Art Print Issues by Barney Davey

Orphan Works Act 2008 - Artists' Rights Under Fire?

I cannot recall any legislation regarding the rights of artists that has caused more consternation and downright hostility than the Orphan Works Act 2008. The act has consumed huge amounts of energy and endless posts in the blogosphere and print articles regarding it. The volume of activity alone ought to be enough to let legislators know it needs work before being brought to the floor for a vote.

Here is the description of the act from the Open Congress site:

Orphan Works Act 2008 - To provide a limitation on judicial remedies in copyright infringement cases involving orphan works.

OpenCongress Summary:

This bill would limit the amount of damages a copyright holder could collect from an infringer if the infringer performed a diligent search for the copyright holder before using their work. The goal of the legislation is to free up for reuse copyrighted works whose holders cannot be found. It would also set up a process for the Copyright Office to certify commercially-produced visual registries to help people locate the holder of a copyright and prevent the orphaning of works in the future.

A good way to get started on making your own decisions is to to read the full House of Representatives version known as the Orphan Works Act 2008. It is neither long nor ladened with legalese for you to take time to read it.  Open Congress provides this Bill Status Widget for you to keep a current update on the status of the bill on your site or blog.

Clint Watson intrepidly took on the debate in a recent post on his excellent Fine Art Views blog. His conclusion was the act is not as onerous as some portray it. He got legal opinion from attorney, Bill Frazier, who writes the Art and Law column for the Art of the West magazine. Naturally, some of his readers chose to disagree.

 

Clint's perspective is supported by Joy Butler. She is an attorney practicing in the areas of entertainment, intellectual property, and business law. She is also the author of The Permission Seeker's Guide Through the Legal Jungle: Clearing Copyrights, Trademarks and Other Rights for Entertainment and Media Productions . A book that should be on the shelf of every professional artist.

 

Joy also publishes the Guide Through the Legal Jungle blog. She gives a straigthforward unbiased opinion titled What Copyright Orphan Work Legislation Does and Does Not Do, which you can read on her blog, including this unfettered clear statement:

"In the meantime, creators should be assured that the legislation does not change the fact that your work is copyrighted as soon as you create it."

If you want to see some balance, you can read Robert Rosenthal's plea and rationale for supporting the bill. He is in the Graphics Arts division of Princeton University. And, on the other side of the professorial coin, you can read Lawrence Lessig's op-ed piece from the New York Times here. Lessig is a law professor at Stanford. A quote from his piece:

This “reform” would be an amazingly onerous and inefficient change, which would unfairly and necessarily burden copyright holders with little return to the public.

Not suprisingly, Robert Genn has waded in with commentary on his highly respected and heavily trafficked Painters Keys blog. His post is titled Mickey Mouse Bill. As you can imagine from the title, he's not pleased. There are some very good comments with links of their own on this post, including one to the Senate version. It is slightly different than the House version and considered to be more fair to artists in some of the analyses I've read of the two bills. In the event the two bills were to pass both houses, the bill would have to be consolidated before going to the President for signing into law.

 

Fractured Atlas is a non-profit organization that provides services and support to artists and arts organizations. Here are some cogent thoughts from its founder and director, Adam Forest Huttler. His post includes a link to another from Ars Technica site. I find both more reasoned and level headed than this YouTube rant titled Corporate Theft, which is getting lots of views and publicity from Art Calendar magazine and other media. The Art Calendar piece provides a copy of an editable letter you can use to send to your representatives along with other links to visual arts organizations that oppose the legislation.

 

Despite the fact I believe this legislation has near zero chance of getting a floor vote in this presidential election year, I think this legislation needs changes to clearly define how it will be used. I also see too much baseless disinformation adding fuel to a legislative snafu that is causing overwrought reactions. I think the intent to free truly orphaned works is a good one.

 

Most importantly, if you are at all concerned about the legislation you should contact your representatives and let them know your dissatisfaction. You can find links to find out how to contact your legislators in the Art Calendar links and comments to Robert Genn's Mickey Mouse Bill post.

