Americans for the Arts

Russia’s assault on Ukraine began on February 24, 2022, with a series of missile attacks and the use of long-range artillery. My mother called me from Ukraine in the middle of the night, crying. I assured her that everything will be alright. The next day I was headed south from my home in Florida for a ribbon-cutting event and the idea of war seemed to be surreal. How can we celebrate a new mural when people are being killed by invaders from a neighboring country? I thought of Shepard Fairey because he is well known for his involvement in social issues. He had some political ideas for a mural but it never happened because of the COVID-19 pandemic. When asked to paint a mural for Ukraine, he replied that he couldn’t but was releasing the Make Art Not War design for free for non-commercial purposes to support Ukraine, and allowed me to execute the mural using local resources. As a result of this project, money was raised and sent to some individuals in Ukraine directly, just to provide some immediate support. Even in a small town like Gainesville, Florida, a small group of people was able to collect some funds and help to buy a helmet, shoes for the frontline soldiers, and also contribute to fixing the damaged roof of an apartment complex. Maybe it is just one insignificant action, but there are many of us and we are powerful together.

Whether you are an artist, a creator, or an investor, you have probably come across the term Non-Fungible Token (NFT). Be it rumors of young artists raking in millions of dollars selling NFTs, or cautionary tales from those who have been scammed, NFTs have recently exploded in popularity. NFT art is rapidly changing the way artists are paid and revolutionizing how NFT artists can work, create new projects, and take ownership of their art. As a partner at Eisenberg & Baum LLP and a fellow at NYU Law Engelberg Center for Innovation and Technology, I represent world-renowned street artists across the U.S. and internationally, including the successful $6.75 million verdict for 21artists in the 5Pointz graffiti litigation. With NFTs now reshaping the landscape of digital art, I am committed to working with innovative artists and helping protect artists’ rights. Here, I answer questions frequently asked by artists about NFTs and how they might be an opportunity for visual artists—in particular, for street artists.

As the price of goods rises, costs will likely flow as far downstream as possible—which means cultural organizations and artists will continue to get hit with rising costs while arts patrons are likely to have more expenses that eat away at disposable income. At the same time, the slowly closing spigot of relief and recovery funding, mistimed to the needs of our field where things are still solidly behind where they were prior to the pandemic, poses serious risks to independent workers, creative entrepreneurs, and arts organizations. Will public policy solutions like Universal Basic Income (and related large-scale public policies around unemployment and healthcare access) scale enough to make the difference? It’s hard to imagine—but even two years ago it would have been hard to imagine multiple major cities running UBI pilots specifically designed to support and maintain a creative class.

It was going to happen eventually, but the pandemic drove digital engagement of one type or another into almost every aspect of life. As we progress forward, how will that engagement make things better—and how might it make things worse? There is so much promise and peril for the arts sector and artists when it comes to the digital space, cryptocurrency, and the metaverse. The rules of much of this space are still being written, so one argument goes that it may end up being a more egalitarian and open space in which entrepreneurial creatives of all stripes can control more of their own destiny. On the other hand, accessibility issues and repeating patterns of colonization of the space by the same monied, privileged few who have been able to colonize elsewhere have people concerned. Whatever the outcome, these formerly sci-fi concepts have solidly moved into the realm of reality and will take up increasing brain space (and revenue) for both artists and arts organizations in the coming years.

The planet is heaving, as are the human populations living on it. Whether we’re talking major weather events and icebergs the size of cities, the threat of global war, oppressive legislation at home, or a looming election amid governmental stagnation, much feels topsy-turvy these days. Climate change is already affecting the living habits of millions of people in ways large and small, and in the coming decades it will affect where we can have homes (and studios and performance venues), how much it costs to maintain internal climates that are comfortable, the availability of materials, and more. Similarly, burgeoning violence, invasion, and occupation are affecting systems and costs globally and locally, and likely will soon spark migrations that may impact cultural organizations and foster engagement by and with artists. On these scales, the potential impact of elections and state and national policy are closer and clearer, and accessibility to culture for millions of people may be affected.

In ways large and small, the way we work continues to change as we carry into the rest of 2022 and emerge from two years of seismic change. A true tussle between those who want it to go back to how it was, and those who want something new in the relationship between workers and work, is about to come to a head. For our sector, the implications of this shift in work are, and will be, profound. The hardship of the pandemic created exoduses of artists leaving the arts field, either temporarily or permanently, and have opened new job training employment opportunities for creative workers and organizations. For those staying in the arts, collective organizing offers the promise of better wages and quality of life.