Program

 NEW: Session tapes are available.

College Art Association
Annual Conference, New York City
February 2003

 Three Sessions on

Publishing in the Fine Arts:
Intellectual Property Issues
Academic Publishing for the 21st Century

including a

NINCH/CAA
Copyright Town Meeting

Friday, February 21, and Saturday, February 22, 2003
New York Hilton

Program One
Problems of Publishing for Tenure
in the Arts and Art History
Friday, February 21, 2003
Sponsored by the CAA Publications Committee

CHAIRS:

Catherine Asher, Vice President for Publications, CAA, University of Minnesota, and
Eve Sinaiko, Director of Publications, CAA

Today, the publication of scholarly art books is influenced by many external concerns, including the cost of color reproductions, the difficulty of obtaining picture rights, and new pressures on university presses and tenure committees. What constitutes a tenure book or article in this environment? Where might electronic publications, museum catalogues, or curatorial projects fit in? Is an artist's tenure exhibition equivalent to a book for tenure-review purposes?

SPEAKERS:

Catherine Asher, Vice President for Publications, CAA; University of Minnesota
Katherine Haskins, Yale University Art Library
Beatrice Rehl, Cambridge University Press
Edward Sullivan, New York University
Lindsay Waters, Harvard University Press

RESOURCES:

• Eve Sinaiko: Post from CAAH 10/21/02 on the University Press vs. Independent Press

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Program Two
Clearing Rights and Permissions:
How To, Why To, When To
Saturday, February 22, 2003
Co-Sponsored by the CAA Publications Committee and
the Committee on Intellectual Property

CHAIRS:
Eve Sinaiko, Director of Publications, CAA;
Robert Baron, chair CAA Committee on Intellectual Property

What does an author publishing in the arts today need to know about copyrights and permissions? What does an artist need to know about controlling his or her copyrights? How long does copyright last? What is the difference between public domain and fair use? This practical session -- with time for Q. & A. -- will cover the basics from the viewpoints of the law, the rights-holder, the scholar, the museum, and the publisher.

PARTICIPANTS:

Eve Sinaiko	Director of Publishing, CAA	Resources Presentation
Jeffrey Cunard	Debevoise & Plimpton; CAA Legal Counsel	Resources Presentation
Robert Panzer	Executive Director, Visual Artists and Galleries Association (VAGA)	Resources Presentation
Robert Baron	Chair, Committee on Intellectual Property, CAA	Resources Presentation

RESOURCES:

Robert A. Baron

• Robert Baron. "Summary of the Status of Fair Use Rights."
• Robert Baron, "Remarks on the Challenge to the Sonny Bono Copyright Term Extension Act (Eldred v. Ashcroft) from the Perspective of the Art Historian."
• Copyright Law of the United States of America: Title 17 of the United States Code, Chapter 1 (Subject Matter and Scope of Copyright), Section 107 (Limitations on exclusive rights: Fair Use)
• Copyright Office explanation of Fair Use
• The Creative Commons
• Stephen Fishman. The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More, Nolo Press, Berkeley, CA, 2001.
  Lolly Gasaway. "When Works Pass into the Public Domain."
• Joseph L. Sax. Playing Darts with a Rembrandt: Public and Private Rights in Cultural Treasures, The University of Michigan Press, Ann Arbor, 1999.
• Stephen E. Weil. "Fair Use/Museum Use: How Close is the Overlap?" in Visual Resources, Vol. 12, nos. 3-4, 1997.

Robert Panzer

• VAGA Documents for Publishers Authors and Other Art Users
• VAGA Documents for Artists

PRESENTATIONS:

Jeffrey P. Cunard, "How, Why and When to Clear Copyrights and Permissions" (a PowerPoint presentation)

Robert A. Baron, "Fair Use Challenged."

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Program Three
NYNCH / CAA
Copyright Town Meeting
Rights in Digital Publishing
Saturday, February 22, 2003
Co-Sponsored by the CAA Committee on Intellectual Property and
National Initiative on Networked Cultural Heritage (NINCH),
David Green, Executive Director
Underwritten by a generous grant from Cowan, Liebowitz & Latman, New York

Digital Publishing:
A Practical Guide to the Problem of Intellectual Property Rights in the Electronic Environment, for Artists, Museums, Authors, Publishers, Readers and Users.

The advantages of digital publishing online seem clear to many authors, largely because of the potential for reaching wide and often new audiences. However, owners of images and many publishers are not so sure about the benefits of the move online and some fear losing economic control of their copyrighted material. This Town Meeting will survey the rights challenges of publishing art history and art criticism online. The impact of the TEACH Act (Technology, Education and Copyright Harmonization Act) on digital publishing will also be discussed as Distance Education products fit well within the spectrum that includes both traditional publishing and class-room teaching. This NINCH Copyright Town Meeting brings together authors, publishers, museum administrators, legal counsel, and culture and media historians to discuss their experiences and provide their advice for moving forward. As with all NINCH Copyright Town Meetings, the audience is encouraged to participate and ample time is reserved for that purpose.

Program | Speaker Biographies | Statements | Resources | Papers

WELCOMING REMARKS

Welcome	Robert A. Baron	chair, CAA Committee on Intellectual Property
NINCH Town Meeting Series in Perspective	David Green	Executive Director, NINCH
Introduction	Robert Clarida	Partner, Cowan, Liebowitz & Latman

 Program | Speaker Biographies | Statements | Resources | Papers

Program | Speaker Biographies | Statements | Resources | Papers

Permission Denied - What Next?

