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“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 federal statute 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 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 tatooed 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

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

The July CAA News has just been published and posted to the CAA website. All individual and institutional members can download a PDF of it now.

With this issue, CAA News returns to a digital-only format. The layout of the newsletter has changed to better fit your computer screen, and all images are now in color. If you prefer to read a hard copy, the printout pages are clear and readable.

Inside, CAA talks to Heather Darcy Bhandari and Jonathan Melber about their new book, Art/Work: Everything You Need to Know (and Do) As You Pursue Your Art Career (see pages 4–7). You can also read early details about the upcoming 2010 Annual Conference in Chicago: registration prices have just been announced (see page 16), and applications for a limited number of conference travel grants are available (pages 17–18).

Be sure to visit CAA News on the web on a regular basis. CAA will also continue using other forms of electronic communication—Facebook, Twitter, email blasts, and more—to get important organizational information to you.

Filed under: CAA News, Publications

CAA rounds up several legal issues related to the art and academic worlds.

US Ban on Muslim Scholar

Last week the US Court of Appeals for the Second Circuit reversed a lower court’s decision regarding Tariq Ramadan, a Swiss Muslim professor who was not allowed into the country to teach at the University of Notre Dame. The State Department revoked Ramadan’s visa in 2004 via the USA Patriot Act and then denied another one two years later because he contributed to a charity that was allegedly supporting Hamas, a Palestinian group that is a terrorist group in the eyes of the American government. Ramadan may now be able to dispute this claim, which could reinstate his visa status.

Three groups—the American Academy of Religion, the American Association of University Professors, and PEN American Center—worked with the American Civil Liberties Union on the case. The New York Times has the story on the recent ruling.

Shepard Fairey’s Obama Poster

The photographer whose image was used in Shepard Fairey’s iconic poster of Barack Obama argues that the Associated Press, who is suing Fairey for copyright infringement, does not actually possess the photograph’s copyright. Erik Larsen at Bloomberg has more details.

National Gallery and Digital Images

The National Portrait Gallery in London is threatening a lawsuit against Derrick Coetzee, a Seattle man who downloaded thousands of high-resolution images from the museum’s website and posted many on Wikipedia. In the US, photographs of two-dimensional works of art are not protected by copyright because the photographs lack originality (per Bridgeman Art Library v. Corel Corp from 1999). In the UK, however, there is not a similar legal precedent. The Independent and the Guardian have reported on the developing story.

A Tennessee Court of Appeals ruled on Tuesday that the Georgia O’Keeffe Museum in Santa Fe, New Mexico, may not intervene in the sale of artworks that the late artist donated to Fisk University. For more than three years the cash-strapped Nashville school, which owns a substantial bequest that includes O’Keeffe’s famous Radiator Building – Night, New York (1927) and Marsden Hartley’s Painting No. 3 (1913), has wanted to sell those two paintings to—and share the display of many other works in the prized collection with—the Crystal Bridges Museum in Bentonville, Arkansas.

Travis Loller of the Associated Press and Jack Silverman of the Nashville Scene have more details.

CAA encourages you to sign a petition that supports the integrity and value of university and college art museums.

A Tennessee Court of Appeals ruled on Tuesday that the Georgia O’Keeffe Museum in Santa Fe, New Mexico, may not intervene in the sale of artworks that the late artist donated to Fisk University. For more than three years the cash-strapped Nashville school, which owns a substantial bequest that includes O’Keeffe’s famous Radiator Building – Night, New York (1927) and Marsden Hartley’s Painting No. 3 (1913), has wanted to sell those two paintings to—and share the display of many other works in the prized collection with—the Crystal Bridges Museum in Bentonville, Arkansas.

Travis Loller of the Associated Press and Jack Silverman of the Nashville Scene have more details.

CAA encourages you to sign a petition that supports the integrity and value of university and college art museums.

