CAA News Today
Rose Board Responds to Museum Crisis
posted by Christopher Howard — April 24, 2009
The board of overseers at the Rose Art Museum at Brandeis University released a statement yesterday, found here and here, to counter provost Marty Wyngaarden Krauss’s missive from last week about keeping the building open to art exhibitions beyond this summer. Since late January, when the university first announced plans to close the museum and sell its collections, the school administration has backpedaled several times, claiming to transform the museum into an art study and exhibition center (which it already is), to not sell the entire collection, and to continue hosting exhibitions. To which the board responds:
In her letter, Krauss attempted to clarify future plans for the Rose Art Museum once the University closes it on June 30, 2009. Despite the existence of the current Board of Overseers for the museum, Brandeis has named a new committee to “explore future options for the Rose.” In addition, the current position of museum director will be eliminated. According to Jon Lee, chair of the Rose Art Museum’s Board of Overseers, “Without a director or curator, the Rose cannot continue to function as a museum under any meaningful definition. Since the University’s announcement on January 26, 2009 that it would close the museum, membership and Rose Overseer dues, and all donations have ceased or been asked to be returned. This amounts to more than $2.5 million.”
“When the Rose family originally founded the Rose Art Museum, they were very clear about its mission and the integral role it would play as a part of the Brandeis community,” said Meryl Rose, a member of the Rose Art Museum’s Board of Overseers and a relative to the original museum founders. “A museum with a collection and reputation such as the Rose needs a director, and while Krauss’s letter states that the collection will be cared for, it does not erase the fact that the Rose as we know it will cease to exist under the administration’s current plans. The administration is carrying out an elaborate charade, the first step of which is to turn the Rose from a true museum as its founders intended, into something quite different….”
Again, the full statement can be found here and here. Richard Lacayo, art and architectural critic for Time, wrote about Brandeis’s announcement last week and quotes Rose director Michael Rush:
So long as the Rose remains open as a museum, it remains subject to the ethical guidelines of American museum groups that do what they can to discourage the kind of emergency sales that Brandeis is contemplating. But I spoke later with Michael Rush, the director of the Rose, who will soon be gone, along with several other significant Rose staffers. He was skeptical about what the university was doing. “They’re talking about keeping the Rose open,” he said. “But there’s no director, no curator, no education director, no funding stream and no program.”
An update to Lacayo’s report is a message from Jon Lee, Rose board chairman, which notes that Massachusett’s Attorney General office is watching developments closely. Relatedly, Art in America has published an interview with Meryl Rose, in which potential legal action is briefly discussed.
The situation at Brandeis is one of many taking place concerning unusual uses of restricted endowments and related funding. In his article “New Unrest on Campus as Donors Rebel,” John Hechinger of the Wall Street Journal writes, “As schools struggle more than they have in decades to fund their core operations, many are looking to a rich pool of so-called restricted gifts—held in endowments whose donors often provide firm instructions on how their money should be spent.”
Read more of CAA’s coverage of the Rose Art Museum. The museum itself has been keeping a comprehensive log of articles and reviews.
Artist-Museum Partnership Act Introduced in House and Senate
posted by Christopher Howard — April 22, 2009
The Artist-Museum Partnership Act of 2009, legislation introduced in both houses of Congress, would allow a fair-market-value tax deduction for charitable contributions of literary, musical, artistic, or scholarly compositions to collecting institutions such as museums, libraries, and archives. At present, a donating artist, writer, or composer can only deduct the cost of materials used to create the work, which is not a fair incentive to donate and also hurts the missions of public and nonprofit institutions nationwide to increase public access to these unique creations.
The sponsors of the bill—Senators Patrick Leahy (D-VT) and Robert Bennett (R-UT) for S 405 and Representatives John Lewis (D-GA) and Todd Platts (R-PA) for HR 1126—hope that past enthusiasm for such legislation will grow in the current 111th Congress. Although similar Senate bills have passed five times in previous years, the House version of the bill in the 110th Congress had 111 cosponsors. Now that a new Congress is underway, more cosponsors are needed to help advance the bill.
The American Association of Museums has worked with the Association of Art Museum Directors to provide a draft letter that you can use to encourage your federal lawmakers to cosponsor the bill. With your help, this important legislation for both artists and institutions can move forward.
ARTIST-MUSEUM PARTNERSHIP ACT INTRODUCED IN HOUSE AND SENATE
posted by Christopher Howard — April 22, 2009
The Artist-Museum Partnership Act of 2009, legislation introduced in both houses of Congress, would allow a fair-market-value tax deduction for charitable contributions of literary, musical, artistic, or scholarly compositions to collecting institutions such as museums, libraries, and archives. At present, a donating artist, writer, or composer can only deduct the cost of materials used to create the work, which is not a fair incentive to donate and also hurts the missions of public and nonprofit institutions nationwide to increase public access to these unique creations.
