posted by CAA — October 13, 2016
CAA Media Lounge
105th Annual Conference NYC 2017
Nov 30, 2016
Craft Action: Genre Bending
Craft Action: Genre Bending is a juried video screening exploring the role of process, skill, and action as it relates to craft mediums. The growing interdisciplinarity of craft practices is the impetus for this call for submissions of video work by practitioners engaged craft media, such as ceramics, textiles, metals, wood, and glass. The use of video with craft enables the artist to engage in using materials and tools in combination with their representation to express new ideas, addressing making by investigating not only what is shown, but how it is shown.
Media Lounge is CAA’s main stage of new media explorations where students, academics, and artists come together to build camaraderie. These methods of working with conceptual and technical content provides fodder for a dynamic dialogue of how artists’ place themselves in the larger distinction of media, both analog and digital.
Each year Media Lounge coordinates a central theme to explore the interrelationship of media across a topic. This year in NYC, Media Lounge presents screenings, panels and discussions that explore the genres of craft and video, politics and strategy, and inter-related material explorations of new media and footage that entangles what is expected of cross-disciplinary explosions of content, surrounding the theme of Genre Bending.
Genre is a way to group practices into categories that are familiar-or frame an expected experience from the audience. Media Lounge NYC 2017 uses genre and the elasticity of bending to explore new media genre relationships and their impulse of hybrid crossovers.
Anne Sophie-Lehman has theorized that the combination of craft and film produces its own unique genre, which she calls “showing making”. Part archival, part instructional, part visual pleasure, and part showmanship, this idea of genre bending and genre production is the starting point for this year’s Media Lab theme.
Craft Action: Genre Bending seeks to explore how artists bend, break, subvert, or invent new genres for craft and film. Artists will be asked to note in their application what genre/s they see themselves as bending or creating. This may be a traditional genre, like comedy, tragedy, animation, or a craft-based genre like the instructional demonstration – or a genre yet-to-be defined that can provoke new understanding and considerations.
All video submission must be original works of art completed within the last 3 years.
- Entries will be accepted from the link HERE
- Artists are required to submit video as Vimeo files, opening up the access of the files to shared
- The video(s) should be an excerpt totaling no longer than 5 minutes.
- Artists may submit up to three videos to be selected
Screening Dates and Panel Discussion
CAA Conference Media Lounge
February 16, 2017
Guest Curators and Conference Panelists
Marilyn Zapf is the Assistant Director at The Center for Craft, Creativity & Design (CCCD) and Curator of CCCD’s Benchspace Gallery & Workshop in Asheville, NC where she has curated a number of nationally-traveling exhibitions including Made in WNC (2015) and Gee’s Bend: From Quilts to Prints (2014). Zapf teaches courses on the History of Craft at Warren Wilson College and publishes articles and reviews in international publications, including Art Jewelry Form and Crafts Magazine (UK). She is a founding member of the international experimental history of design collective, Fig. 9, holds a MA in the History of Design from the Royal College of Art and Victoria and Albert Museum in London, England, and a BA (English Literature) and BFA (Jewelry and Metalworking) from The University of Georgia. Her areas of research include craft, postmodernism and de/industrialization.
Namita Gupta Wiggers is a curator, writer, educator and artist based in Portland, Oregon. She is the Director of Critical Craft Forum, and Exhibitions Review Editor, Journal of Modern Craft. From 2004-12 Wiggers served as the Curator, and later Director and Chief Curator (2012 -14) of Museum of Contemporary Craft. She curated over 65 exhibitions, including: New Embroidery: Not Your Grandma’s Doily, Touching Warms the Art, The Academy is Full of Craft, Object Focus: The Bowl, and Manufractured: The Conspicuous Transformation of Everyday Objects (curated by Steven Skov Holt and Mara Holt Skov), and Gestures of Resistance (curated by Judith Leemann and Shannon Stratton.). She curated the first museum exhibitions on Betty Feves, Laurie Herrick, Nikki McClure, Emily Pilloton, and Ken Shores. Recent exhibitions include Across the Table, Across the Land with Michael Strand for NCECA’s 50th Anniversary, and Everything has been Material for Scissors to Shape, on view at the Wing Luke Museum of Asian American Experience. Wiggers is editing a Companion on Contemporary Craft (Wiley Blackwell), and collaborating on a project focused on gender and jewelry with Benjamin Lignel.