When a scholar or publisher’s request to access historical or pictorial resources is denied or their use prohibited, what recourses and strategies are available as a remedy? What is the significance of these actions for the practice of scholarship?

Permission Denied… Questions Desperately Seeking Answers	Christine Sundt	Visual Resources Collection, University of Oregon | Copyright & Art Issues
[Paper to be posted soon]	Siva Vaidhyanathan	Department of Culture and Communication, New York University | Siva's Weblog

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The TEACH Act: the relevance of the TEACH Act to e-publishing.

The TEACH Act defines how intellectual property may be used in the course of distance education. What significance does this upcoming legislation have for the advent of electronic publishing in the university?

The TEACH Act: Its Meaning for the World of Publishing

Kenneth Crews

Professor of Law, Indiana University and Director of Indiana University Copyright Management Center

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Program | Speaker Biographies | Statements | Resources | Papers

SPEAKER STATEMENTS

Peter Trippi & Petra ten-Doesschate Chu

Managing Editor Petra Chu will summarize the development and evolution of Nineteenth-Century Art Worldwide and highlight issues that arise when starting an e-journal. She will focus on one specific aspect of the rights issue as it relates to e-journals, namely the copyrighting of the text. Who owns it--the journal or the author? How does one secure it? Executive Editor Peter Trippi will expand on the challenges facing Nineteenth-Century Art Worldwide by focusing on how the editors have assisted authors in securing permissions for illustrations. Why are usage fees so high, why can some be negotiated downward and others not, and why are so many image owners still surprised when asked for a digital scan (rather than a transparency)?

Program | Speaker Biographies | Statements | Resources | Papers

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RESOURCES

(Refer also to Resources listed on NINCH Resource Page.)

General | Crews | Trippi & Chu | Vaidhyanathan

General Resources:

• Scholarly Electronic Publishing Bibliography, by Charles W. Bailey, Jr.
• Art, Technology & Intellectual Property. New York: The American Assembly, 2002
• The Digital Dilemma: Intellectual Property in the Information Age. Washington, DC, 2000
• Tadic, Linda. "Intellectual Property In the Digital Environment – Rights Clearance." Keynote at NINCH Copyright Town Meeting, Intellectual Property & Multimedia in the Digital Age, New York Public Library, September 24, 2001. See the report on this paper. (Updated Version of paper in MSWord)
• U.S. Copyright Office, http://lcweb.loc.gov/copyright/
• http://www.earlham.edu/~peters/writing/acrl.htm
  As described in Current Cites: Suber, Peter. "Removing Barriers to Research: An Introduction to Open Access for Librarians" College & Research Library News 64(1) p. 92-94, 113 (February 2003) (http://www.earlham.edu/~peters/writing/acrl.htm). - Suber is well known as a vocal and articulate advocate of open access to scholarly journal literature. His [56]Free Online Scholarship Newsletter and accompanying web site are key resources for those working to remove the barriers of high prices and over-restrictive copyright control that increasingly prevent scholars from accessing the literature that they require. In this blunt and direct article, Suber touches on the serials pricing crisis and quickly moves on to a crisis he terms the "permission crisis." The permission crisis is caused, he asserts, by legal and technological barriers erected by publishers to limit what readers and libraries may do with the journals for which they have paid. These limits, he points out, are more stringent than those for print journals. He then makes the case for open access to scholarly journal literature, taking some pains to make clear to the reader that he is not advocating changes in copyright law, civil disobedience, or other actions that may be time consuming or problematic. Rather, he favors the direct route of scholars and libraries cooperating to create open repositories (mainly for pre-peer-reviewed or non-peer-reviewed scholarship) and open peer-reviewed journals. To many of us, Suber is preaching to the choir. But by writing this piece he has put in our hands a compelling argument with which to persuade those who may either not understand the current crises in scholarly communication, or care.
• Christine Sundt's Copyright Resource Page A highly useful and current summary of IP meetings, symposia, papers, guidelines and advocacy documents about the visual arts and copyright.

Kenneth Crews

• New Copyright Law for Distance Education: The Meaning and Importance of the TEACH Act"
  Available at: http://www.ala.org/washoff/teach.html
• North Carolina State University, "The TEACH Toolkit"
  Available at: http://www.lib.ncsu.edu/scc/legislative/teachkit/
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• Copyright Management Center -- Indiana University, Purdue University, Indianapolis:
  Overview of Copyright and Distance Education

Peter Trippi & Petra ten-Doesschate Chu

• http://www.mercynet.edu/libraries/Copyright%20ejournals.htm

• http://pr.caltech.edu/periodicals/EandS/articles/E%20journals/ejournals3.html

• http://lcweb.loc.gov/copyright/

• http://www.library.uthscsa.edu/internet/copyright.cfm

• http://www.amico.org/use/reproRequest.html

• Art, Technology & Intellectual Property (Proceedings of the 100th American Assembly, February 2002)
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Siva Vaidhyanathan

• Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity (New York: New York University Press, 2001

• Eldred v. Ashcroft

• Freedom to Tinker Weblog by Edward Felten

Program | Speaker Biographies | Statements | Resources | Papers

TOWN MEETING PAPERS:

Robert A. Baron: Welcome
Jeffery P. Cunard: Getting an Art Journal Online: J-STOR & The Art Bulletin
Kenneth Crews: The TEACH Act: the relevance of the TEACH Act to e-publishing.

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[version: 2/26/03]

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