Some of you may recall my interview with Alex Curtis concerning the Orphan Works bill. Alex is the Director of Policy and New Media for Public Knowledge (www.publicknowledge.org) -- a Washington, D. C. based ‘public interest group working to defend citizen’s rights in the emerging digital culture‘. I invited Mr. Curtis to share his views concerning Orphan Works and to find out why Public Knowledge supports the bill. That interview can be found, HERE .
Legislative action concerning orphan works is a very controversial subject due to the fact that copyright protection and the rights of artists become a target. It is important for opposing views to be documented and considered when evaluating this bill. Thus, I contacted Brad Holland, co-founder of The Illustrators Partnership of America (IPA), with the need for an exchange over this issue in mind. Mr. Holland advocates for the preservation of creative copyrights on intellectual property.
Below you will find Brad Holland’s point by point response to the opinions that Alex Curtis of Public Knowledge expressed during his interview with the Myartspace Blog. I will continue to explore this issue on the Myartspace Blog. Feel free to take part in the debate.
Curtis: To use someone else's copyrighted work, generally you must ask the owner's permission. Because the term of a copyright lasts so long today (generally 70 years after the owner has died, or 95 years from publication if the owner is a corporation), it's quite possible an old work you might find today is still under copyright, even though the owner is dead or has gone out of business. That leaves millions of works, many of historical significance, unusable because no one can find the owner to ask permission, and the law requires permission.
Holland: The law requires permission from whom? For what? According to the drafters of the 1976 Copyright Act:
[I]t is important to realize that the [1976] bill [our current copyright law] would not restrain scholars from using any work as source material or from making “fair use” of it; the restrictions would extend only to the unauthorized reproduction or distribution of copies of the work, its public performance, or some other use that would actually infringe the copyright owner’s exclusive rights. SOURCE: H.R. Rep. No. 94-1476, at 136 (1976) (Emphasis added)
So in other words, the intent of the proposed Orphan Works legislation is to change the law to permit “the unauthorized reproduction or distribution of copies of the work, its public performance, or some other use that would actually infringe the copyright owner’s exclusive rights.”
Curtis: [W]orks without owners have been called "orphan works." The target of orphan works policy is those kinds of works, for which no owners exist.
Holland: Actually, that’s not true. The Orphan Works Act would redefine what an orphaned work is. When Chairman Berman held the single open hearing on this bill March 13th, he finally admitted that. I’ll quote him exactly:
“[W]e should correct a misnomer,” [he said]. “The works we’re talking about are not orphans...The more accurate description... is probably an unlocatable copyright owner...But for the sake of ease we’ll keep talking about them as if they’re orphans.” www.copyright.gov/video/testimony-3-13-08.html
With all due respect to the Congressman, if this bill isn’t about orphaned work, it shouldn’t be passed as if it were. Conversely, if its goal is to make the work of ordinary citizens available as commercial content to large internet databases, then such a radical change to private property law should be debated openly on its own merits, not snuck through Congress as an orphan works law – not even “for the sake of ease.”
Curtis: The aim of orphan works policy is to allow someone to use a work, whose owner can no longer be found, under some narrow but necessary conditions: #1.The user has to know the owner cannot be found by conducting a "qualifying search" for the owner.
Holland: The language of this bill defines an infringer’s “qualifying search” as one that is reasonable and diligent, but reasonable diligence is never defined. These ambiguous terms would be left to courts to define on a case-by-case basis. Since any work might become an orphan in one lawsuit and not in another, it would take a decade of expensive lawsuits and appeals before anybody could be certain how the law will ultimately define these irresponsibly vague terms.
Curtis: #2. After a search, if an owner is found or emerges, the user must negotiate with the owner in good faith to determine reasonable compensation for the use;
Holland: Since orphan works transactions would occur only after infringement, the rights holder would have no leverage to bargain for more than the infringer is willing or able to pay. Unless the artist accepts whatever the infringer offers, he’ll have to go to court. And since serial infringers will try to establish low “reasonable” fees, these fees would effectively become the legal standard for “reasonable compensation” in lawsuits regarding orphan work uses.
Curtis: #3. If a search is conducted and no owner is found, the user may use the work and avoid any statutory damages or injunctions for his infringement. In the unlikely event that the owner returns even after a search, go back to #2; [italics added]
Holland: This argument is right about one thing: it’s “unlikely” that the owner of an orphaned work will show up “even after a search.” That’s because you can be infringed anytime, anywhere in the world and never find out about it. And remember, while the infringer only has to do a “reasonably diligent” search to find you, you’ll have to do an absolutely successful search to find him.
Curtis: #4. If a user's search was a sham or wasn't diligent enough and the user used the work anyways, when the owner returns, the user can be held liable for plain ole' copyright infringement.
Holland: This shows that the bill is of no use to you unless you go to court. And you should not have to go to court on a regular basis to contest the diligence of some infringer’s search or to prove the value of your own work for uses you never authorized. As a business person, I make my living from voluntary business transactions, not expensive lawsuits with uncertain outcomes.
Curtis: Public Knowledge supports orphan works policy because we believe it introduces some common sense back into copyright. If a creator is long dead and gone and there are no discernible heirs or transfers of the copyright, what is the justification for no one using the work? Entire generations may never see that work because it hasn't yet fallen into the public domain because of the length of copyright. Even worse, that work could deteriorate before it falls into the public domain, and thus lost forever.
Holland: If the purpose of the bill is to free up the use of work by artists who are dead and don’t have heirs, then why have the doors been opened wide for the work of living artists to be infringed?
Curtis: Lastly, I've heard artists concerned that their work would be "dubbed an orphan" or "declared an orphan," but that's not how the legislation works.
Holland: Yes, that is how it works. As Chairman Berman said, the bill would redefine an orphan as “a work by an unlocatable author.” This would let any person infringe any work by any author at any time for any reason – no matter how commercial or distasteful – so long as the infringer found the author sufficiently hard to find. Since everybody can be hard for somebody to find, this would radically re-define the ownership of every person’s intellectual property.
Curtis: One problem that I don't believe the bill sufficiently addresses is the problem of copyright registration...Visual artists especially find the registration process expensive and tedious, and worse yet, those who use it still cannot be found, online or otherwise. We want to make sure owners that exist today are able to be found, so they can be paid for their work and no one can claim that their works are orphans.
Holland: Nothing expresses the looking glass logic of this bill’s advocates better than the argument that artists need it because we can’t be found. Even a quick glance at a newsstand should dispose of that one:
Take Vanity Fair, The New Yorker, Time, Vogue, just for examples. There are thousands of magazines and newspapers out there filled from cover to cover with photographs and art. And that doesn’t count the billions of images published in trade publications, medical journals, ads, annual reports, posters, brochures, catalogues, postcards, greeting cards, surface and fabric designs. How can anyone be surrounded by this sea of images and seriously argue that we need this bill because nobody knows how to find artists.
Curtis: The concern...where an owner's work could be used for something that she does not stand for, or in a way that she doesn't agree with, is one I understand that some artists are very worried about. I do not want to dismiss this concern out of hand, but there are some incorrect notions I want to dispel. First, nothing in orphan works policy gives the user of an orphan work copyright rights in that orphan work. The user of an orphan work is called an "infringer" under the law. Period. There is no transfer of rights, even if the user did a qualifying search.
Holland: Two points: To the extent that this statement is true, it’s irrelevant. That is, if someone has used your work without your knowledge, it doesn’t matter if they’ve received a transfer of rights or not; they’ve used your work without your knowledge. Period. That has all kinds of ramifications. But in fact, there are cases where the proposed law would let an infringer claim a transfer of rights: all he’d have to do is alter the work slightly, call it a remix – legally, a derivative work – then copyright it in his own name. Do that and it’s his.
Curtis: I've read suggestions that artists would be in breach of their exclusive rights licenses because orphan works policy allowed someone else to use their work. It's just not true. Infringers are infringers, and their use would not legally interfere with an exclusive contract between the owner and a licensee. Just as you, as an owner, would have no control over whether someone infringed your work, likewise you have no control over whether someone used your work as an orphan--both are infringement.
Holland: The key phrase here is that these infringements “would not legally interfere with an exclusive contract...” This isn’t a legal issue; it’s a business one. Clients aren’t going to care whether you can or can’t take some infringer to Federal court if work you licensed to the client for exclusive usage turns up being used somewhere else. Clients aren’t going to pay you for rights you can’t sell them – and under this law you wouldn’t be able to sell them a guarantee of exclusive usage.
Your exclusive right matters for three reasons:
• Creative control: No one can change your work without your permission;
• Ownership: No one can use your work without your permission;
• Value: In the marketplace, your ability to sell exclusive rights to a client triples the value of your work.
The Orphan Works Act would void that exclusive right:
• It would permit anyone who can’t find you (or who removes your name from your work and says he can’t) to infringe your work, or even alter it and call it his own.
• And since you can be infringed without your knowledge anytime, anywhere in the world,
• You could never again guarantee a client that your work has not been – or won’t be – infringed.
• Therefore you could never again guarantee a client that the work you licensed to him won’t be used by some other commercial interest –even by a competitor.
That means that from the moment this bill takes effect, every artist’s commercial inventory would be devalued by 2/3 its potential value.
Curtis: Today, once someone infringes on your copyright, it has already happened and the toothpaste is already out of the tube. That user would be an infringer. The infringement happened without you knowing and there's nothing you could have done to stop it. He used your work without even bothering to look for you to ask your permission--probably because he never thought you'd find out or because he was too lazy. But that's the case even without orphan works, and there's nothing, besides court awarded damages, that could address it.
Holland: It’s true that under the current law, infringements occur. But they’re illegal! This bill would create an entire class of legal infringements in which bad actors would be able to hide like needles in a haystack.
Curtis: At least under orphan works policy, that same user would be required to have searched for you and if he still didn't find you and he still used your work, you would be reasonably compensated for that use. If he doesn't do those things, you're in the same spot as with a regular infringer.
Holland: This isn’t logical. The person who steals your work now will probably steal it under the Orphan Works law. A crook isn’t suddenly going to start doing “diligent searches.” But what this bill would do is create an entirely new class of infringements that would never be legal under current law, but would be perfectly legal – even encouraged – once this bill passes.
Curtis: [I]f the [orphan works] infringer claims he did a search for you, he's got to show it to you up front, which will make it easy for you to determine whether he's a fraud or good-faith user so you can begin negotiating compensation.
Holland: Two points.
First, this is a disingenuous comment, because unless this bill passes, you’d never have to determine whether an infringer is a fraud or not. Under current law, infringers can’t use your work without your knowledge. But no, under this bill, the infringer would NOT have to show you evidence of a search up front. In fact, he wouldn’t have to show you anything ever unless a.) you found out that he had infringed you and b.) you successfully identified him, tracked him down and got him to respond. And even then, he wouldn’t have to show you anything unless you filed a lawsuit in Federal court. Only then could you ask to see what paperwork he did or didn’t file.
Second: if you do track down an infringer, what are the chances he’ll have a Perry Mason Moment and confess that he’s guilty of theft? He’ll just say it’s an orphan works use and dare you to sue. And under this bill, if you do sue, you’d better be sure – in advance – that you’ll win, because otherwise, without the possibility of statutory damages and attorneys’ fees, it’ll be too expensive to lose. And since lawyers won’t take cases like that on contingency (because there’s no guarantee the infringer will have to pay), this law will effectively deprive you of legal counsel, expert witnesses, court costs, etc. - the very tools you’d need to legally prove bad faith in court.
And oh yes, there’s a third point: While the Orphan Works bill would limit the damages you could get from an infringer in a lawsuit, there are no limits on the damages an infringer could get from you in a countersuit.
Curtis: [I]f someone uses your work as an orphan work after a search, but just copies it and doesn't add any value or include it in anything with their own original expression, then you could restrain, or obtain an injunction for, their future use. And you would be reasonably compensated for the use.
Holland: OK, so if you’re an infringer, you’ll want to “add some value” to the work you steal. Tack on something with your own “original expression.” Crop the picture, photoshop in an extra tree, draw a mustache on somebody and you’ve added value.
Curtis: As for continued use of a work, if the orphan works user used the work in such a way that "recasts, transforms, adapts, or integrates the infringed work with a significant amount of the infringer's original expression..." the user can keep using the work but must pay the owner for that use, and give attribution to the owner if the owner so desires.
Holland: In other words, as I said, once the infringer has legally orphaned your work and “added value,” it’s his. You can’t even show up and stop him from using it.
Curtis: I've heard concern that somehow large corporations are going to claim orphan works as a way to somehow get a "discounted" license fee. I don't see how this is possible.
Holland: Anyone who works in the marketplace would see it immediately. The databases this bill would create will be for-profit enterprises. To make money, they’ll have to do a lively business supplying orphaned works for commercial usage. That means harvesting millions of orphans and promoting infringement. We’ve never seen a business plan, but it’s a safe bet they’d operate like stockhouses do now – but without first having to license their inventory from artists:
• Some will provide internet access to orphans as royalty-free work and take their profits in advertising revenue.
• Others will harvest orphans and market them as clip art.
• Others will harvest orphans, alter them slightly to “add value” and register the “remixed” work as their own copyrighted product.
A lot of one-stop shopping centers for cheap art are certain to spring up. This will unjustly alter the nature of competition in commercial markets. How many artists who actually create the work they sell will be able to compete with large internet databases that can provide clients with free or cheap access to the work of others?
Curtis: If the user is some big corporation, reasonable compensation is going to have to reflect that. Compensation would also have to take into account how the work was used for it to be reasonable--including the context of the use, to take care of the potential controversial cause or damage to the artists' reputation.
Holland: Let’s review Business 101: Normal commercial transactions are the result of bargaining between two or more parties. That way, both sides in the transaction know that the transaction has occurred and what the terms are. Orphan works legislation would change that. It would create a class of single party transactions, in which the user is aware that a transaction has occurred, but the owner of the property that’s been exploited may never find out about it. There’s another name for single party transactions: theft.
Curtis: I would think that every corporation would want to find the owner and license the work up front, because if they spend the money to conduct the search and still come up empty handed, there's still the possibility that they will have to compensate an owner if she emerges. Every orphan works owner (sic)[Doesn’t he mean “user”?] has every incentive to find the owner, because they know they will have to pay for their use when an owner returns.
Holland: Big corporations are not going to go scrounging around looking for the rights to use certain little pictures. They’re going to go to the orphan works supermarkets this bill will create. Opportunists are already coming out of the woodwork; orphan works domain names have been snapped up. These firms will harvest work off the internet and other places, automate the process of diligent searches, plop the orphan works symbol on the pictures they clear and market them to clients at below-market prices. Anyone who’s familiar with what stockhouses are already doing will recognize the business model. It’s just a simple variation on current practice, only ramped up to Walmart proportions by the opportunity to get millions upon millions of new images at little or no cost.