Hilton New York Midtown, College Art Association Conference, Media lounge
ArtSpace + Media Lounge
CAA’s Services to Artists Committee hosts offerings in ArtSpace and Media Lounge, a “conference within a conference” of innovative programs that are of special interest to artists, emerging professionals, and artist / educators. ArtSpace and Media Lounge programming offers an informal, dynamic setting with sessions, panels, screenings, curated media, distinguished artists interviews, exhibition opportunities and other social events. These programs are free and open to the public, and do not require CAA membership or registration fees for the conference to participate or attend.
Thank you in advance for your participation and please feel free to contact carissacarman at gmail.com if you have questions regarding the submission.
This fall, CAA will visit local New York colleges and universities and host a number of wine and cheese receptions throughout the country, connecting professionals in the visual arts within their communities. Taking place at many art institutions in major U.S. cities, these meet-and-greets are a great opportunity to join arts scholars and art makers in your area. Whether you are an existing or former CAA member, work in some capacity in the arts, or are just curious about what we do, we hope you will be able to join us.
CAA’s new executive director, Hunter O’Hanian, will attend many of the receptions and will discuss his ideas and vision for the future of CAA. Come meet new CAA members and reconnect with fellow members.
Upcoming Receptions and Meet and Greets
Brunswick, ME Sept. 24, 3:30PM Bowdoin College Museum of Art
Please RSVP to the Brunswick, ME event here.
Boston, MA Sept 26, 5:30PM Massachusetts College of Art and Design, Paine & Bakalar Galleries
Please RSVP to the Boston, MA event here.
Nashville, TN Sept. 26, 6:30PM Vanderbilt University, Sarratt Center Gallery
Please RSVP to the Nashville, TN event here.
Portland, OR Oct. 5, 6:00PM Yale Union
Please RSVP to the Portland, OR event here.
posted by CAA — September 08, 2016
The Services to Artists Committee invites artist members to participate in ARTexchange, CAA’s unique pop-up exhibition and annual meet-up for artists and curators. This social event provides an opportunity for artists to share their work and build affinities with other artists, historians, curators, and cultural producers. ARTexchange will take place at the 105th Annual Conference in New York on Friday evening, February 17, 2017, from 5:30 to 7:30 PM.
Each artist is given the space on, above, and beneath a six-foot table to exhibit their work: prints, paintings, drawings, photographs, sculptures, and small installations; performance, process-based, interactive, and participatory works are especially encouraged. Previous ARTexchange participants have found that this parameter sparked many creative display options. Please note that artwork cannot be hung on walls, and it is not possible to run power cords from laptops or other electronic devices to outlets.
To participate as an exhibiting artist in 2017, contact Katie Apsey, CAA manager of programs, by December 2, 2016, with the following information: (1) a short description of what you will exhibit and how you will use the six-foot table space (provide details regarding performance, sound, spoken word, or technology-based work, including laptop presentations); (2) your CAA member number (memberships must be active through February 18, 2017); and (3) your website or a link to a digital portfolio.
Because ARTexchange is a popular venue and participation is based on available space, early applicants are given preference. Participants are responsible for their work; CAA is not liable for losses or damages. Sales of work are not permitted. Deadline extended: January 6, 2017.
CAA invites submissions for artists to create projects for Art Journal Open, an open-access, independently edited website that provides an agile counterpart to the quarterly Art Journal. Art Journal Open takes advantage of the unique qualities of the web to present artists’ projects, scholarly essays, conversations and interviews, notes from the field, artifacts of materials and process, and news items. The site embraces the evolving nature of multimedia formats and techniques, seeking to serve as a provisional, suggestive, and projective archive for contemporary art. Contributors include artists, scholars, critics, curators, researchers, archivists, librarians, and other cultural producers who generate primary-source material of contemporary art and the interpretative network that coalesces into the historical record. Operating on an open platform, the website is committed to fostering new intellectual exchanges. Gloria Sutton of Northeastern University serves as web editor for Art Journal Open, which publishes content on a rolling basis.
