CAA News

The Association for Information and Media Equipment, a group of educational film and video producers and distributors dealing with copyright issues related to libraries, universities, and media centers, has threatened to sue the University of California, Los Angeles for streaming copyrighted video content on course websites. UCLA is claiming fair use, but the issue—involving royalty payments, academic-subsidized research, and current copyright law—is much more complex.

Steve Kolowich of Inside Higher Ed reports that negotiations between the organization and the school are private, and a debate about the legality of libraries making digital copies of DVDs it owns for wider dissemination to students has arisen. In his article Kolowich talks to librarians, professors, and media-industry experts to provide a larger, if not clearer, picture of what is at stake.

February 5 update: J. B. DeVries of Academic Impressions discusses policy issues when dealing with streaming video.

Following the submission of the amended Google Book Settlement in November 2009, the deadline for opting out was extended. The new deadline is January 28, 2010 (postmarked or submitted online on or before that date).

Those who had not opted out of the settlement may still do so, and those who had opted out may now opt in, if they so wish. If you wish to maintain your previous status, you need not do anything. (Under a class-action settlement, all class members remain in the class unless they opt out.)

Opt-out forms (to mail in) and instructions for opting out online are available at the settlement website. You may also read the settlement FAQ for more information.

CAA announces today the recipients of its 2010 Awards for Distinction. These annual awards honor outstanding achievements in the visual arts and reaffirm CAA’s mission to encourage the highest standards of scholarship, practice, and teaching.

CAA President Paul B. Jaskot will formally recognize the honorees and present the awards at Convocation, to be held during CAA’s 98th Annual Conference on Wednesday evening, February 10, 2010, 5:30–7:00 PM, at the Hyatt Regency Chicago. The Annual Conference—hosting scholarly sessions, panel discussions, career-development workshops, art exhibitions, a book and trade fair, and more—is the largest gathering of artists, art historians, students, and arts professionals in the United States.

With these awards, CAA honors the accomplishments of individual artists, art historians, authors, conservators, curators, and critics whose efforts transcend their individual disciplines and contribute to the profession as a whole and to the world at large.

Distinguished Artist Award for Lifetime Achievement
Suzanne Lacy
The continuum of Suzanne Lacy’s career mirrors the history of contemporary art: performance, installation, activism, social practice, and public engagement. An internationally regarded artist whose work includes installations, video, and performance, Lacy has addressed issues of sexual violence, aging, incarceration, illness, poverty, and a range of social-justice issues for almost four decades. Beginning in the early 1970s as a student at University of California, Fresno, and then in the Feminist Art Program at California Institute for the Arts, she was an integral and pioneering member of the Women’s Studio Workshop, Woman’s Building, and other important landmarks of feminist art. Since then, Lacy has maintained a career resolute in its commitment to feminism and social change.

Artist Award for Distinguished Body of Work
Emory Douglas and Barkley L. Hendricks
Emory Douglas and Barkley L. Hendricks have long challenged the art world’s boundaries and received definitions in different but historically important ways. While working on opposite coasts and in different mediums, they transformed how African Americans saw themselves, and how they were seen. Emerging during the mid-1960s at a time of intense social upheaval, the two made work that was confrontational and incendiary, subversive and sly. While Douglas worked outside the confines of the art world as the Black Panther Party’s minister of culture, contributing to the Black Panther newspaper, Hendricks worked inside it without succumbing to the pressures and proscriptions against painting, particularly observational painting, and, to go one step further, portraiture.

Distinguished Lifetime Achievement Award for Writing on Art
Holland Cotter
As a staff art critic at the New York Times for more than ten years, Holland Cotter has been remarkable for his unwavering attention to the work of those less recognized—including women artists, artists of color, and artists from all five boroughs of New York—giving important visibility to work of all kinds. His subjects have ranged from Italian Renaissance painting to street-based communal work by artist collectives. Writing widely about non-Western art and culture as well, Cotter has introduced readers to a broad range of contemporary Chinese art and helped bring contemporary art from India to wider critical notice.