But please note the apparent contradiction between this statement by Mr. Curtis:
”Every orphan works owner [“user”?] has every incentive to find the owner, because they will have to pay for their use when an owner returns..”
and this one (his point #3 above):
“If a search is conducted and no owner is found,” it would be an “unlikely event that the owner returns even after a search.”
Curtis: Today [under current law], you write down your original creative thought and it's copyrighted. That's it. No registration is needed for it to be copyrighted. Let's say that your creation is important to you and if someone were to infringe it, that you'd want to sue them to the greatest extent possible. If that's the case, the law allows for what's called "statutory damages" and those can amount up to $150,000 per infringement. To make statutory damages available to you, you have to register your work with the Copyright Office within three months of publication. If you don't, you cannot claim statutory damages.
Holland: I won’t respond to this. Mr. Curtis has already acknowledged that his facts are in error; and he’s corrected it in his response to comments on the Myartspace Blog.
Curtis: It should also be said that, today, if you want to enforce your copyright in a court, you must register your copyright with the Copyright Office before you do it. This does not apply to foreign copyright holders, however (that's a topic for another time).
Holland: This legislation would orphan foreign as well as US work. It would violate international copyright law and international treaties. It would let Americans infringe the work of overseas artists and let overseas infringers exploit the work of American artists – all protected by a law unique to the US. All this would invite retaliation by other countries against US markets.
On Thursday, June 5, ‘08 the European Union announced an orphan works regime that would let European libraries, museums and archives digitize their collections of true orphaned work. This would permit only non commercial usage of real orphans by authorized cultural institutions. If the United States really wants to do the right thing, we should work to harmonize our orphan works laws with what they’re doing there.
On June 20, ‘08 the Illustrators’ Partnership, Artists Rights Society and Advertising Photographers of America submitted amendments to the House and Senate Judiciary Committees that would have done just that. If Public Knowledge wants a true orphan works bill, we invite them to support our amendments in the new Congress. http://ipaorphanworks.blogspot.com/2008/07/hr-5889-amendments.html
Curtis: Under orphan works [legislation], nothing with regards to registration changes. Period. You don't have to lift a finger for your work to be copyrighted, in the same way you don't today.
Holland: No argument. We’ve never said that people would lose their copyrights under this law. But by removing the penalties for orphan work infringements – and by redefining an orphan as any work by any artist that somebody can’t find – this bill opens the doors to widespread abuse. In effect you’d still have a copyright, but in many cases, it would be a copyright in name only.
Curtis: The talk about "visual registries" or "online databases" that you might have heard with orphan works, are all efforts to try to make it easier for artists to be found. When I said above that we've been listening to artists, we have. Artist (sic), especially visual artist (sic), have complained that a big reason why they cannot be found is because the Copyright Registry isn't very useful to them.
Holland: It’s become a mantra with Public Knowledge that artists have complained we can’t be found. This is simply not true. In fact, we’ve said the opposite. Here’s an example. I posted this on our CapWiz site May 3, ‘08:
I am told that the Copyright Office conducted a study of Orphan Works and that these bills are based on that study. I understand that an orphan work is a work whose owner can’t be located. I am alive, working and managing my copyrights. I can be located. My clients locate me all the time. But that does not mean that anyone anywhere can find me. And frankly, why should the failure of any one person to find me be the measure of whether or not I can be found?
What if 1000 people can find me but one can’t? Why should that one person get a free pass to use my work? Won’t that give infringers an incentive not to find me? And why should I be obligated to go into court to prove anything about the diligence of the searcher or the value of my work?
I believe my work benefits the public by being published through the channels where I wish to publish it. The current copyright law works by giving me the incentive to keep doing this. http://capwiz.com/illustratorspartnership/home/
“I can be located. My clients locate me all the time.” I don’t see how we could say it any more clearly.
Curtis: [Artists] don't register their works because it's very expensive and time consuming. It even costs a lot to register a change of address. Additionally, the Registry's online search only returns text results. So, if you're a visual artist, if someone searches the online registry for your work but doesn't know your name or textual information about the image, they have no way to compare that image they have in hand to any record in the registry--not a single record in the online registry displays a picture. To see a picture, the potential user would have to physically come to Washington, DC to search the records by hand, or pay someone to do it for them.
The registration of groups of images compounds the problem. Finding the image your (sic) looking for is hard enough, but with group registrations, even if you knew the artist, you'd have to sift through contact sheets of many small photos that can be submitted as a way to save on filing fees. This makes it even more difficult for a user to find the image that they're looking for, even if they have physical access to the registry.
So, hearing these problems, we suggested to the Copyright Office that their system needed an overhaul. It needed to allow for online registration, for online searches that produced images, and visual recognition technology to allow an orphan to be matched against images in the registry. The Copyright Office said it had neither the money or expertise for these updates.
If government was going to fail us, maybe the market would help to fill the gap. We suggested to policy makers that we should send up a flare to the online market that these services should exists (sic) to help owners and users. The Copyright Office could certify them, to make sure they met minimum quality standards.
Despite what you may have about orphan works, the use of these services would be entirely optional for copyright owners. Using these services as search tools for finding orphans would be required for users, though. We proposed these services as a way to improve the status quo--to help visual artists be found. If visual artists choose not to use the tools, it may be harder to find them--but the search must still be conducted, whether or not a "Google Search" returns the photo they're looking for.
As a point of clarification, it should be noted that using these services would not allow an artist to claim statutory damages in a court of law. We are suggesting that the Copyright Office allow more online services to access the Copyright Registry, to make it easier and cheaper for owners to "officially" submit their works. But we're not there yet.
Holland: This whole line of reasoning treats art as a closed book, as if the only challenge left is to create enough privately owned databases for users to find rightsholders. That may be the daydream of the people who own stockhouses, because it would cut them in on the profits from artists’ work. But it’s not the daydream of artists who want to create new work.
To understand this bill you have to go to its heart. It was drafted by the anti-copyright lobby. They’ve sold some Congressmen on the argument that culture’s being harmed because people can’t find authors. They want the bill to “pressure” artists to hand over our commercial inventory, metadata and licensing information to privately owned commercial databases. That means to comply, you’d have to digitize your entire life’s work and color correct and keyword the files, all at your own expense. They say that registration would be optional, but unregistered work would be exposed to orphan works infringement; so there’s your option.
Personally, I estimate that it would cost me a quarter million to comply with this bill. Some photographers have estimated a million dollars or more. And that’s not the cost of registration. That’s just the time, expense and labor of converting physical art to digital files.
Curtis: As I said above, nothing in orphan works requires any artists to spend any additional money to register their works--whether that be at the Copyright Registry or with some online service.
Holland: How does Mr. Curtis know what these commercial registries will or won’t charge artists? As commercial enterprises they’ll be in business to make money. Does anyone seriously believe they won’t tack on fees for “services” sooner or later, one way or another?
Curtis: [W]e would like to see solutions arise in the market to make it easier for owners to be found, and maybe even register their works more cheaply. Digital technology should make things cheaper and more useful.
Holland: The technology being developed is fantastic. But it should be used to help citizens protect their rights; not to make them subsidize the start-up businesses of untested search technologies and untried business models. This law would inevitably favor the aggregation of private property into large, privately-owned commercial databases.
Curtis: When I talk about these services, I think about sites like Flickr.com that allow anyone to upload as many images as they want for free. You get some added features as well as unlimited uploads for $25 a year, as compared to the cost of registering one of your works at the Copyright Registry: $35 per work. That's a huge cost difference, all because it's online and digital. Other services, like TinEye.com, search and index sites like Flickr and let you compare one image against the entire index. They do this for free.
Holland: How many “free” credit cards do you get in the mail every month? Free, until they start to pile on service charges, maintenance fees, penalties, commissions and other expenses. Once a couple of for-profit registries have access to your commercial inventory and client contact information, they won’t need anything else. They’ll be able to solicit your clients and invite them to clear the rights to your work through them. Artists who gave their work to stockhouses have already seen that business model in action. They don’t have to guess how it’s likely to play out here.
Curtis: Some of these services may charge a minimum fee for an account like Flickr's "pro account", or require payment for using the search function, or no charge for any of it. They may provide additional services, like ways to help owners license their works, or print their works, etc, to offset the costs of their "registries."
Holland: When the Copyright Office spawned the Orphan Works bill in 2006, the bill’s advocates said it would not cause problems for artists. They were wrong. Now they concede the problems, but say technology is the solution. Wrong again.
Take PicScout. It’s just one of the technologies being developed for locating visual art. On March 13, they testified before the House IP subcommittee. They made a pitch that sounded too good to be true – and was:
”Our technology can match images, or partial information of an image – such as a single face of one person in a crowd, with 99% success...Over the years, we have established relationships with our partners and now track the use of millions of digital files stored in our huge centralized database.“ http://judiciary.house.gov/media/pdfs/Gura080313.pdf
PicScout is just one of several firms that hope to benefit from this legislation. They see future registries where registered pictures will not be available for review or browsing. Instead a searcher would feed in a desired image and if there’s a match, get back only the artist’s name and contact information – or be told there’s “no match.”
So far, so good – for all the pictures in the registry. But what happens when there’s “no match.” You can’t find work that’s not in the registry.
Let’s say you haven’t registered a particular image in the system. In that case, the best technology in the world won’t find it there. So unless every picture you’ve ever done is registered, the searcher’s failure to find a match would actually make your work a potential orphan, even though it’s still copyrighted to you.
But let’s say you comply with this bill. You register tens – or hundreds - of thousands of your works with one or more commercial registries. Are these works now safe from infringement? No, they can still be orphaned. Here’s how:
It’s unlikely that PicScout or any other image recognition technology can ever operate on a mass scale with anything like 99% accuracy. But for the sake of discussion, let’s take even their best-case claim and analyze it.
PicScout’s boast of “99% success” concedes a margin of error of at least 1%. Sounds small, but consider:
* Google has already said they intend to use millions of orphaned works. Other businesses will use millions more.
* An error rate of 1% means 10,000 registered images will be “accidentally” orphaned every million searches.
* Multiply 10,000 accidental orphans by millions upon millions of searches and you have an astronomical number.
* These are images that will be orphaned even though the artists spent the time and money to register them.
* Will these artists be able to sue for infringement? Yes, but at their own risk, because
* The infringers’ use of the registries will indicate they did “reasonably diligent searches” to find the works there, and:
* There’s no way to be sure whose rights judges will forfeit in the case of registered works orphaned by computer errors.
And there’s another problem. It’s statistically impossible for a million searches to orphan the same 10,000 images each search. That means every image you register will be permanently vulnerable to an infinite number of orphaning opportunities. And that means that any image you register may turn up as a “match” in one registry — while being orphaned in another.
Have fun in court.
Curtis: Artists, established or struggling, would not be required to use any of these services under orphan works. Period. Nothing is required, and just because you don't upload your works does not mean a user's qualifying search ends when he can't find your image on Flickr.com. Would it help the rest of us find you by uploading what you can to one of these services that already exist? Sure. It might even have the added benefit of giving you exposure and even get paid for your creativity. But nothing is required.
Holland: The key word here is “required.” You would not be “required” to register your work with these databases because compulsory registration would place the US in violation of international copyright law. So this bill wouldn’t force you to register your work, it would merely expose your work to infringement if you didn’t. For most of us, that’s just a matter of parsing words, but remember, we’re deep in Lawyerland here.
Curtis: I believe that orphan works policy promotes very sound copyright practices, and to that extent I believe all artists benefit.
Holland: Actually, this legislation is so complicated it won’t promote sound copyright practices to anybody unless they actually read the bill – all twenty-some pages of it - and keep a lawyer on retainer to explain their rights to them on a case-by-case basis.
Curtis: [Orphan works policy] requires users to search for owners to ask their permission to use a work. It requires users to negotiate in good faith and compensate an owner for the use of a work.
Holland: No, under this law, users wouldn’t have to negotiate or compensate an owner at all unless the owner found out he’d been infringed. And for that, the owner will have to depend on chance. On the other hand, current law does require negotiation and compensation, because you can’t use an owner’s property now without his knowledge.
Curtis: Additionally, [orphan works policy] encourages, without requiring, owners to make themselves more accessible and findable.
Holland: Or to put it in plain English, it creates the public’s right to use your copyrighted work as a default position, available to anyone whenever you fail to make yourself sufficiently “findable.” This is like passing a law to limit penalties for shoplifting on the grounds that it will “encourage” storekeepers not to let their goods lay around on open shelves.
Curtis: It signals to the market that the needs of many artists are not being met, and encourages innovators to fill the gap.
Holland: A false premise is not validated by repetition. Artists – who are not complaining that they can’t be found – do not “need” a bill that exposes them to more opportunists than we already have to deal with, no matter how “innovative” the opportunists may be.
Curtis: It [orphan works policy] encourages art societies to help their members develop best practices and help their constituents be found.
Holland: With all due respect to art societies, the only people I would trust to establish best practices are the people who conduct business in the real world. There’s a big difference between drawing up a list of dos and don’ts and negotiating with real clients under commercial pressures.
There’s nothing wrong with any organization trying to draw up professional guidelines. I’ve helped do that myself. I directed the team that drafted the best practices guidelines for the use of illustration published by the American Institute of Graphic Arts. But that doesn’t mean I’d bet the value of my life’s work on the likelihood that people will comply with the policies we spelled out.
No code of conduct has any more teeth than are written into statute law. And the whole point of this bill is to pull the teeth of the statute law pertaining to copyrights.
Curtis: And importantly, it [orphan works policy] goes out of its way to discourage outright infringement.
Holland: No it doesn’t; but the fear that somebody might sue you if you steal their work does discourage infringement – and that’s the current law.
Curtis: Some artists more heavily rely on the use of others' works in their own creative works. Just a few examples are: independent and documentary filmmakers, book authors, collage artists, parody and satirists, and DJs. The works of these artists are no more or less creative than the works they include or build from. Even though everyone has their own tastes, I don't think it's right to claim one kind or genre of art is more valuable than another--even if one follows from another. If you want to ensure your freedom of creativity to include another's work in your own, and are willing to search for the owner and compensate them for your use, orphan works policy should help you.
Holland: Here we go again. First, parodists and satirists already have a free hand to use orphaned or even known works. So do book authors who can quote from others' work - whether orphaned, anonymous or known. They have that right under the Fair Use provision of current copyright law.
Second: yes, the bill would help re-mix artists because they have to appropriate the work of others to create. But you don’t have to denigrate their work to assign it its true value. Collage may be a form of art, but not all art is a form of collage. This bill would jeopardize the work of all artists to benefit some members of a sub-class. And it won’t benefit professional artists at all, because we have to indemnify publishers that our work is original and not based on infringements.
To the extent that there’s a problem at all with orphaned work, that problem can be solved by a modest expansion of Fair Use. We’ve addressed that in the Amendments we proposed to Congress. Here’s that link again: http://ipaorphanworks.blogspot.com/2008/07/hr-5889-amendments.html
Curtis: Lastly, many artists' work are not appreciated until after they have passed, maybe society wasn't ready for their creative expression. What if someone discovered your work but could not share it because there was no one to ask permission? Not to get too existential here, but if you have a sense of legacy or even pride in your work, how might you feel if you passed away and no one ever saw your life's work and creativity? I think orphan works addresses this problem.
