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
Meryl Marshall-Daniels, Founder and President of
Two Oceans Entertainment Group.
Chief Information Officer, University Librarian, and Dean of the Univesity
Libraries at the Univesrsity of Southern California.
Cofounder and Principal of Heifetz Communication
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
Jeff Cole, Universtiy of California, Los Angeles, faculty,
Cole serves as the Principal Investigator of the UCLA World Internet Project.
Derek Broes, Founder of the Distributed Computing
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 Museums
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
its 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. Its 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.
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."
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
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
A reprint of the book from this Assembly attests to its popularity.
* The Performing Arts and American Society (1977)
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
The first edition of the background volume was widely circulated,
with a thorough revision and expansion published six years later to meet continuing
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 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
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.
+ Arts Disciplines--Mini Assembly
+ Business Models and Technology--Mini Assembly
and Ideals: For-Profit and Not-For-Profit Arts Connections
+ The Arts and Public Purpose
Arts and Government: Questions for the Nineties 1990
+ The Arts and Public Policy in the U.S.
The Future of the Performing Arts 1977
+ Art Museums in America
Affairs and Foreign Relations 1962
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
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
SHARED CONCERNS AND SHARED CREATIVE ASSETS
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
Drive, Suite 456
New York, NY 10115-0456
phone: 212 870 3500/fax: 212
***See (ASMP) American
Society of Media Photographers ***
Free Online - Guidelines and Checklists: Copyright Guide For Photographers
* Part 1 Success is not earned, It’s created - EXAMINING
YOUR WORK ETHIC
#8, October - December 2001
* Part 2 The way we see the world - DEFINING YOUR VISUAL INTEGRITY and
MAKING A COMMITMENT
#9, January - March, 2002
2001 Selina Oppenheim
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