Creatively Borrowing Eclectic Link Karma #1

With apologies and admiration, I creatively borrow the Link Karma concept popularized by uber blogger, Brian Clark. He publishes the widely read and wildly popular Copy Blogger blog. If you haven't yet availed yourself of his offerings, here is a perfect example of why you should: Ernest Hemingway's Top 5 Tips for Writing Well.

Please enjoy the following eclectic list of links presented to inspire, inform and entertain you:

♦ Heifer International - Ending Hunger, Caring for the Earth: Ten Things You Can Do Today to End World Hunger

♦ With his Art Business Thoughts blog, Myron Arndt continues to provide invaluable insights from a successful art publisher's unique perspective. Here is one of his latest posts: Reproduction Glut and On-Demand.

♦ There once was a fellow from Sarasota
A retired art rep who always made quota
Now he produces podcasts
Full of wit and wisdom so fast
So his eager students miss not one iota -- for my friend, Dick Harrison, who shares his invaluable experiences and limericks (I trust he won't find the above too lame.) through his Sales Tips for Artists blog and podcasts. His latest missive is: Skills that Will Help You Sell Yourself and Your Art

♦ Clint Watson's Fine Art Views blog is one of the best online resources for visual artists. This recent post clearly shows why: Life and Art, Recursively

♦ The inimitable Art Biz Coach, Alyson Stanfield, who adds so much to the community of visual artists, generously provides a FREE 9-week program for setting up an Art Marketing Salon in your area. It's a terrific concept and a thorough program. Go ahead, get involved and make difference in your community.

♦ Art.com offers this fun program to bring out the inner artist in anyone. Careful, it can be addicting. Is there something you can do to create an interactive experience for your site visitors?

♦ Last, but far from least, The Positivity Blog, which I heartily recommend regular reading, provides: Mark Twain's Top 9 Tips for Living a Kick-Ass Life

Enjoy!

An Artist Replies to Thoughts on Religious Art

Take a look at this magnificent photograph titled From Past to Present. It's from a well-preserved relic of an old church. One needs no further information to be drawn into the power of such an image. It elegantly and perfectly punctuates my musings on tapping into the religious/spiritual art market in the previous post here.

Jeffrey Stoner is a talented and determined person. He worked harder at getting a copy of my book from Amazon than a person should have to by persisting through some awful service and ultimately buying a copy directly from me. I pray (okay, you caught me, pun intended) other readers have not fared so poorly. After reading the post on religious art, Jeff sent this picture with this note:

Interestingly the attached image was my best seller in 2007 (I took the image in July) and is featured in the May 2008 issue of Black and White Photography (their choice of image).  It was taken within the Primitive Baptist Church in Cades Cove in the Great Smokey Mountain National Park.  While I really liked the image, I was amazed at the volume of sales. 

I started with a new gallery in Waynesville, NC this year and the first image of mine they sold is this one. It does make one think.

I replied with this:

You captured the essence of many things with that beautiful evocative shot. Nostalgia, nature, spirituality and yearning immediately come to mind. It is often the case the public will respond to certain art, whether visual, musical, etc., in ways surprising to the artist.

Serendipity happens randomly. It often occurs where hard work, talent and luck intersect. Jeff's image here and the resulting unexpected success from his having worked it is a perfect example. It reminds us all to be grateful for the blessings we have regardless of any religious affiliation. I'm sure many who purchased this image feel that way. No doubt, Jeff's rewards go well beyond the commercial success he's enjoyed from this inspiring image.

Art Trends - Is Religious Art a Trend to Follow?

Last March, I published a post titled, The Next Big Thing. It prompted Watts Wacker, the futurist who was the subject of the post, to kindly sent me a copy of What's Your Story?: Storytelling to Move Markets, Audiences, People, and Brands, a book he co-authored with his long-time collaborator with Ryan Matthews. I've only begun to read it and already found it fascinating and I'm sure more ideas for posts will follow this one.

Books on Religion and Spirituality Fuel Bookstore Growth

To illustrate how things change, Wacker's book mentions the growth of certain sections within bookstores. In particular, the addition and expansion of books on religion and spirituality. These now important sections were non-existent or relegated to a few shelves just a few years ago. This caused me think about my own recognition of how religious art has grown in importance in the past few years. It coincides with a burgeoning Christian music and Christian bookstore movement and a general interest in secular spirituality of all sorts.

