitely say go to that. That’s my favorite.
I’m marking it down for myself. Are there exhibitions coming up this fall that you recommend?
Senga Nengudi at Lenbachhaus in Munich; Robert Colescott at the Contemporary Art Center in Cincinnati curated by Lowery Sims and Matthew Weseley; Lynette Yiadom-Boakye at Yale Center for British Art curated by Hilton Als; Hank Willis Thomas: All Things Being Equal…, his first major survey at the Portland Art Museum. Curator Meg Onli at ICA Philadelphia has done a trio of shows under the title Colored People Time. The final component Banal Presents will be on view through December 22, 2019.
Shows that are further out that I’m excited about are Prospect 5 in New Orleans (Fall 2020), curated by Naima Keith and Diana Nawi. The citywide triennial in New Orleans is just a great experience. Everyone should check it out. Thomas Lax’s exhibition on Just Above Midtown gallery, that generative space of 1970s and 1980s, and its founder Linda Goode Bryant, will be wonderful to see at MoMA in 2022.
There are so many great young curators out here. Rujeko Hockley, Erin Christovale, numerous others. Tiona Nekkia McClodden is an artist who’s been doing some great archival curatorial work. She had a show that was in response to the anniversary of Mapplethorpe’s The Perfect Moment that just closed. There are just so many great people out here doing some wonderful things, and a lot of wonderful younger artists. I’m excited by it. We started out by talking about multidisciplinarity, interdisciplinarity—young curators are invested in that idea as much as scholars.
Oh and one thing that I’m really looking forward to down the line is, of course, the reopening of the Studio Museum in Harlem. I cannot wait for that!
Yes! It’s a ways off but that’s an exciting one. Well, thank you Dr. Jones. I appreciate you taking the time, and it’s been a pleasure to speak with you.
Thanks for your questions, and again it’s really an honor to be a part of this whole thing. I still kind of can’t believe it. I guess I will in February when I step off that plane!
The Distinguished Scholar Session honoring Kellie Jones will take place Thursday, February 13, 2020, from 4-5:30 PM at the Hilton Chicago, Grand Ballroom.
Biography of Dr. Kellie Jones
Dr. Kellie Jones is a Professor in Art History and Archaeology and African American and African Diaspora Studies at Columbia University. Her research interests include African American and African Diaspora artists, Latinx and Latin American Artists, and issues in contemporary art and museum theory.
Dr. Jones, a member of the American Academy of Arts and Sciences, has also received awards for her work from the Hutchins Center for African and African American Research, Harvard University and Creative Capital | Warhol Foundation. In 2016 she was named a MacArthur Foundation Fellow.
Dr. Jones’s writings have appeared in a multitude of exhibition catalogues and journals. She is the author of two books published by Duke University Press, EyeMinded: Living and Writing Contemporary Art (2011), and South of Pico: African American Artists in Los Angeles in the 1960s and 1970s (2017), which received the Walter & Lillian Lowenfels Criticism Award from the American Book Award in 2018 and was named a Best Art Book of 2017 in The New York Times and a Best Book of 2017 in Artforum.
Dr. Jones has also worked as a curator for over three decades and has numerous major national and international exhibitions to her credit. Her exhibition “Now Dig This! Art and Black Los Angeles, 1960-1980,” at the Hammer Museum, Los Angeles, was named one of the best exhibitions of 2011 and 2012 by Artforum, and best thematic show nationally by the International Association of Art Critics (AICA). She was co-curator of “Witness: Art and Civil Rights in the 1960s” (Brooklyn Museum), named one the best exhibitions of 2014 by Artforum.
posted by CAA — October 22, 2019
In August 2018, we announced that CAA had received a major anonymous gift to fund travel for art history faculty and their students to special exhibitions related to their classwork. After a successful inaugural year, we’re pleased to now be accepting applications for the second grant cycle of the Art History Fund for Travel to Special Exhibitions.
The fund is designed to award up to $10,000 to qualifying undergraduate and graduate art history classes to cover students’ and instructors’ costs (travel, accommodations, and admissions fees) associated with attending museum special exhibitions throughout the United States and worldwide. The purpose of the grants is to enhance students’ first-hand knowledge of original works of art.
Applications are due by January 15, 2020.
- These awards support student and instructor travel costs incurred while visiting museum special exhibitions in the United States and worldwide.
- Graduate and undergraduate art history classes are eligible to apply for funds to attend temporary museum exhibitions in the United States and other countries. Travel to see permanent collections is not eligible, nor would be performances and related ephemeral events. Exhibitions on any artist, period, or area of art history are eligible for funding.
- Awards are made directly to institutions whose institutional membership in CAA is in good standing.
- Applicant instructors must have individual membership in CAA and be in good standing.
- Funds may only be used to travel to exhibitions that correspond directly to the content of the class.
- The size of the class for which a grant may be awarded shall not be larger than fifteen (15) students.
- Awards may only be used for admission fees, travel and lodging expenses for the instructor and class members. Every attempt to attain group rates must be made.
Completed applications must include the following:
- Instructor’s curriculum vitae
- A course description and syllabus that identifies and explains the exhibition as part of the pedagogical aim of the course – Be sure to detail how the visit is integrated into the course (up to 500 words)
- An explanation of the instructor’s expertise in the subject matter of the exhibition (up to 250 words)
- A tentative itinerary of travel and lodging (up to 250 words)
- A budget detailing transportation and lodging expenses associated with traveling to and from the exhibition and lodging and admission costs, including an explanation of how any travel and accommodation funds in excess of the award will be raised
- A letter of support from the instructor’s department chair or dean
- How well the exhibition fits within the pedagogical aim of the course.
- The scholarly merit of the exhibition.
- Financial need. Would the class not be able to visit the exhibition, otherwise?
Awards will not exceed $10,000 per class, per exhibition.
All travel must be completed between June 2020 – May 2021.
Awardees must submit a report of up to 1,000 words which explains in detail the benefits received and problems encountered in the course of travel to the exhibition for which support was received.
*Reports must be submitted to CAA no later than two months after the completion of travel.
Recipients of the award will be guaranteed a session at the subsequent CAA Annual Conference after their travel has ended. CAA will make the session available, but costs associated with attending the conference, including registration, membership, travel, and accommodation, will be the participants’ responsibility.
The deadline for application materials is January 15.
In celebration of Indigenous Peoples’ Day we have brought out from behind the paywall two issues of Art Journal in their entirety: our Summer 2017 issue on Indigenous Futures, (featuring Postcommodity’s Repellent Fence on the cover) and our Fall 1992 issue on Recent Native American Art. Articles from each will be open access until the end of October.