The Graphic Artists Guild (GAG), together with National Press Photographers Association (NPPA), American Photographic Artists (APA), American Society of Media Photographers (ASMP), PACA Digital Media Licensing Association, and Professional Photographers of America (PPA), has published a letter addressing concerns with the US College Art Association’s “Code of Best Practices in Fair Use for the Visual Arts.”
Specifically, the letter contests a major conclusion of the study, that “copyright acts primarily as a barrier, encouraging self-censorship; and that artists are in an adversarial relationship with the marketplace.” The letter points out that artists only seek fair compensation for their work, and that the study fails to educate its audience on options for licensing work. The letter also notes that the study does not address commercial applications of fair use made by museums and non-profits in the creation of objects and coffee table books for sale. Lastly, the letter expresses the dismay of the organizations that none were invited to particpate in the study groups leading up to the creation of the Code.
Some of the weaknesses identifed in the study include incorrect assumptions of industry practices, misplaced recommendations and the inclusion of personal opinion as factual information. The letter concludes that “Without participation from all of the stakeholders in the visual arts community there can be no consensus, let alone a set of 'Best Practices in Fair Use for the Visual Arts'. As developed, rather than 'providing a practical and reliable way of applying' copyright law and fair use, the document creates far more misconceptions than it resolves and encourages misappropriation of copyrighted work rather than the practice of due diligence and licensing.”