COOPERATIVES FOR THE PERFORMING ARTS: A PROSPECTUS

The author describes research that addresses the problem of organizational change associated with the use of new information and communication technologies. The author focuses on the change processes associated with the use of the World Wide Web by cultural heritage organizations: archives, galleries, libraries, and museums. This research note outlines the research problem and the theoretical perspectives and research methodologies to be used in the research.     

The United Kingdom's Immunity from Seizure Legislation

The UK's Department for Culture Media and Sport (DCMS) has introduced legislation to provide immunity from seizure for cultural objects on temporary loan from other countries to approved museums and galleries in the UK. The legislation is aimed at facilitating the cross-border lending of objects and bringing the UK into line with other countries such as the United States, France and Germany, that already afford such legal immunity. In the absence of immunity legislation in the UK, many museums and private lenders had been reluctant to loan their objects because of the risk that they might be seized by creditors seeking to settle financial disputes or by claimants contesting ownership of the works. This article examines whether the new law will be effective to provide museums and lenders with the protection they have been hoping for and asks whether it goes too far in depriving claimants of legal rights and remedies.     

Can Audience Development Promote Social Diversity in German Public Arts Institutions?

Despite generous public funding, arts institutions in Germany are primarily serving a small, educated section of the German population. This article presents findings from arts participation surveys, research from an empirical study on “Intercultural Audience Development” in public theaters and museums, and an analysis of cultural policy debates to reveal the role of audience development in overcoming the social imbalance of audiences in German cultural institutions. Research findings suggest that traditional concepts of audience development do not lead to sustainable changes in the social structure of the audience. More substantial institutional changes are necessary, supported by new cultural policies.     

The orphan works dilemma and museums: an uncomfortable straitjacket

LEGAL CONTEXT: Orphan works are copyright works where the right holders cannotbe found. Without the consent of the right holder, a user facespotential liability for the unauthorized use of the work. Museumshave a duty to make cultural materials available to the public.However, the orphan works problem may pose obstacles to thenormal functioning of a museum. This article explores the problemof orphan works as it pertains to museums. KEY POINTS: Legislative solutions are being considered in addressing theproblem of orphan works in the United States. The museums, asa lobbying group, initially advocated for a safe-harbour rule.The U.S. Copyright Office recommended a limitation on remediesrule. Any legislative solution tackling the orphan works problemmust balance the benefits of using orphan works against theexclusive rights of creators. PRACTICAL SIGNIFICANCE: This article will inform readers of the orphan works problem.In addition, the lobbying efforts of the museums in trying toobtain desirable legislation are explored. By understandingthe various interests involved, readers can better anticipatethe possible orphan work solutions that the United States mayadopt.     

Globaloney: Economic Versus Cultural Convergence Under Conditions of Globalization

Using the theory of the commons and social obligation theory of inclusion, this article critically examines current art museum fundraising practices in the United States that rely too much on traditional White, wealthy patrons. This leads museums to emphasize the limited interests of traditional donors, neglecting the needs of and potential support from their broader communities. This results in the tragedy of the anticommons, where museums are underused by diverse publics. The article advocates for more inclusive relationship-based fundraising practices that build relationships with local community members and include their perspectives on fundraising practices through diversifying fundraising leadership, understanding diverse giving patterns, and utilizing innovative fundraising methods while remaining sensitive to cultural differences.     

公民型政府:变革时代的政府样态选择

在变革时代,科技的发展、文化的交融、社会风险的增加、公民社会的发展与壮大、治理时代的到来等为政府样态的选择提供了崭新的时代背景,为了适应这一时代背景,避免政府出现不适、紧张甚至"失败",公民型政府以其模式的参与性、目标的服务性和执政的高效性在变革时代的政府治理中成为了政府的样态选择。本文通过对变革时代特点的梳理以及对公民型政府特征的分析,论述了公民型政府作为变革时代政府样态选择的应然性。     

Climate Change: Legal Developments on Many Fronts

A dynamic set of diplomatic, political, and cultural forces is driving action on global climate change in many legal arenas. These include novel multi-state compacts to regulate certain emissions of greenhouse gases (GHGs), vigorous legislative initiatives by the new Congressional leadership, judicial actions seeking damages and injunctive relief, and private sector responses to the potential new liabilities and obligations associated with climate change. In this environment, pressure is mounting on the federal government to abandon its policy of encouraging voluntary reductions in greenhouse gas emissions and to adopt programs that will impose mandatory and uniform national emission requirements.     

