Putting the Fair Use Code to Work: Case Studies from Year One
Friday, February 5, 2016 Committee on Intellectual Property
104th Annual Conference, College Art Association, Marriott Wardman Park, Delaware Suite B, Washington, DC
Under my capacity as managing editor for the College Art Association, I live-tweeted a session at the 2016 CAA Annual Conference in Washington, DC. It was the first time I had attempted to write about an event as it was taking place. Sponsored by CAA’s Committee on Intellectual Property, the session addressed how the organization’s Code of Best Practices in Fair Use for the Visual Arts, published in February 2015, has been used by artists, publishers, and museum administrators.
The names of the speakers, their affiliations, and the titles of their presentations were:
Betty Leigh Hutcheson, Director of Publications, College Art Association, “Contract Changes at CAA”
Patricia J. Fidler, Publisher, Art and Architecture, Yale University Press, “New Fair Use Guidelines for Art and Architecture Books at Yale University Press”
Rebekah Modrak, Associate Professor, Stamps School of Art and Design, University of Michigan, “Re-Made Co.: Meeting Legal and Publishing Challenges with Help from CAA’s Code”
Joseph N. Newland, Director of Publishing, Menil Collection, Houston, “One Museum’s Fair Use Policy: Adapting CAA Guidelines for Internal Criteria”
Susan Higman Larsen, Director of Publishing and Collections Information, Detroit Institute of Arts, “Second Time Around: Remembering to Bring Fair Use into Play”
Patricia Aufderheide, University Professor, School of Communication, American University, “Looking Both Ways: Reviewing Year One and Projections for Year Two”
Peter Jaszi, Professor, Washington College of Law, American University, “Looking Both Ways: Reviewing Year One and Projections for Year Two”
The live tweets follow, in chronological order.
"Putting the Fair Use Code to Work: Case Studies from Year One" begins! #CAA2016#CAAfairuse
This week the College Art Association is holding its 104th Annual Conference in Washington, DC. In recognition of the event, In Terms Of is republishing four reviews of sessions from CAA’s 1979 conference, which also took place in the nation’s capital, on topics still relevant to the art world today.
Recurring Regionalism: The Southern Rim
Friday, February 2, 1979
67th Annual Conference, College Art Association, Washington Hilton Hotel, Monroe Room, Washington, DC
Moderator: William R. Dunlap
Panelists: John Alexander, John Canaday, William Christenberry, Larry Edwards, Jim Roche, and James Surls
Cynthia Navaretta, “Good Ol’ Boys of the Southern Rim” Women Artists News 5, no. 1 (May 1979): 11
John Canaday, for those of you too young to remember, used to be senior art critic on the New York Times, and hence, some felt, the most powerful art critic in the country. I remember a Sunday column of his about a woman in the art department of Appalachian [State] University who had put together an exhibition so fine that he praised it unstintingly. This was particularly impressive to a New Yorker because at the time the very name of the university conjured up an isolated pocket of insularity where it was hardly expected art would be taught, let alone exhibited—and abstract art at that. Canaday’s Appalachian connection appeared again at College Art [Association], as we saw him on the panel, “Recurring Regionalism: The Southern Rim.” (The title came from an earlier conference of the same name.)
Moderator William R. Dunlap of Appalachian [State] University acted like a suave cosmopolitan—that is, until he exhibited all the worst characteristics the rest of the country might attribute to New Yorkers. He was rude, egotistical, insulting, arrogant, uncaring, and crude. He also made a great show of swilling bourbon from a prominently displayed bottle. Typical of this Southern gentleman’s behavior was his reply to Elsa Fine’s question from the floor about the absence of women, or even one good ol’ girl, on the panel with the good ol’ boys. It was OK, Dunlap said, because there were two homosexuals on the panel.
Having arrived late, I missed the opening presentation of slides, but I was in time to hear John Alexander entertain the audience with anecdotes from the past year which he had spent traveling the country in the role of famous artist, accepting recognition and success. He declared himself on the side of minority artists (Chicanos) but definitely against New York lady art critics with briefcases. (One had spent no more than three minutes scanning his show before writing a several-page magazine article.) He was bemused by Lions Club audiences who, in Lions Club tradition, roared approval of his witticisms rather than applauding. His other adventures ranged the country both sociologically and geographically. Alexander enchanted the CAA audience in general, the women less so.