Frank Jewett Mather Award
Terry Smith
Terry Smith is that rare art and social historian able to write criticism at once alert to the forces that contextualize art and sensitive to the elements and qualities that inhere to the works of art themselves. His most recent book, What Is Contemporary Art? (Chicago: University of Chicago Press, 2009), contains a series of interrelated essays that unpack a vast range of topics and issues and take the reader on a theoretical tour through some of the world’s most influential art museums, laying bare their conflicted missions and studying the heightening distinction, and dispute, between modern and contemporary art.

Distinguished Feminist Award
Griselda Pollock
Griselda Pollock has earned a reputation not only as an influential scholar of modern and contemporary art and cultural studies, but also as a pioneer of feminist art, scholarship, and criticism. Her writings—including her groundbreaking 1980 monograph on Mary Cassatt and the pioneering volume Old Mistresses: Women, Art, and Ideology (New York: Pantheon Books, 1981), coauthored with Rozsika Parker—have had a major influence on feminist theory, feminist art history, and gender studies. Teaching at Leeds University since 1977, she was appointed chair in social and critical histories of art in 1990 and has served as director of the Centre for Cultural Analysis, Theory, and History.

Distinguished Teaching of Art Award
Dean Nimmer
Dean Nimmer, professor emeritus at the Massachusetts College of Art, has had a distinguished, dynamic, and astonishing career as an educator, empowering generations of artists through his enthusiasm and unbridled creativity. After thirty-four years of teaching painting, drawing, and printmaking in Boston, Nimmer thwarted all expectations for a retired professor by embarking on a second career as community arts educator, author, and provocateur. His recently published book, Art from Intuition: Overcoming Your Fears and Obstacles to Making Art (New York: Watson-Guptill, 2008), is a vehicle for him to share his wisdom with a new generation of artists and educators.

Distinguished Teaching of Art History Award
Richard Shiff
The impact of Richard Shiff, who holds the Effie Marie Cain Regents Chair in Art and directs the Center for the Study of Modernism at the University of Texas at Austin, on the teaching of art history comes not only through his many scholarly contributions to the field, but also through his extraordinary forty years of active teaching and mentorship. Students and colleagues alike praise his long and influential career, describing how he teaches art history within many contexts, weaving together elements of formal analysis, connoisseurship, and theory within the larger web of human history and experience. Shiff’s talent for merging the sometimes-uncomfortable process of learning with playfulness and adventure instills a love of discovery and thought in all who have experienced his charisma, no matter their chosen life path.

Charles Rufus Morey Book Award
Cammy Brothers
When one considers the vast bibliography on Michelangelo, it is a tribute to Cammy Brothers that her book is such a readable and masterful work of new scholarship and substantial insight into both the artist’s working methods and his modes of thinking. Remarkably erudite, Michelangelo, Drawing, and the Invention of Architecture (New Haven: Yale University Press, 2008) marshals compelling visual evidence along with literary, historical, and philosophical support on behalf of a fresh and persuasive argument.

See the shortlist for the Morey award.

Alfred H. Barr, Jr., Award
Debra Diamond, Catherine Glynn, and Karni Singh Jasol, Gardens and Cosmos: The Royal Paintings of Jodhpur
Gardens and Cosmos: The Royal Paintings of Jodhpur (Washington, DC: Arthur M. Sackler Gallery, Smithsonian Institution, 2008) documents an exhibition that dramatically debuted to wide audiences a body of nineteenth-century Jodhpur painting little known even to experts in the field. The authors Debra Diamond, Catherine Glynn, and Karni Singh Jasol, with their fellow contributors Jason Freitag and Rahul Jain, are to be commended for this publication, which makes a major contribution to the study of the art of Southeast Asia through the production of breathtaking color plates and a text that impressively grounds the work in the context of Jodhpur history and the Nath religious sect.

