NEA Granted a Reprieve; Arts Advocates Gear Up for the Longer Fight
Posted by Rebecca Blake on May 12, 2017
Arts advocates were appalled when the budget proposed by the Trump transition team called for eliminating the National Endowment for the Arts, along with steep cuts to other cultural and social programs. On April 30th, Congressional leaders came to a bipartisan agreement to fund the government through September. The House Appropriations Committee FY 2017 Omnibus Summary lists a full $150 million each to the NEA and to the National Endowment for the Humanities, an increase of $2 million. In an email to the Los Angeles Times, an NEA spokesperson wrote that the funding increase matched a request made by the agency in February 2016.
While the news is a welcome reprieve, arts advocates are not breathing easy – the administration has proposed defunding the NEA entirely in 2018. Americans for the Arts has orchestrated a comprehensive campaign: they've been conducting an online petition through their Action Center, their Arts Mobilization Center publishes updates on federal funding for the arts, and they’ve conducted a print ad campaign, “The Arts Put America to Work,” which highlights the 4.8 million Americans employed in the arts.
That last statistic that is supported by data. In April, the NEA released the results of a study conducted with the Bureau of Economic Analysis. The study showed that total arts and cultural industries in the United States employ 4,802,813 individuals at a compensation of $355 billion. Of that amount, core arts and cultural industries (“originators of ideas and content associated with the creation of arts and culture”) employ 950,997, at a compensation of $68 billion. The study results are posted online with an interactive map which permits viewers to see the economic contribution of the arts state-by-state.
Below: Clicking onto each state on the interactive map on the NASAA website pulls up data for that state.
The Guild Supports S.1010, “The Register of Copyrights Selection and Accountability Act”
Posted by Advocacy Liaison on May 05, 2017
The Graphic Artists Guild applauds the introduction of “The Register of Copyrights Selection and Accountability Act” into the Senate as S.1010 on May 2nd. In a show of bipartisan support, the bill was introduced by members of the Senate Judiciary Committee: Chair Chuck Grassley (R-IA), Ranking Member Diane Feinstein (D-CA), former chair Orrin Hatch (R-UT), and former Ranking Member Patrick Leahy (D-VT). The Guild supported the House version of the bill, H.R.1695, which passed the House on April 16 by 378-48.
S.1010 seeks to make the the Register of Copyrights a Presidential appointee for a 10-year term, with certain requirements:
• The appointee must be selected from a list of candidates selected by the Speaker of the House, the President pro tempore of the Senate, the majority and minority leaders of the House and the Senate, and the Librarian of Congress.
• The appointee must be a U.S. citizen with professional experience in copyright law.
• The appointee must be capable of identifying and supervising a chief information officer responsible for managing modern information technology systems.
Under current copyright law, the Register is appointed by the Librarian of Congress. The sudden removal of the previous Register of Copyrights, Maria Pallante, last October cast a spotlight on the need for greater autonomy of the Copyright Office. Along with a coalition of visual artist associations, the Guild has advocated for that, including making the Register of Copyrights a Presidential appointee. Doing so is also a vital step towards proceeding with modernization of the Copyright Office, which is vital to the concerns of graphic artists.
Comic Artist Turned Away at US Border for Carrying Work in Progress
Posted by Rebecca Blake on April 24, 2017
On April 20th, Canadian Marvel comic book artist Gisele Lagace posted to her Facebook page that she had been denied entry to the United States when attempting to cross the border to attend Chicago’s C2E2 comic convention. According to her post. she was refused entry by US Customs and Border Patrol because she was planning to complete some commissions while in the US; the unfinished works were in her car. Additionally, she was carrying about $700 worth of comics, which she had intended to sell while at the convention. That put her in violation of US immigration law, which prohibits visitors from working in the US without a proper visa.
Her post generated sympathy among colleagues, and was shared several hundred times. The Hollywood Reporter picked the story, and documented the sympathetic response from fellow comic book creators. They cited Australian comic writer Tom Taylor’s Twitter account, in which he commented that he has pulled out of US conventions since he no longer feels safe or welcome here, and that he knows of many colleagues who feel the same.
Despite the unease generated by the recent increased vigilance of US border patrols, artists have been turned away in the past for bringing work with them to comic cons. CBR reported in 2012 that Canadian artist Craig Wilson was turned away when work he had hoped to sell in Phoenix Comicon’s Artist Alley was discovered by board guards. Marvel writer Charles Soule (who also happens to be an immigration attorney) responded to Legace’s situation by cautioning comic artists to consult with an attorney before coming to the US for trade shows.
Everyone is well-intentioned, but the immigration landscape is changing daily. Things that were cool last year get you turned around now.— Charles Soule (@CharlesSoule) April 21, 2017
Artists intending to exhibit at a trade show or comic con in the US can also check the US Customs and Border Protection’s FAQ sheet for tradeshow attendees.