Please send a proposal describing your project, a website URL or images of your recent work, and your contact information to Sutton at email@example.com.
One of CAA’s annual Distinguished Artists’ Interviews at the 2016 Annual Conference in Washington, DC—the artist Rick Lowe in conversation with the photographer LaToya Ruby Frazier—is among the first events of the John D. and Catherine T. MacArthur Foundation’s year-long series of performances, discussions, and other events to celebrate the thirty-fifth anniversary of its iconic fellowship program. The MacArthur Foundation will collaborate with a diverse set of partners for 2016 programming, including Chicago’s Grant Park Music Festival, Washington’s Kennedy Center for the Performing Arts, and New York’s 92nd Street Y. Most events will be open to the public for free or at low cost. Video of many events will be published online.
Lowe received a MacArthur fellowship in 2014, and Frazier won the prize in 2015. The Distinguished Artists’ Interviews will take place on Friday, February 5, 2:30–5:00 PM, in the Thurgood Marshall Ballroom East/South, Mezzanine Level, at the Washington Marriott Wardman Park Hotel in Washington, DC. Preceding their conversation will be another interview: the artist Joyce Scott interviewed by George Ciscle of the Maryland Institute College of Art. Both talks will be live streamed on CAA’s YouTube page.
“Working across every field imaginable, MacArthur fellows capture the public imagination and inspire people to nurture creativity in their own lives and communities,” said Cecilia Conrad, managing director of the MacArthur Fellows Program, during a luncheon at the City Club of Chicago that also featured the labor organizer Ai-Jen Poo and the artist Iñigo Manglano-Ovalle, both MacArthur fellows. “This year-long celebration will showcase fellows’ work, foster new collaborations, and enable these highly creative people to further inspire us all.”
Programming is under development and subject to change; but it is expected to include the following events:
- Lowe will deliver a lecture on “Art in the Social Context” at Stanford University’s Haas Center for Public Service in California, as part of the Mimi and Peter E. Haas Distinguished Visitor program(February 4)
- In conjunction with an exhibition of her work, the Whitney Museum of American Art will host a discussion with the documentary filmmaker Laura Poitras (New York, February).
- Sixth & I, a historic synagogue and cultural event space in Washington, DC, will present a panel discussion featuring MacArthur fellows (March)
- The 92nd Street Y in New York will present a panel discussion featuring MacArthur fellows (March)
- The Economics Club of Chicago will feature two conversation pairings with the arts entrepreneur Claire Chase and the music educator Aaron Dworkin, as well as the computational biologist John Novembre and the historian Tara Zahra (May 25)
- MacArthur fellows will be featured in a plenary session at the annual convention of Americans for the Arts in Boston (June)
- The Chicago Humanities Festival will incorporate MacArthur fellows into its regular annual programming (September)
- The John F. Kennedy Center for the Performing Arts in Washington, DC, will host two free public performances by MacArthur fellows through its Millennium Stage series (October)
The anniversary celebration will also include an online component, featuring one MacArthur fellow each month responding to public questions on Reddit as well as interviews with fellows on popular YouTube channels.
The MacArthur fellowship—called “genius grants” by the media—recognizes exceptionally creative individuals with a track record of achievement and the potential for significant contributions in the future. Fellows each receive a no-strings-attached stipend of $625,000, which comes with no stipulations or reporting requirements and allows recipients maximum freedom to follow their own creative visions. Since 1981, 942 people have been named MacArthur fellows. Fellows are selected through a rigorous process that has involved thousands of expert and anonymous nominators, evaluators, and selectors over the years.