James Surls, apparently the only member of the panel concerned with human values, was generous in crediting the Dallas Women’s Co-op with opening up the art scene there. They did all the work, he said—politicking, letter writing, and the rest—that made it possible to exhibit art in Dallas outside the museum. He said he himself “rode in on the coat tails.”
Discussion continued as, by and large, a series of rambling non sequiturs. Members of the audience seemed to feel compelled to make statements themselves, like at a revival meeting, and their random statements, usually irrelevant to the discussion, prompted other remotely connected observations. One item surfacing in this manner was the moderator’s statement that New York had “closed down for young artists.” He attributed that to Marcia Tucker’s departure from the Whitney. (Maybe it was the bourbon.)
This profundity was followed by an editor of Art Voices South—an expensively glossy magazine dedicated to praise of Southern artists—who got to his feet in the audience to say that the magazine covers twenty-two Southern states and is trying to attract an audience not accustomed to going to galleries. The panel responded very warmly to this and the subject of regional art came up—whether the South was producing any, whether any Southern state had ever produced any. Washington, DC, got some credit here, specifically the Washington Color School, but that was quickly dismissed by a panelist—Canaday perhaps—as a “suburban” expression of New York Abstract Expressionism.
Well, things just moved along. Soon Alexander spoke in recognition of the people of Iran—he felt they should be honored for “standing up and getting rid of a cancerous tyrant.” (This was the week of street riots in Iran.) Dunlap even managed an insulting joke on the subject. Then Margaret Gorove, chairperson of the art department at the University of Mississippi—and former teacher of moderator Dunlap—got to her feet to say, first, that a proper grad of Ole Miss would have kept the bottle in a paper bag, and second, to describe the very real problems of women artists in the South. She pointed out that, as is well known, women do well in blind-juried shows but aren’t included in invitationals, not having had the exposure or experience.
Moderator Dunlap’s response to this serious and impassioned statement was, “Let me say, I love your hair, and the color of your dress.” Gorove, resigned, even gentle, replied, “You haven’t changed a bit.” Dunlap then felt it necessary to go on record with, “I make no apology for the sexual make-up of this panel.”
Alexander added quickly that he himself is concerned with the problems of women artists and is aware of prejudice against them and minorities. But, he claimed, the previous night’s panel. “Modern Art and Economics,” had been “all big names, all men, and no one brought the issue up there.” Aggrieved at what he saw as discrimination against the Southern panel, Alexander wanted to pursue the topic. “I recommend we continue and go for the throat” (which throat he didn’t say).
Surls mentioned that, having found the Contemporary Art Museum in Houston without a director, curator, or scheduled exhibition, he had grabbed the free slot to do a show of one hundred Texas artists (Fire!). He may have intended to say women as well as men were included, but never got to it, because next came Robert Pincus-Witten from the audience.
Bitingly sarcastic about Art Voices South’s self-congratulatory tone and self-serving ways, Pincus-Witten said that “without a critical voice for the Southern Rim you’ll be back on this panel continuing this conversation for the rest of your lives.” Only the development of a critical voice can bring Southern artists recognition from the rest of the country, he said.
Canaday didn’t see it that way. “American art would have been better off without all the known critics,” said the former known critic. He quoted from an essay by Harold Rosenberg: “Artists are faced with a wall of opinion—a formulated taste dictating the direction of art.” Canaday advised us that “what is really needed is a buying public for the arts.” (An exemplary opinion, certainly.)
Next it was Irving Sandler’s turn. Sandler said from the audience that there was “more energy, more wit in this panel” than any he had heard in New York. That seemed like a good time to leave.
In Terms Of count: unknown.
Source
Written by Cynthia Navaretta, “Good Ol’ Boys of the Appalachian Connection” was originally published in Women Artists News 5, no. 1 (May 1979): 11; and reprinted in Judy Seigel, ed., Mutiny and the Mainstream: Talk That Changed Art, 1975–1990 (New York: Midmarch Arts Press, 1992), 120–21. In Terms Of thanks Midmarch Arts Press for permission to republish this review.