Holland: So as not to get too existential myself, let’s pick an obvious example: Van Gogh. Was there ever an artist more underappreciated in his lifetime or more lionized after his passing? And yet his reputation soared within the “restrictions” of the Berne Convention, with no orphan works exceptions.
But imagine instead if Van Gogh had had to waste endless hours of his short career digitizing every single drawing, painting and sketch, registering his metadata with multiple databases, filing out forms, monitoring the internet for infringements and dragging infringers into US courts to contest the diligence of their searches and proving the value of his work – which in his lifetime was zero. He’d have shot himself years earlier.
Curtis: I don't know if I've changed any minds with my responses today. But at least there is this dialogue. Unfortunately, with many of the groups [opposed to the bill], there is no dialogue.
Holland: Since apparently we don’t engage in dialogue, maybe I shouldn’t respond to that.
Curtis: Many of these groups have had a knee-jerk reaction from the beginning and have polarized their membership with fear.
Holland: No, we’ve told the truth about this bill and its backers have had to call it fear.
Curtis: They've created straw men for their memberships to rally against, when the truth is that those companies have had very little stake in this legislation (I wish they were more involved, but they're not).
Holland: Headline from Market Watch, Sept 29, 2008:
Web firms quietly win copyright victory in Congress
SAN FRANCISCO (MarketWatch) Sept 29 -- As the media turned its attention last weekend to battles on Capitol Hill over the fate of the proposed Wall Street bailout bill, Internet companies including Google Inc. and Microsoft Corp. quietly walked away with a legislative victory that could facilitate their use of copyrighted material.
The Senate on Friday passed the Orphan Works Act of 2008, legislation that weakens copyright protection for works whose owners cannot be located. The legislation has now been referred to the House Judiciary Committee.
The legislation requires only that a company make a "reasonably diligent" search to locate a copyright owner before using their work in media including the Internet, and limits compensation required for the use of an infringed work. www.marketwatch.com/news/story/web-firms-quietly-win-copyright/story.aspx?guid={E21206C0-98F5-459B-9506-8133CBD82859}&dist=hpts
Note that the headline did not say “Straw men win copyright victory for artists.”
Curtis: I believe the amount of effort put into building and rallying these groups' membership could have been refocused to actually help their membership, instead of scaring them into writing letters of opposition to Congress. It's really unfortunate, and may have even harmed those groups' credibility with members of Congress and their staff.
Holland: Speaking of trying to scare folks, we’ve heard this one from the beginning: Artists shouldn’t oppose the bill, even if it harms their careers, because writing to Congress might harm our credibility. Can anyone imagine saying that with a straight face to any other interest group in America?
Curtis: My group, Public Knowledge, has reached out to a number of artist organizations like photographers, graphic artists, comic illustrators, textile manufacturers, etc. in an effort to try to address their concerns. I've personally corresponded and talked to a number of concerned artists.
Holland: Over 82 groups came together to oppose this bill last year. www.illustratorspartnership.org/01_topics/article.php?searchterm=00273
These groups represented artists, writers, photographers designers, songwriters, musicians, performers and countless small businesses. http://ipaorphanworks.blogspot.com/2008/10/orphan-works-we-are-our-work.html
I’m not sure what purpose it serves to keep portraying all these professionals as a fringe group motivated by irrational fears.
Curtis: Back in 2005, part of the problem for artists was the lack of visual searches at the Copyright Registration. We proposed remedies and actually got them included into 2008's legislation. To a certain extent, we believe that some groups have used that good will against us. But still we continue to try--and plan to push forward an effort to make the Copyright Registry more open and accessible to make it easier and cheaper for artists to protect their works and be found (if they so choose).
Holland: Throughout these comments, we’ve seen artists portrayed as feckless ingrates who first complained that we couldn’t be found, and then when groups like Public Knowledge worked to “meet our needs,” turned up our noses at their hard work and “good will.”
In fact, in 2005, there were no problems facing artists that this bill could solve. To the extent that we expressed any problems at all outside our field that year, it was the concern we noted over the actions of the Free Culture movement.
On March 24, ‘05 Cynthia Turner and I authored a submission to the Copyright Office’s Orphan Works Study. It was signed by 42 national and international art organizations and roughly 2,000 individual artists, including many of the top professionals from various fields. You can read it for yourself on the Copyright Office website: www.copyright.gov/orphan/comments/OW0660-Holland-Turner.pdf
In our summation, we boiled down our reasons for opposing this particular vision of copyright “reform.”
The “Free Culture” argument is at odds with the principle of tangible expression, which is the only aspect of the creative process protected by copyright law. By arguing that creative work is only a “remix” of the work of others, the critics of copyright ignore the factors of experience, personal development and individual vision that are embodied in any author’s tangible expression of an idea. The computer and internet, as well as Photoshop, stock and royalty-free content have all made it possible for many people to become content providers by “sampling” the work of others. But the demands of this “new modality” for free and easy access to usable work should not induce lawmakers to legislate as if creativity can be adequately defined by the “remix” model. There is a difference between the alchemy of new creation and the assembling of “found work.” Legal protections for this difference have been built up over centuries and once eroded, would be painful and costly to recover.
The internet has created a culture of appropriation; and immediate global access to artistic works has facilitated piracy, unintentional infringement and plagiary. But instant and unrestricted access to work should not be construed as a necessity just because technology has made it a possibility. That an artist’s work now can be instantly transmitted around the world without the artist’s permission or control does not justify a user’s “right” to take the work. And if inability to trace a work to its author becomes the justification for creating such a “right,” who and what will define the inability to trace the work?
The “orphaned” works currently under consideration by the Copyright Office include the work of many artists now in the prime of their careers. To remove copyright protection from this work has the potential to undermine the important public policy behind copyright: To promote the creation and dissemination of culture by rewarding incentive. Rescinding guaranteed protection from copyrighted works will do more harm than good to the creative community and by extension, to the public good.
– Brad Holland 1.12.09
You can learn more about the opinions of IPA concerning orphan works by visiting their blog, www.ipaorphanworks.blogspot.com. For further information visit, www.illustratorspartnership.org.
Take care, stay true,
Brian Sherwin
Senior Editor
www.myartspace.com
www.nyaxe.com
Monday, January 12, 2009
Art Space Talk: Whitney McVeigh
Whitney McVeigh was born in New York, USA in 1968. She received a BA degree at the Edinburgh College of Art where she began to explore visual arts in relation to sculptural form and to study the portrait head. McVeigh has travelled extensively for her work, with significant periods spent in Europe, India and China while keeping a home base in the UK.
McVeigh makes her work through a process of automatism. She explores themes of sexuality and of male/female bodily form and the recurrent theme of the portrait head is present in her work. Her treatment is figuration, in the spirit of contemporary artists ranging from Francis Bacon to the more abstract mark makers Cy Twombley and Robert Motherwell in her black ink work.
McVeigh has worked on portrait commissions and has exhibited her work both in solo and group shows internationally. She is currently represented by Being 3 Gallery in China and Cat Street Gallery in Hong Kong. Her work has been featured in the Times, Financial Times and NY Arts magazine. Her work can be found in several private collections-- including the art collections of internationally renowned artist Marc Quinn and actress Gillian Anderson.
Example from the Heads Series by Whitney McVeigh
Brian Sherwin: Whitney, you studied art at the Edinburgh College of Art. Can you discuss your academic years? Did you have any influential art instructors? Also, what advice do you have for current art students?
Whitney McVeigh: My time at Art college was challenging. There was one man there who had an influence on my work, Ken Neil who taught humanities. We looked at paintings and discussed their content and the artist’s approach. He’s a smart guy whose knowledge of painting was extensive. He taught me to see colour differently. He understood where I was coming from as a painter. The only thing I’d say to art students is to choose your institution well and to use the place to get the most out of it possible. It’s also important to be aware of other artists around you and to begin forming relationships and showing even at this stage.
Example from the Heads Series by Whitney McVeigh
BS: I understand that while at Edinburgh you began to explore visual arts in relation to sculptural form and the utilization of the portrait as a subject. Can you briefly discuss those early attempts and how your work has progressed?
WM: I began making sculpture with my local council when I was eighteen. I’ve always been interested in the portrait, I’ve been taking photographic portraits for many years and using these as a source. At college there were strict boundaries between departments, I didn't have access to sculpture so I began making drawings from sculpture. These were constructed of lines and were in a sense a carving out the image on the page. I also worked from life in this way.
At this time I wanted to achieve the feeling of three dimensional form in a two dimensional space. The Heads Series today is an extension of this. The work has evolved into semi abstract works looking at the psyche, they sit in a sense like sculpture on the page.
Example from the Heads Series by Whitney McVeigh
BS: So is this the direction that you plan to keep going with your work? Perhaps you can tell us about some of the other subjects and themes that you focus on?
WM: I’m interested in surface texture and am dismantling old books that I’ve found and am making prints in response to the delicate surface. I’m currently applying to a residency in New York where I hope to take the Heads onto a very large scale. I'm also working on a group of short films that are a documentation of my drawing process. They are a close look into the active mind of the artist.
BS: Whitney, I understand that you have travelled extensively for your work. You have had significant stays in Europe, India and China whilst keeping a home base in the UK. Can you discuss how your travels have influenced you as an artist? Would you say that your travels have made your work stronger, so to speak? In other words, would you say that your work reflects a global influence?
WM: Yes, absolutely, traveling has been key to the development of the work. It’s opened the work up. I was invited to China because of my black paintings. These come from an abstract expressionist background but the gallery recognised a freedom of the brush they thought would be interesting in China.
Everything changed on arrival in Beijing. The surfaces were different, I’d been using heavy Italian papers and in Beijing I was experimenting with thin papers that instead of resisting the ink absorbed it. So the work changed due to new challenges with materials. I worked with a calligraphy painter who taught me simple techniques of absorbency (using blankets) and I produced a body of experimental paintings based on the circle that attracted a wide audience there.
In fact a Canadian/Indonesian collector has just bought ten of these pieces to take into Malaysia and Indonesia. He's interested in the East/West calligraphy meets abstract expressionism. Both methods are dealing with automatism. This is another area of my work that I'm developing.
Example from the Heads Series by Whitney McVeigh
BS: Speaking of people and places, your work is currently represented at Being 3 Gallery and Cat Street Gallery. My understanding is that both are located in China. Can you discuss that experience?
WM: Being 3 Gallery plans to show my black and white work in 2009 and Cat Street Gallery have taken on the Heads Series. The latter is a new venture, both in very different areas of China. I met Being 3 during my residency. They took on some of my work following my show in Beijing. They work with an interesting calligraphy painter called Shao Yan whose paintings I’m glad to be associated with.
BS: Your work has been collected by Marc Quinn, Gillian Anderson and several other high profile visual artists and actors, correct? What can you tell us about that?
WM: These people have been to my shows and purchased work. They have interesting collections that it’s a privilege to be a part of.
Example from the Heads Series by Whitney McVeigh
BS: Give our readers some insight into your art. What do you strive to achieve with your work?
WM: To represent human life in its truest form and to document my own life.
BS: Can you discuss some of your methods?
WM: I’ve been working with ink for many years. I also use oil based materials for monoprinting which is a technique that I love. It involves the unexpected which I find interesting, the most surprising things can happen through the smallest bit of pressure on the page.
BS: What about specific influences? Do you adhere to any specific art tradition, so to speak? Are you inspired directly by any specific artist from the past?
WM: Robert Motherwell’s writings have been a great source for me. I’m influenced by a range of artists but most of my learning has come from reading what other artists say about their work. Louise Bourgeois who I visited in New York has been a great inspiration to me. David Sylvester’s interviews have been invaluable, Francis Bacon's interviews. I try to see new work as much as I can. I'm also influenced by other people's experiences.
Example from the Heads Series by Whitney McVeigh
BS: What are you working on at this time? Can you give our readers some insight into your most current work?
BS: Finally, is there anything else you would like to add?
McVeigh makes her work through a process of automatism. She explores themes of sexuality and of male/female bodily form and the recurrent theme of the portrait head is present in her work. Her treatment is figuration, in the spirit of contemporary artists ranging from Francis Bacon to the more abstract mark makers Cy Twombley and Robert Motherwell in her black ink work.
McVeigh has worked on portrait commissions and has exhibited her work both in solo and group shows internationally. She is currently represented by Being 3 Gallery in China and Cat Street Gallery in Hong Kong. Her work has been featured in the Times, Financial Times and NY Arts magazine. Her work can be found in several private collections-- including the art collections of internationally renowned artist Marc Quinn and actress Gillian Anderson.
Example from the Heads Series by Whitney McVeighBrian Sherwin: Whitney, you studied art at the Edinburgh College of Art. Can you discuss your academic years? Did you have any influential art instructors? Also, what advice do you have for current art students?
Whitney McVeigh: My time at Art college was challenging. There was one man there who had an influence on my work, Ken Neil who taught humanities. We looked at paintings and discussed their content and the artist’s approach. He’s a smart guy whose knowledge of painting was extensive. He taught me to see colour differently. He understood where I was coming from as a painter. The only thing I’d say to art students is to choose your institution well and to use the place to get the most out of it possible. It’s also important to be aware of other artists around you and to begin forming relationships and showing even at this stage.
Example from the Heads Series by Whitney McVeighBS: I understand that while at Edinburgh you began to explore visual arts in relation to sculptural form and the utilization of the portrait as a subject. Can you briefly discuss those early attempts and how your work has progressed?
WM: I began making sculpture with my local council when I was eighteen. I’ve always been interested in the portrait, I’ve been taking photographic portraits for many years and using these as a source. At college there were strict boundaries between departments, I didn't have access to sculpture so I began making drawings from sculpture. These were constructed of lines and were in a sense a carving out the image on the page. I also worked from life in this way.
At this time I wanted to achieve the feeling of three dimensional form in a two dimensional space. The Heads Series today is an extension of this. The work has evolved into semi abstract works looking at the psyche, they sit in a sense like sculpture on the page.
Example from the Heads Series by Whitney McVeighBS: So is this the direction that you plan to keep going with your work? Perhaps you can tell us about some of the other subjects and themes that you focus on?
WM: I’m interested in surface texture and am dismantling old books that I’ve found and am making prints in response to the delicate surface. I’m currently applying to a residency in New York where I hope to take the Heads onto a very large scale. I'm also working on a group of short films that are a documentation of my drawing process. They are a close look into the active mind of the artist.
BS: Whitney, I understand that you have travelled extensively for your work. You have had significant stays in Europe, India and China whilst keeping a home base in the UK. Can you discuss how your travels have influenced you as an artist? Would you say that your travels have made your work stronger, so to speak? In other words, would you say that your work reflects a global influence?