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.
posted by Christopher Howard — October 29, 2015
Tania Bruguera, a Cuban artist who works in performance, installation, and video, will deliver the keynote address during Convocation at CAA’s 2016 Annual Conference in Washington, DC. Convocation, which includes the presentation of the 2016 Awards for Distinction, will take place on Wednesday evening, February 3, from 5:30 to 7:00 PM. Free and open to the public, this event will be held at the Washington Marriott Wardman Park Hotel. The title of Bruguera’s talk will be “Aest-ethics: Art with Consequences.”
Bruguera’s work on issues of free speech and immigration and her fearlessness to speak out against forces of oppression—many of which she has experienced firsthand in Cuban prisons—is important and undeniably relevant to not just the art and academic worlds, but also the world at large. This summer, the New York City Department of Cultural Affairs and the Mayor’s Office of Immigrant Affairs jointly appointed Bruguera as their first artist-in-residence. The announcement of the position also revealed that the Museum of Modern Art had acquired its first work by Bruguera: Untitled (Havana, 2000), a large-scale installation that combines performance and video. First shown at the 2000 Havana Biennial, the work, like many others by Bruguera, deals with liberty and authority. The artist was also recently nominated as a finalist for the prestigious 2016 Huge Boss Prize, awarded every two years by the Solomon R. Guggenheim Museum to an artist who has made a visionary contribution to contemporary art.
Bruguera’s work has been exhibited in museums and biennials around the world; she has also lectured and performed internationally. A faculty member at the School of the Art Institute of Chicago, she lives and works in Havana and Chicago. Bruguera earned MFAs from the School of the Art Institute of Chicago and Instituto Superior de Arte in Cuba. Her BFA is from Escuela Nacional de Bellas Artes San Alejandro. Bruguera is the founder and director of Cátedra Arte de Conducta, the first program of performance-art-studies in Latin America, hosted by Instituto Superior de Arte.
The website for the 104th Annual Conference in Washington, DC, to be held from Wednesday, February 3 to Saturday, February 6, 2016, at the Washington Marriott Wardman Park Hotel, is live today. Get a taste of conference highlights and discover the benefits of registration, including access to all program sessions and admission to the Book and Trade Fair.
The dynamic energy of Washington, DC—known for its world-class museums and as an international destination for American history and culture—provides the backdrop for our annual gathering of more than four thousand artists, art historians, museum directors and curators, arts administrators, scholars, and educators. Look forward to the best in new scholarship, innovative art, and in-depth discussion of issues in the visual arts today.
Highlights of this year’s conference include the presentation of CAA’s 2016 Awards for Distinction, an opening reception at the Katzen Arts Center at American University, and the sixteenth annual Distinguished Scholar Session honoring Richard J. Powell of Duke University. The two Distinguished Artists’ Interviews will feature the sculptor Joyce Scott, speaking to the curator George Ciscle.
Among the highly anticipated sessions are: “South to North: Latin American Artists in the United States, 1820s–1890s,” chaired by Katherine E. Manthorne; “Transforming Japonisme: International Japonisme in an Age of Industrialization and Visual Commerce,” led by Gabriel P. Weisberg; and the two-part “Formalism before Clement Greenberg,” chaired by Katherine M. Kuenzli and Marnin Young. Other exciting session topics range from art as adventure to the Hudson River School, from digital cultural heritage to algorithms and data in contemporary art, and from diversity in curatorial work to staging design in museums.
Online registration for individuals and institutions is now open. In addition, you can book your hotel reservations and make your travel arrangements—don’t forget to use the exclusive CAA discount codes to save money! Register before the early deadline, December 21, 2015, to get the lowest rate and to ensure your place in the Directory of Attendees. You may also purchase tickets for special events and for a place in one of eleven professional-development workshops on a variety of topics for artists and scholars.
CAA will regularly update the conference website in the months leading up to the four-day event, so please be sure to check back often. Averaging more than 40,000 unique visitors per month, the conference website is the essential source for up-to-the-minute updates regarding registration, session listings, and hotel and travel discounts. Visit the Advertising section to learn more about reaching CAA membership and conference attendees.
