The biggest news on federal support for the arts is a lack of news. Following the 16-day shutdown in early October, the federal government was reauthorized at last year’s budget levels (post-sequester) until January 15. Which means we get to do this all over again in just a month and a half! Woohoo!

Congress has had its share of squabbles over NEA funding in recent years, but it remains remarkably steadfast in its support for the National Gallery of Art. It increased the Gallery’s federal appropriation by a whopping 70 percent between 2001 and 2011– not exactly a kind decade for arts funding. The secret to the National Gallery’s success? The original act of Congress that required the federal government to “provide such funds as may be necessary for [its] upkeep . . . administrative expenses and costs of operation.”

Meanwhile, in a decision some are hailing as a “huge victory for online innovation,” a federal judge ruled that Google’s scanning of more than 20 million books counts as “fair use” under copyright law – meaning, among other things, that the company need not compensate writers or publishers for making very short excerpts available on the Web. The Authors Guild plans to appeal.

Finally, the U.S. has lost its voting rights at UNESCO, two years after ceasing payment of dues, then 22% of the organization’s budget. National Security Adviser Susan Rice called the outcome shameful, urging Congress to amend the law that bans support of organizations that recognize Palestine as a nation-state. The withdrawal of voting rights is also automatic under UNESCO rules, but it may still endanger the U.S.’s applications for World Heritage status for sites like Poverty Point in Louisiana and Spanish missions in San Antonio.

STATE AND LOCAL

According to Jay Dick of Americans for the Arts, the results of the off-year election contests in Virginia, Boston, St. Paul, and Dayton, OH, among other places bode well for the arts, with several new pro-arts officials taking power. In New York City, Mayor-elect Bill de Blasio acknowledged the importance of the arts to the city by including several arts leaders in his newly-appointed transition committee. In other Big Apple news, the City Council held a public hearing on a proposed bill that would require the Department of Cultural Affairs to develop a cultural plan by 2015. Advocates believe this could coordinate cultural resources across agencies, increase available resources, and help keep artists in the increasingly-expensive city.

In other local election news, after fifteen years of attempting to find private funding for a performing arts center, the Myrtle Beach arts community won a victory at the polls this month when 54% of residents supported higher property taxes to raise the necessary $10 million. The City Council must still decide to undertake the project, but now “the rubber has met the road.”

The Kansas Creative Arts Industries Commission, despite having its budget slashed to the bone in the most recent budget session, has been approved for $560,800 in federal matching funds from the NEA after losing out on that match for two years. The restored federal match unlocked further funding from Kansas’s regional arts agency, the Mid-America Arts Alliance. It’s unclear how the most recent budget shenanigans will affect the situation with the NEA. To raise additional funds, the Commission is trying an arts license plate scheme to replicate the success of a similar initiative pioneered in California. Speaking of California, that state’s Arts Council managed to get a donation check box back on income tax forms for 2013, although the name has been changed from the “Arts Council Fund” to “Keep Arts in Schools Fund.”

INTERNATIONAL

Our friendly neighbor to the north has made it a lot harder for American musicians to perform in small venues. The Canadian government recently established a new fee and permit system for musicians and performing artists visiting from outside of country. Interestingly the fees apply only to artists seeking to perform in bars or restaurants – and both the artists and the hosting establishment have to pony up the funds.

Across the Atlantic, Scotland deserves major props for a) unveiling its first national Youth Arts Strategy (with £5m of funding to boot);  b) releasing aforementioned strategy as a graphic novel; and c) offering open feedback sessions to arts professionals and interested public as a precursor to the April 2014 release of Creative Scotland’s 10-year strategic plan and funding program. The new initiatives coincide with a significant staff restructuring at the agency. Meanwhile, the UK as a whole has just relieved producers of the burden of health-care contributions for entertainers they employ, though it is not yet clear whether this will lead to higher salaries for artists, larger production budgets, or simply smaller losses for backers. Shocker alert: producers and Equity feel differently on the matter.