WM: Yes, absolutely, traveling has been key to the development of the work. It’s opened the work up. I was invited to China because of my black paintings. These come from an abstract expressionist background but the gallery recognised a freedom of the brush they thought would be interesting in China.
Everything changed on arrival in Beijing. The surfaces were different, I’d been using heavy Italian papers and in Beijing I was experimenting with thin papers that instead of resisting the ink absorbed it. So the work changed due to new challenges with materials. I worked with a calligraphy painter who taught me simple techniques of absorbency (using blankets) and I produced a body of experimental paintings based on the circle that attracted a wide audience there.
In fact a Canadian/Indonesian collector has just bought ten of these pieces to take into Malaysia and Indonesia. He's interested in the East/West calligraphy meets abstract expressionism. Both methods are dealing with automatism. This is another area of my work that I'm developing.
Example from the Heads Series by Whitney McVeighBS: Speaking of people and places, your work is currently represented at Being 3 Gallery and Cat Street Gallery. My understanding is that both are located in China. Can you discuss that experience?
WM: Being 3 Gallery plans to show my black and white work in 2009 and Cat Street Gallery have taken on the Heads Series. The latter is a new venture, both in very different areas of China. I met Being 3 during my residency. They took on some of my work following my show in Beijing. They work with an interesting calligraphy painter called Shao Yan whose paintings I’m glad to be associated with.
BS: Your work has been collected by Marc Quinn, Gillian Anderson and several other high profile visual artists and actors, correct? What can you tell us about that?
WM: These people have been to my shows and purchased work. They have interesting collections that it’s a privilege to be a part of.
Example from the Heads Series by Whitney McVeighBS: Give our readers some insight into your art. What do you strive to achieve with your work?
WM: To represent human life in its truest form and to document my own life.
BS: Can you discuss some of your methods?
WM: I’ve been working with ink for many years. I also use oil based materials for monoprinting which is a technique that I love. It involves the unexpected which I find interesting, the most surprising things can happen through the smallest bit of pressure on the page.
BS: What about specific influences? Do you adhere to any specific art tradition, so to speak? Are you inspired directly by any specific artist from the past?
WM: Robert Motherwell’s writings have been a great source for me. I’m influenced by a range of artists but most of my learning has come from reading what other artists say about their work. Louise Bourgeois who I visited in New York has been a great inspiration to me. David Sylvester’s interviews have been invaluable, Francis Bacon's interviews. I try to see new work as much as I can. I'm also influenced by other people's experiences.
Example from the Heads Series by Whitney McVeighBS: What are you working on at this time? Can you give our readers some insight into your most current work?
WM: I’m working on a Head for Bonhams for February 2009. I’m also working on a sculptural installation called ‘The Carrying’ with writer Kirsty Gunn which we plan to show in 2010 in Scotland.
BS: Will you be involved with any upcoming exhibits?
WM: The One Ton Show in Shoreditch Town Hall. A show in Italy next year and also in China.
BS: Finally, is there anything else you would like to add?
WM: Just that art, the making of work, is a process and a journey. If the end is in site when a work is begun then a painting is less likely to be successful (in my experience). This is where the strength lies, in the process.
In terms of my goals, I hope to be able to continue to make work. I know I've accomplished something if the work speaks to others beyond the painting. Ultimately it's a form of communication.
You can learn more about Whitney McVeigh by visiting her website--www.whitneymcveigh.co.uk. Whitney is currently a member of the myartspace.com community-- www.myartspace.com/whitneymcveigh. You can read more of my interviews at www.myartspace.com/interviews.
Take care, stay true,
Brian Sherwin
Senior Editor
Sunday, January 11, 2009
Basic Advice for Promoting Your Art Online
Basic Advice for Promoting Your Art Online
It is important for an artist to think like an online entrepreneur when it comes to promoting his or her art online. One must be relentless if he or she desires to be successful selling art online. Thus, it is important to devote time to online promotion. In the past I have discussed several effective ways to promote art online. Below are some of the topics that have been discussed on the Myartspace Blog in the past. This list is in no way complete, but it may be helpful to artists who are new to promoting their art online. Feel free to comment with any advice that you have.
Join social art sites -- Joining social art networks, such as myartspace.com , is an effective way to promote your art online. A successful social art site will normally have a high traffic ranking-- which can potentially bring traffic to your personal website if you have it listed on your social art site profile.
These online art communities are different than mere art registries due to the fact that they utilize aspects of social networking-- such as the ability to leave comments-- and often involve an onsite messaging system so that users can communicate with each other on the site. This form of interaction can be vital as far as promoting your art is concerned.
Social art sites can be very useful if you are selling art online. Most social art networks offer an eCommerce platform. There are hundreds, if not thousands, of social art networks to choose from. Each site will offer different opportunities. However, some social art sites have limitations compared to others. For example, Artwanted.com currently sets a limit as to how many images a free user of the site can upload per month-- in order to have unlimited uploading capability on Artwanted you must become a Premium user. Other social art sites, like myartspace.com, offer unlimited uploading to free users.
It is also important to remember that some social art sites have a general community theme. For example, deviantART.com tends to promote fan art-- art involving characters from popular cartoons, movies, and graphic novels-- so it may not be the best site to promote yourself on if you are a fine artist. It is also important to remember that the level of professionalism varies from one site to another. Some social art sites cater to young teens while others are designed for career-oriented adults.
Join social networking sites in general -- Joining social networking sites like Myspace.com and Facebook.com can be an effective way to promote your art online. Most of the top social networking sites allow you to create groups and fan pages. Thus, you may consider creating a group for your art along with a fan page.
The interaction you have on social networking sites can potentially introduce your art to individuals who may not frequent social art sites. In other words, by being active on sites like Facebook and Myspace you may open doors to potential buyers who you would not have met otherwise. You may also meet curators and members of the press who can give you advice.
Establish a newsletter (e-Letter) -- Establishing a newsletter is a very effective way to promote your art online. Companies promote their products and keep a steady flow of traffic coming to their website by utilizing this tactic. The business-minded artist should take advantage of this marketing strategy by adding interested individuals to his or her newsletter or by offering a way for individuals to subscribe to the newsletter if they desire.
There are three things to remember when establishing a newsletter. 1.) Regulate how often you send updates-- you don’t want to annoy your subscribers by flooding their inbox. 2.) Remember to offer a way for subscribers to unsubscribe if they desire-- work within the law. 3.) Stay on topic. The newsletter is about your art... not the movie you watched last week.
Create an art blog -- Maintaining an art blog that is focused on your practice is an effective way to promote your art online. As I have mentioned on the Myartspace Blog in the past, Blogger and Wordpress are two good options to consider if you decide to create a blog for your art. It is important to post regularly if you decide to take this route for promoting your art online. Strive to post at least two entries per week-- if possible try to post daily.
Maintaining an active blog can be a great way to increase the traffic ranking of your personal website and art social network profiles that you maintain. Using sites like Pingomatic.com can help you to spread your blog across the World Wide Web like wildfire. You may also consider using social networking sites like Facebook and Myspace to further exposure for your blog. Twitter.com is also a good option to consider.
My advice is to keep your art blog focused on art. Write about your art practice, post images of works in progress, post press releases for any exhibit that you are involved with, and write about issues that concern you within the context of the art world. Remember that writing about fellow artists can be helpful as well-- they may even decide to write about you.
Utilize social bookmarking -- There is a reason why most websites offer social bookmarking tabs-- it is an effective way to promote the site and is also an effective way for site users to promote their interests. This is important for an artist who desires to promote his or her art online. By utilizing social bookmarking you can increase traffic to images of art that you have uploaded or increase the flow of traffic to your art blog. The possibilities are only limited by how active or inactive you are in promoting your art online.
Participate in art forum discussions -- Participating in art forum discussions can be a very effective way of promoting your art. There are many online forums that focus on art. Wetcanvas.com is a prime example. You will also find art forums on social networking sites such as Myspace. Many online art communities have forums as well. Some art forums focus on specific themes or forms of art-- the forum on Conceptart.org is a good example.
Remember to take advantage of your art forum participation. An effective way to drive traffic to your personal website or art profile is to include a link to those respected sites in your forum signature. In other words, each comment that you leave increases exposure for your art online. You never know who may discover your website while visiting the forum.
Other Art Advice Articles:
Stop Complaining and Focus on your Online Presence!
Just another starving artist?
Should I send a gallery a link to my art or images of my art by email in order to be considered for gallery representation?
How can I make a living off of my art?
Should I invest in my career?
How do I market my art?
Should I be worried about my images being 'stolen' online?
The Artist Statement
The Art Portfolio Serves Many Purposes
Take care, Stay true,
Brian Sherwin
Senior Editor
myartspace
www.myartspace.com
NYAXE
www.nyaxe.com
It is important for an artist to think like an online entrepreneur when it comes to promoting his or her art online. One must be relentless if he or she desires to be successful selling art online. Thus, it is important to devote time to online promotion. In the past I have discussed several effective ways to promote art online. Below are some of the topics that have been discussed on the Myartspace Blog in the past. This list is in no way complete, but it may be helpful to artists who are new to promoting their art online. Feel free to comment with any advice that you have.
Join social art sites -- Joining social art networks, such as myartspace.com , is an effective way to promote your art online. A successful social art site will normally have a high traffic ranking-- which can potentially bring traffic to your personal website if you have it listed on your social art site profile.
These online art communities are different than mere art registries due to the fact that they utilize aspects of social networking-- such as the ability to leave comments-- and often involve an onsite messaging system so that users can communicate with each other on the site. This form of interaction can be vital as far as promoting your art is concerned.
Social art sites can be very useful if you are selling art online. Most social art networks offer an eCommerce platform. There are hundreds, if not thousands, of social art networks to choose from. Each site will offer different opportunities. However, some social art sites have limitations compared to others. For example, Artwanted.com currently sets a limit as to how many images a free user of the site can upload per month-- in order to have unlimited uploading capability on Artwanted you must become a Premium user. Other social art sites, like myartspace.com, offer unlimited uploading to free users.
It is also important to remember that some social art sites have a general community theme. For example, deviantART.com tends to promote fan art-- art involving characters from popular cartoons, movies, and graphic novels-- so it may not be the best site to promote yourself on if you are a fine artist. It is also important to remember that the level of professionalism varies from one site to another. Some social art sites cater to young teens while others are designed for career-oriented adults.
Join social networking sites in general -- Joining social networking sites like Myspace.com and Facebook.com can be an effective way to promote your art online. Most of the top social networking sites allow you to create groups and fan pages. Thus, you may consider creating a group for your art along with a fan page.
The interaction you have on social networking sites can potentially introduce your art to individuals who may not frequent social art sites. In other words, by being active on sites like Facebook and Myspace you may open doors to potential buyers who you would not have met otherwise. You may also meet curators and members of the press who can give you advice.
Establish a newsletter (e-Letter) -- Establishing a newsletter is a very effective way to promote your art online. Companies promote their products and keep a steady flow of traffic coming to their website by utilizing this tactic. The business-minded artist should take advantage of this marketing strategy by adding interested individuals to his or her newsletter or by offering a way for individuals to subscribe to the newsletter if they desire.
There are three things to remember when establishing a newsletter. 1.) Regulate how often you send updates-- you don’t want to annoy your subscribers by flooding their inbox. 2.) Remember to offer a way for subscribers to unsubscribe if they desire-- work within the law. 3.) Stay on topic. The newsletter is about your art... not the movie you watched last week.
Create an art blog -- Maintaining an art blog that is focused on your practice is an effective way to promote your art online. As I have mentioned on the Myartspace Blog in the past, Blogger and Wordpress are two good options to consider if you decide to create a blog for your art. It is important to post regularly if you decide to take this route for promoting your art online. Strive to post at least two entries per week-- if possible try to post daily.
Maintaining an active blog can be a great way to increase the traffic ranking of your personal website and art social network profiles that you maintain. Using sites like Pingomatic.com can help you to spread your blog across the World Wide Web like wildfire. You may also consider using social networking sites like Facebook and Myspace to further exposure for your blog. Twitter.com is also a good option to consider.
My advice is to keep your art blog focused on art. Write about your art practice, post images of works in progress, post press releases for any exhibit that you are involved with, and write about issues that concern you within the context of the art world. Remember that writing about fellow artists can be helpful as well-- they may even decide to write about you.
Utilize social bookmarking -- There is a reason why most websites offer social bookmarking tabs-- it is an effective way to promote the site and is also an effective way for site users to promote their interests. This is important for an artist who desires to promote his or her art online. By utilizing social bookmarking you can increase traffic to images of art that you have uploaded or increase the flow of traffic to your art blog. The possibilities are only limited by how active or inactive you are in promoting your art online.
Participate in art forum discussions -- Participating in art forum discussions can be a very effective way of promoting your art. There are many online forums that focus on art. Wetcanvas.com is a prime example. You will also find art forums on social networking sites such as Myspace. Many online art communities have forums as well. Some art forums focus on specific themes or forms of art-- the forum on Conceptart.org is a good example.
Remember to take advantage of your art forum participation. An effective way to drive traffic to your personal website or art profile is to include a link to those respected sites in your forum signature. In other words, each comment that you leave increases exposure for your art online. You never know who may discover your website while visiting the forum.
Other Art Advice Articles:
Stop Complaining and Focus on your Online Presence!
Just another starving artist?
Should I send a gallery a link to my art or images of my art by email in order to be considered for gallery representation?
How can I make a living off of my art?
Should I invest in my career?
How do I market my art?
Should I be worried about my images being 'stolen' online?
The Artist Statement
The Art Portfolio Serves Many Purposes
Take care, Stay true,
Brian Sherwin
Senior Editor
myartspace
www.myartspace.com
NYAXE
www.nyaxe.com
Saturday, January 10, 2009
Stealing Images Online… and other Copyright Issues
Stealing Images Online… and other Copyright Issues
The internet has created opportunities that visual artists would not have had in the past. However, with internet driven opportunity comes the need for greater responsibility-- artists need to be prepared to protect their art if a company or individual infringes upon them. It goes without saying that visual artists who utilize the internet for gaining exposure are faced with this burden. That said, it is a necessary burden. The rewards of online exposure outweigh the risk-- and with proper documentation the risk, under current copyright law, could very well become a reward if your art is infringed upon.
Dion at Art News Blog recently posted a blog entry, titled ‘Stealing Images Online‘ , that reminded me of some of the opinions that Gary Schuster, an attorney with Jacobowitz & Gubits, LLP (Walden , New York), stressed on the Myartspace Blog with the Art Space Law series. Mr. Schuster covered various topics, such as the legal aspects of image theft, copyright infringement, appropriation art, derivative works, copyright law, fair use, and image manipulation / alteration. Thus, I feel that it is important to highlight these topics once again:
What you need to know about Copyright laws . In regards to copyright registration and cases of fighting copyright infringement Schuster stated, “You may not bring a copyright infringement lawsuit unless the work has been registered. Furthermore, if the infringement occurs before registration, you are limited to receiving your "actual damages". If the infringement occurs after registration you are eligible for "statutory damages", which can be both higher and easier to obtain. You will also be eligible to recover your reasonable attorneys fees and costs.