The Impact of Independent Directors on Organizational Effectiveness in Monetary and In-Kind Stakeholder Dialogue Museums

This study investigates the issue of stakeholder dialogue in the context of art museums. We propose and empirically test the existence of two different kinds of stakeholder dialogue: monetary and in-kind. By relying on a sample of 70 US art museums during the 2007–2010 period, we show that high monetary and high in-kind stakeholder dialogue museums are significantly different. In particular, we test the impact of the number of independent directors on fundraising activity and board monitoring. We find that a higher number of independent directors leads both to better monitoring and to improved fundraising activity, with the effect being stronger for monetary stakeholder dialogue museums.     

Exploring the Link between Mentoring Program Structure & Success Rates: Results from a National Survey

Though mentoring has emerged as a promising and low-cost intervention for at-risk youth in recent years, the scientific knowledge base on the topic remains under-developed. The current study augments the knowledge base on youth mentoring by analyzing programmatic elements of mentoring programs situated in or adjacent to the juvenile justice system that are predictive of participant success. Poisson regression was utilized to analyze data collected through a national mentoring community saturation survey. Findings indicated that mentoring programs that require more frequent interaction and sustain relationships for longer timeframes realize higher success rates. Similarly, the use of formal mentor training was also observed as indicative of the use of evidence based practices and higher success rates, though likely beyond the logistical and fiscal reach of some local mentoring initiatives. The implications for further research and the mentoring community are discussed.     

Moral Rights in the Digital Age: New Possibilities for the Democratization of Culture

This paper is concerned with the impact of digital technology on the moral rights of authors. The ability to reproduce, modify and redistribute artworks through information technology has made it extremely difficult for authors to monitor the use of their works and, where problems arise, to assert their moral rights. In spite of these difficulties, however, this paper argues that moral rights are actually growing in importance because of new technologies. It is precisely when the capacity to manipulate works is greatest that concerns about artistic integrity and the preservation of cultural heritage become most pressing. This paper suggests that technological change calls for a new approach to moral rights: the focus in the future should be on cooperative efforts between authors and their public to protect culture. Technology has the effect of 'democratizing' the relationship between author and audience by allowing the audience to participate more directly in the creative process with the author. Despite the potential threat to artistic integrity, this transformation should nevertheless be embraced by authors and artists for its positive implications for cultural vitality in the longterm.     

Social Media Engagement of Berlin and Prague Museums

ABSTRACT

Attracting visitors and engaging them effectively in the highly competitive and saturated environment shaped by Web 2.0 and online social networking forces museums to creatively and purposefully examine channels for extended interaction with audiences. This exploratory and comparative research aims to compare the state of social media strategies across museums of two regions and to identify the influence of applied strategies on users’ reactions. The surveyed sample considers 296 museums from two European capitals—Berlin and Prague—whose activity has been observed during a three-month period. The findings identify the differences in the approaches of museums and suggest that the frequency and characteristics of published messages correlate to the level of fan reactions, facilitating targeted relationship-building possibilities with online audiences. They further imply that the museums can influence the engagement of visitors by focusing on the particular properties of their posts, both in the sense of post structure, media application, and underlying semantic features.     

An early twentieth-century skeleton collection

The collecting of human remains for study in museums and medical schools has been a vital scientific endeavor for many years. In some cases, such as the fetal and neonatal skeletons discussed, surreptitious dealings were involved. However, one must consider the attitudes that prevailed at the time, the high rate of fetal and infant mortality, and the blossoming role of museums as repositories of knowledge.     

