Today, Wikipedia began a campaign for recognition and protection as UNESCO’s first digital World Cultural Heritage Site.
UNESCO does recognize digital heritage, but is Wikipedia a suitable candidate? The criteria for recognition as cultural heritage can be found at this link. The site must be found to be a "masterpiece of human creative genius."
As reported in the New York Times, UNESCO rules also stipulate that Wikipedia must find a country to sponsor its nomination to either the World Heritage or Intangible Cultural Heritage List. The idea originated in Germany, and so the founder of Wikipedia is hoping Germany will step forward as a sponsor. However, neither the USA nor Germany are signatories to the 2003 Convention for the Safeguarding of Intangible Cultural Heritage.
Even if Wikipedia qualifies, Jared Keller at the Atlantic questions whether or not this would be a good use of resources. "UNESCO would be better suited to focus its resources on heritage sites facing more immediate challenges."
Wikipedia may be an amazing technological and cultural phenomenon, but is this website even comparable to sites such as Chartres Cathedral, the Great Wall of China, and the Pyramids? Well, “Anyone can apply,” Susan Williams, head of external media relations at UNESCO, told the New York Times.
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2011 Legal Issues in Museums Conference
The annual conference on legal problems in museum administration took place on March 22-24, 2011. It was organized by the American Law Institute-American Bar Association and sponsored by the Smithsonian Institution and the American Association of Museums.
The Art Newspaper provides a good overview of several legal issues addressed at the conference.
First, problem gifts are seen as a real problem. Even in these financially desperate times, museums must be careful what kinds of gifts they accept, and what donors they accept gifts from. Art Media Agency reported one New York-based lawyer as recommending that museums only accept gifts if the donors are the sole owners of the donation. "If a museum accepts, for example, a minority share in a business, the situation could soon become financially risky."
Another issue was how museums should negotiate artists' rights. "Merchandising is a problem." It is reported that almost all museums still accept that an artist owns the copyright after the work is sold to the museum.
The attendees of the event also expressed concern over Russian loans. A July 2010 decision ordering Russia to turn over to turn over a collection of manuscripts has had a negative impact on loans coming from Russia. According to Laura Gilbert, LACMA has recently asked the plaintiffs in the case to "stipulate that it will not seize any of the 37 art objects the museum still hopes Russia will lend for its Gifts of the Sultan exhibition opening June 5."
The Art Newspaper also mentions the issues of joint purchase agreements of collection items and third party rentals of museum spaces. Read the article at The Art Newspaper
Information about the program is available at the ALI-ABA website
The Art Newspaper provides a good overview of several legal issues addressed at the conference.
First, problem gifts are seen as a real problem. Even in these financially desperate times, museums must be careful what kinds of gifts they accept, and what donors they accept gifts from. Art Media Agency reported one New York-based lawyer as recommending that museums only accept gifts if the donors are the sole owners of the donation. "If a museum accepts, for example, a minority share in a business, the situation could soon become financially risky."
Another issue was how museums should negotiate artists' rights. "Merchandising is a problem." It is reported that almost all museums still accept that an artist owns the copyright after the work is sold to the museum.
The attendees of the event also expressed concern over Russian loans. A July 2010 decision ordering Russia to turn over to turn over a collection of manuscripts has had a negative impact on loans coming from Russia. According to Laura Gilbert, LACMA has recently asked the plaintiffs in the case to "stipulate that it will not seize any of the 37 art objects the museum still hopes Russia will lend for its Gifts of the Sultan exhibition opening June 5."
The Art Newspaper also mentions the issues of joint purchase agreements of collection items and third party rentals of museum spaces. Read the article at The Art Newspaper
Information about the program is available at the ALI-ABA website
James Cuno at the Getty
Museums are treasure chests full of artifacts with questionable histories. Who is the rightful owner of these precious objects - the museums that have acted as their custodians, or the cultures that produced them? Museums walk a delicate line between sharing cultures and exploiting them.
The Getty Museum is in a particularly precarious position. In 2001, the Getty museum's former antiquities curator, Marion True, was charged with trafficking in looted art. As a result of the long legal battle, the Getty began returning some of its coveted treasures and adopted a strict acquisitions policy. The LA Times reports that "the Getty has emerged as a leader in efforts to curb the looting that has fueled the market in ancient art."
James Cuno, director of the Art Institute of Chicago and author of "Who Owns Antiquity?", has been an outspoken critic of such efforts. Cuno believes that culture is universal, and not national, and he encourages trade in antiquities.
So what were the board members of the J. Paul Getty Trust thinking when they appointed James Cuno as President and Chief Executive? ArtInfo describes the choice as "clueless," because "no serious and credible candidate will now want the job of Getty Museum director."
The New York Times suggests that the board decided that Cuno would be the best choice for "an institution that not only collects and exhibits art but also plays many other roles in the international art world." Cuno reportedly sees things the same way, describing the Getty as “more like a university than a museum.”
