- In writing assignments, ask students to include photo credit lines for all images included in their papers. In addition to the artist’s name, title, medium, and size, have students include the source for the image and–for works still protected by copyright–justify their fair use using the CAA Code of Best Practices in Fair Use for the Visual Arts. Here are sample instructions:
- On your title page: Indicate the title of your paper, your name, the course number and title, and the date on which your paper is completed.
- On your illustration page: The illustration(s) will be preferably photo(s) of the artwork you write about. Indicate the title and date of the artwork, artist (if known) and his/her date, medium and dimensions of the work, and name of the museum, gallery or site. On the bottom line, indicate in one sentence whether or not you are relying on fair use in illustrating the work and your reasoning for doing so (citing the Code of Best Practices in Fair Use for the Visual Arts).
Have students visit a local museum and select a work of art that incorporates copyrighted material and write a one-paragraph justification of its use using the CAA Code. (Examples of art could include Pop art paintings, assemblage, collage, or political satire.)
- Show the students a work of art that incorporates the work of others; choose one that has not been the subject of litigation, such as something from the work of Roger Shimomura, Liz (lithograph, 2014). Have them develop a fair use rationale for the work, either in class or in a take-home exercise, using the CAA Code. (See Teaching Resources for Shimomura example.)
- For graduate students: Read the College Art Association’s policy on fair use in its publications, and the Code of Best Practices in Fair Use for the Visual Arts. How would fair use be applied, using the Code, for illustrations in (a selected portion of appropriate reading material for the course, such as Art Since 1900, Vol. 2 (Foster, Krauss, Bois, Buchloh, “1960,” pp 445-449) if this were published in CAA’s Art Bulletin or Art Journal? Which illustrations would have to be used only with permission, and which could be used under fair use?
- For graduate students in modern or contemporary art: Imagine you are organizing an online exhibition of paintings by 20th-century artists. Lead a discussion about asserting fair use in publishing these images.
N.B. for Assignments #3 and 4, introduce the topic of artist estates and artist representatives, such as ARS and VAGA. (Lists of artists represented by these agencies can be found on their respective websites.) What are the additional challenges if images are by artists represented by their estate or by ARS or VAGA?