Art, Technology, and Intellectual Property:
First Assembly of the American Assembly
J. Paul Getty Museum
Building a California Community
Stakeholders and Technology Impacts

The Getty Center, Los Angeles - June 28, 2002 - uploaded October 2002

Panel 1 - The Stakeholdaer Continuum
Moderated by:
Meryl Marshall-Daniels, Founder and President of Two Oceans Entertainment Group.
Panelists:
Jerry Campbell, Chief Information Officer, University Librarian, and Dean of the Univesity Libraries at the Univesrsity of Southern California.
Jay Heifetz, Cofounder and Principal of Heifetz Communication
Ken Robinson, Senior Advisor to the President for Education, the J. Paul Getty Trust
Scott Ross, Chairman and CEO of Digital Domain, Inc.

Panel 2 - Technology is Creating, Distributing and Accessing Art
Moderated by:
Jeff Cole, Universtiy of California, Los Angeles, faculty, Cole serves as the Principal Investigator of the UCLA World Internet Project.
Panelists:
Derek Broes, Founder of the Distributed Computing Standards Coalition.
Sandra Ruch, Executive Director of the International Documentary Associaton.
Patrice Rushen, Alumna of the Colburn School of Performing Arts.
Scott Siegler, Founded Tri-Star Television, and was later apponted President of Columbia Pictures Television


A personal view...by Jean Ferro, Photo Artist and President, Women In Photography International

I had the wonderful opportunity to attend the first assembly of the American Assembly. The J. Paul Getty Museum’s audience was full of the most talented arts educators, non-profit directors, and artists from the Los Angeles Community.
One of the most important aspects of the creation of art is the final outcome, and preserving the art work. Sometimes it’s more exciting to just create and much more of a stumbling block to protect and preserve the art work. So, how it is handled, viewed, protected and how the artist is abel to preserve their identity with his/her art for generations to come becomes very important issue. The first step is to be equipped with knowledge to support this goal.

The panel,..... brought forth ideas, questions and suggested solutions. Perhaps, opening the dialog and only scratching the surface of this new advent of technology and the transitions we all face while travelling on the infrastructure of the super highway of communication. As simple as it was for me to download all this information from the Assembly website, (which they encouraged), it is that simple to digest any artwork that is available on the internet. Drag and Click and it's yours! What do we do? How do we protect our work? What programs, alternatives, exchanges exists. Is your work registered with the copyright office? What path would you follow to find out if it's being used without your permission. Do you know your rights? Do you make clear to your clients the rights granted? Do you include a copyright notice with the sale of your work? Is your work protected in the USA, Worldwide?

There is no one answer, and there are constant changes and possible solutions that need to be addressed at each turn in the road. It’s never too late to start to take steps to maintain that security. A fine example and one of the most successful artists who understood how to preserve and secure a place for his art and name was Andy Warhol...

Please read the information below and visit the links that we have provided to educate you and your right to be educated in art.


http://www.americanassembly.org/

“The Assembly has a distinguished history of examining issues of arts & culture”
 
The American Assembly, an affiliate of Columbia University, was founded by USA President Dwight D. Eisenhower in 1950 "to illuminate issues of public policy."

The American Assembly's commitment to issues involving arts and culture goes back to its founding. Dwight D. Eisenhower envisioned The Assembly as a nonpartisan setting for people with divergent interests, points of view, backgrounds, and perspectives, but all with an interest in a single issue, to come together and find out what they share, what they agree on, and how they can work together. Fifty years later, Ike's creation remains fresh in spite of how modern American Assemblies contain more points of view and many more issues that matter profoundly to the American polity. Nowhere is this more evident than in the arts and culture sector of our society. Through structured discussions, commissioned research, meetings, and publications, The American Assembly conferences provide a singular venue for examining and shaping the formulation of sustainable public policy for the arts and culture sector and for developing the kinds of responsible recommendations that this nation requires. A recent Assembly project was hailed as "identifying a paradigm shift in how the arts are viewed by society."
Projects undertaken by The Assembly include:

* Art, Technology, and Intellectual Property (2001 and 2002)
This project is described in detail on this webspace.


