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CAA Presents a Fair Use Workshop in Richmond

posted by April 10, 2017

Peter Jaszi speaks to participants at a fair use workshop in Richmond, Virginia, March 24, 2017.

On Friday, March 24, the University of Richmond Museums, Virginia, hosted a CAA Fair Use Workshop, co-sponsored with the Virginia Museum of Fine Arts Statewide Program, and made possible with a grant from the Andrew W. Mellon Foundation. Elizabeth Schlatter, CAA Vice President for the Annual Conference, and Deputy Director and Curator of Exhibitions at the University of Richmond Museums, led the planning effort to bring over 40 artists, museum professionals, archivists, professors, librarians, and communications experts to the daylong workshop.

The program was led by Hunter O’Hanian, CAA’s Executive Director, and Peter Jaszi, Professor of Law at American University, and one of the two lead principal investigators on the project. After a round of introductions by attendees, Jaszi began the day with an introduction to the doctrine of fair use, followed by a presentation by O’Hanian about CAA’s four-year fair use initiative and the methodology employed to develop the Code of Best Practices in Fair Use for the Visual Arts. The workshop continued with a focus on fair use in art museums, including when it can be invoked in exhibition projects, publishing, and online activities. During a working lunch, Jaszi and O’Hanian led discussions on reliance on fair use in teaching, publishing, and making art, and concluded the day with a discussion about fair use in libraries and archives.

Catherine G. OBrion, the Librarian-Archivist at the Virginia State Law Library, wrote afterwards, “I have a much better understanding of the legal standing of fair use, its intent, and how I can defend relying on it to my in-house counsel and others….One of the most useful workshops I’ve attended.” The workshop was followed by a reception at the University Museums for all CAA members in the local area.

CAA executive director O’Hanian also met with two University of Richmond classes the day before, one a museum studies seminar and the other a class on contemporary art and theory. The undergraduates benefited from O’Hanian’s advice on curating exhibitions, organizing public programs, surviving and thriving as a visual artist, and applying for artists’ residency programs.

memberreceptionatmassartBowdoin College Museum of Art in Brunswick, Maine (photograph by Janet Landay)

In late September, Hunter O’Hanian and I had the pleasure of spending a weekend at Bowdoin College in Brunswick, Maine, to attend two CAA events hosted by Anne Goodyear, codirector of the Bowdoin College Museum of Art and a former CAA president. We arrived at the picturesque New England campus on a beautiful fall day. The college’s art museum, one of the oldest in the country, anchors the western edge of the quad, its neoclassical façade presiding gracefully over green lawns and majestic trees where students played Frisbee, read, or walked across campus. It was a perfect weekend to welcome CAA members to campus.

The first group arrived that Saturday afternoon to attend a CAA member reception, the first of several Hunter has planned around the country to provide an opportunity for him to meet with members in a relaxed setting and talk about CAA. The event began with a tour of the Bowdoin College Museum of Art given by Anne and her husband, the museum’s codirector, Frank Goodyear. Immediately following, we all walked a block away to Anne and Frank’s house to enjoy some wine and cheese on their back patio. The fifteen or so participants hailed from several schools and museums in addition to Bowdoin—Colby College, Bates College, the Portland Museum of Art, and the Farnsworth Art Museum—and included art historians, artists, librarians, and independent scholars.

Members spoke in turn about their most memorable CAA experiences: attending a first conference, interviewing and getting a job, meeting old friends, or networking with scholars in their fields. Hunter then shared thoughts about his goals for CAA based on what he has learned from members since he became executive director in July. He observed the importance of connectivity—how to keep CAA members in touch with issues in the field, but especially how to keep them in touch with each other. And he described many of the changes members will experience at the next Annual Conference, including a focus on personal experience, captured by a new theme for the meetings, myCAA.