Actually, the mere fact that you are eligible for statutory damages, attorneys fees and costs puts you in a stronger position in pre-litigation settlement negotiations. If all you can get is actual damages your settlement leverage is much reduced. With a law firm retainer of $5,000 or $10,000 or more for litigation, you definitely want to try to settle. You get all this for just $45.”
Ripped and Altered? What You Need to Know . In this entry Schuster discussed copyright infringement-- among other topics. Concerning copyright infringement Schuster stated, “Contrary to urban legend, there is no particular percentage which needs to be reached in order to permit a finding of infringement. Generally the tests are (i) was there access to the first work, (ii) was there copying, and (iii) was the copying substantial…”
Schuster went on to say, “Generally it means that the infringer copied a substantial portion of the original work. It doesn’t have to be literal, word-for-word copying. The "total concept and feel" of a work can also be protected by copyright. This is one of those areas where it comes down to "I know it when I see it." One thing that can be said with certainty is that substantial similarity is a question of fact rather than a question of law. The jury will determine whether the two works are substantially similar.”
Concerning derivative works Schuster stated, “A derivative work is, quite simply, one work that is derived from another. So, for example, a film is derived from a novel. A musical is derived from a film. One of the exclusive rights that a copyright owner has is the exclusive right to prepare derivative works, and authorize others to. If you own the copyright in a painting you have the right to prevent others from creating other works, derived from your painting, without your consent.”
Imagine Fair Use . Schuster explored the issues surrounding fair us. He stated, “Fair use permits the copying and distribution of copyrighted material, without the owner’s consent, for purposes of criticism, commentary, news reporting, teaching, scholarship or research. Fair use is where copyright law gives way to the First Amendment guarantees of freedom of speech and expression.”
Schuster provided examples of the controversy that can arise over claims of fair use. In the article Schuster described three specific tests used to determine whether a claim of fair use is acceptable or not. He also stated that issues of this nature become one of Copyright vs. The First Amendment if they end up in court.
The advice that Mr. Schuster provided makes for a good read if you are interested in art law. However, his advice does come with a disclaimer-- The information in this article is for general information purposes only. It is not, nor is it intended to be, legal advice for any particular person or circumstance, or for Internal Revenue Code purposes as described in IRS Circular 230. This article is not a substitute for obtaining legal advice from an attorney based on your particular circumstances.
As for me I can only say that at heart copyright law is an issue of respect .
Take care, Stay true,
Brian Sherwin
Senior Editor
www.myartspace.com
The internet has created opportunities that visual artists would not have had in the past. However, with internet driven opportunity comes the need for greater responsibility-- artists need to be prepared to protect their art if a company or individual infringes upon them. It goes without saying that visual artists who utilize the internet for gaining exposure are faced with this burden. That said, it is a necessary burden. The rewards of online exposure outweigh the risk-- and with proper documentation the risk, under current copyright law, could very well become a reward if your art is infringed upon.
Dion at Art News Blog recently posted a blog entry, titled ‘Stealing Images Online‘ , that reminded me of some of the opinions that Gary Schuster, an attorney with Jacobowitz & Gubits, LLP (Walden , New York), stressed on the Myartspace Blog with the Art Space Law series. Mr. Schuster covered various topics, such as the legal aspects of image theft, copyright infringement, appropriation art, derivative works, copyright law, fair use, and image manipulation / alteration. Thus, I feel that it is important to highlight these topics once again:
What you need to know about Copyright laws . In regards to copyright registration and cases of fighting copyright infringement Schuster stated, “You may not bring a copyright infringement lawsuit unless the work has been registered. Furthermore, if the infringement occurs before registration, you are limited to receiving your "actual damages". If the infringement occurs after registration you are eligible for "statutory damages", which can be both higher and easier to obtain. You will also be eligible to recover your reasonable attorneys fees and costs.
Actually, the mere fact that you are eligible for statutory damages, attorneys fees and costs puts you in a stronger position in pre-litigation settlement negotiations. If all you can get is actual damages your settlement leverage is much reduced. With a law firm retainer of $5,000 or $10,000 or more for litigation, you definitely want to try to settle. You get all this for just $45.”
Ripped and Altered? What You Need to Know . In this entry Schuster discussed copyright infringement-- among other topics. Concerning copyright infringement Schuster stated, “Contrary to urban legend, there is no particular percentage which needs to be reached in order to permit a finding of infringement. Generally the tests are (i) was there access to the first work, (ii) was there copying, and (iii) was the copying substantial…”
Schuster went on to say, “Generally it means that the infringer copied a substantial portion of the original work. It doesn’t have to be literal, word-for-word copying. The "total concept and feel" of a work can also be protected by copyright. This is one of those areas where it comes down to "I know it when I see it." One thing that can be said with certainty is that substantial similarity is a question of fact rather than a question of law. The jury will determine whether the two works are substantially similar.”
Concerning derivative works Schuster stated, “A derivative work is, quite simply, one work that is derived from another. So, for example, a film is derived from a novel. A musical is derived from a film. One of the exclusive rights that a copyright owner has is the exclusive right to prepare derivative works, and authorize others to. If you own the copyright in a painting you have the right to prevent others from creating other works, derived from your painting, without your consent.”
Imagine Fair Use . Schuster explored the issues surrounding fair us. He stated, “Fair use permits the copying and distribution of copyrighted material, without the owner’s consent, for purposes of criticism, commentary, news reporting, teaching, scholarship or research. Fair use is where copyright law gives way to the First Amendment guarantees of freedom of speech and expression.”
Schuster provided examples of the controversy that can arise over claims of fair use. In the article Schuster described three specific tests used to determine whether a claim of fair use is acceptable or not. He also stated that issues of this nature become one of Copyright vs. The First Amendment if they end up in court.
The advice that Mr. Schuster provided makes for a good read if you are interested in art law. However, his advice does come with a disclaimer-- The information in this article is for general information purposes only. It is not, nor is it intended to be, legal advice for any particular person or circumstance, or for Internal Revenue Code purposes as described in IRS Circular 230. This article is not a substitute for obtaining legal advice from an attorney based on your particular circumstances.
As for me I can only say that at heart copyright law is an issue of respect .
Take care, Stay true,
Brian Sherwin
Senior Editor
www.myartspace.com
Thursday, January 08, 2009
The Importance of Art Blogs: Do Art Bloggers Influence Art Criticism and Appreciation?
The idea that art blogging is an important aspect of art writing in general has gained momentum in recent years. The change in attitude has been spearheaded by the actions and influence of several art bloggers. Art in American tackled the subject in the form of an article by Peter Plagens that involved feedback from veteran art bloggers in 2007. The article, titled ‘Report from the Blogosphere: The New Grass Roots’, detailed the importance of art blogs and the role they play within the context of the arts community. Several key figures in the art blogging community participated-- including Edward Winkleman, Roberta Fallon, and Tyler Green.
This momentum of acceptance has continued to advance into 2009. A recent article by art critic Martha Schwendener for The Village Voice suggests that art blogs have helped shape a more laissez-faire climate for art writing. Schwendener states, "Art blogs have created a new, largely unedited, admirably 'unprofessional'—hence, democratic—venue for people to speak their minds, gossip, or theorize about art.”. Thus, it is obvious that mainstream art publications are starting to acknowledge the work of specific art bloggers. However, this acknowledgement is a double-edged sword due to the fact that some individuals view art bloggers as a threat to traditional art media.
One can easily discover individuals who attempt to discredit the validity of art criticism, exhibit reviews, and other art related reporting by art bloggers simply because they are “bloggers“. That attitude enforces the opinion that only a select few are worthy of offering art criticism-- which is exactly why these individuals will inevitably loose the imagined battle they are waging against art bloggers and other forms of alternative press. Today the arrogance of print is ousted at every turn. True, some art bloggers do need to have their validity questioned, but that does not mean that all art bloggers should be lumped together. After all, there have been cases of traditional art publications being discredited. Does that mean they are all bad?
These issues are of interest to me. Thus, I’ve decided to do further research concerning art blogs and the impact they have had on the global art community-- as well as the influence they have played concerning art appreciation in the eyes of the general public-- especially in the United States. This is no easy task. There are many hard line opinions concerning art bloggers and the validity of their art criticism and exhibit reviews. Even within the art blogging community there is division over the importance of art blogs. There are also strong opinions as to which art bloggers are the most valid. Fortunately, I’ve not noticed a strict pecking order yet. In fact, most of the art bloggers who focus on art criticism, exhibit reviews, and opinions are very supportive of the community as a whole.
I’m currently conducting a survey involving over 1,000 art bloggers in order to examine how art bloggers view the importance of their work compared to traditional forms of art media. So far the opinions have been mixed. Some art bloggers-- mostly those with backgrounds in traditional art media-- view art blogs as more of a hobby than anything else. In other words, they question the integrity of art blogging in general. Other art bloggers take a hard line stance against traditional art media by claiming that traditional art media is more apt to report on, critique, and review artists based on who has bought ads and the connections that artists and gallerists have with individuals who are in charge of the publications. However, some art bloggers have had similar opinions concerning specific art blogs based on the research I've conducted so far.
The opinions that have been shared with me are between me and each individual art blogger who has participated. So no, I will not publish comments without consent nor will I address specific views that may link the blogger to his or her viewpoint unless the individual desires me to do so. I want to stress that this survey is not about creating division in the art blog community nor is it designed to single anyone out. The goal is simply to address some of the thoughts that art bloggers have about art blogging in general. However, I will consider interviewing art bloggers about their art blog and their opinions of art blogging in general if anyone is interested in taking a more direct approach to the topic. This will be an ongoing project on the Myartspace Blog.
Feel free to comment with your opinion concerning the influence of art blogs in general compared to the influence of traditional art publications. Feel free to comment with your list of favorite art blogs as well.
Link of Interest:
What Crisis? Some Promising Futures for Art Criticism by Martha Schwendener for The Village Voice
Take care, Stay true,
Brian Sherwin
Senior Editor
www.myartspace.com
www.myartspace.com/interviews
This momentum of acceptance has continued to advance into 2009. A recent article by art critic Martha Schwendener for The Village Voice suggests that art blogs have helped shape a more laissez-faire climate for art writing. Schwendener states, "Art blogs have created a new, largely unedited, admirably 'unprofessional'—hence, democratic—venue for people to speak their minds, gossip, or theorize about art.”. Thus, it is obvious that mainstream art publications are starting to acknowledge the work of specific art bloggers. However, this acknowledgement is a double-edged sword due to the fact that some individuals view art bloggers as a threat to traditional art media.
One can easily discover individuals who attempt to discredit the validity of art criticism, exhibit reviews, and other art related reporting by art bloggers simply because they are “bloggers“. That attitude enforces the opinion that only a select few are worthy of offering art criticism-- which is exactly why these individuals will inevitably loose the imagined battle they are waging against art bloggers and other forms of alternative press. Today the arrogance of print is ousted at every turn. True, some art bloggers do need to have their validity questioned, but that does not mean that all art bloggers should be lumped together. After all, there have been cases of traditional art publications being discredited. Does that mean they are all bad?
These issues are of interest to me. Thus, I’ve decided to do further research concerning art blogs and the impact they have had on the global art community-- as well as the influence they have played concerning art appreciation in the eyes of the general public-- especially in the United States. This is no easy task. There are many hard line opinions concerning art bloggers and the validity of their art criticism and exhibit reviews. Even within the art blogging community there is division over the importance of art blogs. There are also strong opinions as to which art bloggers are the most valid. Fortunately, I’ve not noticed a strict pecking order yet. In fact, most of the art bloggers who focus on art criticism, exhibit reviews, and opinions are very supportive of the community as a whole.
I’m currently conducting a survey involving over 1,000 art bloggers in order to examine how art bloggers view the importance of their work compared to traditional forms of art media. So far the opinions have been mixed. Some art bloggers-- mostly those with backgrounds in traditional art media-- view art blogs as more of a hobby than anything else. In other words, they question the integrity of art blogging in general. Other art bloggers take a hard line stance against traditional art media by claiming that traditional art media is more apt to report on, critique, and review artists based on who has bought ads and the connections that artists and gallerists have with individuals who are in charge of the publications. However, some art bloggers have had similar opinions concerning specific art blogs based on the research I've conducted so far.
The opinions that have been shared with me are between me and each individual art blogger who has participated. So no, I will not publish comments without consent nor will I address specific views that may link the blogger to his or her viewpoint unless the individual desires me to do so. I want to stress that this survey is not about creating division in the art blog community nor is it designed to single anyone out. The goal is simply to address some of the thoughts that art bloggers have about art blogging in general. However, I will consider interviewing art bloggers about their art blog and their opinions of art blogging in general if anyone is interested in taking a more direct approach to the topic. This will be an ongoing project on the Myartspace Blog.
Feel free to comment with your opinion concerning the influence of art blogs in general compared to the influence of traditional art publications. Feel free to comment with your list of favorite art blogs as well.
Link of Interest:
What Crisis? Some Promising Futures for Art Criticism by Martha Schwendener for The Village Voice
Take care, Stay true,
Brian Sherwin
Senior Editor
www.myartspace.com
www.myartspace.com/interviews
Tuesday, January 06, 2009
Art Space Talk: Amanda Palmer
Amanda Palmer. Photo by Beth HommelAmanda Palmer is the lead singer, pianist, and lyricist/composer of the duo known as The Dresden Dolls . Palmer describes the musical style of The Dresden Dolls as "Brechtian punk cabaret". One could say that Palmer, along with Brian Viglione, helped to spur mainstream interest in dark cabaret-- an underground music movement that started gaining momentum in the early 1990s.
The Dresden Dolls have performed at Lollapalooza, Britain's Reading and Leeds Festivals, Cyndi Lauper’s True Colors Tour, among other venues. The Dresden Dolls debut network TV appearance occurred on 'Jimmy Kimmel Live' performing "Girl Anachronism". The duo are known for meshing aspects of performance and visual art together during their performances.
Amanda Palmer has stated that the name was inspired by the firebombing of Dresden, Germany during World War II and the porcelain dolls which were created in mass in pre-war Dresden industry-- among other influences. Palmer has went on to say that she liked the parallel between the destruction that occurred in Dresden and the delicacy of dolls. This parallel is reflected in the music of The Dresden Dolls and Palmer’s vocal range which ranges from a “childlike whisper” to a “banshee scream” within seconds.
Palmer's solo album, Who Killed Amanda Palmer?, was released on September 16th, 2008. The album was produced by Ben Folds -- who also played on the album. The title of the album is a play on an expression used by fans during Twin Peaks’ original run, "Who killed Laura Palmer?" A companion book was released with the album featuring pictures of Palmer looking as if she were murdered with accompanying writing by Neil Gaiman .
Amanda Palmer offered her time to answer a few questions about the influence that visual and performance art has had on her musical direction. A big thanks goes to Beth Hommel for being instrumental in the interview process.