The sponsors of the bill—Senators Patrick Leahy (D-VT) and Robert Bennett (R-UT) for S 405 and Representatives John Lewis (D-GA) and Todd Platts (R-PA) for HR 1126—hope that past enthusiasm for such legislation will grow in the current 111th Congress. Although similar Senate bills have passed five times in previous years, the House version of the bill in the 110th Congress had 111 cosponsors. Now that a new Congress is underway, more cosponsors are needed to help advance the bill.
The American Association of Museums has worked with the Association of Art Museum Directors to provide a draft letter that you can use to encourage your federal lawmakers to cosponsor the bill. With your help, this important legislation for both artists and institutions can move forward.
Google Book Settlement Opt-Out Deadline Approaching
posted by Christopher Howard — April 07, 2009
The deadline for authors and publishers to opt out of a recent class-action settlement regarding the scanning and electronic distributing of in-copyright books by Google is May 5, 2009.
Last October, the Authors Guild, the Association of American Publishers, and Google announced a settlement agreement on behalf of a broad class of authors and publishers worldwide that would expand online access to millions of in-copyright books and other written materials in the United States from the collections of a number of major US libraries participating in Google Book Search.
For full details on the settlement and to opt out, please visit www.googlebooksettlement.
US Court Appeal May Overturn Ban on Foreign Scholar
posted by Christopher Howard — March 18, 2009
On Tuesday, March 23, the US Court of Appeals for the Second Circuit will reconsider the case of a Swiss professor and Muslim scholar, Tariq Ramadan, who was banned from entering the country in 2004, reports John Schwartz of the New York Times. Based on a provision for ideological exclusion in the USA Patriot Act, Ramadan was declined a visa by the US government to travel to America and take a position at the University of Notre Dame.
The American Academy of Religion, the American Association of University Professors, and PEN American Center all support the American Civil Liberties Union, which is challenging a 2007 ruling that upheld the government’s decision. Arguing for Americans’ First Amendment rights to hear Ramadan, this coalition is also calling on the new presidential administration to end ideological exclusion.
The Patriot Act allows the US to deny a visa to anyone whom it believes has endorsed or espoused terrorist activity or persuaded others to endorse or espouse terrorist activity. The ACLU, however, claims the government used the provision more broadly to deny entry to scholars, writers, and activists whose political views it disfavored. After the ACLU initially filed suit, Schwartz reports, the government asserted that Ramadan made contributions from 1998 to 2002 to a charity in Switzerland, called the Association de Secours Palestinien, which the Treasury Department had deemed a Hamas-affiliated terrorist organization.
US COURT APPEAL MAY OVERTURN BAN ON FOREIGN SCHOLAR
posted by Christopher Howard — March 18, 2009
On Tuesday, March 23, the US Court of Appeals for the Second Circuit will reconsider the case of a Swiss professor and Muslim scholar, Tariq Ramadan, who was banned from entering the country in 2004, reports John Schwartz of theNew York Times. Based on a provision for ideological exclusion in the USA Patriot Act, Ramadan was declined a visa by the US government to travel to America and take a position at the University of Notre Dame.
The American Academy of Religion, the American Association of University Professors, and PEN American Center all support the American Civil Liberties Union, which is challenging a 2007 ruling that upheld the government’s decision. Arguing for Americans’ First Amendment rights to hear Ramadan, this coalition is also calling on the new presidential administration to end ideological exclusion.
The Patriot Act allows the US to deny a visa to anyone whom it believes has endorsed or espoused terrorist activity or persuaded others to endorse or espouse terrorist activity. The ACLU, however, claims the government used the provision more broadly to deny entry to scholars, writers, and activists whose political views it disfavored. After the ACLU initially filed suit, Schwartz reports, the government asserted that Ramadan made contributions from 1998 to 2002 to a charity in Switzerland, called the Association de Secours Palestinien, which theTreasury Department had deemed a Hamas-affiliated terrorist organization.
FREE SPEECH PROTECTION ACT INTRODUCED IN HOUSE
posted by Christopher Howard — March 10, 2009
Representative Peter King, a Republican from the State of New York, reintroduced the Free Speech Protection Act (HR 1304) to protect the First Amendment rights of Americans who are sued for defamation in foreign courts. With the rise of libel tourism, the fear of a lawsuit has become a deterrent for American authors, journalists, and publishers seeking to publish works on topics such as terrorism. The bill provides protections that will deter foreigners from suing Americans.
Recently there has been a rise in “libel tourism,” where foreigners take advantage of plaintiff-friendly foreign court systems, such as in the United Kingdom, in order to sue Americans for defamation. When sued in foreign courts, it has been difficult for Americans to countersue, as they could not establish standing in US courts. Without the ability to retaliate, there is nothing to discourage the practice of libel tourism.
