CAA News Today

Only months after its release, major visual arts organizations continue to endorse CAA’s Code of Best Practices in Fair Use for the Visual Arts. The Society of Architectural Historians (SAH) and the Association of College and Research Libraries (ACRL) each voted in April to endorse CAA’s set of principles regarding best practices in the fair use of copyrighted materials. In June, the Art Libraries Society of North America (ARLIS/NA) and Association of Research Libraries (ARL) also voted to endorse.

Founded in 1940, the Society of Architectural Historians is a nonprofit membership organization that promotes the study, interpretation and conservation of architecture, design, landscapes, and urbanism worldwide. SAH serves a network of local, national and international institutions and individuals who, by vocation or avocation, focus on the built environment and its role in shaping contemporary life. SAH promotes meaningful public engagement with the history of the built environment through advocacy efforts, print and online publications, and local, national, and international programs.

The Association of College and Research Libraries (ACRL), a division of the American Library Association, is the higher education association for librarians, committed to advancing learning and transforming scholarship. Founded in 1940 and representing nearly 11,000 academic and research librarians and interested individuals, ACRL is dedicated to enhancing the ability of academic library and information professionals to serve the information needs of the higher education community and to improve learning, teaching, and research. As Mary Ellen K. Davis, executive director of ACRL, stated: “The Code will serve as a valuable open-access resource for our higher education stakeholders.” Both organizations are disseminating the Code to their members.

The mission of the Art Libraries Society of North America (ARLIS/NA) is to foster excellence in art and design librarianship and image management. Founded in 1972, it has a membership of 1,000 that includes architecture and art librarians, visual resources professionals, artists, curators, educators, publishers, students, and others throughout North America interested in visual arts information. In a written statement, the ARLIS board wrote, “The ARLIS/NA Executive Board endorses the College Art Association’s Code of Best Practices in Fair Use for the Visual Arts, an important document that will advance visual arts scholarship and creative practice in this digital age. The Code is a strong step away from a permissions culture that hinders many members of the larger community.”

The Association of Research Libraries (ARL) is a nonprofit organization of the leading research libraries in the US and Canada. Comprising more than 125 libraries at comprehensive, research-intensive institutions, its mission is to shape and influence forces affecting the future of research libraries in the process of scholarly communication. ARL pursues this mission by advancing the goals of its member research libraries, providing leadership in public and information policy to the scholarly and higher education communities, fostering the exchange of ideas and expertise, facilitating the emergence of new roles for research libraries, and shaping a future environment that leverages its interests with those of allied organizations.^[3]

Groups that previously have endorsed the Code include the Association of Art Museum Curators (AAMC) and the American Library Association (ALA).

These endorsements come in addition to early support for the Code from the Association of Art Museum Directors (AAMD) and the American Alliance of Museums (AAM), both of which have recommended it to their members. In a letter to CAA, Susan Taylor, president of AAMD, and Christine Anagnos, its executive director, wrote: “AAMD believes the Code of Best Practices in Fair Use for the Visual Arts is an excellent contribution to the field and a great point of departure for best practices in the fair use of copyrighted materials…. AAMD believes this document has the potential to be a valuable aid to all professionals in the visual arts and will recommend it to our membership.”

CAA welcomes other endorsements, and encourages organizations in the field to recommend the Code to members.  CAA representatives are happy to address questions and to make educational presentations. To make arrangements for a presentation, whether by webinar, conference call, or in person, please contact me at jlanday@collegeart.org. The Code and supporting materials are available at www.collegeart.org/fair-use.

The creation of CAA’s Code of Best Practices in Fair Use for the Visual Arts was funded by the Andrew W. Mellon Foundation, with additional support provided by the Samuel H. Kress Foundation.

The visual arts community is already putting the Code of Best Practices in Fair Use for the Visual Arts to work in Detroit. At a late-April meeting at the Cranbrook Art Museum, speakers showed fair use can enable work in five areas.

After a presentation on the Code by Janet Landay of the College Art Association and myself, a panel of experts explained why fair use matters to them:

Publishing. At Wayne State University Press, explained its director Jane Hoehner, fair use is essential to publishing work on film studies, one of the press’ major lines. Until now, the Society for Cinema and Media Studies code of best practices in fair use has been useful, but this new code opens more opportunities. The press does not depend on fair use for covers of the books, which function more like advertisements and are much harder to justify as a transformative use because of that.

Teaching. Diana Y. Ng, who teaches art history at University of Michigan-Dearborn, was pleased to see that current practice in her department agrees generally with the field’s consensus on using teaching materials. Fairly-used materials are, among other things, limited both to a particular course and to the students, teachers and staff in that course, and images are used at an appropriate resolution for teaching.

Art. Mark Newport, Artist-in-Residence and Head of the fiber department at the Cranbrook Academy of Art, recalled an earlier project in which he created an artwork incorporating a DC Comics character. His rationale for doing so fell squarely within the Code of Best Practices in Fair Use for the Visual Arts. But when DC Comics sent a letter asking him if he would like to license the work, he found himself having to take sole responsibility for his copyright choice. He hopes that the Code would provide guidance for institutions on what level of risk is involved in a fair use decision, since working within a field consensus generally significantly lowers the risk. “As an artist, I think you should use your fair use rights,” he said, “and be a problem for anyone who believes you should not.”

Collections. At the Henry Ford Museum, Nardina Mein, who manages the archives and library at the Benson Ford Research Center there, a number of policies encourage access to archival materials. Her museum provides digital access to some collections, and “the Code will help us tremendously with this work, especially in cases where we cannot find the copyright holders.”

Museums. Terry Segal, a registrar for the Detroit Institute of Arts, sees fair use as a way of expanding access and also streamlining work. She took heart from the simplicity of CAA’s fair use code. As someone who has spent a lot of time granting and getting permissions, she found the fact that fair use is so simple to execute heartening. “When we’re using fair use, we don’t have to worry about what all the rights in the piece are,” she noted.

Librarians, museum staff, scholars, artists, and teachers at the event seized upon copies of the Code to share with their colleagues. We look forward to stories of how the Code was received and used; stay in touch at nyoffice@colleageart.org.

Since the Code of Best Practices in Fair Use for the Visual Arts launched in February, it has begun conversations in libraries, museums, archives, editorial offices, and classrooms. (Need a refresher on that code? Check out this video!) Now, it’s picking up fans.

The Society of Architectural Historians (SAH) and the Association of College and Research Libraries (ACRL) have just endorsed the Code and other organizations have also expressed their enthusiasm. The Association of Art Museum Directors (AAMD) sent a letter of support to CAA in February, as has the American Alliance of Museums (AAM), which also posted it on their resource page.

The Code’s facilitators have been busy with workshops and presentations at the San Francisco Art Institute, the Art Libraries Society of America annual conference in Dallas, a meeting of the Legal Issues in Museum Administration in Washington, D.C., the University of Chicago and Western Illinois University among others. The College Art Association has also sponsored several webinars, including a five-part series that continues into May.

If you’re interested in hosting an event on fair use in the visual arts, contact nyoffice@collegeart.org.