Amanda Palmer. Photo by Brian ViglioneBrian Sherwin: Amanda, you are the lead singer, pianist, and lyricist/composer of The Dresden Dolls. As you know, Myartspace normally focuses on visual artists. However, your music often involves a meshing between visual art, performance art, and music. Can you discuss the influence that visual art, specifically performance art, has had on the development of The Dresden Dolls? For example, can you name any specific visual artists that have inspired you?
Amanda Palmer: Oh, for sure. The wonderful thing about rock is that it's a truly multimedia forum. There's the album artwork, the posters, the live shows, the stage design, the costumes, the videos....it's perfect for a gesamtkunstwerk hound like myself. I found myself recently watching Monty Python and being really inspired by Terry Gilliam's animations. I decided that those would be a perfect look for my new line of merchandise. Things like that are beautiful.
The Dresden Dolls' video for "Sing" from the record "Yes, Virginia..." 2006 Roadrunner Records. Shot, Cut, & Directed by Michael Pope
BS: It is my understanding that you are directly involved with the visual art that represents The Dresden Dolls-- everything from album cover selection to set design. In a sense, the art and design is a reflection of your taste. How much creative control do you have over the visual concepts of the band? Or would you say that the visual aspects are a collaboration between you and band mate Brian Viglione?
AP: Things are generally in my control but I always run anything important by Brian, and he'll often give me feedback. Sometimes it's great to have an outside eye. But sometimes deciding by committee can be hell.
The Dresden Dolls perform "Half Jack" live at The Paradise Rock Club June 5th, 2005 in Boston, MA.
BS: Concerning the image of the band, you have said the following, "It makes me very sad when I find out that people who never hear our music think that we are really about image and not about substance". With that in mind, have you ever doubted the visual direction of the band, so to speak? In other words, have you ever thought about reducing the visual impact that you and Brian have? Or are you steadfast on keeping that image strong regardless of who challenges it?
AP: I feel strongly about following my own impulses and having no regrets. I would never make exactly the same aesthetic choices I made four years ago, but that's normal, we grow. If you start faltering and stuttering "oh, I wish I had done this, I wish I had done that" then you're not focusing on NOW and what you ARE doing. This is important.
BS: Can you discuss your roots in performance art?. For example, while in college you created a performance piece titled "Potential" that utilized various recordings of songs that you had written. During the performance you destroyed about 200 cassette tapes with a hammer. The performance ended with you confronting the audience with statements about how you "hated" yourself for having wasted your life. In a sense, the performance challenged the idea of "potential" and the burden that individuals are faced with when high hopes are placed up their creative development. Would you like to discuss that performance? What about other specific projects like "Potential" that you have been involved with?
AP: That one was the ultimate wank-fest! But very useful. I think every performance artist probably starts that way, just to clear the air. There's something about exorcising demons like that in front of an audience. When I look back, I'm impressed I had the balls to do a lot of things I did. I wasn't thinking very much, and that was wonderful.
I created some wonderful site-specific performances when I was in my early twenties that I have very fond memories of. One was at a friends loft, a show for about 200 people. I did a piece called "Where's Jennifer" and it involved blindfolding the entire audience with neckties while terrified actresses/girls ran from their father and tried to hide amongst the members of the audience. It was amazing.
BS: You are involved with the Cloud Club, correct? My understanding is that the Cloud Club is a collective of artists. The artists living in the residency work in a wide range of media. Including, filmmaking, painting, dance, animation…etc. Can you discuss your experience at the Cloud Club? Perhaps you could give a brief history of the residency?
AP: The Cloud Club is an artists residence in Boston, and it's constantly undergoing changes. I had my heyday there when Michael Pope, the filmmaker, and I were both living there and I hadn't started touring in earnest. There was a painter next door named Zea Barker who created a lot of work for the Dolls and also did art direction for our videos. Those were real golden days.
Nowadays I'm not around there anymore and we're in a quiet period, but we're always looking for new good artists. They can be hard to find. The house doesn't have a website, which is a shame because I would love to share the place with people. We're working on it.
BS: What about your thoughts on art collectives in general-- specifically as a support system for emerging individuals?
AP: Essential. And wonderful. You see a lot more of these types of places in Europe. Sadly, art and music is seen differently in the states, more as a luxury and not a necessity.
BS: A good example of meshing music, visual art, and performance art would be the collaboration between the Dresden Dolls and The Red Paintings during your tour in 2006. The audience members and auditioned painters were allowed to work on paintings that served as a visual memento of that collaboration. You took part in some of these works. Can you tell our readers about that experience? Is it something you would consider doing again?
BS: Do you collect visual art? Perhaps you know of some artists that our readership should look into? Visual artists that you have worked with for example...
AP: Oh yes please. Run, don't walk, to Barnaby Whitfield's site: www.barnabywhitfield.com. My favorite. I'm also a big fan of E. Stephen Frederick (www.empiresnafu.org) and Cassandra Long (www.cassandralong.net)
Video for "Leeds United" from Amanda Palmer’s solo album "Who Killed Amanda Palmer", produced by Ben Folds. Directed by Alex de Campi. Choreography by Steven Mitchell Wright, featuring the Whoopee Beaux Belles Director of Photography: Joe Dyer. Produced by Irresistible Films. Art Direction: Jenny Ray. Voiceover: Des O'Connor
BS: Amanda, successful artists often face similar burdens-- no matter what form of creative expression they embrace-- in that they are both expected to submit to the cult of celebrity, so to speak. Interested parties often desire that artists become the next 'Art Star'. For example, career advisors will often suggest that a successful artist should adhere to a certain degree of mystique. Those expectations often facilitate the myth of being an 'artist'. Needless to say, fans often embrace the persona they observe within the painting, within the lyrics-- they create their own image of who the artist is as a person. What are your thoughts on this? In your opinion, how should people learn to view the person behind the work instead of only observing assumptions based on the work? Or is that just the price of fame-- wanted or unwanted?
AP: This is a totally personal question that must be answered differently by every artist. I'm a sharing, blunt, out-there kind of person and so I've incorporated it into my public "persona". But not everybody is like that, nor should they be. I think the key is to be totally authentic all the time. Anything that you cultivate un-authentically, for greedy reasons, like a false mystique or a fake sense of exhibitionism... all those things can poison you. You have to simply be what you are.
Amanda Palmer plays "Astronaut" from her solo debut, "Who Killed Amanda Palmer." Recorded at The Paradise Rock Club. Recorded by Johnny Onasis, ToolDVN, Tom Buehler, James Holland, Erik Holland, and Peter Sand. Edited by Peter Sand.
BS: I don't want to take up too much of your time. Thus, I will close this interview with the following question. What advice can you give to a young creative person-- a young painter, singer, or musician? Do you have any words of wisdom for those who dream big?
AP: Yes. Do not be afraid to do the things in your head. They might not make sense to anybody else, but as long as they make sense to you, that's what counts. Also, never have a plan B. Plan B will kill you.
You can learn more about Amanda Palmer by visiting her website-- www.amandapalmer.net. You can read more of my interviews by visiting the following page-- www.myartspace.com/interviews.
Take care, Stay true,
Monday, January 05, 2009
Gallery Patrons Throw Shoes at President Bush
It appears that more shoes have been thrown at President Bush-- only this time the target was hit. The art event took place during the opening of a small gallery in Ashland, Oregon. Visitors to the MAda Shell Gallery made donations to the gallery in exchange for taking a shot at an 8-foot image of George Walker Bush.The shoes, provided by gallery owners Eric Navickas and Amy Godard, were thrown at the image after being painted red. Godard stated that the exhibit was intended to be a “statement of solidarity” in order to show support for Iraqi journalist Muntadhar al-Zeidi who was arrested after taking two shoe-shots at the President during a recent Baghdad news conference.
I‘m certain that other works involving Bush and shoes will pop up this month. The only question I have about this specific project is-- why the red paint? What does it symbolize… does it represent blood? Bush’s blood? Al-Zeidi’s blood? --apparently he was beaten after the incident-- or does it represent the blood of those who have died in Iraq? Maybe it was just a way to collect donations with no other symbolism attached? What say you?
In closing I must say that we in the United States should respect the fact that exhibits of this manner exist. I think we often take for granted the fact that we can express ourselves in this way-- we tend to forget that there are many people throughout the world who do not share that same type of freedom.
Art and sole: Patrons pitch shoes at Bush image
Take care, Stay true,
Brian Sherwin
Senior Editor
www.myartspace.com
www.nyaxe.com
eCommerce is a Welcome Addition to the Art Market
Lately I’ve been thinking about the influence the internet has had on the mainstream art world. One can already notice the fact that many gallery represented artists have a personal website-- some are exploring eCommerce as well. That said, there is no doubt that the next generation of artists and art collectors will be tech savvy in general-- having been raised with the World Wide Web. I expect that we will observe an extreme shift toward utilizing the internet within the context of the art world as a whole in the near future. I can foresee advances in eCommerce involving the art market as well as galleries striving for online visibility (that will be a hard fight since so many have slacked on it).
The possibility of a great shift makes sense when you consider the number of artists who have been utilizing the internet in order to gain exposure as well as the number who have explored the potential of eCommerce in recent years. It goes without saying that artists are leading this charge-- and that is exactly why gallerists will eventually pursue it in mass. In other words, the galleries will have to fill a need that the artists they represent obviously desire-- the need for high online visibility and alternative marketing by utilizing eCommerce. My guess is that artists in the near future will expect this from those who represent them.
The possibility of a great shift makes sense when you consider the number of artists who have been utilizing the internet in order to gain exposure as well as the number who have explored the potential of eCommerce in recent years. It goes without saying that artists are leading this charge-- and that is exactly why gallerists will eventually pursue it in mass. In other words, the galleries will have to fill a need that the artists they represent obviously desire-- the need for high online visibility and alternative marketing by utilizing eCommerce. My guess is that artists in the near future will expect this from those who represent them.
When this great shift occurs I predict that artists will discover these options independent of the gallery that represents them if said gallery has failed to offer eCommerce and high online visibility. Again, the next generation of artists and art collectors will most likely expect a gallery to offer eCommerce and to have a visible online presence. Thus, I think a gallery owner would be better off exploring the possibility now in order to be prepared for the future. No matter what happens it does not hurt to have an improved online presence, true?
I will not go as far as to say that eCommerce will replace the traditional art market, but I will say that it is certainly a viable alternative-- a welcome addition to the art market. That said, I realize that traditionalists of the art market will firmly state that buying art online will never replace viewing and buying art in person. I agree to a point. However, one must remember that the same was said about other items and services that are now commonly sold online.
That is not to suggest that art is an ‘item’ or a ‘service‘-- that is up to the individual to decide -- it simply reveals how naysayers have been proven wrong in the past concerning eCommerce. People are starting to 'get' it. My guess is that we will see an increase in galleries selling art online by the end of 2009.
Topics of Interest:
Take care, Stay true,
Brian Sherwin
Senior Editor
Sunday, January 04, 2009
Looking Back at Myartspace Blog 2008
Now that 2009 is here I thought it would be good to take a look back at 2008 and some of the stories mentioned on the Myartspace Blog. Looking back it seems that 2008 was fueled by politics-- be it Barack Obama’s impact on art or the concern over the potential of the Orphan Works Bill being passed. Economic worries were plentiful in 2008. This will be the first of three entries covering 2008.
An art critic defends controversial photographer -- I had to disagree with the art critic Benjamin Genocchio concerning the Bill Henson controversy in Australia. In my opinion, Genocchio made some poor choices in his article about the steps that the photographer had taken in order to avoid a similar controversy at the Robert Miller Gallery in New York. The Bill Henson controversy has had so many plot twists throughout 2008 that it would make Alfred Hitchcock proud.
Shepard Fairey should be questioned -- I made it clear that the practice of Shepard Fairey should be questioned. There are too many contradictions surrounding his career and statements that he has made. It is amusing that an artist who has built his career on the backs of other artists, like Rene Mederos, demands that people respect his copyright protected works and the intentions of his work. It is even more amusing when you consider that Shepard Fairey is involved with the Manifest Hope exhibits-- which demands that people who submit work prove that they own the rights to the art they submit. I wrote Manifest Hope about this contradiction and received a reply from Yosi Sergant of the Evolutionary Media Group. His reply-- “Yawn”. Great to know that Manifest Hope is concerned with artists rights-- note my sarcasm.
Art and Recession -- It appears that the current status of the economy may have delivered the final blow over the success of the art market. Many had thought that the booming art market would continue to thrive regardless of the financial crisis facing the global economy. Today is a new day-- and it is not exactly better. There is great fear that the financial bubble surrounding the traditional aspects of the art market may finally burst. Could it be that the art world recession has finally come? Are we already there? These questions and more plague the thoughts of art dealers at this time. The need to adapt is now.
Art and the economy -- Nathaniel Stern offered his insight into the state of art and the economy-- and how it can help or harm an experimental artist. According to Stern, Experimental artists tend not to show at commercial galleries so much; the work is generally harder to sell (sometimes nigh impossible), and so I often rely on my own funds, grants, commissions, experimental galleries and museum spaces to create and exhibit my work. People like me often have full-time day jobs and live off writing or academia or the like. Given the monetary crisis, the number of people looking for these kinds of funds and art-related jobs will increase, while the amount of them will stall and/or dwindle.
Damien Hirst look into alternative markets -- Damien Hirst states that he has slashed prices and reveals plan to market clothing with his images upon them. The artist, businessman, and entrepreneur is now looking forward to selling his work for affordable rates within the context of recent global economic woes-- reducing the price of some works by half. Hirst has also said that he is looking at more realistic prices in general, "If I want to sell new work, I'll price it lower. If people have got less money, you can either just shut your door and say, 'Screw everybody', or I can wait until everyone can afford my work or price it cheaper." I’m not exactly a fan of Hirst’s work, but I’m very interested in his marketing strategy.
A crooked art dealer caught? -- It seems that a ‘prominent’ New York and Miami art dealer was arrested last week on charges of selling forged paintings. If the allegations are true the art dealer, Giuseppe Concepcion, set his caliber high. The alleged forgeries include works by several famous artist-- the likes of Henri Matisse and Marc Chagall.
Contemporary Middle Eastern art -- Is contemporary Middle Eastern art the next big thing? Individuals who took part in a conference organized by ArtTactic in 2008 think so. The signs are already here-- Arab and Iranian art at auction had increased from £1million in 2006 to over £17million in 2008.
Damien Hirst and his wonderful toys -- In 2008 Damien Hirst received some royal treatment. However, it was not in the way that he would have liked. Sir Peter Maxwell Davies, the Queen’s composer, attacked the “dumbing down” and commercialization of the arts due to the success of Damien Hirst. Sir Peter lashed out at bankers, educationalists, politicians and religion as the fuel for the “dumbing down” problem. During a speech he used Damien Hirst’s record breaking auction at Sotheby’s as an example.
