Art Space Talk: Dan Duhrkoop (EmptyEasel)

EmptyEasel, founded by Dan Duhrkoop, is an online art magazine that contains practical advice, tips, and tutorials for creating and selling art. The goal of EE is to publish helpful information for both new and professional artists—without any of the vague or confusing “artspeak” common to the art world. EmptyEasel helps new or unknown artists reach a wider audience by encouraging ALL artists to use the internet to promote and sell their artwork. Since 2006 EmptyEasel has become one of the most visited advice sites for artists on the World Wide Web.

www.emptyeasel.com

Brian Sherwin: Dan, EmptyEasel is an online art magazine with practical advice, tips, and tutorials for creating and selling art. The site also features reviews of social art sites and other online art communities. Can you give our readers a brief history of Empty Easel-- how long has the site existed and why did you decide to establish it?

Dan Duhrkoop: Sure—I started EE near the end of 2006, so it's been going for just over 2 years now. My original idea was just to share information about oil painting techniques and feature some of my favorite artists, but I began adding art marketing tips and some business advice when I realized that many artists were looking for information on selling art as well as making it.

Then in early 2007 when several big-name art-startups began picking up steam (Redbubble and Imagekind in particular) I started researching and comparing various internet art galleries in addition to my other articles.

Mid-2007 I redesigned and enlarged the site, and opened up EmptyEasel for article submissions. A lot of folks have gotten involved and I've been posting at least one reader-submitted article just about every week in addition to everything else published on EE.

BS: Who is Empty Easel—as in, who are your writers?

DD: All of my writers are also artists: Dianne Mize has contributed a lot of the recent painting tutorials found on EE, Margot Dinardi explains the digital side of things (GIMP help) and Denise Telep covers art marketing, motivation, and a lot more.

I focus most on where to sell art online and how to optimize your blog for search engines, but I also write the weekly featured artist section and dabble in everything, really. I'm working at lining up a few more writers for 2009 as well.

BS: So how can individuals interested in writing for Empty Easel contact you? Are there any specific topics that you prefer to include on the site?

DD: Anyone can submit an article via our article submission form—it's a great way to introduce yourself to a pretty big audience of artists and art lovers while promoting your art blog or art profile at the same time. Every author gets credit for their article and two links back to their own web page.

Suitable topics for EE range from tutorials on any medium (pencil, pen & ink, oils, watercolors, acrylics, etc) to business advice, art product reviews, or just opinion articles that relate to the world of art. Pretty much anything goes if it's on topic, interesting, and well-written.

BS: Dan, you are an artist with extensive knowledge of selling art online. Do you have any general advice concerning online exposure and promotion for artists? What do artists need to know in order to take full advantage of what the internet provides as a tool for success?

DD: You know, you've hit the nail right on the head. The internet is a tool, not a pre-packaged solution. I guess I have two pieces of general advice for artists who want to start selling online. First, it's not going to happen immediately - it may take months or even years to become successful. That's OK though. . . I'm a big fan of the slow and steady approach, and I really encourage my readers to stick with it and make it work. Second, the level of success you reach has EVERYTHING to do with the effort you decide to put into it. No one else will do it for you, but you CAN do it yourself. That's what's great about the internet.

For example, imagine two artists, one who pays for a premium listing on some big online art gallery, and another who does their own thing, blogging each day, posting new paintings, learning about the internet and search engine optimization, and so on. At the end of the year, I'd put money on the dedicated art blogger, not the artist with the premium listing. Effort gets you farther than anything else will, and I know that both from my own experience with EmptyEasel and by looking at other successful artists who have done exactly the same thing.

BS: With that in mind, can you point our readers to any specific articles on Empty Easel that you think would be helpful?

DD: Well here's an article which shows EmptyEasel's own visitor numbers from 2007 and gives a good idea of what to expect from your own efforts if you stick with blogging for a whole year. A while back I also posted some tips for creating an authority art website that are just as true today as they were when I published them in 2008. Both of those articles are great places to start.

