Fair Use for the Visual Arts

Last month CAA (College Arts Association) widely distributed a damaging and flawed document entitled "Code of Best Practices in Fair Use For The Visual Arts". This document, by its title, purports to be a well-researched and balanced guide to understanding and applying Fair Use. Unfortunately CAA, whether intentionally or otherwise, excluded all artist rights organizations and their counsel from their research when compiling this biased document. In so doing, the result is nothing more than an opinion piece designed specifically to justify the theft of copyrighted works under the guise of Fair Use.

In response to the release of the CAA guide, the major artist rights organizations excluded from participating in CAA's research (APA, NPPA, ASMP, PACA and PPA), sent a letter to CAA's leadership expressing concerns over the troubling methods and conclusions of the document. APA and the other signatories of the letter further suggested that CAA agree to re-draft a more accurate and balanced Fair Use guide with the help of the organizations and experts who represent the copyright holders. Only then will all parties be well-served and a true "Best Practices" be established.

A reply from CAA leadership is still awaited.

Download both CAA's Best Practices document and our letter of reply here.