On Sunday morning, several of the same CAA members returned, joined by others from around the state, for a half-day workshop about copyright and fair use. Peter Jaszi, a co–lead investigator on CAA’s Fair Use Initiative, came from Washington, DC, to Bowdoin to lead the program, which focused on how visual-arts professionals can use CAA’s Code of Best Practices in Fair Use for the Visual Arts in their work. Following an introduction to copyright and fair use, the workshop began with a look at how museum professionals can use the Code when employing copyrighted materials in their work.

Participants had been asked to bring real-life questions with them. Thus, a museum director wanted to know whether his museum could allow photography in the galleries of works still protected by copyright. A curator described a challenge she had in getting an image for a catalogue from a museum in central China. When she received no reply from the museum, she resorted to scanning the image from another book. Is that fair use? Other questions involved loan forms, credit lines, and online projects.

As the day continued, the program moved on to address questions from professionals in other areas: librarians and archivists, professors and teachers, artists and independent scholars. Can a faculty member use images in class that she got from a flash drive she had received from a foreign museum? What kind of credit information is necessary for a blog about films? Is Shepard Fairey’s image of Obama a good case study for students learning about fair use? How should the institutional repository on a college campus view the copyright protection of yearbook photographs? By the end of the afternoon, a remarkable range of questions had been discussed, and the forty participants came away with a much greater understanding of fair use and how to rely on it in their work.

peterjasziandkylecourtneyPeter Jaszi and Kyle Courtney at CAA’s fair-use town hall at Harvard University (photograph by Janet Landay)

On Monday, Hunter, Peter, and I were in Cambridge, Massachusetts, to join Kyle Courtney, a copyright specialist in Harvard’s Office for Scholarly Communication, for a fair-use town hall on the campus of Harvard University. As in Maine, Peter began the program with an introduction to fair use, and I followed with a description of CAA’s Fair Use Initiative. Kyle spoke about a program he directs at Harvard that trains librarians to be “first responders” to users’ questions about fair use. Although relatively new, the program has proven to be an effective way to support and teach visual-arts professionals about fair use. It is now being replicated on other university campuses. The event was then opened to questions from the sixty-five members of the audience, which Peter and Kyle discussed in depth.

Many of the topics were similar to those that had been addressed at the Bowdoin workshop, but a new subject emerged as well: advocacy. Does a professor who has had a manuscript accepted have any recourse when her publisher requires signed author agreements stating that all images had been cleared for publication and all fees paid? The answer is yes; she can ask her publisher to read CAA’s Code and explain that many, if not all, of her uses of images comply with the doctrine of fair use. While the effort may not succeed (though CAA has several success stories on file), over time it will familiarize publishers with the principles outlined in the Code. Changes have already taken place, in large part due to this kind of challenge from users. Yale University Press now accepts fair-use defenses from its authors who are publishing monographs; the Robert Rauschenberg Foundation embraced a fair use policy for that artist’s work; and CAA not only encourages its authors to consider whether or not their uses are fair, but it also indemnifies authors against lawsuits about works used under fair use.

The program concluded with a reminder that CAA is happy to answer questions about fair use; please don’t hesitate to contact us at nyoffice@collegeart.org.

memberreceptionatmassartThe CAA member reception at Massachusetts College of Art and Design (photograph by Janet Landay)

Later on Monday, Hunter and I joined another group of CAA members at the Massachusetts College of Art and Design for a wine-and-cheese reception at the school’s President’s Gallery and Bakalar and Paine Galleries. Attendees included a wide range of members, from professors who have belonged to the association for thirty years to new members just graduating from MFA programs. Lisa Tung, the gallery’s director and curator, kicked off the event with a tour of two exhibitions currently on view, Encircling the World: Contemporary Art, Science, and the Sublime and Women’s Rights Are Human Rights: International Posters on Gender-Based Inequality, Violence, and Discrimination. Hunter, who is a former vice president for development at MassArt, then invited participants to speak about how CAA is valuable to them. He emphasized the importance of hearing from members so that CAA can support them as fully as possible in this rapidly changing world.