The Free Speech Protection Act does the following to protect Americans and deter foreign libel lawsuits:
- Allows US persons to bring a federal cause of action against any person bringing a foreign libel suit if the writing does not constitute defamation under US law
- Bars enforcement of foreign libel judgments and provides other appropriate injunctive relief by US courts if a cause of action is established
- Awards damages to the US person who brought the action in the amount of the foreign judgment, the costs related to the foreign lawsuit, and the harm caused due to the decreased opportunities to publish, conduct research, or generate funding
- Awards treble damages if the person bringing the foreign lawsuit intentionally engaged in a scheme to suppress First Amendment rights
- Allows for expedited discovery if the court determines that the speech at issue in the foreign defamation action is protected by the First Amendment.
While the goal of the bill is to protect Americans from the exploitation of libel tourism, it does not intend to limit legitimate cases of defamation. Nothing in the bill limits the rights of foreign litigants who bring forward good-faith defamation actions against journalists and others who have purposely and maliciously published false information.
In 2008, New York State passed a similar bill entitled Rachel’s Law. King’s bill raises the issue on the federal level so that all American’s rights can be protected. Senators Specter, Lieberman, and Schumer have introduced companion legislation in the Senate.
Free Speech Protection Act Introduced in House
posted by Christopher Howard — March 10, 2009
Representative Peter King, a Republican from the State of New York, reintroduced the Free Speech Protection Act (HR 1304) to protect the First Amendment rights of Americans who are sued for defamation in foreign courts. With the rise of libel tourism, the fear of a lawsuit has become a deterrent for American authors, journalists, and publishers seeking to publish works on topics such as terrorism. The bill provides protections that will deter foreigners from suing Americans.
Recently there has been a rise in “libel tourism,” where foreigners take advantage of plaintiff-friendly foreign court systems, such as in the United Kingdom, in order to sue Americans for defamation. When sued in foreign courts, it has been difficult for Americans to countersue, as they could not establish standing in US courts. Without the ability to retaliate, there is nothing to discourage the practice of libel tourism.
The Free Speech Protection Act does the following to protect Americans and deter foreign libel lawsuits:
- Allows US persons to bring a federal cause of action against any person bringing a foreign libel suit if the writing does not constitute defamation under US law
- Bars enforcement of foreign libel judgments and provides other appropriate injunctive relief by US courts if a cause of action is established
- Awards damages to the US person who brought the action in the amount of the foreign judgment, the costs related to the foreign lawsuit, and the harm caused due to the decreased opportunities to publish, conduct research, or generate funding
- Awards treble damages if the person bringing the foreign lawsuit intentionally engaged in a scheme to suppress First Amendment rights
- Allows for expedited discovery if the court determines that the speech at issue in the foreign defamation action is protected by the First Amendment.
While the goal of the bill is to protect Americans from the exploitation of libel tourism, it does not intend to limit legitimate cases of defamation. Nothing in the bill limits the rights of foreign litigants who bring forward good-faith defamation actions against journalists and others who have purposely and maliciously published false information.
In 2008, New York State passed a similar bill entitled Rachel’s Law. King’s bill raises the issue on the federal level so that all American’s rights can be protected. Senators Specter, Lieberman, and Schumer have introduced companion legislation in the Senate.
Associated Press Claims Copyright Infringement in Obama Poster
posted by Christopher Howard — February 05, 2009
The Associated Press (AP) is claiming copyright in the image used by the street artist Shepard Fairey for his famous poster of Barack Obama. Fairey acknowledges that his image is based on a 2006 photograph taken by Manny Garcia while on an AP assignment at the National Press Club in Washington. “The AP says it owns the copyright, and wants credit and compensation,” writes Hillel Italie, a reporter for the news organization. Anthony Falzone, who is Fairey’s attorney, the executive director of the Fair Use Project at Stanford University, and a lecturer at the Stanford Law School, is arguing for fair use.
An exhibition of Fairey’s work opens tomorrow at the Institute of Contemporary Art in Boston, Massachusetts, on view through August 16, 2009.
In related copyright news, a lawsuit was filed in late December against the artist Richard Prince and Gagosian Gallery by the French photographer Patrick Cariou. Prince appropriated photographs from Cariou’s book Yes Rasta from 2000 in his recent exhibition of work; the work was also reproduced in a catalogue published by the gallery. Daniel Grant has the story for the Wall Street Journal.
Bruce Cole to Leave the NEH
posted by Christopher Howard — November 12, 2008
The National Endowment for the Humanities has announced that Chairman Bruce Cole will leave the endowment to join the American Revolution Center as its president and chief executive officer, effective January 2009.
Appointed NEH chairman by President George W. Bush, Cole was confirmed by the Senate in 2001 and reconfirmed in 2005 for a second term. Cole is the longest serving chairman in NEH history. During his tenure, the NEH launched innovative humanities programs, including We the People and Picturing America. Under his leadership, the NEH led the application of digital technology to the humanities through its Office of Digital Humanities. The office established innovative new grant programs and formed ground-breaking partnerships with the Department of Energy and the National Science Foundation. Cole has also worked to broaden the international reach of NEH.