BS: In regards to buying and selling art online do you have any specific suggestions? For example, is there anything that an art buyer should look out for when purchasing original art online?
DD: Just little things. . . make sure you know the size of the piece you're purchasing, whether or not it comes framed, and if you're responsible for paying shipping and insurance. See what the seller's return policy is, too, since some artwork can look different in person. You should always be allowed to return the artwork for a full refund within 7 days, if not longer.
That being said, there isn't (in my opinion) a whole lot to worry about when purchasing art online. Most folks aren't trying to scam you, and if they are, you'll probably know it just from looking at their website. Misspelled words, requests for money transfers to Nigeria, hard-luck stories, and anything else that seems shady should be avoided. If you're an art seller, take a good look at your blog or website to make sure that you're not scaring people away yourself. Accepting PayPal for payments is a good way to ease a lot of fears right off the bat.

BS: Can you give our readers some general advice about starting an art blog? In your opinion, why is it important for artists to maintain an art blog today?

DD: If you're just now starting an art blog, my first recommendation would be to go to Wordpress.org and download the files for your own self-hosted blog. You'll need to buy your own domain name and sign up for a paid hosting plan if you decide to go this route, but it's hands-down the best blogging solution anywhere.

Understandably, a lot of artists are a little nervous about buying a domain name and hosting and uploading files, etc. If that's you, I'd point you toward Blogger or Wordpress.com (note the ".com" not .org). Either of those are extremely simple to get started on.

Once you've got your blog you should set up a consistent posting schedule (3 posts per week, for example). At the same time, do whatever you can to start networking online. This may include joining art forums, Twitter, social media sites like www.myartspace.com, etc. Everywhere you join, make sure to leave a link to your blog—especially in forums and blog comments. These are the basic building blocks of internet art marketing. There's a full-length article at EmptyEasel explaining how to develop your own online art marketing strategy if you want more information on how to go about it.

In answer to the second part of your question, the reason why blogging is so helpful to artists is that it gives you an even footing with the big guys out there. Over the course of a year, for example, your blog could easily grow to encompass 150-300 posts. That's 150-300 chances for someone to find your website, and the more posts you publish the more likely you'll be found. When you think of the millions and millions of searches that people type into Google every day, I'd say that it's nearly impossible for a determined blogger NOT to be successful at gaining traffic and exposure online.

BS: What other advice do you have concerning social media marketing for artists?

DD: Don't spread yourself too thin. After 3-6 months of networking and getting your link out there, pull back to your own blog. You should have some decent traffic by that time (a few hundred visitors per day, perhaps) and you can focus on creating high-quality posts and more art. If you've done your social media marketing correctly, others will now be promoting your blog for you.

Of course, if you find that Twitter, Stumbleupon, or some other social site is working really well, you don't have to stop using them. Just start focusing your efforts there towards a specific goal, like getting people to sign up for your blog's email list.

BS: It appears that sometimes fans of specific social art sites and other online art communities are not always happy with the reviews that you post. I suppose one could say that there will always be controversy with criticism. With that in mind, do you see your site reviews as a form of feedback to help those specific sites improve? Have you been known to change your opinion of a site after improvements are made?

DD: I definitely see my reviews as feedback, and if they help spur a company towards better service and better results for their artists, then I'm more than willing to go back and update what I've written.
Ultimately, however, EmptyEasel has a responsibility to the individual artist, not to the big companies—so when it comes down to either writing what I believe and making some people upset or glossing over the truth just so they're happy, I've got to stick to my guns and point out whatever flaws I see (and how to correct them).

BS: In your opinion, how will the internet change the art world of the future? For example, do you think that brick & mortar galleries will eventually catch on to eCommerce and other aspects of the internet that artists have been exploring in mass?

DD: You know, it might be too late for the B&M galleries. Just like the music industry is seeing a surge of independent, self-marketed artists, so is the visual arts community. The power is shifting to the people now, and although we're just getting started, we're learning fast.

If traditional galleries ARE going to successfully transition to the internet, they'll need to start adapting and listening to what both art buyers and art sellers want. The prestige of being shown in a gallery isn't as important to artists as it once was. Now we're looking at page views and sales. We're looking at reach and engagement of our viewers.

Buyers, on the other hand, are looking for everything—all types of art. The internet is simply making it possible for them to find what they're looking for, no matter how obscure. It's a very different world than what it was 20 years ago. With such a large community of artists online who are determined to figure out how to make things work for themselves, I don't see the traditional art establishment catching up anytime soon.

BS: Finally, do you have plans to expand Empty Easel? Can you give us some insight into your future plans for the site?