CAA’s road trip continued in early October with another member’s reception in Portland, Oregon. Later this month we will convene a fair-use workshop in Seattle, Washington. More events are planned for early next year in Georgia and Virginia. Stay tuned!

The Bowdoin College fair-use event was organized by the Bowdoin College Museum of Art and CAA, with funds provided by the Andrew W. Mellon Foundation. The Harvard University fair-use event was organized by Harvard’s Office for Scholarly Communication, thanks to the generous support of the Arcadia Fund, and by CAA, with funds provided by the Mellon Foundation.

promotionalphotoforraampGuy Laramée, The Grand Library, 2004. Altered book, pigment, metal stand, 96 x 21 x 44 inches. Courtesy of the artist and JHB Gallery. Courtesy of University of Richmond Museums, Virginia. Photo: Gordon Schmidt/University of Richmond Communications.

The College Art Association (CAA) announces the launch of RAAMP (Resources for Academic Art Museum Professionals), an online repository and forum that collects, stores, and shares resources to promote scholarship, advocacy, and discussion related to the role of academic art museums and their contribution to the educational mission of their parent institutions. RAAMP aims to strengthen the educational mission of academic museums and their parent organizations, and is oriented toward colleagues at academic art museums as well as university and other museum colleagues. RAAMP is a project of CAA made possible with a generous grant from the Andrew W. Mellon Foundation.

The principal investigators for RAAMP are N. Elizabeth Schlatter, deputy director and curator of exhibitions at the University of Richmond Museums in Virginia and an officer of CAA’s Board of Directors; and Celka Straughn, Andrew W. Mellon Director of Academic Programs at the University of Kansas’s Spencer Museum of Art and a member of CAA’s Museum Committee. Schlatter says, “Art museums at colleges and universities today are creating some of the most dynamic connections to their academic communities. RAAMP creates a virtual place to share these accomplishments and gain inspiration from colleagues. Academic museums can use examples created by their peers and posted on RAAMP to enhance their offerings to faculty and students.”

Straughn adds, “They can find curricular materials utilizing museum resources to emphasize critical thinking skills or sample reports that demonstrate and quantify how a campus museum contributes to its parent institution. RAAMP is also a place to promote professional development activities, to find research related to academic museums, and to engage in discussions with fellow professionals.”

RAAMP was created in response to a 2013 CAA Annual Conference session organized by the organization’s Museum Committee. Attendees at the session expressed a need to have a digital space where they could easily share information and strategies for communicating how their academic museums contribute to the educational mission of their parent institutions. The conversation evolved alongside the development of CAA’s own digital discussion platform, CAA Connect, which launched in September 2016.

RAAMP would not be possible without the help of its partner organizations: Association of American Museum Curators (AAMC), Association of American Museum Director (AAMD), and Association of Academic Museums & Galleries (AAMG), and representatives from the following US-based academic museum stakeholders:

The Art Galleries at Lafayette College, Bowdoin College Museum of Art, The Fowler Museum at the UCLA, Galleries of Contemporary Art at the University of Colorado, Colorado Springs; The Hood Museum at Dartmouth University, Lowe Art Museum at the University of Miami, Neuberger Museum at SUNY Purchase College, Samuel P. Harn Museum of Art at the University of Florida, Schnitzer Museum at the University of Oregon, Smart Museum of Art at the University of Chicago, Spelman College Museum of Art, Spencer Museum of Art at the University of Kansas, University of Iowa Museum of Art, University of Richmond Museums

Visit the RAAMP website to learn more.

Visit the RAAMP submissions page to submit materials.

The College Art Association (CAA) has been awarded a $132,600 grant from the Andrew W. Mellon Foundation to support the development of Resources for Academic Art Museum Professionals (RAAMP), a free, publicly accessible website that will collect, store, and share resources for professionals in academic art museums. RAAMP will promote scholarship, advocacy, and discussion related to academic art museums and their contributions to the educational mission of their parent institutions. CAA and its Museum Committee will develop RAAMP and manage its peer-generated content with the assistance of project partners, which include the Association for Academic Museums and Galleries (AAMG) and the Association of Art Museum Curators (AAMC).

