The expansion of the internet,……… the accompanying proliferation of social media,….. the growing participation of businesses in the artworld,…… and many artists’ increased understanding of their rights to their intellectual property — have all been causing a re-evaluation of numerous laws and practices that conflict with each other in the status of copyrighted works, fair use, freedom of panorama., and other areas.
A new special report has just been prepared that outlines recent changes in the status of artworks created for public spaces, and private and corporate art collections.
The report is a useful guide for artists, art collectors, corporate art advisors, and anyone involved professionally in the artworld.
Some of the new legal situations that are detailed in the report include:
A new provision in the French Code of Intellectual Property. Since October 2016, article L122-5 of the French Code provides for a limited freedom of panorama for works of architecture and sculpture. The code authorizes “reproductions and representations of works of architecture and sculpture, placed permanently in public places and created by natural persons, with the exception of any usage of a commercial character”.
In the United States, on April 11, 2016, the US District Court for the Central District of California struck down the California Resale Royalties Act. California had been the only state that recognized royalty rights in favor of artists in cases when a work of art was re-sold. The ruling noted that the Calfornia Resale Royalties Act conflicted with the Copyright Act of 1976 with the “first sale doctrine”.
Sweden is testing the apparent conflict between Creative Commons and Freedom of Panorama in their country. In April 2016 the Swedish Supreme Court ruled that Wikimedia Sweden infringed on the copyright of artists of public artwork by creating a website and database of public artworks in Sweden, that contained images of public artwork uploaded by the public.
The European Commission has been attempting to harmonize the laws of Freedom of Panorama throughout all its member states. This will change the practices in virtually all of the countries to make them consistent with French and Italian laws. This is a development that needs to be closely followed to understand its impact on all artists, especially photographers, and anyone working in the artworld.
These are some of the new laws that are affecting the copyright status of artworks in both private and public collections, and in public spaces. Know about these new realities so you can protect yourself and your intellectual property !
Copyright and How it Affects Corporate Art Collections
History of Copyright Law
Works for Hire and their Copyright Status
Fair Use in Copyright
Visual Artists Rights (VARA)
Freedom of Panorama
Photographing Works of Art in Public Locations – a changing reality
…..an artist in residence program that also helps the environment.
Artists in residence programs have been proliferating, and are very successful because not only do they help the artists, they can generate a body of work and art programs related to a company’s activity.
A couple of years ago (December 2014), I featured an article about three artist in residence programs – Kohler, CERN, and the Recology Program. I thought it was time to revisit the Recology program because it has a positive influence on not only providing artists with support and inspiration, but it is also going far to help recycling efforts in the San Francisco Bay area that ultimately are helping to restore the environment. It is a truly innovative and visionary art program.
Recology is a recycling and waste disposal company in San Francisco. The Artist and Residence program has been providing Bay Area artists with access to discarded materials, a stipend, and a large studio space at the Recology San Francisco Transfer Station. By supporting artists who work with recycled materials, Recology hopes to encourage people to conserve natural resources and promote new ways of thinking about art and the environment.
The Beginnings of the Program
The Artist in Residence Program at Recology was established in 1990 at the same time that recycling was being implemented in the city and county of San Francisco. Part of the city’s plan was to design an education program to promote recycling and resource conservation. The SWMP and Recology San Francisco (then known as San Francisco Sanitary Fill Company) worked together to create informational ads and brochures about recycling, develop classroom presentations, and organize tours of recycling plants.
The goal was to teach people how to use curbside recycling bins and to encourage source reduction in order to promote a general awareness of how recycling helps protect the environment. Conceived by Jo Hanson, the Artist in Residence Program was the most innovative element of the education plan and the first program of its kind in the United States. In the late 1980s Hanson suggested to Recology and the City of San Francisco that they develop an artist-in-residence program at the city dump which would offer studio space and stipends for emerging and established artists to create artwork from the waste stream and raise public awareness about environmental issues. Now more than twenty years later, the Artist in Residence Program has been nationally recognized and awarded, and countless artists, children, and adults have benefited from Jo Hanson’s vision.
Jo was a guiding force for the program and served as a member of the program’s board from 1990 until she died in March, 2007. The program has continued to expand and add new features, and since 1990, over 120 professional artists and 30 student artists have completed residencies. The studio is located at the San Francisco Solid Waste Transfer and Recycling Center (Recology San Francisco), a 47-acre facility that includes the trash transfer station (where trash goes before being sent to landfill), the Household Hazardous Waste Facility, the Organics Annex, the Public Disposal and Recycling Area (“The Dump”), and other recycling areas. The facility is also the site for a three-acre sculpture garden containing work by former artists-in-residence.
The program has had four goals:
To encourage the reuse of materials
To support Bay Area artists by providing access to the wealth of materials available at the public dump
To encourage children and adults to think about their own consumption practices
To teach the public how to recycle and compost through classroom lessons that explain the city’s three-cart (recycling, composting, trash) system
As part of the program, artists speak to elementary school classes and adult tour groups about their experience of working with recycled materials, and when their residency is completed, the company hosts a three-day exhibition and reception to show the work they have completed.
Artists make three pieces of art for the company’s permanent art collection, and leave art created during the residency with the company for the next twelve months for exhibitions at off-site venues. Current artists that completed their residencies in May are Cybele Lyle, Carrie Hott and Nathan Bryne. Upcoming artists for 2017 include: Rodney Ewing, Cathy Lu, Erik Scollon, and Beth Krebs.