For the Love of God -- I discussed a story involving Damien Hirst and a 16 year old street artist known as Cartrain. The Design and Artists Copyright Society, of which Damien Hirst is a member, contacted Cartrain after receiving direct instructions from Hirst. The society informed the young artist that he had broken the law by infringing upon Hirst’s copyright. Hirst’s demands were clear-- he demanded the original works and the halt of sales with the threat of legal action. Hirst also demanded the profit that Cartrain had made from selling his collages and prints. Four works were confiscated by DACS from Cartrain’s gallery on November 12th. Reports state that Cartrain only earned about £200 from sales of the work. I think in this situation Cartrain was working within his rights given the fact that Hirst’s images are known the world over. In that sense, Cartrain was simply exploring parody. Yes, copyright and the laws surrounding it can be a double-edged sword.
Art world trouble in Miami -- Gallerists, collectors, and art appreciators were fully aware of the dark cloud-- psychologically speaking-- looming over Miami during the recent art fairs. The ‘rain’ fell on Scope, Pulse, Bridge and other art fairs-- they fell on Art Basel Miami Beach as well. It was a psychological rain and with it came great concern and fear surrounding the stability of the current art market. The streets and busses were filled with rumors and dark predictions-- this collective voice of dissatisfaction blared throughout the length of the Miami fairs.
The real message of Hope behind Barack Obama -- A painting titled “Hope” by Victorian-era artist G.F. Watts influenced Reverend Jeremiah Wright as well as Barack Obama. It seems that “Hope”, painted by G.F. Watts, is deeply embedded within the psyche of Barack Obama. I can see why-- the piece is amazing.
Take care, Stay true,
Brian Sherwin
Senior Editor
www.myartspace.com
www.nyaxe.com
An art critic defends controversial photographer -- I had to disagree with the art critic Benjamin Genocchio concerning the Bill Henson controversy in Australia. In my opinion, Genocchio made some poor choices in his article about the steps that the photographer had taken in order to avoid a similar controversy at the Robert Miller Gallery in New York. The Bill Henson controversy has had so many plot twists throughout 2008 that it would make Alfred Hitchcock proud.
Shepard Fairey should be questioned -- I made it clear that the practice of Shepard Fairey should be questioned. There are too many contradictions surrounding his career and statements that he has made. It is amusing that an artist who has built his career on the backs of other artists, like Rene Mederos, demands that people respect his copyright protected works and the intentions of his work. It is even more amusing when you consider that Shepard Fairey is involved with the Manifest Hope exhibits-- which demands that people who submit work prove that they own the rights to the art they submit. I wrote Manifest Hope about this contradiction and received a reply from Yosi Sergant of the Evolutionary Media Group. His reply-- “Yawn”. Great to know that Manifest Hope is concerned with artists rights-- note my sarcasm.
Art and Recession -- It appears that the current status of the economy may have delivered the final blow over the success of the art market. Many had thought that the booming art market would continue to thrive regardless of the financial crisis facing the global economy. Today is a new day-- and it is not exactly better. There is great fear that the financial bubble surrounding the traditional aspects of the art market may finally burst. Could it be that the art world recession has finally come? Are we already there? These questions and more plague the thoughts of art dealers at this time. The need to adapt is now.
Art and the economy -- Nathaniel Stern offered his insight into the state of art and the economy-- and how it can help or harm an experimental artist. According to Stern, Experimental artists tend not to show at commercial galleries so much; the work is generally harder to sell (sometimes nigh impossible), and so I often rely on my own funds, grants, commissions, experimental galleries and museum spaces to create and exhibit my work. People like me often have full-time day jobs and live off writing or academia or the like. Given the monetary crisis, the number of people looking for these kinds of funds and art-related jobs will increase, while the amount of them will stall and/or dwindle.
Damien Hirst look into alternative markets -- Damien Hirst states that he has slashed prices and reveals plan to market clothing with his images upon them. The artist, businessman, and entrepreneur is now looking forward to selling his work for affordable rates within the context of recent global economic woes-- reducing the price of some works by half. Hirst has also said that he is looking at more realistic prices in general, "If I want to sell new work, I'll price it lower. If people have got less money, you can either just shut your door and say, 'Screw everybody', or I can wait until everyone can afford my work or price it cheaper." I’m not exactly a fan of Hirst’s work, but I’m very interested in his marketing strategy.
A crooked art dealer caught? -- It seems that a ‘prominent’ New York and Miami art dealer was arrested last week on charges of selling forged paintings. If the allegations are true the art dealer, Giuseppe Concepcion, set his caliber high. The alleged forgeries include works by several famous artist-- the likes of Henri Matisse and Marc Chagall.
Contemporary Middle Eastern art -- Is contemporary Middle Eastern art the next big thing? Individuals who took part in a conference organized by ArtTactic in 2008 think so. The signs are already here-- Arab and Iranian art at auction had increased from £1million in 2006 to over £17million in 2008.
Damien Hirst and his wonderful toys -- In 2008 Damien Hirst received some royal treatment. However, it was not in the way that he would have liked. Sir Peter Maxwell Davies, the Queen’s composer, attacked the “dumbing down” and commercialization of the arts due to the success of Damien Hirst. Sir Peter lashed out at bankers, educationalists, politicians and religion as the fuel for the “dumbing down” problem. During a speech he used Damien Hirst’s record breaking auction at Sotheby’s as an example.
For the Love of God -- I discussed a story involving Damien Hirst and a 16 year old street artist known as Cartrain. The Design and Artists Copyright Society, of which Damien Hirst is a member, contacted Cartrain after receiving direct instructions from Hirst. The society informed the young artist that he had broken the law by infringing upon Hirst’s copyright. Hirst’s demands were clear-- he demanded the original works and the halt of sales with the threat of legal action. Hirst also demanded the profit that Cartrain had made from selling his collages and prints. Four works were confiscated by DACS from Cartrain’s gallery on November 12th. Reports state that Cartrain only earned about £200 from sales of the work. I think in this situation Cartrain was working within his rights given the fact that Hirst’s images are known the world over. In that sense, Cartrain was simply exploring parody. Yes, copyright and the laws surrounding it can be a double-edged sword.
Art world trouble in Miami -- Gallerists, collectors, and art appreciators were fully aware of the dark cloud-- psychologically speaking-- looming over Miami during the recent art fairs. The ‘rain’ fell on Scope, Pulse, Bridge and other art fairs-- they fell on Art Basel Miami Beach as well. It was a psychological rain and with it came great concern and fear surrounding the stability of the current art market. The streets and busses were filled with rumors and dark predictions-- this collective voice of dissatisfaction blared throughout the length of the Miami fairs.
The real message of Hope behind Barack Obama -- A painting titled “Hope” by Victorian-era artist G.F. Watts influenced Reverend Jeremiah Wright as well as Barack Obama. It seems that “Hope”, painted by G.F. Watts, is deeply embedded within the psyche of Barack Obama. I can see why-- the piece is amazing.
Take care, Stay true,
Brian Sherwin
Senior Editor
www.myartspace.com
www.nyaxe.com
Saturday, January 03, 2009
Looking Back at Myartspace Blog 2008
Now that 2009 is here I thought it would be good to take a look back at 2008 and some of the stories mentioned on the Myartspace Blog. Looking back it seems that 2008 was fueled by politics-- be it Barack Obama’s impact on art or the concern over the potential of the Orphan Works Bill being passed. Economic worries were plentiful in 2008. This will be the first of three entries covering 2008.
Orphan Works Bill -- Throughout 2008 I explored the dangers of the potential Orphan Works Bill. I asked Alex Curtis, the Director of Policy and New Media for Public Knowledge, about his position concerning the potential bill. I don’t support Public Knowledge’s stance on the bill, but I do like to offer opposing views on the blog.
A dead Barack Obama? -- I discussed “Who Killed Barack Obama” by Peter Fuss. This story interested me because of the backlash Fuss received for having created the piece. 2008 was a year that art and Obama walked hand-in-hand so it was interesting to see an artist mesh the two in a controversial way. Peter Fuss has stated that “Who Killed Barack Obama?“ is not a visual attack against Obama. Fuss suggests that many people see Obama in the same way as Kennedy, Lincoln, M.L.King and Malcolm X were viewed before their tragic demise. Fuss added that the piece is about the “global thought of Obama's unavoidable death“. The piece is about the stereotype of impending doom that is cast over leaders who strive for radical change.
Tattooed pigs were banned in China -- An exhibit involving living tattooed pigs by Wim Delvoye was banned in China. If they had been purchased by collectors the pigs would have been slaughtered and their preserved skins sold for over $10,000 a piece. I asked the question, “Should a line be drawn between branding animals for slaughter and consumption and tattooing and slaughtering animals in the name of art?”
Marc Quinn‘s gold Kate Moss -- I discussed UK sculptor Marc Quinn’s gold sculpture of British model Kate Moss. Quinn created the sculpture with over two millions dollars worth of gold-- a figure that is more absurd than I viewed it at the time considering the struggle that has gripped the global economy since then. I’m not exactly impressed with art that meshes with celebrity. It comes off as easy press in my eyes.
Serrano’s (not so) Humble Investigative Triumph -- I discussed Andres Serrano’s recent work involving human feces. Apparently it took Andres Serrano twenty years to discover that his own feces was a viable medium for expressive purposes. He went on to say that he was “done with piss” twenty years ago.
In my opinion the works in feces are not that huge of a leap from Piss Christ. Serrano has went on to proclaim that he is “wise” for exploring feces as a medium and that other artists will envy his decision to explore that aspect of bodily waste in the way that he has. Unfortunately for Serrano others had mastered feces as a medium long before he was born.
Banksy opened a pet store -- Banksy's Village Pet Store and Charcoal Grill. Banksy's work in the space involved hot dogs, chicken nuggets, and other foods representing animals as if they were pets. Banksy utilized animatronics so that the 'pets' moved around. Apparently this was the first time that Banksy has used animatronics.
Obama’s Obedient Artist -- I discussed Shepard Fairey’s rise alongside the Obama campaign and mentioned some facts about the artist that very few sources in the media have done. It amazes me that Obama would associate himself with an artist who has a history of violating the rights of fellow artists. Something tells me that the Champion of Art and Culture should learn some basic information about art law and the need for copyright protection in general if he really wants to be our Champion.
Auction house sold -- Phillips de Pury, an auction house known for having a strong focus in the sale of contemporary art and photography, has been bought by Mercury Group. Mercury Group is a Russian luxury retail group that owns top shelf department stores selling Prada, Ferrari, Gucci, Rolex, Maserati, and other high end brand names.
Steve Lazarides shows art world traditionalists how it is done -- Gallery owner Steve Lazarides delivered blunt force trauma to the foundation of the traditional art world with his Outsiders exhibit. The exhibit, which featured Polly Morgan, Jonathan Yeo, Antony Micallef, Mark Jenkins and others, proves that an art exhibit can be successful without direct advertising and media hype. Lazarides and his artists reveal what can be accomplished by taking an unorthodox approach to exhibiting and marketing. In that I see great vision-- it is the kind of positive change that we need in the dynamics of the art world. I admire Steve Lazarides for what he has accomplished.
Frieze Endures Cash Freeze -- Foot traffic to the Frieze Art Fair was low this year-- so was the cash flow. There is no doubt that recent economic woes played a part in the cold market at the fair. However, many had expected worse going into the fair. Frieze did show that there is still a financial pulse in the art market even though the fair lacked the same collector involvement and cash flow as last year. The flame of art world stability is still flickering.
Take care, Stay true,
Brian Sherwin
Senior Editor
www.myartspace.com
www.nyaxe.com
Orphan Works Bill -- Throughout 2008 I explored the dangers of the potential Orphan Works Bill. I asked Alex Curtis, the Director of Policy and New Media for Public Knowledge, about his position concerning the potential bill. I don’t support Public Knowledge’s stance on the bill, but I do like to offer opposing views on the blog.
A dead Barack Obama? -- I discussed “Who Killed Barack Obama” by Peter Fuss. This story interested me because of the backlash Fuss received for having created the piece. 2008 was a year that art and Obama walked hand-in-hand so it was interesting to see an artist mesh the two in a controversial way. Peter Fuss has stated that “Who Killed Barack Obama?“ is not a visual attack against Obama. Fuss suggests that many people see Obama in the same way as Kennedy, Lincoln, M.L.King and Malcolm X were viewed before their tragic demise. Fuss added that the piece is about the “global thought of Obama's unavoidable death“. The piece is about the stereotype of impending doom that is cast over leaders who strive for radical change.
Tattooed pigs were banned in China -- An exhibit involving living tattooed pigs by Wim Delvoye was banned in China. If they had been purchased by collectors the pigs would have been slaughtered and their preserved skins sold for over $10,000 a piece. I asked the question, “Should a line be drawn between branding animals for slaughter and consumption and tattooing and slaughtering animals in the name of art?”
Marc Quinn‘s gold Kate Moss -- I discussed UK sculptor Marc Quinn’s gold sculpture of British model Kate Moss. Quinn created the sculpture with over two millions dollars worth of gold-- a figure that is more absurd than I viewed it at the time considering the struggle that has gripped the global economy since then. I’m not exactly impressed with art that meshes with celebrity. It comes off as easy press in my eyes.
Serrano’s (not so) Humble Investigative Triumph -- I discussed Andres Serrano’s recent work involving human feces. Apparently it took Andres Serrano twenty years to discover that his own feces was a viable medium for expressive purposes. He went on to say that he was “done with piss” twenty years ago.
In my opinion the works in feces are not that huge of a leap from Piss Christ. Serrano has went on to proclaim that he is “wise” for exploring feces as a medium and that other artists will envy his decision to explore that aspect of bodily waste in the way that he has. Unfortunately for Serrano others had mastered feces as a medium long before he was born.
Banksy opened a pet store -- Banksy's Village Pet Store and Charcoal Grill. Banksy's work in the space involved hot dogs, chicken nuggets, and other foods representing animals as if they were pets. Banksy utilized animatronics so that the 'pets' moved around. Apparently this was the first time that Banksy has used animatronics.
Obama’s Obedient Artist -- I discussed Shepard Fairey’s rise alongside the Obama campaign and mentioned some facts about the artist that very few sources in the media have done. It amazes me that Obama would associate himself with an artist who has a history of violating the rights of fellow artists. Something tells me that the Champion of Art and Culture should learn some basic information about art law and the need for copyright protection in general if he really wants to be our Champion.
Auction house sold -- Phillips de Pury, an auction house known for having a strong focus in the sale of contemporary art and photography, has been bought by Mercury Group. Mercury Group is a Russian luxury retail group that owns top shelf department stores selling Prada, Ferrari, Gucci, Rolex, Maserati, and other high end brand names.
Steve Lazarides shows art world traditionalists how it is done -- Gallery owner Steve Lazarides delivered blunt force trauma to the foundation of the traditional art world with his Outsiders exhibit. The exhibit, which featured Polly Morgan, Jonathan Yeo, Antony Micallef, Mark Jenkins and others, proves that an art exhibit can be successful without direct advertising and media hype. Lazarides and his artists reveal what can be accomplished by taking an unorthodox approach to exhibiting and marketing. In that I see great vision-- it is the kind of positive change that we need in the dynamics of the art world. I admire Steve Lazarides for what he has accomplished.