Speaking of British arts agency planning documents, Chris Unitt went through the just-released second edition of Arts Council England’s strategic framework to see where digital technology fits in. There’s a heavy emphasis on using digital tools to reach new (i.e. international) audiences; less about using them to create new work or collaborate with other artists.

Australians have elected a new government to be led by Coalition, the country’s mainstream conservative party. George Brandis, arts spokesman for Coalition, has announced the party’s arts platform, which condemns an alleged tendency to reward “inwardness, mediocrity and political correctness” and emphasizes excellence, integrity, and artistic freedom. (Under the recent Labor government, arts industries in Australia had been receiving bipartisan support with a broad, positive impact on cultural production.) Brandis claims that the country should return to funding excellence in the arts, criticizing the Labor party for using arts to advance a social agenda.

Not to end on a down note, but freedom of expression difficulties continue in the Middle East. Qatari poet Mohammed Al-Ajami’s 15-year prison sentence for reciting on YouTube a poem celebrating the Arab Spring was upheld by the country’s Supreme Court, although his family can make a final appeal to Qatar’s Emir. Despite pressure from the international community, Al-Ajami is being held in solitary confinement as a potential insurgent. And in Egypt, comedian and talk show host Bassem Youssef, considered the country’s closest analogue to Jon Stewart, had his show suspended after just one episode amid alleged pressure from the country’s new military government.

• The public has spoken: polling released in late September shows 75% of Detroiters oppose cutting pensions and 78% oppose selling artwork from the Detroit Institute of Arts to ease the city’s financial troubles. Meanwhile, the DIA is pitching a long-shot plan to Michigan Governor Rick Snyder that would direct significant state funding to the museum – possibly in exchange for the city’s relinquishing ownership.
• Is Philly’s status as a world-class cultural city at risk? The Philadelphia Inquirer explores the potential impact of sharp cuts in private and public funding in a city where arts tourists outnumber sports tourists 4:3.
• Washington, DC may be paralyzed over ObamaCare, but you don’t have to to be: Fractured Atlas follows up on its infographic guide to ObamaCare for artists with a similar guide for small business owners. And the Future of Music Coalition has announced a new website designed to be a comprehensive resource on the implications of the Affordable Care Act on artists. There’s even an artist-friendly hotline.
• In an interview in The Atlantic Cities, Austin Mayor Lee Leffingwell talks about how the city benefits from – and has to adapt to – the huge festivals that undergrid its cultural economy.
• “Be A Creator” enters California elementary schools later this year as a pilot program designed to teach K-6 graders that sharing other people’s ideas and artwork without permission is stealing. The Center for Copyright Infringement (CCI) prepared the curriculum in conjunction with the California School Library Association and the Internet Keep Safe Coalition to address online piracy by educating the young. Detractors claim the curriculum is just “thinly disguised corporate propaganda.”
• Meanwhile, voluntary agreements held by the entertainment, advertising and internet industries to address issues of content piracy are apparently going well, according to testimony from a recent Congressional hearing. That’s good news following the controversy over the SOPA and PIPA bills last year. However, notably missing from the hearing were independent labels and the artists themselves.

MUSICAL CHAIRS

• The Kansas Arts Foundation, established after Governor Sam Brownback abolished the Kansas Arts Commission in a controversial and unsuccessful attempt to eliminate state art funding, has named Karen Lane Christilles its first Executive Director.
• Lois Lerner, embattled head of the IRS tax-exempt organizations division, has retired after bearing the brunt of the blame for the recent scandal involving targeted investigation of Tea Party-related organizations. A review board that was about to propose she be fired alluded to “neglect of duties” during her 12-year tenure at the agency, which raises an interesting question: is Lerner just a political scapegoat or has the IRS’s nonprofit unit actually been mismanaged for years?

ALL ABOUT THE BENJAMINS

• Copper heiress Huguette Clark’s will established an arts foundation and bequeathed it her $100m California estate to showcase her art, but other aspirants to Clark’s $400m fortune have taken to the courts.

