CAA News Today
HR Administrator Advocates for Adjunct Professors
posted Oct 15, 2008
“Higher education—especially public higher education—would face major disruptions within five or six years if it doesn’t come up with some way to change the way adjuncts are treated.” So writes Scott Jaschik of Inside Higher Ed, summarizing the words of A. G. Monaco, a senior human-resources official at the University of Akron, speaking at the annual meeting of the College and University Professional Association for Human Resources. In his article “Call to Arms for Adjuncts . . . From an Administrator,” Jaschik reports that Monaco offered an outline of steps that colleges should take to bridge the gap between the way tenure-track professors and their adjunct and part-time colleagues are treated. If not, colleges and universities could face increasing unionization, for better or worse, from what Monaco calls “a highly educated working poor.”
2009 Annual Conference Website Goes Live
posted Oct 14, 2008
The website for the 2009 Annual Conference in Los Angeles, which contains registration information, travel and hotel details, Career Services features, reception and meeting listings, special events, and more, has been launched. You can also register for the conference online.
The conference website expands the Conference Information and Registration booklet that was mailed to all members earlier this month. A new feature is a list of frequently asked questions about the conference; more details will be added between now and February.
Complete session listings, including those held in ARTspace, will be posted soon. You will be able to sample the approximately 150 sessions in detail, search by keyword and browse by conference day, and find out who is speaking and the titles of their papers.
Online registration has begun. You can also buy tickets for other events, such as the Gala Reception, Professional Development Workshops, and postconference tours. Alternatively, you may use the printed forms in Conference Information and Registration.
Orphan-Works Legislation Dies in the House
posted Oct 10, 2008
After a flurry of Congressional activity last week and the passing of the Shawn Bentley Orphan Works Act in the Senate, Gigi Sohn of Public Knowledge (PK) notes, orphan-works legislation has died in the House of Representatives. She writes:
The negotiations went on for hours and hours on [October 2–3], but in the end, PK, working with the user community (libraries, documentary filmmakers, educational institutions and the College Art Association) could not agree with on language with the House staff…. Time had run out.
Though several matters remained unresolved, which Sohn discusses, she was proud of the progress made so far and is pleased that the issues surrounding the documentation of a good-faith search have been narrowed so that future legislative efforts may be more fruitful.
Orphan-Works Legislation Dies in the House
posted Oct 10, 2008
After a flurry of Congressional activity last week and the passing of the Shawn Bentley Orphan Works Act in the Senate, Gigi Sohn of Public Knowledge (PK) notes, orphan-works legislation has died in the House of Representatives. She writes:
The negotiations went on for hours and hours on [October 2–3], but in the end, PK, working with the user community (libraries, documentary filmmakers, educational institutions and the College Art Association) could not agree with on language with the House staff…. Time had run out.
Though several matters remained unresolved, which Sohn discusses, she was proud of the progress made so far and is pleased that the issues surrounding the documentation of a good-faith search have been narrowed so that future legislative efforts may be more fruitful.
Federal Agencies Collaborate on Digitization Guidelines
posted Oct 09, 2008
A dozen federal agencies are launching an initiative, the Federal Agencies Still Image Digitization Working Group, to establish a common set of guidelines for digitizing historical materials. Basing its efforts on a combination of collaborative research and combined experience, the Federal Agencies Digitization Guidelines Initiative will address a variety of issues related to the complex activities involved in the digitization of cultural-heritage items.
Two working groups have been formed, one addressing content that can be captured in still images, the other involved with content categorizing sound, video, or motion-picture film. The initiative includes a just-launched website.
The Federal Agencies Still Image Digitization Working Group will focus its efforts on content such as books, manuscripts, maps, and photographic prints and negatives. Its members include the Library of Congress, the National Gallery of Art, the National Agricultural Library, the National Archives and Records Administration, the National Library of Medicine, the National Technical Information Service, the National Transportation Library, the Smithsonian Institution, the US Geological Survey, and the US Government Printing Office. An advisory board of technical experts from industry and academia will also contribute to the initiative.
The Federal Agencies Audio-Visual Working Group, which will address standards and practices for sound, video, and motion-picture film, includes the Defense Visual Information Directorate of the Department of Defense, the Library of Congress, the National Agricultural Library, the National Archives and Records Administration, the National Library of Medicine, the Smithsonian Institution, the Government Printing Office, and the Voice of America.
The agencies began meeting in 2007 to identify common practices for digitizing cultural-heritage materials in a sustainable way. Establishing guidelines is expected to increase the quality and consistency of digitized documents and media that are made available to the public, streamline workflows and reduce costs, promote the exchange of research, and encourage collaboration across agencies. The guidelines will also provide common benchmarks for digitization service providers and manufacturers.
The website currently features two documents developed by the Still Image Digitization Working Group that are open for comment until mid-November. The first proposes a minimal set of embedded TIFF metadata for use in historical and cultural-heritage digital imaging. The second two-part document presents a taxonomy of digital-image characteristics and provides corresponding metrics and criteria to describe and validate imaging performance and quality. The website also provides a glossary of digitization terms and concepts and presents digitization-related news and events on the subject from the participating agencies.