Cultural Trends Are Art Marketing Opportunities

Trends like these are strong indicators of interest and as such present opportunities for those artists who are personally motivated to tap into a movement. I can't imagine one attempting to make a foray here without personal interest and beliefs in what these things mean. To borrow a well-worn cliche, this is one where you need to walk the talk if you want to be taken seriously.

Interest in Non-traditional Spirituality Is Growing

It's not just traditional Judeo-Christian beliefs fueling interest. Alternative spirituality has never been more popular now than ever in the U.S. The popularity of the secular Website, Beliefnet, (Alexa traffic ranking 4,938)with features articles on God, faith, prayer, the nature of spirituality, society and ethics, with numerous resources and all religions respected, stands in testament to our desires to tap into, or explore some version of religion or spirituality.

My personal observation regarding the practice of religion is many people tend to take a little from here and there and few are dogmatic. That is, certain truths and customs can make sense to us even though they come from disparate systems of beliefs. For instance, Catholics who believe in the basic tenets of the Church, but don't abide by or believe in its stance on birth control. Or, an otherwise devout Lutheran who finds solace in the mysticism surrounding vortexes in Sedona, AZ.

These are not dichotomies, but realities we all live with and accept. Hidebound church leaders and purists may have difficulty when faced with such truths about their flocks, but the members rarely do. Certainly, the large number of those who have never attended regular church services, or do so sporadically on holidays, etc., realize religion and spirituality is both personal and complex. Many yearn for something to give meaning to their lives, but look for answers outside of organized religion. And, with our ever more closely knit world, it's ever more easy to understand and embrace beliefs from other cultures.

If You Have the Right Stuff, This Market Is Waiting

An artist who can put such mixed feelings and sense of devotion into his or her own work in a way that touches people may inadvertently create a subset within a growing market trend. Can you manipulate work within this context purely for profit? I seriously doubt it. One thing the overexposure to mass marketing and media has done is to give us all very effective b.s. detectors. When we smell or spot a phony, we walk away. When it involves those attempting to cash in on something like religion, we run away.

Creating With a Personal Vision - Getting Behind What You Feel Is Real

Given the growing interest often deeply held personal feelings and beliefs of many towards religion and spirituality, it seems those artists whose own beliefs and feelings align with these trends ought to be able to serve their own needs to be fulfilled as an artist and perhaps to satisfy a desire to express their own feelings in a way that might help or inspire others.

It may not always work this way, but certainly in this is a case, contributing to or building a body of work around a growing trend when the artist is personally involved would make for a natural believable fit for collectors interested in the genre. When you create what you are passionate about, the greatest reward may be in the doing.

By tying your talent, your heart, your head and your religious beliefs together, you create a formula sure to benefit you on multiple levels. If you are moved by these thoughts, then exploring religion and spirituality as a contextual concept for your creative output should be an easy step to take.

It's Not the Economy Stupid

The title of this post is a paraphrase of the mantra from Bill Clinton's first presidential campaign. Then it was, "It's the Economy Stupid." The harsh point was used to focus his campaign on the single most important topic that helped get him elected.

It's Not the Economy Today Stupid

With the deteriorating housing market, rising cost of gas and food and other economic woes it would seem easy to say, (with apologies to Yogi Berra) we are having deja vu all over again. However, in my humble opinion, the economy is not the real problem for visual artists, authors or musicians. Not to discount the effects these things and a lingering war effort have on the situation. They admittedly are profound.

Changing Consumer Habits Are the Real Threat

The real threat is how the creative product of artists is being consumed and viewed. Print-on-demand, the Internet and other technologies are evolving at an incredible pace. All kinds of industries are reeling from dramatic changes in consumer habits. CDs for musicians are ancient history and the level of unpaid copied and downloaded product continues to rise despite efforts to abate them. Newspapers are suffering serious drops in readership. Their cash cow classified sections are being decimated by www.craigslist.org. Small retailers are plowed under by the voracious Wal-Mart juggernaut. Thinking about all this is enough to make a person throw up their hands and cry or maybe just throw up. But the former is not a solution and the latter is just messy.