Linda Downs, CAA executive director, said, “The RAAMP project was initiated by the CAA Museum Committee members N. Elizabeth Schlatter, Deputy Director and Curator of Exhibitions, University of Richmond and Celka Straughn, Andrew W. Mellon Director of Academic Programs at the Spencer Museum of Art who recognized the professional needs of academic art museum to share resources in order to better integrate museum collections into interdisciplinary study through a social community system. CAA is excited about this important initiative that will provide a prototype for similar forums.”

“Through its College and University Art Museums program, the Mellon Foundation has been a long-term supporter of the integration of college and university art museums into the curriculum and research cultures of their host institutions,” said Mariët Westermann, vice president of the Mellon Foundation. “We are therefore pleased to provide a grant to CAA for the creation of an online repository and exchange hub that will further strengthen the collaboration between academic museums and their campus communities.”

RAAMP aims to strengthen the educational mission of academic museums and their parent institutions by providing a dynamic repository of resources, by functioning as a site for news and information, and by supporting public discussion through online forums. The anticipated primary users of RAAMP include academic museum staff: administrators, educators, curators, directors, and conservators. The site would also be a significant asset for university and college administrators, faculty and staff in art and art-history departments, undergraduate and graduate students, and scholars of academic museums. Because RAAMP’s content addresses particular demographic groups—higher education and the visual arts—that are also served by nonacademic museums, the project would be valuable to museum professionals from any institution or background.

RAAMP would specifically benefit users seeking publications, information, research, case studies, professional development, and networking opportunities. Support from the Mellon Foundation will help CAA to determine types of content that would be most beneficial to RAAMP’s audience and contributors, how best to deliver and share this content, and how to facilitate dialogue related to the project’s mission.

DeWitt Godfrey, CAA president and professor of art and art history at Colgate University, said, “This is an important step for the Association to strengthen ties with academic art museums throughout the United States.”

RAAMP was conceived during a 2013 CAA Annual Conference session organized by the Museum Committee, titled “The Position of Academic Programs in Campus Art Museums: What, Why, Who, and Where To?” Session attendees expressed the need to better and more efficiently share information, strategies, and best practices for communicating academic museums’ educational contributions to their parent institutions. Many museums have created innovative programs and practices to serve their campus communities and fully integrate their collections and activities into the academic mission of their college or university. Museums have also worked to apply quantitative and qualitative metrics for mission success.

Leading the project as principal investigators will be: N. Elizabeth Schlatter, deputy director and curator of exhibitions at the University of Richmond Museums in Virginia and a member of CAA’s Museum Committee; and Celka Straughn, Andrew W. Mellon Director of Academic Programs at the University of Kansas’s Spencer Museum of Art and a member of CAA’s Museum Committee. “We are excited to work with colleagues to further develop this accessible resource that reflects that many innovative activities happening at academic museums today. We hope it will serve academic art museums to promote collaboration and demonstrate their educational and scholarly contributions.”

About CAA

The College Art Association is dedicated to providing professional services and resources for artists, art historians, and students in the visual arts. CAA serves as an advocate and a resource for individuals and institutions nationally and internationally by offering forums to discuss the latest developments in the visual arts and art history through its Annual Conference, publications, exhibitions, website, and other programs, services, and events. CAA focuses on a wide range of advocacy issues, including education in the arts, freedom of expression, intellectual-property rights, cultural heritage and preservation, workforce topics in universities and museums, and access to networked information technologies. Representing its members’ professional needs since 1911, CAA is committed to the highest professional and ethical standards of scholarship, creativity, criticism, and teaching. Learn more about CAA at www.collegeart.org.

For more information please contact Nia Page, CAA director of membership, development, and marketing.

Allison J. Cywin of the Visual Resource Center at the University of Massachusetts in Dartmouth sent the following email on June 15, 2015.