DD: Well, beyond adding more articles and tutorials, I do have a super-secret project in the works that will be launching within the next few months (hopefully by March 1st). I don't want to say too much until we've finished it, but as you might expect, it's geared toward helping artists succeed online. Anyone interested in learning more about that can sign up for EE's free weekly newsletter and I'll keep you posted on our progress.

You can learn more about EmptyEasel by visiting the EE site-- www.emptyeasel.com. You can read more of my interviews by visiting the following page-- www.myartspace.com/interviews.

Take care, Stay true,

Brian Sherwin

Senior Editor

myartspace.com

www.myartspace.com

New York Art Exchange

www.nyaxe.com

London Calling

www.myartspace.com/londoncalling

Patrick Cariou Versus Richard Prince

The issue of copyright infringement and fair use concerning visual art has been a hot topic as of late. When said issues are discussed it is common for individuals to defend the alleged infringer by mentioning names of artists who have ‘sampled’ or ‘referenced’ copyright protected works in order to support the validity of the practice as well as to solidify it as mere fair use. Richard Prince is often one of the names used to defend aspects of fair use during debates about copyright and infringement. That may no longer be the case if photographer Patrick Cariou has anything to say about it.

Patrick Cariou has filed a lawsuit against Richard Prince claiming that photographs used by Prince for a series of collages were illegally borrowed from his book Yes Rasta-- which was registered in 2001. Cariou claims that his photographs were illegally used in at least twenty collages exhibited by Gagosian Gallery in 2008. Cariou did not stop with just Richard Prince-- the suit, which was filed in a U.S. federal court in December, also targets the Gagosian Gallery, the owner of the gallery Lawrence Gagosian, and the publisher of the exhibit catalogue, Rizzoli. Cariou’s suit claims that all parties were involved in the infringement.

Cariou learned of the alleged infringement after the Richard Prince exhibit at Gagosian Gallery opened in New York in 2008. Upon viewing the images and press materials the photographer promptly sent a cease-and-desist letter to the gallery. However, the gallery did not acknowledge Cariou’s letter-- the exhibit did not close until the scheduled closing date. Since then the photographer has researched the extent of the alleged infringement. In fact, the lawsuit is using the words of Prince and Gagosian to support the infringement claim. The lawsuit cites interviews and press releases that state that Prince had scanned images from a book-- Patrick Cariou claims that the book mentioned was his book, Yes Rasta.

In the suit Cariou demands that the unsold artworks and exhibit catalogues be destroyed. He also demands that the owners of the sold paintings be informed that it is illegal to display the work-- which means that if the court sides with the photographer you will be hard pressed to find the collages exhibited in a public collection. Needless to say, this case could be groundbreaking in that it will establish some order concerning fair use-- either for or against it. If the court sides with Cariou and his demands are honored it would mean that there will be drastic changes in the art world. Gallerists, curators, and publishers may think twice before promoting an artist with a history of copyright infringement allegations. A ruling in favor of Cariou would no doubt open the door for others to file against alleged copyright infringers.

Individuals within the art law community have suggested that the outcome of this case-- if it goes to court-- will help to define what exactly fair use is. The case may set the standard for how fair use can be used in defending against allegations of copyright infringement. Currently a work of art that “transforms” a copyright protected image can be ruled permissible under “fair use”. However, that is not always the case. That is why this ruling will be groundbreaking-- the judge may help to define the point at which an artwork is "transformative" or not.

Links of Interest:

Photographer Patrick Cariou Sues Richard Prince for Copyright Infringement -- Photo District News

Color This Area of the Law Gray -- The Wall Street Journal

Lawsuit filed against Richard Prince -- The Art Newspaper

www.patrickcariou.com

www.richardprinceart.com

www.gagosian.com

Take care, Stay true,

Brian Sherwin
Senior Editor
myartspace.com
www.myartspace.com
New York Art Exchange
www.nyaxe.com
London Calling
www.myartspace.com/londoncalling

The Value of Art: Recession and the Rise of Art

What attracts us to art exhibits featuring key players in contemporary art? What attracts us to art fairs that involve millions of dollars worth of art? Could it be that art appreciation today is defined by dollar signs-- the monetary value of the work rather than the meaning? Does money come before the idea? If this is the case, how is art to be appreciated during times of recession? Furthermore, how is art to be appreciated during a borderline depression? Or does money play little part in our interest?