For Legace, a seasoned pro who has traveled frequently to the US, the ordeal was unexpected: “Was asked if I was the only one doing this as I looked surprised to be refused entry. I said no, many artists from around the world attend these to promote themselves. I don't think they cared.” Her experience was made all the more excruciating by the discovery of two unidentified white pills in her wallet (most likely acetaminophen), which precipitated a body search. She’s decided she’s not reattempting entry into the US until she’s “absolutely certain this won’t happen again.”
Below: The Detroit-Windsor border crossing between the US and Canada.
Photo: public domain.
Copyright Office Modernization: Through an Artist’s Lens
Posted by Guest on April 21, 2017
Guest post by Tom Kennedy, Lara Kisielewska, Akili-Casundria Ramsess, Juliette Wolf-Robin, and David Trust.
Most everyone knows the phrase "a picture is worth a thousand words." It captures the notion that one image can instantly convey complex ideas and world events, changing how we think individually and as societies. For instance, who could forget the picture of an American sailor kissing a woman in Times Square, which expressed the elation, joy and excitement of the nation as World War II came to an end. And the 1989 image of a lone protestor standing before oncoming tanks in Tiananmen Square still resonates deeply today. In both cases, visual artists--who depend on strong copyright protections to make a living--captured those iconic images.
Visual artists include illustrators, graphic designers, artists, photographers, visual journalists, videographers, and others who create and license their works for the news media, magazines, advertising, books and other publications, consumer products, digital platforms, multimedia presentations, and broadcast. Typically, they are one-or-two-person businesses and small family enterprises that not only create, but are responsible for running all facets of a small business.
To help facilitate the marketplace for creative works, visual artists have long called for modernizing the US Copyright Office. That's why we strongly support HR 1695, the Register of Copyrights and Selection and Accountability Act, which would make the Register of Copyrights, who leads the USCO, a presidentially appointed, Senate confirmed position. The bill recently passed out of the House Judiciary Committee by the overwhelming bipartisan vote of 27-1.
The Copyright Office, which resides in the Library of Congress, maintains copyright registration and recordation databases upon which creators, licensees, users and consumers depend, but which are sadly outdated. Indeed, despite repeated calls by former Registers for reform, including releasing the most forward looking IT plan in the Office's history, it has been unable to modernize because it lacks the autonomy to do so. The Office's efforts have been frustrated because it resides in the Library of Congress where it competes with many other Library priorities for resources, technology and staff. This arrangement may have worked in the past, but the creative economy now contributes $1.2 trillion to GDP and supports 5.5 million jobs. The Register must be given the autonomy to modernize the Office to suit the specialized needs of the copyright system. And it is appropriate that the office of the Register be elevated to a stature commensurate with the economic sector to which the duties of the Office are so critical.
The Office also has an important policy mission, statutorily acting as Congress' impartial advisor on copyright law and policy. Historically, the Copyright Office has been an invaluable resource to the Congress, providing expert counsel on issues large and small. This is particularly important for individual creators and small businesses, for without this dedicated "think tank," Congress might not hear the plight of our creative members on critical issues such as how to handle copyright infringement claims too small to justify the expense of a federal law suit. The Copyright Office must have the autonomy necessary to continue its vital advisory role to Congress.
Some critics of the legislation have suggested that elevating the Register is an attempt to "give more power to Hollywood"--something we in the visual arts community find puzzling. Without a doubt, the Copyright Office's technological shortcomings affect visual artists far more than movie studios and record labels. For instance, Variety reported that 563 movies were released in 2014 by the entire movie industry, which is a relatively small number of copyrights to register for an entire year. By contrast, a single photographer can take over 500 photos in one shoot, and may create as many as 50,000 individual photographs per year. Further, unlike large entertainment companies, we don't have the luxury of in-house professionals who can dedicate their time to navigating the complexities of the registration process. As a result, many visual artists forego registration, which then makes defending one's rights in court a virtual impossibility. Put another way, the Copyright Office's problems are a de facto regressive tax--the smaller the creator, the more adversely they are impacted.
Congress should swiftly pass HR 1695, thereby taking an important first step towards fixing these problems. By ensuring the Register has the autonomy necessary to begin implementing operational reforms and continuing to provide impartial advice, Congress will help ensure that visual artists and all creators can continue creating works that contribute to our economy and help shape our society in the digital age.
Tom Kennedy is the Executive Director of the American Society of Media Photographers (ASMP). Lara Kisielewska is the President of the Graphic Artists Guild (GAG). Akili-Casundria Ramsess is the Executive Director of the National Press Photographers Association (NPPA). Juliette Wolf-Robin is the National Executive Director of the American Photographic Artists (APA). And David Trust is the CEO of the Professional Photographers of America (PPA).