Cuno has also said that he accepts the Getty's new, strict acquisition policy. The LA Times asks, Will James Cuno Change the Getty, or will the Getty Change James Cuno?
The Getty Museum is in a particularly precarious position. In 2001, the Getty museum's former antiquities curator, Marion True, was charged with trafficking in looted art. As a result of the long legal battle, the Getty began returning some of its coveted treasures and adopted a strict acquisitions policy. The LA Times reports that "the Getty has emerged as a leader in efforts to curb the looting that has fueled the market in ancient art."
James Cuno, director of the Art Institute of Chicago and author of "Who Owns Antiquity?", has been an outspoken critic of such efforts. Cuno believes that culture is universal, and not national, and he encourages trade in antiquities.
So what were the board members of the J. Paul Getty Trust thinking when they appointed James Cuno as President and Chief Executive? ArtInfo describes the choice as "clueless," because "no serious and credible candidate will now want the job of Getty Museum director."
The New York Times suggests that the board decided that Cuno would be the best choice for "an institution that not only collects and exhibits art but also plays many other roles in the international art world." Cuno reportedly sees things the same way, describing the Getty as “more like a university than a museum.”
Cuno has also said that he accepts the Getty's new, strict acquisition policy. The LA Times asks, Will James Cuno Change the Getty, or will the Getty Change James Cuno?
National Endowment for the "Arts", including Video Games?
It was recently announced that the National Endowment for the Arts will be renaming its "Arts on Television and Radio" program "Arts in Media." The new program will include grants for video-game creators, as well as for artists who create mobile and interactive platforms. This is tantamount to federal recognition of video games as "art," and the new program's new open-ended name leaves room for further redefinition.
The legal definitions of "art" have been formulated in the context of the Copyright Act and First Amendment protections of speech. Should Congress be able to include video-games and other media arts within the Federally recognized parameters of "art"? Does the public even consider video games and other media works to be "art"? Although the public's understanding of "art" is constantly, notoriously in flux, it is difficult to determine when federal institutions should follow the crowd.
The NEA is an independent federal agency, and Congress controls its annual budget. NEA grant money comes from federal tax money, and thus NEA activity is susceptible to public challenge. The public may question whether or not the NEA should be allotting scarce funds to the video game industry in times of troublesome budget cuts in the arts. However, this criticism seems hard to mount when NEA grants must, as ArtInfo points out, focus on supporting "works which will enhance the public good." Win.
Read more at ArtInfo
The legal definitions of "art" have been formulated in the context of the Copyright Act and First Amendment protections of speech. Should Congress be able to include video-games and other media arts within the Federally recognized parameters of "art"? Does the public even consider video games and other media works to be "art"? Although the public's understanding of "art" is constantly, notoriously in flux, it is difficult to determine when federal institutions should follow the crowd.
The NEA is an independent federal agency, and Congress controls its annual budget. NEA grant money comes from federal tax money, and thus NEA activity is susceptible to public challenge. The public may question whether or not the NEA should be allotting scarce funds to the video game industry in times of troublesome budget cuts in the arts. However, this criticism seems hard to mount when NEA grants must, as ArtInfo points out, focus on supporting "works which will enhance the public good." Win.
Read more at ArtInfo
The Performing Arts Businesses
"It's no longer enough for performing arts centers to focus on what's on stage," said Lawrence P. Goldman, the New Jersey Performing Arts Center's founder, president and CEO. So what else should they focus on? Two major performing arts centers are looking for new business opportunities.
Last week, Lincoln Center announced plans to act as adviser for developers of a new performing arts center in Tianjin, China. This is part of an effort by the Center to create a consulting business that would supplement ticket sales and donations.
This week, the Wall Street Journal reported that PlayhouseSquare had become a major player in the commercial real estate business. PlayhouseSquare is the second-largest performing arts center in the country by audience, after Lincoln Center, of course. "The hallmark of PlayhouseSquare is that they realized a successful theater district could only work if there was a successful neighborhood," Joe Roman said in an interview.
PlayhouseSquare, located in Cleveland, has had to work hard for a successful neighborhood. PlayhouseSquare Real Estate Services started out operating only PlayhouseSquare's properties and now manages more than a million square feet of other properties throughout the Cleveland area. However, even Manhattan's Lincoln Center has had to dedicate funding and attention to renovation of its local neighborhood on the Upper West Side. Both centers have recognized the benefits that come with participation in local real estate development.
"This model is not only right but smart because it secures the urban environment around the arts center," Goldman says. Creating a successful performing arts center may require the creation of a whole new neighborhood that caters to the performing arts business. Perhaps the developers in Tianjin should keep this mind. Furthermore, the development of such a neighborhood may be a lucrative business opportunity in and of itself.
Read "A Model of Economic Viability for the Arts" at The Wall Street Journal
Last week, Lincoln Center announced plans to act as adviser for developers of a new performing arts center in Tianjin, China. This is part of an effort by the Center to create a consulting business that would supplement ticket sales and donations.