Frieze Endures Cash Freeze -- Foot traffic to the Frieze Art Fair was low this year-- so was the cash flow. There is no doubt that recent economic woes played a part in the cold market at the fair. However, many had expected worse going into the fair. Frieze did show that there is still a financial pulse in the art market even though the fair lacked the same collector involvement and cash flow as last year. The flame of art world stability is still flickering.
Take care, Stay true,
Brian Sherwin
Senior Editor
www.myartspace.com
www.nyaxe.com
Friday, January 02, 2009
Don’t Expect Your Art to be Discovered. Make it Happen Online
Don’t Expect Your Art to be Discovered. Make it Happen Online.
After over a decade of researching online strategies for gaining exposure and selling art online I have noticed that many artists tend to embrace romantic notions of how the art market works. These fantasies are fueled by literature and films that depict the magic moment at which point an artist becomes “discovered”. The scenario often involves an artist working years in solitude only to be discovered by chance-- with fame and fortune just around the corner. Unfortunately, the art world does not exactly work that way. To put it bluntly, artists need to put the bedtime stories aside and learn to make it happen for themselves.
An artist can’t stay hidden in his or her studio and expect fame and fortune to appear out of nowhere. I can't stress this enough-- the idea of being picked up by an influential art collector or gallerist out of the blue is best left for the movies. It can happen, but the odds are it will not happen to you, anyone you know, or anyone you will meet in the near future. Yes, it is that rare. There are only so many brick & mortar galleries to go around-- and millions of artists worldwide who desire to be represented by them. In that sense the internet serves a need while offering great opportunity to artists who embrace it. It is a new frontier that the art world is only now starting to explore in detail.
I base my observations on the conversations I've had with hundreds of emerging and established artists. This is why I know that reality works very different than what we read in a novel or view on the big screen concerning the art world and ideas of being "discovered". Thus, it is my opinion that an artist can’t wait to be discovered. An artist must take the bull by the horns and utilize every opportunity in order to promote his or her artwork-- again, he or she must make it happen.
Luckily there is great opportunity to be found online. The potential for gaining exposure and marketing online is limitless. In other words, there is a world of opportunity at our fingertips. All it takes is an entrepreneurial spirit, the initiative to get started and maintain a presence online, and raw ambition. These factors are crucial to establishing a successful online promotion / market strategy.
An emerging artist must do everything he or she can-- as far as online promotion is concerned-- in order to help him(her)self be discovered or simply to carve out his or her own destiny. In other words, artists today don’t have to wait to be “discovered” in order to have their work placed before the public. An artist today can display his or her artwork online in order to reach the public at large-- including potential patrons and art collectors in general. The artist must be relentless in establishing a presence online.
In that sense artists are bypassing the traditional route of brick & mortar marketing by representing themselves and using the internet as a vehicle toward a marketing path that can be just as successful. As mentioned, this online art marketing path has the potential to be very successful in the long-run and has the added benefit of potentially opening career doors in ways that emerging artists in the past would not have had access to.
Getting started is simple enough. Buying a decent computer and enduring the monthly expense of internet connection is a good investment for a visual artist when you consider that he or she can reach more people online per month than he or she ever would buying an expensive ad in an art publication or other magazine. Another thought-- technically an internet savvy artist has the potential to reach more viewers per month than he or she ever would in a traditional gallery setting.
True, if you can afford it you can have the best of both worlds-- but you will find that many artists are focusing on online efforts rather than traditional forms of gaining exposure-- just as many who have been successful within the traditional model have stated that the internet is opening new doors. The methods of art marketing are changing and artists are leading the charge.
The simple fact is that artwork is being seen in ways that would not have been possible years ago. For example, some artist blogs have more unique traffic per month than physical exhibit spaces do in a year. True, you can debate the value of viewing art in person compared to viewing art online, but when it comes down to the line traffic is traffic no matter how much you try to philosophically slice it. To put it bluntly, today artists don't have to cling to fantasies of being discovered-- they can make it happen simply by following their ambition and utilizing the internet. A little initiative can go a long way online. Make it happen.
A few suggestions:
* Answer email that you receive about your art promptly. When a buyer or other interested person has a question about your art it is always best to answer it within 24 hours. After all, if you wait a month to answer a potential buyer her or she may have already purchased from another artist who was more prompt. Thus, you will want to set time aside each day to check your email and answer any questions that viewers may have.
* Be smart about how you list your contact info. Make sure that interested individuals can contact you with relative ease. Include an email address on your website, blog, art community profiles, and so on. You may want to list your email as ‘myhandle AT insertname.com’ instead of ‘myhandle@insertname.com’ in order to ward off bot programs that harvest email addresses. That step will help you to cut back on the amount of spam you receive at the address you have listed. However, keep in mind that some individuals and companies will harvest emails manually. Thus, it is always good to create an email address specifically for your online promotional and marketing efforts instead of listing your personal email address.
* Have a website or online community profile that is devoted to your artwork. Remember that your personal website does not have to be fancy to get the job done. Your main focus should be to provide a site that is easy to navigate and allows images to be viewed quickly. In other words, people are not going to waste time figuring out a puzzle just to view your work nor are they going to wait over a minute for your images to upload.
Remember that in most cases if you have a personal website it will be your responsibility to maintain it. So if something ‘breaks’ you need to know how to fix it or be able to afford the expense of having someone fix it. Hiring someone to design a website can be very expensive and the cost of minor fixes throughout the year can add up quickly. Keep that in mind before your personal website runs you instead of you running your personal website. In other words, learn the skills, find a friend who has the skills, or find alternative ways to display your art online.
If you lack the skills or resources needed to create your own website you can instead use an online art community profile as the hub of you online activity. If you take that path be selective and choose the art community that works best for your needs. To put it bluntly, if you create fine art you might think twice before uploading your artwork to an online art community that appears to focus on anime/manga fan art. Remember that your online associations can reflect on your professionalism in the opinion of some individuals.
*Create free accounts on online art communities. Online art communities can be a valuable resource for artists as far as exposure and marketing is concerned. You should maintain a few regardless if you have a personal website. The simple fact is that an online art community will most likely have more traffic than your personal website will be able to obtain on its own. Which means that you can increase traffic to your personal website by including a link to it on your online art community profile.
Online art communities that offer messaging, comments, forums, blogs and other aspects of social networking can be a valuable resource for keeping in contact with fellow artists and other individuals who are interested in your work. Never forget that having strong connections with fellow artists can lead to exhibit inclusion and provide valuable insight into the market as well. To put it bluntly, you can learn from fellow artists and might even receive a helping hand in the process-- just be sure to spread the knowledge on with open hand.
*Maintain an active blog for your art. A great way to obtain exposure for your art is to create a blog that is focused on your art, the exhibits you have been in, and so on. Choose a blog service that has high traffic-- such as Blogger or Wordpress. Try to post at least two entries per week. If you are selling art online be sure to make a post about it on your blog with a link back to the site where your are selling the art. If you have an upcoming exhibit be sure to post a press release about the exhibit on your blog.
It may seem overwhelming at first, but it is actually easy to find something to talk about as far as your work is concerned. Just remember that each entry helps improve your presence online. Be sure to utilize free services like Pingomatic in order to help spread your blog content on the World Wide Web.
*Establish yourself on social networking sites. Social networking sites-- such as Facebook-- can make it possible for you to connect with professionals with backgrounds in various industries. It is not hard to discover journalists, scientists, politicians, and others who are willing to network with you. These individuals may be willing to give you advice on how to improve your presence online and offline. Just be respectful. Remember that establishing online rapport with influential art bloggers can be very valuable as well. The feedback that you can obtain will be very helpful for your growth.
Take care, Stay true,
Brian Sherwin
Senior Editor
www.myartspace.com
www.nyaxe.com
After over a decade of researching online strategies for gaining exposure and selling art online I have noticed that many artists tend to embrace romantic notions of how the art market works. These fantasies are fueled by literature and films that depict the magic moment at which point an artist becomes “discovered”. The scenario often involves an artist working years in solitude only to be discovered by chance-- with fame and fortune just around the corner. Unfortunately, the art world does not exactly work that way. To put it bluntly, artists need to put the bedtime stories aside and learn to make it happen for themselves.
An artist can’t stay hidden in his or her studio and expect fame and fortune to appear out of nowhere. I can't stress this enough-- the idea of being picked up by an influential art collector or gallerist out of the blue is best left for the movies. It can happen, but the odds are it will not happen to you, anyone you know, or anyone you will meet in the near future. Yes, it is that rare. There are only so many brick & mortar galleries to go around-- and millions of artists worldwide who desire to be represented by them. In that sense the internet serves a need while offering great opportunity to artists who embrace it. It is a new frontier that the art world is only now starting to explore in detail.
I base my observations on the conversations I've had with hundreds of emerging and established artists. This is why I know that reality works very different than what we read in a novel or view on the big screen concerning the art world and ideas of being "discovered". Thus, it is my opinion that an artist can’t wait to be discovered. An artist must take the bull by the horns and utilize every opportunity in order to promote his or her artwork-- again, he or she must make it happen.
Luckily there is great opportunity to be found online. The potential for gaining exposure and marketing online is limitless. In other words, there is a world of opportunity at our fingertips. All it takes is an entrepreneurial spirit, the initiative to get started and maintain a presence online, and raw ambition. These factors are crucial to establishing a successful online promotion / market strategy.
An emerging artist must do everything he or she can-- as far as online promotion is concerned-- in order to help him(her)self be discovered or simply to carve out his or her own destiny. In other words, artists today don’t have to wait to be “discovered” in order to have their work placed before the public. An artist today can display his or her artwork online in order to reach the public at large-- including potential patrons and art collectors in general. The artist must be relentless in establishing a presence online.
In that sense artists are bypassing the traditional route of brick & mortar marketing by representing themselves and using the internet as a vehicle toward a marketing path that can be just as successful. As mentioned, this online art marketing path has the potential to be very successful in the long-run and has the added benefit of potentially opening career doors in ways that emerging artists in the past would not have had access to.
Getting started is simple enough. Buying a decent computer and enduring the monthly expense of internet connection is a good investment for a visual artist when you consider that he or she can reach more people online per month than he or she ever would buying an expensive ad in an art publication or other magazine. Another thought-- technically an internet savvy artist has the potential to reach more viewers per month than he or she ever would in a traditional gallery setting.
True, if you can afford it you can have the best of both worlds-- but you will find that many artists are focusing on online efforts rather than traditional forms of gaining exposure-- just as many who have been successful within the traditional model have stated that the internet is opening new doors. The methods of art marketing are changing and artists are leading the charge.
The simple fact is that artwork is being seen in ways that would not have been possible years ago. For example, some artist blogs have more unique traffic per month than physical exhibit spaces do in a year. True, you can debate the value of viewing art in person compared to viewing art online, but when it comes down to the line traffic is traffic no matter how much you try to philosophically slice it. To put it bluntly, today artists don't have to cling to fantasies of being discovered-- they can make it happen simply by following their ambition and utilizing the internet. A little initiative can go a long way online. Make it happen.
A few suggestions:
* Answer email that you receive about your art promptly. When a buyer or other interested person has a question about your art it is always best to answer it within 24 hours. After all, if you wait a month to answer a potential buyer her or she may have already purchased from another artist who was more prompt. Thus, you will want to set time aside each day to check your email and answer any questions that viewers may have.
* Be smart about how you list your contact info. Make sure that interested individuals can contact you with relative ease. Include an email address on your website, blog, art community profiles, and so on. You may want to list your email as ‘myhandle AT insertname.com’ instead of ‘myhandle@insertname.com’ in order to ward off bot programs that harvest email addresses. That step will help you to cut back on the amount of spam you receive at the address you have listed. However, keep in mind that some individuals and companies will harvest emails manually. Thus, it is always good to create an email address specifically for your online promotional and marketing efforts instead of listing your personal email address.
* Have a website or online community profile that is devoted to your artwork. Remember that your personal website does not have to be fancy to get the job done. Your main focus should be to provide a site that is easy to navigate and allows images to be viewed quickly. In other words, people are not going to waste time figuring out a puzzle just to view your work nor are they going to wait over a minute for your images to upload.
Remember that in most cases if you have a personal website it will be your responsibility to maintain it. So if something ‘breaks’ you need to know how to fix it or be able to afford the expense of having someone fix it. Hiring someone to design a website can be very expensive and the cost of minor fixes throughout the year can add up quickly. Keep that in mind before your personal website runs you instead of you running your personal website. In other words, learn the skills, find a friend who has the skills, or find alternative ways to display your art online.
If you lack the skills or resources needed to create your own website you can instead use an online art community profile as the hub of you online activity. If you take that path be selective and choose the art community that works best for your needs. To put it bluntly, if you create fine art you might think twice before uploading your artwork to an online art community that appears to focus on anime/manga fan art. Remember that your online associations can reflect on your professionalism in the opinion of some individuals.
*Create free accounts on online art communities. Online art communities can be a valuable resource for artists as far as exposure and marketing is concerned. You should maintain a few regardless if you have a personal website. The simple fact is that an online art community will most likely have more traffic than your personal website will be able to obtain on its own. Which means that you can increase traffic to your personal website by including a link to it on your online art community profile.
Online art communities that offer messaging, comments, forums, blogs and other aspects of social networking can be a valuable resource for keeping in contact with fellow artists and other individuals who are interested in your work. Never forget that having strong connections with fellow artists can lead to exhibit inclusion and provide valuable insight into the market as well. To put it bluntly, you can learn from fellow artists and might even receive a helping hand in the process-- just be sure to spread the knowledge on with open hand.
*Maintain an active blog for your art. A great way to obtain exposure for your art is to create a blog that is focused on your art, the exhibits you have been in, and so on. Choose a blog service that has high traffic-- such as Blogger or Wordpress. Try to post at least two entries per week. If you are selling art online be sure to make a post about it on your blog with a link back to the site where your are selling the art. If you have an upcoming exhibit be sure to post a press release about the exhibit on your blog.
It may seem overwhelming at first, but it is actually easy to find something to talk about as far as your work is concerned. Just remember that each entry helps improve your presence online. Be sure to utilize free services like Pingomatic in order to help spread your blog content on the World Wide Web.
*Establish yourself on social networking sites. Social networking sites-- such as Facebook-- can make it possible for you to connect with professionals with backgrounds in various industries. It is not hard to discover journalists, scientists, politicians, and others who are willing to network with you. These individuals may be willing to give you advice on how to improve your presence online and offline. Just be respectful. Remember that establishing online rapport with influential art bloggers can be very valuable as well. The feedback that you can obtain will be very helpful for your growth.
Take care, Stay true,
Brian Sherwin
Senior Editor
www.myartspace.com
www.nyaxe.com
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