See the shortlist for the Barr award.

Arthur Kingsley Porter Prize
Michael Schreffler, “‘Their Cortés and Our Cortés’: Spanish Colonialism and Aztec Representation”
In his methodologically sophisticated and skillfully argued article, published in the December 2009 issue of The Art Bulletin, Michael Schreffler examines a key moment of cultural exchange and the misunderstandings to which it gave rise. Bravely departing from the consensus that Spanish conquistadors’ accounts of Aztec painting they saw at Antigua in 1519 constitute objective primary evidence about Aztec art, he offers instead a complex, nuanced, yet always clear explanation of what the accounts reveal about the colonizers and their subjective attitudes toward Aztec culture.

Art Journal Award
Joanna Grabski, “Urban Claims and Visual Sources in the Making of Dakar’s Art World City”
Joanna Grabski’s fascinating and ambitious essay, published in Art Journal in Spring 2009, is rich in first-hand information from her years of experience with the artists and institutions that make up this West African metropolis. Understanding the Senegalese capital as both site for innovative art practices, research, and international exchange, the author effectively demonstrates that in the hands of the city’s artists found objects have produced artworks and environments that meld their histories with languages of local form that reverberate with each other to piercing levels of impact.

CAA/Heritage Preservation Award for Distinction in Scholarship and Conservation
David Bomford
David Bomford, currently associate director for collections at the J. Paul Getty Museum, is celebrated for more than forty years of scholarship, practical application, and leadership in the field of paintings conservation. Beginning in 1968 as an assistant restorer at the National Gallery in London, he assumed the role of senior restorer by 1974, a position he held until 2005. In the course of his work, Bomford has advanced the study of art conservation to new levels by combining science, art history, and practical conservation knowledge in his extraordinary list of publications, and by spearheading the influential interdisciplinary study of technical art history. He wrote the single-most useful book for introducing both students and the public to the profession of paintings conservation, Conservation of Paintings (London: National Gallery Publications, 1997), which has become a standard reference guide for the discipline.

For more information on the 2010 Awards for Distinction, please contact Emmanuel Lemakis, CAA director of programs. Visit the Awards section of the CAA website to read about past awards recipients.

The Appraisers Association of America and CAA cordially invite you to a presentation of “Authenticating Art: Current Problems and Proposed Solutions,” which will include a discussion of CAA’s recently published guidelines on Authentication and Attributions. The panel will be held at the Levin Institute in New York (116 East 55th Street in Manhattan) on Wednesday, January 20, 2010, 6:00–9:00 PM; it can also be seen via live webcast.

When it comes to art, “Is it real?” is a question that interests everyone from casual museum-goers to arts professionals. Answering the question can involve historical research, connoisseurship, sophisticated scientific analysis, and more. The question, however, is not only an academic or philosophical one. (Is a Warhol a “Warhol” if the artist himself never touched it?) In an art market where millions—and sometimes tens of millions—can hang in the balance, who is willing to risk being wrong in offering an opinion about authenticity? For those who do offer opinions and even warranties, what are they risking, and what—if anything—should they be risking? What of those who create fakes?

Please join our expert panel of appraisers, attorneys, conservators, and scientists in a frank and lively discussion of these issues. Speakers include: John Cahill of Lynn & Cahill; Jane C. H. Jacob of the Appraisers Association of America and Jacob Fine Art; James S. Martin of Orion Analytical; and Jane Levine of Sotheby’s. Michele Marincola of New York University’s Institute of Fine Arts is the moderator.

This program may interest appraisers, artists, attorneys, dealers, auction specialists, collectors, conservators, curators, financial advisors, insurers, scholars, and others in, or interested in, the art world.

Seating is limited; advance registration is required for both formats. Kindly RSVP to 212-889-5404, ext. 11. Cost is $25 per person for live attendance or streaming video. To complete the process, download and submit the registration form. Deadline: January 13, 2010.