International Whale Conservation in a Changing Climate: The Ecosystem Approach,Marine Protected Areas,and the International Whaling Commission

Abstract

Whale populations are exposed to a suite of contemporary threats, including by-catch, ship strikes, habitat degradation, and climate change. Of these threats, climate change presents the most challenging management dilemma because it pressures whale populations directly (e.g., by altering habitat suitability) and indirectly (e.g., by increasing disease transmission and exposure to toxicants, by affecting prey abundance, and by exacerbating other threats). There is also an emerging scientific understanding of how healthy whale populations constitute an important biological component of the climate system and contribute to climate change mitigation. The International Whaling Commission (“IWC”), which is the primary international organization dedicated to whale conservation and management, has investigated and studied climate change but has failed to develop a commensurate management response. Conversely, parallel developments in international wildlife conservation and management evince support for an integrated and holistic ecosystem approach (“EA”) and urge the immediate development of climate-adaptive measures. The EA has been operationalized in prominent legal instruments and through various management techniques, including marine protected areas (“MPAs”). In view of observed and predicted effects of climate change on whales, this article proposes a new approach to designating and protecting whale sanctuaries at the IWC that better aligns with a contemporary understanding of the EA and MPAs, and that can advance the IWC’s institutional transition towards climate-informed modernized management. This proposed innovation is tested for its legal permissibility and political feasibility, and the analysis concludes that improving the IWC’s regulatory functionality remains a crucial conservation objective.     

Managing the People: Art Programs in the American Depression

How do “classical” big art institutions (museums, the ballet, the opera, symphony orchestras) react to phenomena of globalization such as migration flows, the “denationalization” of artistic movements, the enormous growth of the number of artists, the trend of a global cultural branding of cities, etc.? And which cultural policies do governments develop to interfere in the relationship between those art institutions and their changing environments? Those were the central questions I asked while doing research about the position of art institutions in society today. The research concentrated on a very diverse sample of big art institutions in Europe. The research begins with the insights of Actor Network Theory and the political philosophy of Antonio Negri and Michael Hardt and leads to an ideal typical two-dimensional model to classify the possible strategies that such institutions and their responsible governments can use on the local, national and international level.     

Renewing Criminalized and Hegemonic Cultural Landscapes

The Mafia’s long historical pedigree in Mezzogiorno, Southern Italy, has empowered the Mafioso as a notorious, uncontested, and hegemonic figure. The counter-cultural resistance against the mafiosi culture began to be institutionalized in the early 1990s. Today, Libera Terra is the largest civil society organization in the country that uses the lands confiscated from the Mafia as a space of cultural repertoire to realize its ideals. Deploying labor force through volunteer participation, producing biological fruits and vegetables, and providing information to the students on the fields are the principal cultural practices of this struggle. The confiscated lands make the Italian experience of anti-Mafia resistance a unique example by connecting the land with the ideals of cultural change. The sociocultural resistance of Libera Terra conveys a political message through these practices and utters that the Mafia is not invincible. This study draws the complex panorama of the Mafia and anti-Mafia movement that uses the ‘confiscated lands’ as cultural and public spaces for resistance and socio-cultural change. In doing so, this article sheds new light on the relationship between rural criminology and crime prevention policies in Southern Italy by demonstrating how community development practice of Libera Terra changes the meaning of landscape through iconographic symbolism and ethnographic performance.     

试论劳教所文化教育模式的建立与完善

新的劳动教养管理模式要求有相应的文化教育模式,文化教育模式的建立与完善是在明确教育目标的前提下体现在文化教育实践中。文化教育模式的建立与完善需要在观念、制度和物质上得到保障。     

Let's Talk about Climate Change: Disclosure Is Coming

In this article, I review the newly released draft ASTM International standard on climate change disclosure. Many parties, from investors to state agencies, are calling for a consistent, comprehensive approach to disclosure of material financial impacts attributed to climate change. Disclosures range from costs associated with compliance to new laws to more general risk management strategies adopted by corporations. This article summarizes some of the key features of the draft standard and encourages participation in the development process.     

The Control of Police Powers

This article points to a frequent feature in debates about the control of the police. Aside from cultural and political characteristics in the last decades, policing has changed and at present it is going through a stage of rapid change. The author defines the historical roots of police in democracies. He places the police within the framework of the sovereign state, the administration, the judiciary and the citizens. The state's control of police powers is described in its interdependency with new demands on the part of citizens regarding micro (domestic sphere/neighbourhood/community) and macro (urban sphere/state/European) levels. On a European scale, the article provides an oversight over the existing network consisting of internal, administrative, parliamentarian, judiciary, and civil (non-government/social movements) control agencies and mechanisms. In its conclusions the concept of ethical standards is introduced as a means of effective high-quality police management.