Are we still captivated by the intrinsic value of art-- or must specific pieces be attached to a lengthy and “successful” sales history in order for it to have value within our collective conscious? Needless to say, the current status of the art world-- closed galleries, rescheduled art fairs-- has me thinking. During the ‘best of times’ does our sense of art appreciation falter only to be rediscovered during times of economic turmoil? I think so.

The irony of the current economic situation is that we have seen it before-- perhaps not on this scale in our lifetime, but we have seen it. If you look at recent art history you will find that select artists rise during times of financial turmoil and recession. One could say that people, in general, focus on meaning rather than the value of art during these times. In other words, it appears that specific artworks are more apt to make a connection with the public during times of financial struggle. Thus, I have no doubt that a handful of artists who are currently living on the edge for their art will eventually be the key players of tomorrow.

The cycle continues. Those who rise today will first be acknowledged for the meaning behind their art only to be embraced later down the road-- once the economy recovers-- for its high monetary value and strict
marketability. After all, when we read about important works it often seems that the money involved with the art or the wealth of the artist himself or herself plays a significant role in how the art is reported on. It begs the question-- why do we lose the philosophical or emotional connection with art once the economy is stable?

There is a direct connection between recession and the elevation of art. Look at the recent past-- the YBAs found their voice during a time of recession. Indeed, the likes of Damien Hirst and Tracey Emin went on to define the contemporary art scene in the United Kingdom. Before that many artists, including Andy Warhol, Willem de Kooning, Jackson Pollock and a long list of art world ‘titans’, were launched into the mainstream during the span of three recessions.-- 1953-1954, 1957-1958, and 1960-1961 respectfully. Their work was embraced during times of uncertainty.

Many of the artists from those years-- living or deceased-- have went on to define how contemporary art is perceived while their works have dominated the art market at the same time. One could say that their art formed the foundation for the contemporary art market that we have come to know. Unfortunately, when we read about their work we are more apt to find articles that are focused on money rather than meaning. Take for example an article I read about James Rosenquist recently-- the author had to throw in the fact that his work has sold for millions-- as if that is why we should value Rosenquist as an artist. The same can be said for artists who made their mark during recession in the early 1980s-- Jean-Michel Basquiat, Julian Schnabel, Francesco Clemente, among others.

It appears that recession creates the perfect condition for specific artists to rise to the next level due to ideas and meaning that are embraced during times of economic woe. The question-- is meaning lost once the economy recovers and the art that resonated during the time of struggle becomes more about monetary value than its philosophical or emotional value? When art is thought of on terms of financial gain does it lose meaning as far as art appreciation is concerned? Does the financial aspect of art foster the idea that only art involving high monetary value is of cultural significance?

Consider this an open debate about the value of art and the connection between the rise of art-- and specific artists-- during recession compared to the market for their art when the economy is stable.

Take care, Stay true,

Brian Sherwin
Senior Editor
myartspace.com
www.myartspace.com
New York Art Exchange
www.nyaxe.com
London Calling
www.myartspace.com/londoncalling

James Rosenquist: Painting is done with a paintbrush

Intellect Seeking a Worm Hole, Oil on canvas with mirror, 66 x 59 inches (167.5 x 149.9 cm), 2007. By James Rosenquist

An HBO film crew was recently on hand for an event at the Miami Art Museum. Their focus-- a lesson by James Rosenquist. Those in attendance observed as Rosenquist turned a blank canvas into a study of color. The 74 year old Pop Art titan, as labeled by the Miami Herald, displayed painting techniques as onlookers-- including 28 art students selected by the youngARTS program of the National Foundation for Advancement in the Arts-- observed the artist in action.

Rosenquist showed students different ways of mixing and applying paint while discussing his paintings. During the event Rosenquist offered advice about painting. At one point he warned students that using ready-made black paint will result in “mud”-- a basic lesson that is often missed in art classrooms. After the lesson Rosenquist answered questions about his career, art, and world issues.

During the event Rosenquist did not shy away from the fact that he is not a fan of computer based art. He stated, “Youngsters want to push a button to create artwork”. He went on to say that painting is, “done with a paintbrush.''. Rosenquist’s opinion comes as no surprise to me. In a 2008 interview I conducted for the Myartspace Blog he stated, “I'm not all that interested in the Internet. I don't use the Internet as a source for my work and I doubt I ever will. This goes for other types of high technology as well-- such as virtual reality. I'm just not interested in it. I guess you could say that I like things simple. I like painting to be simple. It fascinates me to create beautiful paintings with the simplest means. I'm more interested in the way that people paint with sticks, cloth, or brushes instead of high technology.”