Today is the deadline for a revised settlement agreement to be filed in response to a lawsuit by the Authors Guild and the Association of American Publishers, who are protesting the unauthorized copying of in-copyright books by Google.

CAA has prepared a summary article on the Google Library Book Project to better inform you about the issues at stake; included are a brief description of aspects of the settlement and links to articles and editorials from authors and reporters supporting or criticizing the settlement.

CAA’s constituency includes both creators and users of books. The Committee on Intellectual Property has taken up the matter for consideration and is currently considering what position, if any, to recommend.

CAA invites members in the tristate area of New York, Connecticut, and New Jersey to attend an upcoming panel on orphan works, entitled “Lost and Found: A Practical Look at Orphan Works.” The program is free and open to the public, but registration is required.

Lost and Found: A Practical Look at Orphan Works
Tuesday, October 20, 2009
Meeting Hall, New York City Bar Association, 42 West 44th Street, New York

How should the law treat “orphan works”? Please join us as we discuss proposals that would enable copyrighted works to be used when their owners cannot be located to obtain necessary permissions. What should be the obligations of potential users with respect to searching for copyright owners? How should infringement claims be handled if a copyright owner emerges? Do different types of copyrighted works present unique issues? What roles might registries and recognition and detection technologies play? Our speakers will address these and related questions, focusing on orphan images.

June M. Besek, executive director of the Kernochan Center for Law, Media, and the Arts, is the panel moderator. Speakers are:

• Brendan M. Connell, Jr., Director and Counsel for Administration, Solomon R. Guggenheim Foundation
• Frederic Haber, Vice President and General Counsel, Copyright Clearance Center
• Eugene H. Mopsik, Executive Director, American Society of Media Photographers
• Maria Pallante, Associate Register for Policy and International Affairs, US Copyright Office
• Charles Wright, Vice President and Associate General Counsel, Legal and Business Affairs, A&E Television Networks

“Lost and Found” is sponsored by the Art Law Committee (chaired by Virginia Rutledge) and the Copyright and Literary Property Committee (chaired by Joel L. Hecker) of the New York City Bar Association, in conjunction with Columbia Law School’s Kernochan Center for Law, Media, and the Arts.

The International Foundation for Art Research (IFAR), a nonprofit educational and research organization dedicated to integrity in the visual arts, has launched two important resources for the art community on its recently expanded and redesigned website: the Catalogue Raisonné Database and Art Law and Cultural Property.

The Catalogue Raisonné Database comprises two integrated electronic databases—one for published catalogues raisonnés, the other for catalogues in preparation—that can be searched individually or in unison. IFAR asks anyone who is aware of a published or in-preparation catalogue raisonné not included in our database (currently at more than two thousand entries) to contact the organization by clicking on the link “Tell Us about Catalogues Raisonnés” and completing the electronic form.

Art Law and Cultural Property helps users to navigate the mushrooming and complex body of legislation and case law relating to the acquisition, ownership, and authenticity of art objects. The website has two principal components: International Cultural Property Ownership and Export Legislation, with texts in original language and English translation from, currently, more than eighty countries; and Case Law and Statutes, with summaries of legal cases in eight subject areas relating to IFAR’s fields of interest. A section on professional guidelines, a glossary, and images are also included.

These two double the offerings from IFAR’s current online educational resources, which also include Provenance Guide and Collectors’ Corner. CAA maintains its own website resource, Intellectual Property and the Arts.

Media Coalition invites listeners to join an audio news briefing discussing the upcoming Supreme Court case US v. Stevens on Thursday, September 24, 2009, at 2:00 PM EDT. Speaking will be David Horowitz from Media Coalition; Laurie Lee Dovey of the Professional Outdoor Media Association; Joan Bertin of the National Coalition Against Censorship; and Chris Finan from the American Booksellers Foundation for Free Expression.