* Deals and Ideals: For-Profit and Not-For-Profit Connections (1998 and 1999)
The report from "The Arts and the Public Purpose" meeting identified, to quote a senior foundation executive, a "paradigm shift on how the arts are viewed by society," and the "Deals and Ideals" report focused on the increasingly crucial relationship between the for-profit and not-for-profit parts of the arts sector. Both reports were referenced by numerous organizations, including the largest and most influential arts service and membership organizations for their annual meetings. The "Deals and Ideals" project continues--ARTS Inc. held a conference in June 2001 using the Assembly report as the basis of the meeting.


* The Arts and the Public Purpose (1997)
The background papers commissioned for the initial project have been published by Rutgers University Press as The Public Life of the Arts in America.


* The Arts and Government (1990)
The Assembly sponsored a series of meetings in communities around the country, the results of which inform the Arden House Assembly on government funding and the arts, and led to the publication of a book, Public Money and the Muse, which today continues to be a standard text in arts study.


* The Arts and Public Policy in the United States (1984)
A reprint of the book from this Assembly attests to its popularity.


* The Performing Arts and American Society (1977)
Four subsequent regional Assemblies followed the Arden House meeting, encompassing the South, mid-America, the Great Lakes region, and the Northeast. This background volume has also been reprinted by The Assembly and remains available.


* On Understanding Art Museums (1974)
This Arden House meeting was followed by an international Assembly on art museums at Ditchley Park in England. The background volume, commissioned by The Assembly, has been reprinted three times and is still available from The Assembly.


* Cultural Affairs and Foreign Relations (1962)
The first edition of the background volume was widely circulated, with a thorough revision and expansion published six years later to meet continuing demand.



------------------------------------------------------------------------
OVERVIEW

The national Assembly meeting on "Art, Technology, and Intellectual Property" will address how the arts are not participating fully in the nation's shift to an information society and to a global economy where intellectual property is a key resource in this new society and economy. This will be one of the first national efforts by a nonpartisan, public policy institution to address the impacts, challenges, and opportunities resulting from technological advances that are confronting the arts as a discrete sector of society. Building on the work of the two mini-Assemblies as well as prior research, and informed by commissioned background papers, The Assembly will convene an intensive three-day national meeting of seventy participants representing the combined thinking and experience of the arts constituencies, leading technology experts, and the nation's foremost intellectual property authorities. These stakeholders and policy makers will undertake a thorough examination of the key public policy issues and practices related to the arts, technology, and intellectual property in America.

Representatives of the arts disciplines and constituencies will express their views and interact with legal authorities and technology experts to develop recommendations across disciplines that will deepen and enrich this ongoing public policy process. The participants will examine (1) how policies and traditional legal doctrines are being adapted in the information age, (2) their likely impact on the arts and on existing and new business models deployed by the arts, and (3) ways in which the traditional policies and legal doctrines should be modified to appropriately accommodate the public interest in the arts. The participants will explore the implications of such legal issues as: fair use, the public domain, access to creative works, and the enforcement of intellectual property laws as they relate to the arts. They will also examine concerns surrounding preservation, and, finally, the global dimensions of the impact of technology and intellectual property on the arts.

The American Assembly has commissioned two books that will initially inform the participants. Michael Shapiro's book will focus on the impact of technology on the "cultural bargain," that arrangement between the state and the individual creator for the benefit of the public. Margaret J. Wyszomirski's book will draw on existing work and will commission several studies relating to relevant business models. As with all Assembly volumes, both books will be published commercially for distribution to the public.