Creating Self-determined and Managed Distribution Channels is Imperative

I have frequently commented artists need to find or create new alternative ways to get their product to market. Some will come from new products, or by utilizing existing technologies to create 2-D art or digital art to engage consumers in novel ways. As changes unfurl, challenges arise and some offer opportunity. It doesn't have to be high tech, it could be a new twist on old-fashioned high touch. My previous post here, Wired Art Marketing Idea, showed how Wired magazine and Xerox partnered to use technology to offer users a fun interactive way to personalize its iconic cover to anyone with a computer. It was a fun, effective bit of viral marketing for both companies (It worked well enough for you to read about it here a year later.) The post was an effort to say, "Think about doing things differently, much differently."

Christine Kane Is an Inspiring Real Deal

Christine Kane, is one artist who has embraced change and profited professionally and personally from it. I have, along with thousands of others, grown to greatly admire her on many levels. She is an accomplished successful recording and touring singer-songwriter. Long ago, she took control of her destiny. Through hard work and talent, she grew a profitable career as musician. She is also a successful blogger. Out of her blogging, she has grown a retreat workshop business. The success she is enjoying from her workshops is causing her to rethink her recording career and musical career.

Now, having her stop writing songs and recording would be a shame for her thousands of fans, but if it is where she wants to go or is driven to go, then more power to her for having the guts and ability to make such a monumental change. If you read her thoughts on her Web site or blog, it's easy to pick up how evolving market conditions out of control of musicians like her is forcing change. It is unwanted, as is most change, but is nevertheless inevitable. She has the courage, wisdom and wherewithal to envision it, do something about it and use it to enlighten and encourage others to make their own changes.

Her recent blog posts, Bake Sales or Blogging: What’s your Paradigm? and Creating vs. Getting are must reads. Give them some thought as they are certain to challenge some of your own thinking about your career, where it is headed and if you are on the right track. Will Rogers once remarked, "Even if you are on the right track, you will get run over if you don't keep moving." Christine Kane is an artist and business person on the move. Find whatever works from her model to employ in your own career and keep on moving yourself.

Wired Art Marketing Idea

About a year ago, Wired, a leading tech publication, offered its readers, anyone actually, the chance to create their own personalized cover, like the one pictured here, in a promotion sponsored by Xerox.

Good Ideas Never Go Away

Then as now, I thought it was a great idea. But, I put it away in lieu of other blog post concepts. It's stayed with me and I present it to you today as a way to stimulate your own thoughts on how you might think of creative ways to interact with your collectors and prospects.

The promotion was done as a creative way to show off the Xerox XMPie™ product line, which it had acquired in 2006. Specifically, it allows users to implement its Image Personalization tool to create the personalized headline and illustrate the versatility and ease-of-use of the program. I'm not sure what the price is for the program. It doesn't say on the product's Website. For those of you who own Adobe Creative Suite 2 or 3, you can download a free 30 day trial.

Employ Creative Borrowing to Invent Your Personalized Promotion Ideas

What's more important than the technology to readers of this blog is the concept behind the use of the technology. That is, borrowing on the concept to help you use whatever means, technology or otherwise, available to you, get in gear to think how to personalize your art for your collectors is what is important.

Giclées Are Just One Way to Personalize

The giclée process with its variable size capabilities is just one way you can personalize art for your collectors. I think this alone is underutilized as a way to truly serve customers' specific needs. Substrates are another way to personalize your work. New products are frequently being announced. These are but two examples of how technology can be used to personalize art. Can you imagine collectors willing to pay a nice premium for something personalized for them? I can.

Personalizing on a Small Scale Is an Advantage

If you are able to use the XMPie program to let your collectors and prospects have fun with your art and create a personalized printable product like the one pictured here, wouldn't that be way cool? How much good will, promotion and publcity you can generate with an ideal like this? In the right hands, the possibilities offer great promise on multiple levels.

Dont' Sweat the Small Stuff

Don't stress if you lack the tools or budget to use this program. The idea behind how to reach and influence your customers is the important thing. With a bit of creativity, you can come up with your own unique ways to get personal with those important to your career.