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Artist Philanthropist the artist as philanthropist strengthening the next generation of artist-endowed foundations a study of the emerging artist-endowed foundation field in the U.S. study report supplement 2013 the artist as philanthropist strengthening the next generation of artist-endowed foundations a study of the emerging artist-endowed foundation field in the US study report supplement 2013 Christine J. Vincent, Study Director Study Committee Alberta Arthurs Charles C. Bergman James T. Demetrion Lowery Stokes Sims James Allen Smith Stephen K. Urice Study Report published 2010. Study Report Supplement published 2013. www.aspeninstitute.org/psi/a-ef-report The views expressed are those of the authors and are not of the Program on Philanthropy and Social Innovation or the Aspen Institute, its trustees, or its funders. The Aspen Institute’s Program on Philanthropy and Social Innovation (PSI) seeks to inform and maximize the impact of grantmaking foundations, nonprofit organizations, social enterprises, and public-private partnerships through leadership development initiatives, convenings, and communications so that each can contribute to the good society at home and abroad. The Program’s theory of change rests on the premise that if their leaders have clarity about their values, are collaborative in their approach to problem-solving, and are aware of the strategies and potential partnerships available to them, they are more likely to succeed in advancing the social good. The Aspen Institute is an educational and policy studies organization with a mission to foster leadership based on enduring values and to provide a nonpartisan venue for dealing with critical issues. The Institute is based in Washington, DC; Aspen, Colorado; and on the Wye River on Maryland's Eastern Shore. It also has offices in New York City and an international network of partners. © 2013 The Aspen Institute One Dupont Circle NW, Suite 700 Washington, DC 20036-1133 202-736-5800, fax 202-467-0790 http://www.aspeninstitute.org/ Published in the United States of America. The Artist as Philanthropist: Strengthening the Next Generation of Artist-Endowed Foundations TABLE OF CONTENTS: STUDY REPORT SUPPLEMENT 2013 Preface ................................................................................................................................................................................... i Acknowledgements .......................................................................................................................................................... iii Executive Summary ......................................................................................................................................................... xi Introduction .................................................................................................................................................................... xxi UPDATES TO VOLUME 1 PART A. FINDINGS: OVERVIEW OF THE FIELD 2.4 The Artist-Endowed Foundation Field: Field Dimensions – Updated ................................................... 3 2.4.1 Census of Artist-Endowed Foundations – Updated ................................................................. 15 2.4.2 Foundation Assets – Updated ........................................................................................................ 21 2.4.3 Charitable Purpose Disbursements – Updated ......................................................................... 31 2.4.4 Foundations and Associated Artists – Updated ......................................................................... 37 Appendix A.2 The Field B. Snapshot Profiles: Largest Artist-Endowed Foundations – Updated ........................................................... 43 Appendix A.3 Quantitative Profile of the Artist-Endowed Foundation Field A. Identified Artist-Endowed Foundations – Updated ....................................................................................... 113 C. Artist-Endowed Public Charities Identified During Research – Updated ................................................ 131 SUPPLEMENTS TO VOLUME II PART B. CONSIDERATIONS IN FOUNDATION PRACTICE Appendix B. Foundation Practice – Supplemental E. The Literature of Estate Planning As It Pertains to Visual Artists ............................................................. 141 PART C. COLLECTED BRIEFING PAPERS 9. Briefing Papers – Supplemental 9.8 Planning in Light of Trends 9.8.1 Foreword to Supplemental Briefing Papers .............................................................................. 149 9.8.2 Authors’ Affiliations ........................................................................................................................ 153 9.8.3 Incorporating in New York State: Forming Charitable .......................................................... 155 Organizations with Cultural and Philanthropic Purposes (James J. Fishman) 9.8.4 Artist-Endowed Foundations Holding Stock in Artists’ ......................................................... 161 Corporations: A Costly Arrangement (Jill S. Manny) 9.8.5 Statutory Copyright Termination and Artist-Endowed ......................................................... 169 Foundations (Lee-Ford Tritt) The Artist as Philanthropist: Strengthening the Next Generation of Artist-Endowed Foundations PREFACE The Aspen Institute’s National Study of Artist-Endowed Foundations, the first in-depth examination of private foundations created in the US by visual artists, was initiated in 2007 with the encouragement and support of a donor consortium led by Charles C. Bergman of the Pollock-Krasner Foundation, Jack Cowart of the Roy Lichtenstein Foundation, and Joel Wachs of the Andy Warhol Foundation for the Visual Arts. Along with other long-serving directors, including Sandy Hirsch of the Adolph and Esther Gottlieb Foundation, these leaders, always generous in sharing their experiences with new members of this emerging field, gave shape to the Study’s mission, which is to help the next generation of artist- endowed foundation make the most of its donors’ generosity in service to a charitable purpose. The Study’s aim is to encourage effective practice in formation of artist-endowed foundations and the operation of these new philanthropies, thereby increasing the ability to fulfill their charitable mandates. Its chief strategy is to address the significant information gap facing individuals involved in creating new artist-endowed foundations and leading and governing their operations. It has done this by researching, assembling, and making available relevant information about this new field and the often-complex considerations involved in the creation and management of artist-endowed foundations and their charitable programs. Since its release in 2010 at www.aspeninstitute.org/psi/a-ef-report, a variety of activities above and beyond the basic distribution of the Study Report publication have been mounted to ensure that the Study’s research findings reach their intended audiences and do not sit passively on the shelf. These dissemination activities include publication of a reading guide to the Study Report tailored for artists and their family members, publication of articles based on the Study’s findings in national journals, presentation of panel discussions and lectures to a variety of national and local audiences, and presentation of a professional education convening based on the Study’s findings for leaders of artist- endowed foundations. This publication, Study Report Supplement 2013, which incorporates an updated data profile of the field along with newly commissioned briefing papers on emergent policy issues and a descriptive survey of relevant estate planning literature, is an additional component of the dissemination program. As a resource for those creating the next generation of artist-endowed foundations, along with those leading the field, it offers information about recent growth, both in numbers and in aggregate assets, and explores what this expansion means with respect to the field’s evolving practices and the forces shaping its development. Both the initial Study Report and this supplemental publication have been written for a general audience from a nonspecialist’s perspective, although in some cases, briefing papers authored by independent scholars also address the interests of specialist audiences. As has been true from the Study’s inception, its research findings and related materials are offered in the belief that presentation of information about the overall field and its evolving practices, including its distinctive characteristics, will provide the best possible context for the inevitable attention from policymakers that is sure to result as the field transforms dramatically in scale and achieves greater visibility. Christine J. Vincent Study Director The Aspen Institute’s National Study of Artist-Endowed Foundations Preface – Study Report Supplement 2013 i ii The Artist as Philanthropist: Strengthening the Next Generation of Artist-Endowed Foundations ACKNOWLEDGEMENTS Many organizations and individuals have assisted in realizing the work of the Study’s dissemination program. Following the Study’s publication, an ad hoc group met to inform planning for dissemination of its research findings. This group included: Charles C. Bergman, chairman and CEO, the Pollock-Krasner Foundation; Jack Cowart, executive director, Roy Lichtenstein Foundation; Jack Flam, president, the Dedalus Foundation; Sanford Hirsch, executive director, the Adolph and Esther
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