The participants will issue a printed report of findings and policy recommendations to inform the arts, technology, legal, and business communities, as well as The Assembly's traditional constituents of public and private sector leaders, institutions, and interested citizens. The report will also be available on this website along with the report from the two mini-Assemblies. Much of the commissioned research for the project will also be made available. The Assembly will use new technologies to circulate the findings and recommendations emerging from this project.
(please see website for results of this meeting)

------------------------------------------------------------------------
THE CULTURAL BARGAIN:
ARTS, COPYRIGHT AND THE PUBLIC INTEREST
Michael S. Shapiro
Need
The arts are flourishing in America, but there is a growing crisis in confidence regarding U.S. copyright law's historic role in fostering creativity, rewarding authors, and benefiting the public. Individual creators are worried that the copyright system may no longer be able to ensure their livelihood as creative works are readily copied and distributed over the Internet. Some authors and artists are concerned that creative production will decline or end entirely if copyright's bundle of rights continues to expand, fair use and other limitations on rights further contracts, and creative works are placed under technological lock and key.
+ ATIP--National Assembly
+ ATIP--Project
+ Arts Disciplines--Mini Assembly
+ Business Models and Technology--Mini Assembly
 

+ Deals and Ideals: For-Profit and Not-For-Profit Arts Connections 1998
+ The Arts and Public Purpose 1997
+ The Arts and Government: Questions for the Nineties 1990
+ The Arts and Public Policy in the U.S. 1984
+ The Future of the Performing Arts 1977
+ Art Museums in America 1974
+ Cultural Affairs and Foreign Relations 1962

------------------------------------------------------------------------
PROJECT INTRODUCTION
 
EMBRACING A CLIMATE OF TECHNOLOGICAL TRANSFORMATION
In the new millennium, an industrialized society, a manufacturing and service-based economy, and a Cold War-driven international relations system have given way to an information society and global economy in which intellectual property is a key resource. Much has been written and thought and predicted about the technological developments that are driving this transformation. Various sectors of American society, including business, communications, government, entertainment, science, medicine, and education are racing to accommodate these changes and to anticipate their consequences. However, the nonprofit part of the arts and culture sector, although it encompasses significant technological resources and content, is seldom more than an afterthought in this transformation or in discussions of intellectual property, of the national information infrastructure, or of the increasingly technological global economy.

INNOVATION AS A CATALYST FOR CONTENT AND ECONOMICS
The arts and cultural sector has great potential to prompt further technological innovations, to provide meaningful content as well as economic assets through technology, and to disseminate creative and intellectual products. None of this can be appropriately achieved without the close examination of intellectual property issues.

SHARED CONCERNS AND SHARED CREATIVE ASSETS
Attention to this subject by nonprofits has been piecemeal and scattered within the existing legal, technological, and policy frameworks. Though individual cultural organizations, some discipline and trade organizations, as well as ad hoc groups have taken up specific issues, these have been relatively isolated from each other, reactive to external developments, and unguided by a sectoral vision of the place and function of the arts and culture in an information society or a technologically driven economy. In contrast, various for-profit cultural industries have actively pursued their intellectual property interests and technological opportunities. Certainly, both the not-for-profit and the for-profit parts of the arts and cultural sector share concerns about issues at the intersection of art, technology, and intellectual property, but they often bring different perspectives, priorities, interests, values, and resources to bear in policy debates and development deals. Understanding both common causes and varying interests is essential to the wise and productive development of America's creative assets in the twenty-first century.
 
The American Assembly
475 Riverside Drive, Suite 456
New York, NY 10115-0456
phone: 212 870 3500/fax: 212 870 3555
http://www.americanassembly.org/ac/

Also visit

***See (ASMP) American Society of Media Photographers ***
Free Online - Guidelines and Checklists: Copyright Guide For Photographers

* Part 2 The way we see the world - DEFINING YOUR VISUAL INTEGRITY and MAKING A COMMITMENT
ARCHIVE #9, January - March, 2002

© 2001 Selina Oppenheim

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