We look forward to seeing you in Washington, DC!
posted by Katie Apsey — September 24, 2015
The Services to Artists Committee invites artist members to participate in ARTexchange, the annual meet-up for artists and curators at CAA’s unique pop-up exhibition. This social event provides an opportunity for artists to share their work and build affinities with other artists, historians, curators, and cultural producers. ARTexchange will take place at the 104th Annual Conference in Washington, DC, on Friday evening, February 5, 2016, from 5:30 to 7:30 PM.
Each artist is given the space on, above, and beneath a six-foot table to exhibit their works: prints, paintings, drawings, photographs, sculptures, and small installations; performance, process-based, interactive and participatory works are especially encouraged. Previous ARTexchange participants have found that this parameter sparked many creative display options. Depending on the number and type of submissions CAA receives, a schedule of performances may be created. Please note that artwork cannot be hung on walls, and it is not possible to run power cords from laptops or other electronic devices to outlets—bring fully charged batteries.
To participate, send an email to Katie Apsey, CAA manager of programs. Include your CAA member number and a brief description of what you plan to present. Please provide details regarding performance, sound, spoken word, or technology-based work, including laptop presentations. You will receive an email confirmation. Because ARTexchange is a popular venue and participation is based on available space, early applicants are given preference. Participants are responsible for their work; CAA is not liable for losses or damages. Sales of work are not permitted. Deadline: December 14, 2015.
Image: A participant in ARTexchange at the 2015 Annual Conference in New York (photograph by Bradley Marks)
Congressman Jerrold Nadler has reintroduced a revised bill, The American Royalties Too Act 2015, to provide royalties to visual artists whose work is resold and valued at over $5,000.
H. R. 1881
To amend title 17, United States Code, to secure the rights of visual artists to copyright, to provide for resale royalties, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 16, 2015
Mr. Nadler (for himself, Ms. Slaughter, Ms. Chu of California, Ms. Jackson Lee, Mr. Engel, Ms. Meng, Mr. Deutch, Ms. Schakowsky, and Mr. Pocan) introduced the following bill; which was referred to the Committee on the Judiciary
To amend title 17, United States Code, to secure the rights of visual artists to copyright, to provide for resale royalties, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Short title.
This Act may be cited as the “American Royalties Too Act of 2015”.
SEC. 2. Definitions.
Section 101 of title 17, United States Code, is amended—
(1) by inserting after the definition of “architectural work” the following:
(2) by inserting after the definition of “Pictorial, graphic, and sculptural works” the following:
(3) by inserting after the definition of “registration” the following:
(4) in the definition of “work of visual art”, by striking “A ‘work of visual art’ is—” and all that follows through “by the author.” and inserting the following: “A ‘work of visual art’ is a painting, drawing, print, sculpture, or photograph, existing either in the original embodiment or in a limited edition of 200 copies or fewer that bear the signature or other identifying mark of the author and are consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author.”.
SEC. 3. Exclusive rights.
Section 106 of title 17, United States Code, is amended—
(1) by inserting “(a) In general.—” before “Subject to sections 107 through 122”;
(2) in paragraph (5), by striking “and” at the end;
(3) in paragraph (6), by striking the period at the end and inserting “; and”; and
(4) by adding at the end the following:
“(7) in the case of a work of visual art, to collect a royalty for the work if the work is sold by a person other than the author of the work for a price of not less than $5,000 as the result of an auction.
“(b) Collection of royalty.—
“(1) IN GENERAL.—The collection of a royalty under subsection (a)(7) shall be conducted in accordance with this subsection.
“(2) CALCULATION OF ROYALTY.—
“(A) IN GENERAL.—The royalty shall be an amount equal to the lesser of—
“(i) 5 percent of the price paid for the work of visual art; or
“(B) ADJUSTMENT OF AMOUNT.—In 2016 and each year thereafter, the dollar amount described in subparagraph (A)(ii) shall be increased by an amount equal to the product of—
“(i) that dollar amount; and
“(ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the year, determined by substituting ‘calender year 2016’ for ‘calendar year 1992’ in subparagraph (B) thereof.