IN THE FIELD

• New York’s 70-year-old City Opera is closing its doors following a decade of deficits, an unsuccessful campaign to avert bankruptcy and, according to Mayor Bloomberg, “a business model [that] doesn’t appear to be working.” Michael Cooper and Robin Pogrebin provide the most in-depth reporting on the institution’s final days and just how precariously it held on to life up to the final act.
• How many stagehands do you need in a new education space? Carnegie Hall’s opening night gala was abruptly canceled in the wake of a union dispute over jurisdiction of Carnegie’s still-under-construction education wing. The feud is raising eyebrows, particularly given that five of Carnegie’s top ten earners are stagehands, each earning more than $300,000 apiece.
• In an interview with Ellen McSweeney, Cynthia Cyrus of the Blair School of Music discusses the role of MOOCs in music education and the challenges posed by murky copyright law.
• Two great examples of museums keeping pace with changes in the education sector: the Museum of Modern Art recently wrapped up its first MOOC on museum teaching strategies, and reflects on how it went. The American Museum of Natural History, meanwhile, graduated its first class of science teachers, thanks to a federal grant that made it the first (and maybe not the last) museum in the nation to offer a full teacher prep program.
• Perhaps not such a great example of a museum keeping up with the times: New York’s Metropolitan Museum of Art recently offered a Groupon “deal” for an $18 admission voucher. The only problem? Entry to the museum is supposed to be free five days and two nights a week. This bit of deceptive advertising appears to be just another episode in the institution’s shady history of misleading visitors about its pricing structure.
• The now year-long labor dispute at the Minnesota Symphony Orchestra has prompted both celebrated music director Osmo Vänskä and composer Aaron Jay Kernis to resign, dealing a major blow to the future of the organization. The question that remains is whether the board will try to rebuild the 110-year-old orchestra or the musicians will strike out on their own.
• Meanwhile in Germany, the Berlin Philharmonic has led a massive country-wide strike to protest further decreases in job opportunities for orchestral musicians.
• British museums are adjusting to a world with less public funding. The Museums Association recently released its annual review, finding that nearly a third of survey respondents have had to cut staffing, replacing many of the positions with volunteers and interns. Interestingly, museum attendance is at an all time high.

BIG IDEAS

• David B. Pankratz reports out on a few ideas about research generated at Americans for the Arts’s National Convention back in June: better link research to policy, create pathways for young researchers to study the arts, expand the focus of research beyond nonprofit arts, and more speed dating, among others.
• At WorldFuture 2013 (the best-named conference around), Nicholas Negroponte, founder of the One Laptop Per Child project and co-founder of MIT Media Lab, described four different ways to see the future. In this post Elizabeth Merritt applies the theories to attempt to forecast the future of museums.
• Clayton Lord celebrates the recent Arts Dinnervention with a week’s worth of posts from himself and three other participants. Linda Essig joins in the conversation.

RESEARCH CORNER

• Where have all the theater nerds gone? The National Endowment for the Arts’s latest survey of public participation in the arts is out, and reports a nine percent drop in musical theater attendance and twelve percent drop in play attendance since 2008 – but greater participation by the young in arts festivals and by non-white and Hispanic Americans in art performances broadly. 
• Chris Unitt examines a a new report from the UK’s Culture 24  documenting the second phase of its action research project on “understanding and measuring digital engagement” in the cultural sector.
• Also out of the UK, Ticketmaster has released the results of a survey of playgoing among the British, who are more likely to have attended the theatre than a concert or sporting event. Audiences skew younger and more experimental than you might expect – which means audience codes of conduct are shifting, too.
• Last month Capacity Interactive released its Performing Arts Digital Marketing Benchmarking Survey Study with some interesting findings to report. Perhaps not surprisingly, “the biggest obstacle for digital marketing success is lack of budget.”
• Theater Communications Group has released its annual Theater Facts 2012 report, authored by the folks from the National Center for Arts Research. It’s possible to spin the news a few different ways, but what’s clear is that in many key areas, things are starting to look like they did before the recession: revenue is up, subscriptions are up, income from single-ticket sales is up. The full report is here.
• New neuroscience research finds adults with musical training perform better on tricky cognitive tests than those with little to no experience playing an instrument. And creativity in music doesn’t just happen randomly; freedom, flexibility, time and “being in the moment” are the key elements needed, according to a new study led by John Rink, professor of musical performance studies at Cambridge University.