This week the College Art Association is holding its 104th Annual Conference in Washington, DC. In recognition of the event, In Terms Of is republishing four reviews of sessions from CAA’s 1979 conference, which also took place in the nation’s capital, on topics still relevant to the art world today.
Moderators: Martha Rosler and Allan Sekula Panelists: Mel Rosenthal, Suzanne Lacy, and Fred Lonidier
Leslie Satin, “Artists and Community in the Context of Social Change,” Women Artists News 4, no. 9 (March 1979): 8
Because the Caucus [for Marxism and Art] had been granted a very brief time slot, only three artists were scheduled to speak, each to discuss her/his work in the context of social change. Martha Rosler noted in her introduction that each of them dealt with violence—physical or social. Later she addressed the need of political artists to gain control of language, to move away from the media definition of “violence.”
Photographer Mel Rosenthal described his discomfort when audiences skim over the political content of his photographs, responding only to the form of the work. In his photographs of the South Bronx he has insisted, not only on political meanings of the subject, but on the relationship between the art and the subject—the people of the area. His original idea was to make portraits of everyone living on the street where he works at a health center. It became apparent that many of these people, with whom Rosenthal became very involved over the course of a year, had never seen accurate photos of themselves. The photographs show them as real people in real poverty—not just another burned-out South Bronx scene from media.
Suzanne Lacy presented material she’d covered in a previous panel on performance and environmental art from a somewhat different perspective. She and Leslie Labowitz cofounded Ariadne to work against violence against women.1 Discussing several projects on rape, murder, and violence in the record industry, Lacy explained their approach, which involves, not just getting the personal cooperation of local government officials and journalists, but actually setting up performances and exhibits for media. This follows Ariadne’s analysis of the role played by media in preventing or allowing political change.
Fred Lonidier spoke about reaching a labor-union audience. Believing that the structure of the workplace must be changed to affect occupational health problems in a major way, he created an exhibit of photographs showing results of work-related diseases and added a text giving the historical context. The exhibit did attract many union members. At the panel, he spoke of the difficulties of reaching such “nonart” audiences.
When our time in the Lincoln Room ran out, we were in mid-discussion, but discovered another spot available unofficially. Perhaps forty of us sat in a circle there and continued to talk and talk about the role media play for the political artist, the difference between performance art and political activism (is Phyllis Schlafly a performance artist?), political art as a process of self-identification, definitions of “cultural worker,” the exhibit of shopping bag ladies’ art at the Met[ropolitan Museum of Art] organized by Ann Marie Rousseau.
In Terms Of count: unknown.
1 Ariadne, a California woman’s network, produced public art on political issues from 1977 to 1980.
This week the College Art Association is holding its 104th Annual Conference in Washington, DC. In recognition of the event, In Terms Of is republishing four reviews of sessions from CAA’s 1979 conference, which also took place in the nation’s capital, on topics still relevant to the art world today.
Folk Art and Neo-Folk Art
Tuesday, January 30, 1979
Women’s Caucus for Art Conference, Embassy Row Hotel, Washington, DC
The topic of folk art appears on a College Art [Association] panel, apparently for the first time. Original research provides a scholarly framework for talk that also pieces in craft, feminism, history, decoration—and “femmage.”
Moderator: Judith Stein, University of Pennsylvania
Panelists: Betty MacDowell, Michigan State University; Rachel Maines, Center for the History of American Needlework, Pittsburgh; Pat Ferraro, San Francisco State University; Miriam Schapiro, Amherst College; and Melissa Meyer, New York City
Barbara Aubin, “Folk Art and Neo-Folk Art” Women Artists News 4, no. 9 (March 1979): 12
“Folk Art and Neo-Folk Art” was both exhilarating and illuminating. Panelists touched on important points of original research, while much new territory was explored. However, a cloud of doubt may still linger as to where and when folk art and naïveté give way to professionalism. Betty MacDowell and Rachel Maines asserted that training is the key, but their fellow panelists freely interspersed untrained artists’ work without distinctions. One was left to make one’s own deductions.