New Faces for CAA Journals

posted by July 10, 2009

Paul Jaskot, president of the CAA Board of Directors, has made new appointments to CAA’s three scholarly journals.

Karen Lang, associate professor of art history at the University of Southern California, has been appointed the next editor-in-chief of The Art Bulletin, succeeding Richard J. Powell of Duke University. Lang begins her three-year term on July 1, 2010, with the preceding year as editor designate.

Michael Cole is the new reviews editor for The Art Bulletin, succeeding David J. Roxburgh of Harvard University, who served the journal for three years. Cole became reviews editor designate in February and took over from Roxburgh this month.

Joining the Art Bulletin Editorial Board for four-year terms beginning July 1, 2009, are: Linda Komaroff, Los Angeles County Museum of Art; Thelma K. Thomas, Institute of Fine Arts, New York University; and Eugene Wang, Harvard University. The newly selected editorial-board chair is Natalie Kampen of Barnard College, who will serve for two years.

At Art Journal, Howard Singerman of the University of Virginia has been appointed the new reviews editor; he will take over from Liz Kotz of the University of California, Riverside, and serve from July 1, 2010, to June 30, 2013, with a year as reviews editor designate starting this month.

Also at Art Journal, Rachel Weiss of the School of the Art Institute of Chicago and Constance DeJong of Hunter College, City University of New York, have joined the Art Journal Editorial Board for the next four years.

Now on the caa.reviews Editorial Board is Michael Ann Holly of the Sterling and Francine Clark Art Institute, who will serve for four years. In addition, seven new field editors for books and related media have been chosen:

  • Molly Emma Aitken, City College, City University of New York, South and Southeast Asian art
  • Darby English, University of Chicago, contemporary art
  • Jonathan Massey, Syracuse University, architecture and urbanism, 1800–present
  • Adelheid Mers, School of the Art Institute of Chicago, arts administration and museum studies (a new field-editor position)
  • Tanya Sheehan, Rutgers University, photography
  • Janis Tomlinson, University Museums at the University of Delaware, Spanish art
  • Tony White, Indiana University, Bloomington, artist’s books and books for artists (a new field-editor position)

Field editors work with the journal for three years, starting on July 1, 2009.

All editors and editorial-board members are chosen from an open call for nominations and self-nominations, published in at least two issues of CAA News (usually January and March) and on the CAA website.

The J. Paul Getty Trust in Los Angeles has returned full ownership of the Avery Index to Architectural Periodicals to Columbia University in New York. Produced since 1934 at Columbia’s Avery Architectural and Fine Arts Library, the internet-based index has been operated by both institutions for twenty-six years, with the Getty providing funding and technical and administrative support while Columbia managed its production.

An essential research tool, the Avery Index provides a comprehensive listing of journal articles published worldwide on architecture and design, city planning, interior design, landscape architecture, and historic preservation. At present, about 225 institutions are subscribers, which comprise nearly all major academic institutions internationally who support research in architecture.

Last spring, in connection with Getty-wide budget reductions, the Getty Research Institute (GRI) announced its intention to transfer the index back to Columbia. Moreover, says GRI director Thomas Gaehtgens, the index has become increasingly self-supporting.

Columbia and the Getty will ensure a seamless transition for users of the index, coordinating continuing distribution agreements as they have in the past. The Getty will continue providing administrative and technical support during the transition period from July 1, 2009 until December 31, 2009.

Filed under: Libraries, Publications, Research — Tags:

In addition to yesterday’s grant announcement, CAA is proud to report a second grant received from the National Endowment for the Arts (NEA). As part of the Access to Artistic Excellence program, the NEA awarded $20,000 to CAA in May 2009 to support ARTspace at the 2010 Annual Conference in Chicago. Designed to engage artist members, ARTspace sessions are offered free of charge and include live interviews with prominent artists; film, video, and multimedia screenings; performances; and presentations.

The NEA website has posted a list of all recipients of the Access to Artistic Excellence grant in the category of visual arts.