This week, the Wall Street Journal reported that PlayhouseSquare had become a major player in the commercial real estate business. PlayhouseSquare is the second-largest performing arts center in the country by audience, after Lincoln Center, of course. "The hallmark of PlayhouseSquare is that they realized a successful theater district could only work if there was a successful neighborhood," Joe Roman said in an interview.
PlayhouseSquare, located in Cleveland, has had to work hard for a successful neighborhood. PlayhouseSquare Real Estate Services started out operating only PlayhouseSquare's properties and now manages more than a million square feet of other properties throughout the Cleveland area. However, even Manhattan's Lincoln Center has had to dedicate funding and attention to renovation of its local neighborhood on the Upper West Side. Both centers have recognized the benefits that come with participation in local real estate development.
"This model is not only right but smart because it secures the urban environment around the arts center," Goldman says. Creating a successful performing arts center may require the creation of a whole new neighborhood that caters to the performing arts business. Perhaps the developers in Tianjin should keep this mind. Furthermore, the development of such a neighborhood may be a lucrative business opportunity in and of itself.
Read "A Model of Economic Viability for the Arts" at The Wall Street Journal
Digital Art as Cultural Heritage?
There is a multitude of cultural groups around the world, and each group struggles to preserve its unique heritage and cultural creations as history proceeds. Many of these cultures have embraced new technologies, both as functional tools and as artistic media. How should digital creations be preserved, especially as the underlying technologies become obsolete?
Digital technologies are progressing so quickly that important works along the way are being lost or are becoming impossible to read. "The threat is very real that, unless we do something, we will have a 'lost generation' in terms of our cultural heritage," Dr David Anderson told the Guardian.
Do we want to protect digital art as part of our cultural heritage? As one writer at Wired points out, "the notion that anything called “digital” belongs to a nation-state is also in grave danger."
However, UNESCO's 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage states that, "parts of the cultural or natural heritage are of outstanding interest and therefore need to be preserved as part of the world heritage of mankind as a whole." Cultural heritage was therein defined to include monuments and natural sites, and in 2003 a new Convention expanded the definition to include intangibles. Still, neither Convention accounts for digital culture, on a national or international level.
A new class of "digital preservationists" has formed in Britain, and a series of symposia will be held in June at King's College London and at Cambridge University. On May 9, Anglia Ruskin University will open a gallery that will exhibit art in digital format only.
Read more at the Guardian
Digital technologies are progressing so quickly that important works along the way are being lost or are becoming impossible to read. "The threat is very real that, unless we do something, we will have a 'lost generation' in terms of our cultural heritage," Dr David Anderson told the Guardian.
Do we want to protect digital art as part of our cultural heritage? As one writer at Wired points out, "the notion that anything called “digital” belongs to a nation-state is also in grave danger."
However, UNESCO's 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage states that, "parts of the cultural or natural heritage are of outstanding interest and therefore need to be preserved as part of the world heritage of mankind as a whole." Cultural heritage was therein defined to include monuments and natural sites, and in 2003 a new Convention expanded the definition to include intangibles. Still, neither Convention accounts for digital culture, on a national or international level.
A new class of "digital preservationists" has formed in Britain, and a series of symposia will be held in June at King's College London and at Cambridge University. On May 9, Anglia Ruskin University will open a gallery that will exhibit art in digital format only.
Read more at the Guardian
Drawing Boundaries in the Art Market, since when?
These days auction houses are surprising us with their versatility and new marketing techniques, such as Carte Blanche sales of Phillips de Pury. However, according to Ed Dolman, Christie's chairman, there are certain lines his auction house would not cross. Commenting on the famous single-artist sale of new works by Damien Hirst held by Sotheby's in 2008, entitled Beautiful Inside My Head Forever, Dolman opined “I think the Damien Hirst sale had pretty extreme inherent conflicts of interest that, to my mind, probably pushed the boundaries of what is believable in an auction and what isn’t, so I don’t think we as an auction house would have taken that sale on in that form.” The criticism was made at a panel discussion, Transparency in the market…can we have more of it? in New York in March, 2011. The discussion was held jointly by the Art Dealers Association of America and The Art Newspaper.
Hosted by Anna Somers Cocks, Founder and Group Editorial Director of The Art Newspaper, the panelists included:
- Peter Stern, Art Lawyer
- Richard Feigen, Art Dealer
- Lucy Mitchell-Innes, President, Art Dealers Association of America
- Allan Schwartzman, Art Consultant
- Ed Dolman, Chairman Christie’s International
Those on the Market for a Graduation Gift Nota Bene -- Leopold Museum is to sell a Schiele
If one could chose between a Schiele landscape as a graduation gift and a Klimt landscape (Häuser in Unterach am Attersee (1916) one that was also recently sold following an important restitution litigation, see 541 U.S. 677 (2004)), who would not chose Klimt?! But Schiele would be just as nice. And waiting another month to get one's graduation gift is no wait at all as compared to three years of law school and that coveted law degree.
For more info about the upcoming sale, read ArtInfo.
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