The Sculpture Garden and Gardener in Residence Project
The Sculpture Garden is a private, three-acre facility that includes more than 35 sculptures made by former artists-in-residence, with new pieces added each year. Each facility tour includes a visit to the garden. In 1992, under the direction and design of Susan Leibovitz Steinman, Recology San Francisco built the sculpture garden on a hill overlooking San Francisco Bay. The land functions as a buffer between the SF Transfer Station and the adjacent residential neighborhood, known as Little Hollywood. It was previously a field of ivy and ice plant.
The garden path is made from recycled concrete salvaged from the Embarcadero Freeway when it was damaged in the 1989 Loma Prieta Earthquake. Bricks that line the path came from a building on Mission Street, and many of the plants in the garden were rescued from the garbage and brought back to life using Recology compost.
The goal of the Gardener in Residence Program (GIR) at Recology San Francisco is to bring awareness to the importance of native plant restoration, water conservation, and the value of compost as a soil amendment. The focus has been on educating the public about sustainable landscape design techniques — essential for reducing water useage and attracting native wildlife, such as bees and butterflies. Using the garden as a platform for educational outreach it is meant to encourage dialogue about these environmental issues.
The program provides experienced local gardeners and landscape designers with access to the Recology Sculpture Garden for site specific projects. In conjunction with Recology staff, the gardener-in-residence determines the appropriate areas for development within the three-acre sculpture garden, and will design and execute their plan by working hands-on in the garden. Projects are to incorporate drought-tolerant plantings, effective use of mulch and compost, and native plants.
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For more information, contact people for the Recology program are: Deborah Munk: (415) 330-1415 Micah Gibson: (415) 330-1414 Sharon Spain: (415) 330-0747 Felisia Castaneda: (415) 330-9943 The mailing address is: Artist in Residence Program, 501 Tunnel Avenue, San Francisco, CA 94134
The Recology website for the Artist in Residence Program is https://www.recology.com/recology-san-francisco/artist-in-residence-program/
Information on this and nearly 700 other corporate art programs and collections are included in the 2017 edition of the International Directory of Corporate Art Collections here.
Perhaps Corporate Art Brief readers are already familiar with the art project Qantas initiated during the 1990s to paint several of their planes with aboriginal designs to celebrate the 1993 International Year of the World’s Indigenous People.
Editor Note: More information about this project is available in the 2017 edition of the International Directory of Corporate Art Collections. Ordering information is here
The company, the national airline of Australia, has continued to initiate innovative ways of sharing the work of Australian artists with an international audience. The latest project has been to work with some of Australia’s leading artists, photographers and digital influencers to feature their work on the airline’s international Business class amenity kits.
The project, called ‘Qantas Curates’ collaborates with professional Australian contemporary art curators to select artworks from 16 Australians that work in different styles that include pop culture, photography, fine art, abstract landscape, Indigenous art and textile design.
On May 1, the new range of amenity kits (eight types for men and eight for women) were introduced and offered to Business class customers on international flights, with two designs launching every few months.
According to Olivia Wirth, of Marketing & Corporate Affairs for Qantas Group the airline’s vision was to increase an awareness of contemporary Australian art and give travellers a collectible piece to take with them.
“As the national carrier, we’re pleased to support talented Aussies telling uniquely Australian stories through their artwork and share them with a global audience. We know amenity kits are an important part of the international Business class experience. Customers love the functionality of our kits and many use them after their flight as make-up bags, an evening clutch or to carry their mobile phones. So, the exposure is broad.”
The first two artists to be featured were Jacob Leary and Liam Snootle
Bubblegum Dystopia by Jacob Leary. “Bubblegum Dystopia extends my interests into the nature of organisation. Focusing on the idea of non-linearity the picture space attempts to explore the layered complexities that define contemporary modes of experience.”
Billie Justice Thomson, whose artwork Fairy Bread will feature on a kit for women said she was proud to be part of a program that showcases artwork in such a unique way. “It’s really exciting to be part of an art exhibition at 38,000 feet. “
A full list of the 16 artists is at the end of the article.
For many years, Qantas has been giving Australian artists opportunities to reach global audiences. In 2015, a donation of AUD 2.75 million ($1.9 million) from the Qantas Foundation, the airline’s philanthropic foundation, has enabled the Museum of Contemporary Art Australia (MCA) and the Tate to launch a joint acquisition program for contemporary Australian art. Works acquired as part of the program will be jointly owned and displayed by the MCA and the Tate. The institutions are planning to buy a wide variety of art spanning from the late 1960s to the present, and in a coordinated selection and purchasing strategy, the museums will share resources and expertise to carefully select an exciting group of artworks which will be shown in a special exhibition at the MCA in 2016, before traveling to London for a show at the Tate. Introducing contemporary Australian art to an international audience is meant to draw more attention to artists who, in an international context, have often been overlooked.
Announcement: The story behind Qantas’ painted planes is being featured in our upcoming publication, as well as the Alexander Calder plane design project of Braniff Airways and many other fascinating art projects around the world. The book: Unlikely Bedfellows: Art Changing the Workplace and Industry will be released on June 1 in a digital and paperback edition. I am accepting advance orders and an announcement will be posted shortly. In the meantime, send me an email if you are interested in more information. firstname.lastname@example.org
These are the 16 artists that are being featured on the Amenity kits:
Jacob Leary – Bubblegum Dystopia features on the kit for women onboard 1 May 2017
Liam Snootle – No Queen Blues/Unwindfeatures on the kit for men onboard 1 May 2017