More than nine months after former chair Rocco Landesman announced he was stepping down, the search for a new National Endowment for the Arts chairperson has stalled – just in time for the fall budget debates to ramp up in earnest. Sphinx Organization founder and president Aaron Dworkin confirms in the article that he was one of the candidates considered for the position earlier this year. Former NEA Senior Research Officer Joanna Woronkowicz tells us not to worry about the delay. Meanwhile, remember that kerfuffle last year about how Kickstarter was on track to provide more funding for the arts than the NEA? Well, not that this is a surprise, but by now it’s actually happened.

The United States cut off its support of Unesco in 2011 after the international cultural agency recognized the Palestinian Authority as a member nation. The measure was required by U.S. law, but was never supported by the Obama administration, which is now trying its darndest to be supportive of Unesco anyway.

STATE AND LOCAL

At long last, we have had a good year for state arts agency funding. With the economy rebounding and the pall of uncertainty lifting over state budgets, a number of arts councils have managed to claw back a measure of compensation for the dramatic cuts endured over the last four years, though there is still a long way to go. State arts budgets in the aggregate are up nearly 11% or $30 million, the largest nominal dollar increase in over 13 years. Notable success stories from this fiscal cycle include:

• Texas, whose Commission on the Arts got nearly double its appropriation from last year;
• Delaware, which received $1.6 million for a new Arts Trust Fund to provide general operating support for large institutions;
• Arizona, which eked out $1 million in general fund appropriations for its Commission on the Arts for the first time in three years;
• Florida, continuing its climb back to relevance with $5.7 million in new funding, mostly from line items;
• Michigan, also continuing a remarkable climb back from near-death with the second year in a row of multi-million-dollar increases;
• and South Carolina, whose arts commission defeated a gubernatorial veto for the fourth time in four years and on top of that got a hefty 52.4% increase.

California arts advocates did not succeed in dramatically changing the landscape for the California Arts Council, but at the last moment Assembly Speaker John Perez ensured a nearly $2 million increase to the agency’s coffers, bringing California out of the cellar as the cheapest state supporter of the arts on a per-capita basis. Other states with notable increases included Arkansas, Colorado, Illinois, Maryland, Massachusetts, Minnesota, Montana, Ohio, Utah, and Vermont.

Not all the news was good for state arts advocates, though. The Kansas Creative Arts Industries Commission, only a year after coming back from being the first state art agency to be vetoed out of existence, has now been slashed almost entirely to the bone again with a paltry appropriation of $200,000, the lowest in the country. Arts councils in Tennessee, Louisiana, Rhode Island, Connecticut, West Virginia, and Wyoming also endured double-digit cuts.

In other state news, a tale of two tax policies: Rhode Island is eliminating taxes on the sale and purchase of artwork, while North Carolina is introducing a new 4.75% “privilege tax” for “admission charges to any live performance or event, any movie screening, any museum, cultural site, garden, exhibit, art show or guided tour.” The North Carolina tax applies to both nonprofit and commercial groups but carves out a number of confusing exemptions for certain festivals, state-supported museums, etc.; basically it sounds like terrible legislation. With that kind of environment, it will be interesting to see if the state extends its sunsetting film tax credit beyond 2014.

INTERNATIONAL

My goodness, the blows just keep coming for arts funding in England. The cuts to Arts Council England over the past few years were bad enough, but it turns out that local funding for the arts will fall another £124 million next year, even though local government budgets in general are up!  Better to be an artist in Britain than Portugal, however, which eliminated its ministry of culture two years ago and shows what happens when you pull the rug of government funding out from under a society that has no tradition of private philanthropy.