In her introduction, Judith Stein said folk art was “discovered” in the 1920s, but that this panel was the first on the topic for either College Art or the Women’s Caucus [for Art]. She suggested this might be because art historians have trouble dealing with folk art as art. Now feminism makes us aware that women have long studied, collected, and documented (primarily for themselves and their families) artifacts and objects of folk art by other women. Then again, much of this art is made with relatively cheap materials and/or discards, so perhaps art historians really had difficulty understanding and appraising it. Now there appears to be a growing revolution in taste allowing us to begin, at last, to evaluate and document the work.
Betty MacDowell, whose new book is Artists and Aprons, pointed out that eighteenth- and nineteenth-century women’s folk art was shaped by American culture. Rigid roles in marriage and parenthood meant that women’s lives were filled with domestic responsibility. Their education stressed needlework, penmanship, and watercolor, along with the “social graces.” Entering the “fine” arts was discouraged for women, who were not allowed to study the live male nude, so they channeled their creativity into the domestic scene. Portraiture was popular, because familiar and available faces of family and friends could be done quickly in pastels or watercolors, between chores. Women also took the scissors of domesticity to cut paper profiles. MacDowell said repeatedly that the art had to fit into accepted patterns of a woman’s life; it rarely even approached a full-time activity.
By the mid-1800s, with the advent of the camera, demand for portraits by self-taught artists lessened. People preferred the likeness of photographs for recording friends and family, and the naïve artist began to disappear.
Rachel Maines, author of “The Designer and Artisan: The Ancient Contract,” traced these professional relationships. Little has been written about the division of labor between the creator of an idea and the maker-constructor, a division that in Europe and America may be made according to class and sex, with the designer reigning over the technician. Mechanization of textile-making reduced the artisan’s role to mere machine tender and began the producer-consumer division.
In early times, embroiderers often had a higher status. In wealthy households, the designer was part of the staff and devised patterns for linens, curtains, rugs, and furniture, besides intricate details of clothing. Folk embroidery, however, borrowed and combined motifs freely from many sources. Samplers, the work of students learning stitchery, held even more incongruities.
The earliest commercial needlepoint used hand-painted charts. Later they were printed, when thread and yarn manufacturers hired women to draft patterns derived from popular magazines and pamphlets. After 1870, charts were available for beadwork, filet lace, crochet, and counted cross-stitch. Various forms of these are still available in the hobby or home craft market, but needle workers and textile artisans often want concept and design wed together.
Pat Ferrero … traced the life transitions of women folk artists through their quilts. Baby quilts could be utilitarian or elaborate or both. Quilting skills were passed from generation to generation, women teaching young children. The engagement party was often the occasion for quilting, while the “masterpiece” was usually the wedding quilt—carefully conceived and painstakingly rendered during the engagement. The widow’s quilt drew on a rich store of memories. Ferrero showed a quilt made from a Victorian mourning coat which had been opened up to become ground for both quilting and embroidery. A coffin in the center was surrounded by vignettes of the quilter’s life.
Several of Ferrero’s slides showed Grace Earl, a transplanted Chicagoan now working in San Francisco, with an incredible array of patterned fabrics which she pieces into intricate coverlets of exquisite skill and conception in her crowded one-room apartment. (Ferrero has also made a film on Earl.)
Mimi Schapiro and Melissa Meyer distributed a document to the audience with their definitions of collage, assemblage, découpage, and photomontage as background for their jointly coined phrase, “femmage.” Their premise is that “leftovers” are essential to a woman’s experience. Schapiro pointed out that most of the classic written works on collage refer to male artists. She and Meyer developed “femmage” to mean the form made solely by women.
Meyer and Schapiro listed several criteria for “femmage” but were careful to state that not every one need appear in each object. But for the work to be “appreciated” as “femmage” at least half the criteria must be met. These include being made by a woman, recycling of scraps, saving and collecting, themes related to life contexts, covert imagery, diaristic nature, celebration of private or public events, expectation of an intimate audience, drawing or handwriting “sewn” in, silhouetted images fixed on other material, inclusion of photographs or printed matter, recognizable images in narrative sequence, abstract pattern elements, and the possibility of a functional, as well as an aesthetic, life for the work.
