Using Fair Use
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
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Betty Leigh Hutcheson, CAA director of publications, says CAA changed journal contracts, asking authors to read code #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
#CAA2016 #CAAfairuse pic.twitter.com/9CaVPAkS2P
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Author of forthcoming article in #ArtJournalOpen used CAA's fair-use code #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Staffer at @YaleBooks was inundated with calls from authors after the code was published a year ago #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Addendum to standard author guidelines at @YaleBooks preps authors for fair use #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Artist Rebekah Modrak of @UMich fought a cease and desist letter for an artwork with help from CAA's code #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Hilarious technical difficulties at the fair-use panel #CAA2016 #CAAfairuse pic.twitter.com/GAmP19qzV8
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Best Made Co versus Remade Co #CAA2016 #CAAfairuse pic.twitter.com/7tZfzz14Bk
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Rebekah Modrak found that getting a cease and desist letter is a "chilling effect," not a "badge of honor" #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Rebekah Modrak was initially told by @routledge_art she needed to own copyright for images before journal publication #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Joseph Newland of @MenilCollection crafted an internal document for images, fair use, and public domain #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Joseph Newland of the @MenilCollection #CAA2016 #CAAfairuse pic.twitter.com/NCxIZ7BWgy
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Worker from @DIADetroit tells story about reproducing image of artwork, before and after artist died #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Recent CAA survey results from @paufder about the fair-use code #CAA2016 #CAAfairuse pic.twitter.com/AFx9qkSoWF
— CAA Advancing Art & Design (@caavisual) February 5, 2016
80 percent of survey respondents claim fair use in their work, says @paufder #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Attorney Peter Jaszi is celebrating national fair-use work early this year #CAA2016 #CAAfairuse pic.twitter.com/1e80qnCdlh
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Peter Jaszi will work to bust the myth that separates fair use and filthy lucre in the next year #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Peter Jaszi says biggest change effected by fair-use code over last year is in publishing world. Museums, you're next! #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Audience member asks about artists' rights and companies like @ARSNewYork. Peter Jaszi advocates finding common ground #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Peter Jaszi says we all have the fair-use muscle and need to exercise it more #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Representative from artist legacy foundation says she works with both scholars and agencies like @ARSNewYork #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Question about videos documenting artworks answered by @paufder, who suggests reading code for documentary filmmakers #CAA2016 #CAAfairuse
— CAA Advancing Art & Design (@caavisual) February 5, 2016
Online journal editor from UK wants an international conversation on fair dealing #CAA2016 #CAAfairuse pic.twitter.com/zwjkwbUjwV
— CAA Advancing Art & Design (@caavisual) February 5, 2016
The panelists agree the conversation is ongoing, and are excited about it #CAA2016 #CAAfairuse pic.twitter.com/MCx8zKLyLE
— CAA Advancing Art & Design (@caavisual) February 5, 2016
In Terms Of count: unknown (I did not keep track).
Read
Janet Landay, “CAA Celebrates Fair Use Week,” College Art Association, February 22, 2016.
Mayra Linares, “Fair Use Successes in the Visual Arts at #CAA2016,” Center for Media and Social Impact, February 5, 2016.