In 2004, Robert J. Stevens was convicted under a federal statute, passed in 1999, which made it illegal to distribute or own media depicting animal cruelty. Stevens, a writer and filmmaker from Virginia, had assembled footage of pit bulls fighting and hunting, mainly in international locations where dogfighting is legal. Last year, Stevens’s conviction was overturned, and the Supreme Court will hear arguments in this case on October 6, 2009. Read CAA’s description of the case and statement on this issue.

This summer, CAA signed an amicus curiae brief supporting the National Coalition Against Censorship’s claim that acts of expression, not actual involvement in illegal activities, are protected under the First Amendment and are not subject to criminal penalties. Media Coalition, a trade association that defends First Amendment rights of the mainstream media, filed its own amicus brief in late July.

To RSVP for the audio news briefing, please contact Kai-Ming Cha at 212-587-4025, ext. 12. To hear the briefing, call 1-888-387-8686 and enter access code 1066257.

“Guess what? The art is not yours to sell.” So says Jonathan Lee of the board of overseers of the maligned Rose Art Museum about a lawsuit filed yesterday that aims to stop Brandeis University from closing the institution and selling the art collection. Lee has joined fellow overseers Lois Foster and Meryl Rose—who is a member of the family that founded the museum—to ask the Supreme Judicial Court of Massachusetts to issue a preliminary injunction to halt the university’s plans.

Jerry Kronenberg of the Boston Herald and Tracy Jan of the Boston Globe have more on the story.

US v. Robert Stevens involves a section of a federal statute (18 U.S.C. § 48) that makes it a crime to own, possess, or display depictions of animal cruelty if the acts portrayed are illegal in the state where someone owns, possesses, or sells them—even if the acts portrayed weren’t illegal when or where they were performed. The actual case involves a man who was convicted under the statute for a video about pit bulls that contained footage of dogfights in places where they were legal—not to promote dog fighting but to describe how the dogs have been/are used. The conviction was reversed on appeal on the ground that the prohibition on the depiction alone violates the First Amendment, and the Supreme Court has agreed to hear the case. It is important to emphasize, though, that cruelty to animals itself is illegal in most states, and CAA is not advocating for the repeal of those laws—just the law that bans any depiction of animal cruelty.

CAA has signed an amicus curiae brief prepared by the National Coalition Against Censorship that will discuss the implications for free expression, focusing on some well-known art situations, such as Adel Abdessemed’s cancelled show at San Francisco Art Institute, Wim Delvoye’s tattooed pigs, and Hermann Nitsch’s performances. Whatever the ethical issues such work raises, we claim that pure expression—as opposed to actual acts of animal cruelty—should not be subject to criminal penalties, and that the government’s argument in favor of criminalizing speech if its “social cost” outweighs its “value” is so far-reaching that it would chill all kinds of protected expression and exhibition.

This case is relevant to not only artists but also art-history professors, as they may want to teach about ethical issues in art, including the treatment of animals in bioart, etc. The law as it stands might chill their ability to show such work.

CAA Statement

The College Art Association joins the National Coalition Against Censorship in urging the Supreme Court to uphold the decision of the United States Court of Appeals for the Third Circuit in striking down Section 48 as unconstitutional. Section 48 is unconstitutional because it could deter and punish the production, distribution, and even the simple possession of constitutionally protected speech. If the decision is reversed, not only will some lawful expression depicting animals being killed or injured be subject to criminal sanction, but the ramifications are also far-reaching: Congress and the states could outlaw the creation and possession of artworks that depict certain types of conduct simply on the basis that the conduct itself is illegal.

This would chill a wide range of expression, including, potentially, art that depicts such criminal activities as terrorist acts, drug use, and certain types of sexual behavior. Although CAA does not condone cruelty to animals or any other sort of unlawful conduct, CAA has long and firmly opposed artistic and scholarly censorship of all kinds.

Paul B. Jaskot, President, College Art Association
Professor, Department of Art and Art History, DePaul University

Linda Downs, Executive Director, College Art Association