Art critics and the media often describe James Rosenquist as a “Pop Art titan”-- the Miami Herald went as far as to call him “one of the last surviving titans of the Pop Art Movement”. I find that interesting because Rosenquist is not exactly fond of the labels. In fact, he stated the following when I asked him if he is comfortable being labeled as a Pop artist in 2008-- “They called me a Pop artist because I used recognizable imagery. The critics like to group people together. I didn't meet Andy Warhol until 1964. I did not really know Andy or Roy Lichtenstein that well. We all emerged separately.”

Consider this an open discussion about James Rosenquist, labels that art critics and the media attach to artists, and how the practice of painting is changing-- is it? Is a digital paintbrush just as good as the 'real' thing? What say you?

Links of Interest:
www.jimrosenquist-artist.com
www.nfaa.org
www.miamiherald.com/entertainment/story/856091.html
www.myartspace.com/blog/2008/04/art-space-talk-james-rosenquist.html

Take care, Stay true,

Brian Sherwin

Senior Editor

myartspace.com

www.myartspace.com

New York Art Exchange

www.nyaxe.com

Art Space Talk: Poster Boy

The street artist known as Poster Boy has been turning heads in New York City. Poster Boy, who has chosen to remain anonymous, has been described as being a rare breed of visual revolutionary who can't be bought. Poster Boy will make any street art purist proud-- his work is fresh considering that so many before him-- Shepard Fairey, Ron English, and Banksy-- have ended up meshing money with their social message. I don’t blame them-- once older even a street artist must think about his or her financial future, true? I suppose with the old street/urban art vanguard we can stomach the contradictions. That said, it is exciting to see that a young street artist like Poster Boy is starting to make waves without a dollar attachment.

Poster Boy captures a youthful energy with his work. The 20-something artist has stated that he strives to establish an art movement-- he hopes that others will use the Poster Boy alias in order to add to the dialogue on the streets. Of the movement Poster Boy has said, “No copyright, no authorship. A social thing, as opposed to being an artist making things for bored rich people to hang above their couch.” It will be interesting to observe how this movement grows.

Brian Sherwin: My understanding is that your work is focused on change-- your hope is that people will follow the path that you have chosen in order to make their environments informative about issues that are important to the general public. However, the problem with that is that change often involves a price tag-- do you have issues with artists who attach a price to social change? For example, do you have any thoughts concerning Shepard Fairey and other Street / Urban artists who have meshed money within their message?

Poster Boy: Art doesn't have to be the vehicle. I'd like people to be inspired in any way. I disagree that change comes with a price tag. I understand that very few things in this world are free. However, I think some of the most powerful statements have been made on little or no money. All you need is love and the truth. With truth comes understanding. With love comes the courage to do something about it. Consider what I did with a razor, Flickr, Hotmail, and Youtube account. Total cost: 0.50

As for artists who attach a price tag to their "social" cause I remain skeptical. It depends on what their involvement with the cause is. I don't pretend to read minds and know what their ulterior motives are, but I know a good business scheme when I see one. You mention Shepard Fairey. In regards to his Obama Hope poster I think it was a good business scheme. Sure there are good qualities in Obama, but compared to the last administration my dirty underwear has good qualities.

What about Obama's stance on Gaza? What about the political system, where my concern lies, in general? People only heard two voices during election time. Where was Nader's and Ron Paul's voice? I think there are more pressing issues than Obama being elected. The late Paul Newman was an artist that was genuinely concerned with social change. R.I.P.

BS: So what about artists who sell their work in general-- and the art market in general? In your opinion is there something corporate about that? If you had the opportunity to spend one night in a mainstream gallery what would you do? Would you add to those works as well?

PB: There's nothing wrong with making a living off your own hard work. When it's done through a creative outlet it's especially desirable. I do have a problem with the art market. The market's primary function is to make money. This is accomplished by forging the artist's persona to fit the whims of the market. In other words the artist becomes a marketable brand. Like Pepsi and Corn Flakes there will be certain expectations of the artist. With brands it's good business to find a formula that works and stick with it.