Contact your Representative and ask them to vote YES on H.R. 1695
Posted by Advocacy Liaison on April 21, 2017
The Graphic Artists Guild is calling upon visual artists and those who support a vibrant creative community to contact their representatives and ask them to support H.R. 1695. The bill seeks to make the Register of Copyrights, currently appointed by the Librarian of Congress, a presidential appointee with a 10-year term with the advice and consent of the Senate. The Guild has long supported giving the Copyright Office greater autonomy and modernizing the Office. The current registration system is cumbersome, outdated and confusing. Modernizing the Copyright Office is key for creators seeking to protect their copyrights and derive an income from their work. This bill is the first step to achieving that goal.
The bill is coming up for consideration in the House the week of April 24th. Please show your support for this bill by contacting your representative as soon as possible. You can do so easily by visiting copyrightdefense.com. The website will permit you to enter inyour zip code to contact your representative by email and telephone, and supplies talking points for you to refer to.
Copyright and creative industries are increasingly important to the US economy, contributing over $1.2 trillion dollars to the US GDP. Despite this, the Copyright Office has languished with outdated technology. It has no autonomy over its budget and staffing, which are determined by the Library of Congress. IT problems at the Library resulted in a system outage that brought down the Copyright Office’s registration system for one week in 2015. A report by the Government Accountability Office listed numerous technological problems at the Office exacerbated by the Library’s IT management weakness. The Library has not pursued the implementation of a comprehensive IT modernization plan for the Copyright Office brought out by the previous Register of Copyrights, Maria Pallente.
Additionally, the Register of Copyrights is unilaterally selected Librarian of Congress, although the missions of the Library and the Office are different and sometimes conflict. The Register of Copyrights is statutorily required to advise Congress on copyright law – a function of increasing importance as copyright law is under review – and yet the Register is appointed solely at the discretion of the Librarian. H.R. 1695 gives Congress the opportunity vet candidates for Register of Copyrights and ensures it will receive the expert advice it needs.
H.R. 1695 has wide bi-partisan support. It was introduced by House Judiciary Chair Bob Goodlatte (R-VA) and Ranking Member John Conyers (D-MI), and passed the House Judiciary Committee with a vote of 27-1. Support for the bill has been expressed by members of Congress from both parties, and from stakeholders and experts, including former Registers of Copyright Ralph Oman and MaryBeth Peters. The creative community has by and large welcomed the legislation, as indicated by a letter signed by over 40 associations, industry groups, and business leaders (including the Guild).
Support for H.R. 1695:
“Creators, Please act now. Tell Congress to Vote “Yes” on H.R. 1695.” – American Photographic Artists
“ASMP, along with other organizations, unions, and guilds representing and supporting creators and inventors, express support of H.R. 1695, ‘The Register of Copyrights Selection and Accountability Act of 2017’...” – American Society of Media Photographers
“Making the Register of Copyrights a presidential appointee subject to the advice and consent of the Senate reflects the growing importance of copyright to our economy and culture, and treats the head of the Office like other officials, with oversight over similarly significant industries.” – North American Nature Photography Association
“To help facilitate the marketplace for creative works, visual artists have long called for modernizing the US Copyright Office. That’s why we strongly support HR 1695, the Register of Copyrights and Selection and Accountability Act…” – National Press Photographers Association
“… one can see that the Library of Congress and the Copyright Office are at odds with what they do. Making the Register of Copyright a presidential appointee is the first step in giving the Copyright Office some autonomy to effectively do what they were created for.” – Professional Photographers of America
“The Register of Copyrights Selection and Accountability Act of 2017fills a critical gap that currently exists in the selection process for all future Registers of Copyright. No Member on this Committee, nor in Congress would underestimate the importance of the copyright economy in America. The copyright economy is a key driver of our nation’s exports. Overseeing this sector is the Copyright Office, an entity whose large impact is far bigger than its small footprint.” – Rep. Bob Goodlatte (R-VA), Chair, House Judiciary Committee
“In the past, the authority of the Copyright Office to conduct rule makings has been challenged in the courts because the Register is not currently Presidentially-appointed. This bipartisan legislation would put to rest, once and for all, that question, and ensures that the Register is accountable to Congress.” – joint statement, Bob Goodlatte (R-VA) and John Conyers (D-MI), Ranking Member, House Judiciary Committee
“As a member of Congress with the honor of representing parts of the greater Los Angeles region, I’m intimately aware of the importance of the creative economy to everyday Californians and the country as a whole… That’s why I’ve been a supporter of a strong copyright system—the foundation of a strong creative economy—since I came to Congress. That’s also why Congress must pass H.R. 1695, the Register of Copyrights Selection and Accountability Act...” – Rep. Judy Chu (D-CA)
“Stripped to its basics, the choice is stark: Does Congress want modernization and independent copyright advice straight and true from the expert agency, or does it want copyright administration and advice filtered through the lens – and shaped by the perspective – of the head of the national library?” – MaryBeth Peters and Ralph Oman, former Registers of CopyrightPrevious Page Next Page
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