Thought this would be of importance for some on here.

---------- Forwarded message ----------
From: Jessi DiTillio <[email protected]>
Date: Fri, Apr 25, 2014 at 11:04 AM
Subject: [AAMG-L] Fwd: FW: report on copyright and fair use--approved
version
To: [email protected]





Forwarded from CAA:



April 22, 2014



Dear Colleagues,



We are writing to share with you a report recently published by the College
Art Association (CAA) about copyright and fair use in the visual arts.
Based on interviews and a field-wide survey, *Copyright, Permissions, and
Fair Use among Visual Artists and the Academic and Museum Visual Arts
Communities: An Issues Report *was published in February 2014 on CAA’s
website and in a limited number of printed copies. Here is a link to the
report: http://www.collegeart.org/pdf/FairUseIssuesReport.pdf. Please share
this link with your membership.



Jointly researched and written by Patricia Aufderheide, a professor in
American University’s  School of Communication and director of its Center
for Media and Social Impact; Peter Jaszi, professor of law at the American
University Washington College of Law; and graduate fellows Bryan Bello and
Tijana Milosevic, the report summarizes 100 interviews with art historians,
artists, museums curators, editors, and publishers describing issues
related to the use of third-party images in creative and scholarly work.
Their research was further informed by a survey of CAA members on fair use
and a review of relevant literature and case law. Their findings reveal
that art historians, artists, curators and other visual arts professionals
who seek to use third-party copyrighted materials often face significant
challenges in creating and disseminating new work due to the actual and
perceived limitations of copyright.  The authors conclude that these
concerns could be meaningfully addressed by a better understanding of the
scope and application of the doctrine of fair use, which is an exception in
the Copyright Act that, in certain circumstances, authorizes the unlicensed
use of copyrighted material.



The *Issues Report* represents the culmination of the first stage in
developing a code of best practices for the fair use of copyrighted
materials in creative, scholarly, and curatorial work in the visual arts.
It will form the basis for ten discussion groups that will be held in five
cities (Chicago, Dallas, Los Angeles, New York, and Washington, D.C.) over
the coming year to identify areas of consensus among arts
professionals—both holders and users of copyrighted materials—about what
practices seem to constitute fair use. These deliberations will undergird
the development of a code of best practices, which will be reviewed by
CAA’s Committee on Intellectual Property, its Task Force on Fair Use, and a
Legal Advisory Committee. Once finalized, the code of best practices will
be presented to the CAA Board of Directors for approval and will be widely
disseminated.



We hope you find this assessment of current challenges to the field true to
your experiences and useful in its explanation of the sources of confusion
about copyright and fair use. Please feel free to share the report with
your colleagues and/or use it as the basis of discussion about policies
regarding the use of third-party images in your work or at your institution.



CAA will continue to post updates about this project on the CAA website. We
welcome your comments and questions as the project moves forward in the
coming year.





Sincerely,



Anne Collins Goodyear, CAA President and Codirector, Bowdoin College Museum
of Art

Linda Downs, Executive Director and CEO, College Art Association





Lauren Stark

Manager of Programs and Archivist

College Art Association

50 Broadway, 21st Floor

NY, NY 10004

[email protected]

212 392 4405




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