This collaborative effort initially formed under the sponsorship of the National Digital Information Infrastructure and Preservation Program (NDIIPP), a Library of Congress–led program initiated by Congress in December 2000 to develop a national strategy to collect and preserve digital content.
CAA Statement on Orphan-Works Legislation
posted Oct 09, 2008
For several years, Congress has been considering legislation to address issues raised by orphan works. Orphan works are works that are still in copyright, but where the copyright holder cannot be found and the rights cleared. Most recently, in September 2008, the Senate passed S.2913, the Shawn Bentley Orphan Works Act of 2008. CAA has been supporting this legislation, as a boon for both CAA’s artist and scholar members.
CAA is the nation’s largest organization representing the visual-arts communities. With its wide-ranging membership, including artists, scholars, museums, and other visual-arts professionals, CAA has been involved in discussions on orphan-work legislation from the beginning. With the assistance of anecdotes from scores of its members CAA filed substantial comments with the US Copyright Office in March 2005, identifying circumstances in which current copyright law impairs the use of orphan works in artistic and scholarly works alike and proposing a legislative approach that would balance the legitimate interest of creators, copyright owners, and users. CAA also participated in roundtable discussions held by the Copyright Office. In January 2006, the Copyright Office issued a report that cited the CAA’s comments and recommended adoption of orphan-works legislation, including conditions that would appropriately balance the interests of contemporary artists and other copyright owners with the interests of users of orphan works.
From the time that such legislation was first introduced, in May 2006, to implement the recommendations of the Copyright Office and, throughout the 110th Congress, CAA has been working with other organizations—including museums, universities, libraries, and commercial publishers, as well as the Copyright Office—in crafting orphan-works legislation. The purpose of the legislation is to amend the copyright law to allow orphan works to be used without an undue risk to the user—of statutory damages or an injunction—assuming that the user conducted a diligent search for the copyright owner and properly attributed the work as an orphan work. At the same time, CAA, with its membership of artists, designers, and photographers, has taken full account of their concerns that orphan-works legislation, if enacted, would allow bad-actor copyright infringers to avoid copyright liability. In particular, CAA is aware of fears that artists whose works cannot easily be signed, or have other identifying information attached to them, might readily become orphaned and, in this way, be used unfairly and unscrupulously, without appropriate compensation and attribution.
CAA supports legislation that would require users of orphan works to conduct diligent searches to identify and locate copyright owners as a precondition of works becoming eligible for orphan-works treatment. The search requirements that CAA supports are detailed and meaningful, but they also are not unduly burdensome. They include searches of Copyright Office records and the use of other appropriate databases and other resources. The requirement that the user conduct a diligent search, with the parameters of such a search elaborated in the legislation itself, is intended to ensure that copyright owners would not be at risk from bad-faith searches. CAA also has been working hard to ensure that, should there ever be litigation surrounding the use of an orphan work, the burden would be on the user to demonstrate that his or her search was diligent. In addition, CAA supports legislation that would permit courts to pay heed to best practices for searches that would be crafted by professional organizations, such as CAA. If the legislation is enacted, then CAA will be uniquely well-suited to develop and promulgate guidelines on best practices for searches, given the wide range of interests of its members and the wide spectrum of copyrighted works that they create and use.
Finally, CAA encourages artists to consider the advantages of registering their works with the US Copyright Office. Under the legislation supported by CAA, in coalition with other visual-arts organizations, ordinarily, for a search of an orphan-work copyright owner to qualify as diligent, the user generally should search the Copyright Office’s registration records, as reasonable under the circumstances. By registering their works, CAA’s members will be better able to protect their creative property while allowing for appropriate and lawful use under the copyright law.
CAA Statement on Orphan-Works Legislation
posted Oct 09, 2008
For several years, Congress has been considering legislation to address issues raised by orphan works. Orphan works are works that are still in copyright, but where the copyright holder cannot be found and the rights cleared. Most recently, in September 2008, the Senate passed S.2913, the Shawn Bentley Orphan Works Act of 2008. CAA has been supporting this legislation, as a boon for both CAA’s artist and scholar members.
CAA is the nation’s largest organization representing the visual-arts communities. With its wide-ranging membership, including artists, scholars, museums, and other visual-arts professionals, CAA has been involved in discussions on orphan-work legislation from the beginning. With the assistance of anecdotes from scores of its members CAA filed substantial comments with the US Copyright Office in March 2005, identifying circumstances in which current copyright law impairs the use of orphan works in artistic and scholarly works alike and proposing a legislative approach that would balance the legitimate interest of creators, copyright owners, and users. CAA also participated in roundtable discussions held by the Copyright Office. In January 2006, the Copyright Office issued a report that cited the CAA’s comments and recommended adoption of orphan-works legislation, including conditions that would appropriately balance the interests of contemporary artists and other copyright owners with the interests of users of orphan works.