Govenor proposes closure of the Illnois State Museum

I thought I would share the following concern.  The Govenor of Illnois wants to closed the state museum. http://northernpublicradio.org/post/rauner-moves-forward-state-facility-closure-plans Please express your concerns and sign the petition (http://petitions.moveon.org/sign/governor-rauner-dont.fb48?source=s.icn.fb&r_by=5646051)
to  support the museum.
and spread the news.

Filed under: Advocacy, Museums and Galleries — Tags:

U.S. Fish and Wildlife Letter

posted by April 15, 2015

CAA sent the following letter on April 9, 2015.

U.S. Fish and Wildlife Letter

Daniel Ashe, Director
U.S. Fish and Wildlife Service
1849 C Street NW
Washington, D.C. 20240

Dear Mr. Ashe:

We are writing on behalf of the 11,000 art historians, curators, artists and conservators who comprise the membership of the College Art Association, a learned society for higher education professionals in the visual arts, regarding the changes suggested by the Association of Art Museum Directors to the proposed regulations, “Endangered Species Listed Objects and Objects with African Elephant Ivory (“Objects”).

CAA supports the U.S. Fish and Wildlife’s and the Association of Art Museum Directors’ efforts to end the poaching of elephant tusks throughout Africa and to end the commercial gain from these slaughters. At the same time we also understand the difficulties that import and export regulations impose on museums, collectors and conservators to traveling exhibitions, loans of individual art works, bequests of works of art, donations of art works and importation of art objects that contain ivory.

We support the Association of Art Museum Director’s suggested changes and respectfully request that the U.S. Fish and Wildlife adopt these changes to the Endangered Species Listed Objects and Objects with African Elephant Ivory.

Sincerely yours,

DeWitt Godfrey, CAA President

Linda Downs, Executive Director

Cc: Judith McHale
Chair Advisory Council on Wildlife Trafficking
c/o Cane Investments, LLC
3 West Main St.
Suite 101-1
Irvington, NY 10533

Report from Museums Advocacy Day 2015

posted by March 10, 2015

Elizabeth Schlatter is deputy director and curator of exhibitions for the University of Richmond Museums and outgoing chair of CAA’s Museum Committee.

On Tuesday, February 24, the American Alliance of Museums (AAM) held the seventh annual Museums Advocacy Day, in which representatives from all types of museums and arts organizations from across the country meet with congressional representatives to promote museums’ contributions to society and to discuss specific initiatives affecting their impact. This year, CAA sponsored a Museum Committee member to attend the event, so I was able to join fellow museum professionals in this important and surprisingly fun activity.

Monday, February 23, was dedicated to all-day training, which included presentations on the three main initiatives that we were to focus on during our discussions on Capitol Hill, as well as a panel Q&A with representatives from several federal funding agencies, including the usual “alphabet soup” of the NEA, NEH, IMLS, NSF, and the Bureau of Educational and Cultural Affairs from the US State Department. The main takeaway from that discussion was to always contact these federal agencies when applying for a grant or program, as their staffs are there to help you through the process. Another activity was a fantastic presentation on the “Art of the Ask” by Dan Yaeger, executive director of the New England Museum Association. As a lobbying newbie, I attended a talk by Stephanie Vance (a.k.a. the Advocacy Guru) on the nuts and bolts of lobbying on the Hill. Helpful tips included:

  • Be respectful to everyone you meet, even if it’s a twenty-one-year-old staff member and not your congressperson. These staff members truly affect how the representatives work and vote
  • Prepare an elevator speech and connect it to the representative’s personal interests or platform
  • If you have an appointment with a congressperson whose views you oppose personally, remember that when they meet with you, you are at the very least taking up their valuable time (an amusing and helpful tip!)