The giganta-budget West Kowloon Cultural District Authority in Hong Kong is running into trouble, with construction costs (surprise!) almost double the amount originally planned. The authority has decided to postpone seeking an additional $3.2 billion (I told you it was giganta-budget) payment from Hong Kong’s Legislative Council, presumably until things are in better shape.

Three profiles of new/new-ish culture heads: in Canada, Shelly Glover is settling into her new role as Minister of Canadian Heritage and Official Languages; in France, embattled French Culture Minister Aurélie Filippetti presides over $3.2b in government spending on culture, which is down 2.8% from last year. France also has gone ahead and ended the “three strikes” provision of its copyright enforcement policy. Finally, Ines Abdul-Dayem is the new culture minister for Egypt. She has quite a story: earlier this year, she was dismissed from her post as head of the Cairo Opera House along with many other cultural officials by Alaa Abdel-Aziz, the man she is now replacing. In June, though, “artists stormed the Ministry of Culture and began an open-ended sit-in to demand the removal of the [now former] minister and the revocation of his decisions.” Shortly thereafter, following the ouster of president Mohamed Morsi, Abdel-Aziz resigned his position.

• “Kansas arts agencies have been on hold several months, waiting for a clue as to how state dollars allocated by the 2012 Legislature might translate into an economic boon to arts programs.”
• The recent public arts funding update had some grim news from the UK. Here’s one possible reason: an annual study reports that donations to charity fell by a whopping one fifth in 2011-2, though the eye-popping numbers have come in for some scrutiny. Whether true or even just a little bit true, politicians’ assurances that private giving would make up for cuts to Arts Council England and other public bodies have seemingly turned out quite empty indeed.
• Isaac Butler makes some very good points on the copyright implications of the news that Disney is buying Lucasfilm for over $4 billion:
  

  What this means is that Disney is hoarding up the closest thing 20th and 21st century culture has to folk tales and mythology, and locking them up in a safe where we can’t touch it without getting sued. As artists, we should be deeply troubled by this.

MUSICAL CHAIRS

• Victoria Hamilton has moved on from her post as founding executive director of the San Diego Commission for Arts and Culture.

ALL ABOUT THE BENJAMINS

• Why we need arts policy: multi-millionaire financial mogul, founder of a mysterious firm that makes its money executing high-speed trades to exploit market arbitrage opportunities, has left his day job to focus instead on establishing “free art schools in Anguilla, the Dominican Republic, Pennsylvania, Sri Lanka and Thailand” to teach poor students the craft of photorealistic painting. Said donor thinks this is going to “change the art world” and is developing luxury hotels to put alongside the schools.

IN THE FIELD

• It’s not just nonprofits that have suffered from Hurricane Sandy; Broadway’s losses are estimated at $8.5 million (Book of Mormon still sold out though). Things are rapidly improving in Chelsea, though they are not out of the woods. The Art Dealers Association of America, the New York State Council on the Humanities, the Robert Rauschenberg Foundation, the Lambent Foundation, and the Andy Warhol Foundation for the Visual Arts have all stepped up to help out, and there is a more general New Jersey Recovery Fund as well.
• Cool post from CEOs for Cities listing ten (relatively) simple creative placemaking ideas aimed at enlivening city streets. And Toronto-based Artscape has developed an online toolkit for DIY creative placemaking (h/t Greg Baeker, via Thomas Cott).
• It seems like there’s recently been a spate of articles plumbing the depths of musicians’ finances to a level we rarely see. Franz Nicolay (indie rocker, formerly of the Hold Steady, briefly a coworker of mine) has always been remarkably open about such matters, and a recent blog post of his lays out exactly how much he made (and didn’t) during his years of highest public profile and since.

