Art Law

• Author: Jeffrey Lehman, Shirelle Phelps

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The Framers of the Constitution acknowledged the importance of the arts when they wrote that Congress shall have the power "[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" (Art. I, § 8). Despite this provision, or perhaps because of its very limited nature, the federal government offered little assistance to artists until the 1930s. Early unsuccessful attempts to aid the arts included an effort by President JAMES BUCHANAN to establish the National Commission of Fine Arts, a project that failed within a year when Congress did not appropriate funds. President THEODORE ROOSEVELT also encountered a reluctant Congress half a century later when he proposed the Council of Fine Arts, but success came when his successor, WILLIAM HOWARD TAFT, persuaded Congress to create the National Commission of Fine Arts.

Even after the National Commission of Fine Arts was established, the federal government continued to play a minor role in funding the arts, but several municipal programs attempted to fill the void. In New York City, the Civil Works Administration (CWA) sponsored paintings, murals, and art education. The primary goal of the CWA was to create employment for artists receiving government relief. With the only requirement for employment being an assertion that the applicant was an artist, the art produced under the CWA was often the work of unskilled amateurs.

Federal funding for the arts took off during the Great Depression with the creation of the Federal Art Project, a branch of the Works Progress Administration (WPA). The Federal Art Project was modeled on some of the earlier municipal attempts but avoided their problems by emphasizing the production of works of high technical competence, utilizing defined hiring guidelines, and encouraging creativity and experimentation. The Federal Art Project paid a security wage, an amount that was calculated to fall between the prevailing wage and the relief grants of the region involved and was graduated according to skill level. The WPA spent $35 million on the Federal Art Project and supported the production of approximately 1,500 murals, 18,800 sculptures, and 108,000 paintings as well as other works of art. The onset of WORLD WAR II effectively ended the WPA.

In the COLD WAR era following World War II, the federal government funded cultural exchanges to promote diplomatic ends. The major cultural institutions were located primarily in large cities, such as New York, Los Angeles, Chicago, and Boston. In 1965, only five state arts agencies existed. The quality of performances and exhibitions was inconsistent, and support for the best art depended on the discretion and charity of a few patrons. As a result, opportunities for artists were limited, and rural audiences had few chances to see the best productions or visit outstanding exhibitions.

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Lucile Lloyd puts the finishing...