From the time that such legislation was first introduced, in May 2006, to implement the recommendations of the Copyright Office and, throughout the 110th Congress, CAA has been working with other organizations—including museums, universities, libraries, and commercial publishers, as well as the Copyright Office—in crafting orphan-works legislation. The purpose of the legislation is to amend the copyright law to allow orphan works to be used without an undue risk to the user—of statutory damages or an injunction—assuming that the user conducted a diligent search for the copyright owner and properly attributed the work as an orphan work. At the same time, CAA, with its membership of artists, designers, and photographers, has taken full account of their concerns that orphan-works legislation, if enacted, would allow bad-actor copyright infringers to avoid copyright liability. In particular, CAA is aware of fears that artists whose works cannot easily be signed, or have other identifying information attached to them, might readily become orphaned and, in this way, be used unfairly and unscrupulously, without appropriate compensation and attribution.
CAA supports legislation that would require users of orphan works to conduct diligent searches to identify and locate copyright owners as a precondition of works becoming eligible for orphan-works treatment. The search requirements that CAA supports are detailed and meaningful, but they also are not unduly burdensome. They include searches of Copyright Office records and the use of other appropriate databases and other resources. The requirement that the user conduct a diligent search, with the parameters of such a search elaborated in the legislation itself, is intended to ensure that copyright owners would not be at risk from bad-faith searches. CAA also has been working hard to ensure that, should there ever be litigation surrounding the use of an orphan work, the burden would be on the user to demonstrate that his or her search was diligent. In addition, CAA supports legislation that would permit courts to pay heed to best practices for searches that would be crafted by professional organizations, such as CAA. If the legislation is enacted, then CAA will be uniquely well-suited to develop and promulgate guidelines on best practices for searches, given the wide range of interests of its members and the wide spectrum of copyrighted works that they create and use.
Finally, CAA encourages artists to consider the advantages of registering their works with the US Copyright Office. Under the legislation supported by CAA, in coalition with other visual-arts organizations, ordinarily, for a search of an orphan-work copyright owner to qualify as diligent, the user generally should search the Copyright Office’s registration records, as reasonable under the circumstances. By registering their works, CAA’s members will be better able to protect their creative property while allowing for appropriate and lawful use under the copyright law.
The Role of Art in the Modern University
posted Oct 06, 2008
The visual arts should be at the center of university life, argues Marjorie Garber, chair of the Department of Visual and Environmental Studies at Harvard University and director of the Carpenter Center for the Visual Arts. In the Ideas section of the Boston Globe, she writes that “although artists and performers are highly prized as visitors to colleges and universities, the kind of work they do has not reached a comparable importance in the curriculum.” Garber notes that art is often considered a loss leader for schools, and argues that insitutes of higher education should become stronger patrons for the arts—and should think about how artists can be better funded and integrated into the larger university experience.
Senate Passes Orphan Works Bill
posted Oct 02, 2008
Daniel Barlow reports in the Rutland Herald that the US Senate passed the Shawn Bentley Orphan Works Act (S.2913); the vote took place September 26, 2008. An “orphan work” is any copyrighted work—book or other text, picture, music, recording, film, etc.—whose copyright owner cannot be identified or located. According to the bill’s author, Senator Patrick Leahy (D-VT), orphan-works legislation in the House of Representative (H.R.5889) will most likely not be voted on until after the presidential election in November.
CAA is working hard to ensure that a final bill will include language that gives professional groups—including such associations as CAA, professional photographers organizations, and others—the ability to define appropriate guidelines for what constitutes a sufficient search for a copyright holder. This in turn will allow organizations like CAA to ensure that artists’ copyrights are protected.
Marybeth Peters, the register of copyrights at the US Copyright Office, released a statement on the eve of the vote explaining the need for orphan-works legislation. For several years, CAA has been actively involved orphan works. For other copyright issues, see the Intellectual Property and the Arts section of the CAA website.
Senate Passes Orphan Works Bill
posted Oct 02, 2008
Daniel Barlow reports in the Rutland Herald that the US Senate passed the Shawn Bentley Orphan Works Act (S.2913); the vote took place September 26, 2008. An “orphan work” is any copyrighted work—book or other text, picture, music, recording, film, etc.—whose copyright owner cannot be identified or located. According to the bill’s author, Senator Patrick Leahy (D-VT), orphan-works legislation in the House of Representative (H.R.5889) will most likely not be voted on until after the presidential election in November.
CAA is working hard to ensure that a final bill will include language that gives professional groups—including such associations as CAA, professional photographers organizations, and others—the ability to define appropriate guidelines for what constitutes a sufficient search for a copyright holder. This in turn will allow organizations like CAA to ensure that artists’ copyrights are protected.
Marybeth Peters, the register of copyrights at the US Copyright Office, released a statement on the eve of the vote explaining the need for orphan-works legislation. For several years, CAA has been actively involved orphan works. For other copyright issues, see the Intellectual Property and the Arts section of the CAA website.