“(3) COLLECTION OF ROYALTY.—
“(A) COLLECTION.—Not later than 90 days after the date on which the auction occurs, the entity that conducts the auction shall—
“(i) collect the royalty; and
“(ii) pay the royalty to a visual artists’ copyright collecting society.
“(B) DISTRIBUTION.—Not fewer than 4 times each year, the visual artists’ copyright collecting society shall distribute to the author or his or her successor as copyright owner an amount equal to the difference between—
“(i) the net royalty attributable to the sales of the author; and
“(ii) the reasonable administrative expenses of the collecting society as determined by regulations issued under section 701(b)(5).
“(4) FAILURE TO PAY ROYALTY.—Failure to pay a royalty provided for under this subsection shall—
“(A) constitute an infringement of copyright; and
“(B) be subject to—
“(i) the payment of statutory damages under section 504(c); and
“(ii) liability for payment of the full royalty due.
“(5) RIGHT TO COLLECT ROYALTY.—The right to collect a royalty under this subsection may not be sold, assigned, or waived except as provided in section 201.
“(6) ELIGIBILITY TO RECEIVE ROYALTY PAYMENT.—The royalty shall be paid to—
“(A) any author of a work of visual art—
“(i) who is a citizen of or domiciled in the United States;
“(ii) who is a citizen of or domiciled in a country that provides resale royalty rights; or
“(iii) whose work of visual art is first created in the United States or in a country that provides resale royalty rights; or
“(B) the successor as copyright owner of an author described in subparagraph (A).”.
SEC. 4. Notice of copyright.
Section 401 of title 17, United States Code, is amended by adding at the end the following:
“(e) Non-Applicability to works of visual art.—The provisions of this section shall not apply to a work of visual art.”.
SEC. 5. Copyright office.
Section 701(b) of title 17, United States Code, is amended by—
(1) redesignating paragraph (5) as paragraph (6); and
(2) inserting after paragraph (4) the following:
“(5) Issue regulations governing visual artists’ copyright collecting societies described in section 106, that—
“(A) establish a process by which an entity is determined to be and designated as a visual artists’ copyright collecting society, that—
“(i) requires that a visual artists’ copyright collecting society authorized to administer royalty collections and distributions under this title shall—
“(I) have prior experience in licensing the copyrights of authors of works of visual art in the United States; or
“(II) have been authorized by not fewer than 10,000 authors of works of visual art, either directly or through reciprocal agreements with foreign collecting societies, to license the rights granted under section 106; and
“(ii) prohibits an entity from being designated as a visual artists’ copyright collecting society if, during a period of not less than 5 years that begins after the date on which the entity is designated as a visual artists’ copyright collecting society, the entity does not distribute directly to each author, or to the successor as copyright owner of each author, the amount of the royalties required to be distributed under section 106(b)(3)(B);
“(B) determine a reasonable amount of administrative expenses that a visual artists’ copyright collecting society may deduct from the royalties payable to an author of a work of visual art under section 106(b)(3); and
“(C) establish a process by which—
“(i) not less frequently than annually, a visual artists’ copyright collecting society may request from any entity that conducts auctions a list of each work of visual art sold in those auctions that is by an author represented by the collecting society; and
“(ii) an author of a work of visual art may obtain from a visual artists’ copyright collecting society any information requested by the collecting society under clause (i) that relates to a sale of a work of visual art by the author, including the amount of any royalty paid to the collecting society on behalf of the author.”.
SEC. 6. Study required.
Not later than 5 years after the date of enactment of this Act, the Register of Copyrights shall—
(1) conduct a study on—
(A) the effects, if any, of the implementation of this Act, and the amendments made by this Act, on the art market in the United States; and
(B) whether the provisions of this Act, and the amendments made by this Act, should be expanded to cover dealers, galleries, or other professionals engaged in the sale of works of visual art; and
(2) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the study described in paragraph (1), including any recommendations for legislation.
SEC. 7. Effective date.
This Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act.