BIG IDEAS

• I was totally going to write a post-election blog post that was all like, “are arts organizations the Republican Party of the creative economy?” and then Trevor O’Donnell went and did it for me.
• Michael Kaiser has caught a fair amount of flak from arts managers of my generation before, but I suspect they’ll be pleased with this column of his.
• More evidence of Nina Simon’s awesomeness: she’s designing a You Can’t Do That in Museums summer camp (tagline: “You Can. We Will.”) to be held in Santa Cruz next July.
  

  This camp will be a 2.5 day event at which participants work in teams with pre-selected permanent collection objects to create an exhibition full of intriguing, unusual, risky experiences. If you’ve ever wanted to design an object-based exhibit that really pushed the boundaries, this is the event for you. Registration will be $150 and by application only. We will also offer a half-day series of workshops on July 10 for a wider audience for $50. Yes you can sleepover at the museum to heighten the insanity and reduce the cost. No you don’t have to be a museum professional to participate. Yes you can apply now. Please do.

• And here’s Nina’s TEDxSantaCruz talk on opening up museums (with her own as Exhibit A).

CONFERENCES AND TALKS

• Last year, I went to the Independent Sector conference on scholarship from the Ford Foundation and had a great experience learning from my peers across the nonprofit space. I wasn’t able to attend this year, but Nonprofit Law Blog’s Gene Takagi went and brings us this report in two parts.
• National Arts Strategies is posting a bunch of videos in connection with the Salzburg Global Forum for Young Cultural Leaders – interviews with the young leaders themselves, as well as more established folk like Diane Ragsdale.

RESEARCH CORNER

• Is there a link between creativity and mental illness? A new study suggests yes, but this fantastically thorough analysis by Keith Sawyer urges skepticism of the results.
• The Native Arts and Cultures Foundation has released a report recapping a 2011 convening called “Strengthening the Bones.”
• Phil Buchanan speaks the hard truth: “For Markets For Good to result in meaningful change, a big part of the emphasis must be foundations stepping up and supporting the development of good, credible data and robust nonprofit performance management systems.”
• The Foundation Center has re-launched IssueLab, a repository for research of all kinds within the nonprofit sector.
• The first studies funded through the NEA Art Works: Research program are starting to come out. Here’s one about the link between arts participation and civic engagement in the 2002 General Social Survey. As always, correlation does not equal causation.
• Maria Rosario Jackson’s latest (and, presumably, last) publication for Leveraging Investments in Creativity explores artist-driven spaces in marginalized communities.
• Guy Yedwab demonstrates how it’s possible to create useful graphs from Fractured Atlas fiscal sponsorship data. Good call too to create budgets in the same format that you’ll have to report them in (for most people, this is the Cultural Data Project or something like it).

Today, a great victory has been won by everyone in the state of Kansas who loves the arts. The Governor this morning signed the budget, which includes $700,000 for the newly-created Kansas Creative Arts Industries Commission.

Advocates from all corners of the state spoke – and spoke loudly. Our voices have been heard. A big thank you goes to all of you who have helped spread the word through your communities and to your elected officials about the importance of public arts funding in all of our lives.

Congratulations to all on a job well done.

Thank you for your support of the arts in Kansas.

That’s from Kansas Citizens for the Arts, which led what can only be termed a phenomenally successful advocacy campaign to bring arts funding back to Kansas. A campaign that forced a sitting governor to beat a very public retreat from the idea of removing the arts from government in one of the nation’s most conservative states.

The new Kansas Creative Arts Industries Commission represents a merger with the state’s Film Services Commission, and the combined total for the new agency is essentially the same as what the arts commission alone was working with before all the controversy. But even so, arts advocates have occasion to celebrate this year, along with Sarah Fizell and the rest of the folks at KCA. In fact, if anything, this is an even bigger win for the rest of the US than it is for Kansas. For years, conservative ideologues have been trying to kill funding for the arts at the state level, but the threat of losing matching federal funds from the NEA had always held them in check. So finally, one governor follows through and eliminates funding entirely, and he gets lambasted mercilessly for it all year and has to reverse his stance in the very next budget. What does that say to the next governor who might be thinking about following Brownback’s lead?

It says you don’t want to mess with arts funding.