The afternoon consisted of reviewing the main issues that AAM was emphasizing this year:

  • Supporting fully authorized funding of $38.6 million in fiscal year 2016 for the IMLS’s Office of Museum Services
  • Opposing any proposals that would limit the scope or value of the tax deduction for charitable donations
  • Supporting the Artist-Museum Partnership Act, which would allow artists to claim a tax deduction of the fair market value of their work when donated to a charity
  • Supporting partnerships between museums and schools
  • Allowing museums be to eligible to compete for funding as part of a new Elementary and Secondary Education Act

AAM’s staff and presenters assured us that we need not be experts on these subjects but rather should use our congressional meetings to offer personal stories that demonstrate how museums are vital to the fabric of society and explain how the issues stated above will help museums continue this good work.

On Tuesday, we were fed a great breakfast, then all broke up to attend appointments that AAM set up for us across the Hill. I attended these meetings representing both CAA and my own institution in Virginia, so I met with Senator Tim Kaine (VA), Senator Kirsten Gillibrand (NY), Representative Louise Slaughter (NY), Representative Bobby Scott (VA), and Representative David Brat (VA).

I was with a group of about ten to fifteen fellow museum and arts folks for the first two appointments, and for the last three I was one of only two or three people. In addition to the issues mentioned above, I was able to talk about my museum, about university museums in general, and, of course, about CAA, including the recently issued fair-use guidelines. In general, the congressional staffers I met were gracious and knowledgeable—and I even got a photo op with a representative for my Facebook page. I was surprised and terribly grateful by how well AAM organized the event, how well they prepared us for the meetings, and how kind all the staff on the Hill were.

One of the things AAM pushed during training was that advocacy should continue beyond just that day, so I sent thank-you notes later that week. I’ve also been in touch with the two House Representative offices in Virginia to invite the congressmen and their staffs to visit our museums. Finally, my fellow advocates and I offered ourselves as resources on issues related to museums and the arts. All in all, Museums Advocacy Day was a fantastic experience to see and engage Congress in person, to meet colleagues with shared interests, and to spread the good word about museums and CAA.

CAA abhors the senseless destruction of ancient Assyrian sculpture that was publicized today.  The Assyrians created sophisticated monumental sculpture that reflected their unique form of government, fostered urban development projects of palaces, temples and markets, built a prosperous economy and promoted reading and writing in cuneiform. The monumental works from this extraordinary ancient civilization had been preserved for over 2,500 years in one of the most important collections of Middle Eastern art, the Mosul Museum. CAA calls upon the Iraq and United States government as well as the ICOMOS, the World Monuments Fund and other international organizations to adhere to Hague Convention (1954), in concert with the public and the scholarly community, to develop and implement programs to protect ancient sites, monuments, antiquities, and cultural institutions in the case of war.

DeWitt Godfrey, CAA President
Linda Downs, Executive Director

In a letter sent to Linda Downs and DeWitt Godfrey on February 9, 2015, the Association of Art Museum Directors (AAMD) expressed its support of CAA’s newly published Code of Best Practices in Fair Use for the Visual Arts.

Christine Anagnos, AAMD executive director, and Susan Taylor, AAMD president and Montine McDaniel Freeman Director of the New Orleans Museum of Art in Louisinan, write: “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. We are thankful to those who helped to develop the guide over the past two years and recognize the hard work of Peter Jaszi and Patricia Aufderheide.”

CAA endorses the Association of Art Museum Directors sanction against the Delaware Art Museum for selling an object from their permanent collection to address financial challenges. The work in question is William Holman Hunt’s  Isabella and the Pot of Basil (1868) sold at Christie’s this week for a final hammer price of $4.25 million, half the amount estimated.

The sanction will result in the Delaware Art Museum not receiving loans of works of art from the AAMD member museums: http://galleristny.com/2014/06/aamd-sanctions-delaware-art-museum/. This sale is unethical and a breach of fiduciary responsibility according to the collection policies of Association of American Museums, AAMD and CAA. Museum collections are held in the public trust, and proceeds of sales of works from permanent collections are to be used for future growth of collections.

Image: William Holman Hunt, Isabella and the Pot of Basil, 1868, oil on canvas, 74 x 46 in. (artwork in the public domain)