Applying this practice to artists and their work is detrimental to the creative process. The purpose of the artist is to constantly question. I refuse to be a brand. However, I would work with a gallery or any organization willing to work with me, but it would be on my terms. So this doesn't come off as a total contradiction people should understand that my physical work will never be for sale. The point is to reach as many people as possible. Some sacrifices have to be made.

BS: I understand that you work is very public-- as in you will work freely within a high traffic area. What are some of the reactions you observe from people when doing you work?

PB: New Yorkers are very bright. The response is always positive because they understand the work. Many people laugh or smile. What more could I ask for?

BS: Can you go into further detail about the meaning of your work? What is the specific message that you strive to convey to viewers?

PB: In regards to art, I want people to understand that authorship, copyright, and originality are terms that should be excluded from the discourse of aesthetics. The idea of originality always bothered me. There has and always will be a precursor to your idea no matter how "original" it seems. Should we attribute the invention of graffiti to the Norwegian engineer Erik Rotheim? No more than we can say that amphibians produced the first line when they carried their slimy asses over the sand a few hundred million years ago.

In regards to social change, I want people to interact with their surroundings differently and reconsider private property. People should understand that there is a difference between what is legal and what is just. If there is a law that is outdated, impractical, and/or immoral, people have the right to challenge it. Remember, slavery was considered legal at one point. I consider the World's current modus operandi a modern day slave system. I intend to challenge it in any way I can.


BS: Can you describe your thought process when working on a mash-up? What concerns do you have while working? Is the work that you do intuitive or do you have a plan before starting? In other words, do you scope out an area in advance in order to plan out the piece or do you simply create as you go?
PB: I guess you can compare it to freestyling on a mic. Without anything planned I approach a station and work with the posters available. Armed with some knowledge of current events, creativity, and a razor I go to work. There are times when there isn't enough material at a given station so I'll destroy a few posters out of principle and move to the next station. My only concern is getting caught by authorities. I'm not afraid of controversy, but getting pinched would slow me down.


BS: There have been some critics of your work-- especially on art forums where your work has been discussed. I recall that one commenter described you as a “counterfeit Banksy” due to the fact that you remain anonymous. Others have suggested that you should be more open about your identity regardless of illegal issues since Shepard Fairey is very open about his illegal works and is known to document his activity on his website. Can you go into detail about why you have chosen to remain anonymous? Is Poster Boy an individual or do you see it as a movement-- is that why your identity is concealed?

PB: That's hilarious. I guess Banksy invented the idea of working anonymously. What I do is illegal. What more can I say? Those guys (Banksy and Fairey) are comfortable these days. I love their early work, but if they continued to push the envelope I bet they'd have a bandana on their face too. What's the easiest way to quell a revolutionary? Hand her/him a grip of money.

There's another reason for remaining anonymous. Going back to the issue of authorship I think people would be less inclined to participate in the Poster Boy "movement" if I attached an ego to the name. An artistic free-for-all. No copyright. No authorship. No ego.

BS: Why New York City?

PB: New York is the hotbed for aggressive ad campaigns. Besides, there's no place like home.

BS: Can you go into further detail about your concerns over mass media and corporate branding in the United States?

PB: Mass media is a blight. Plain and simple. We are force fed this stuff everywhere. Advertisers prey on our insecurities and attack us on every front. It's time we fight back.


BS: You have been called a revolutionary-- among other things-- do you see yourself in that light? Or do you try to avoid labels?

PB: I don't like labels at all. Humans beings are way too complex for labels. Revolutionary has a nice ring though.

BS: Do you document your work? Can people view it online? Any links?

PB: I try to make my work as accessible as possible. Due to the transient nature of my work I have a flickr account where my work is showcased:
www.flickr.com/photos/26296445@N05/
www.youtube.com/user/PosterboyNYC
www.posterboynyc.com/ (coming soon)


BS: Finally, how long will you continue to do this? If your identity were to be made known would you stop? Or simply switch your methods in order to once again conceal yourself?

PB: I will do this for as long as it is needed. When public advertising is banned I will use the Poster Boy model to address other issues. Till then expect Poster Boy to push the envelope.

You can read more of my interviews by visiting the following page-- www.myartspace.com/interviews.

Take care, Stay true,

Brian Sherwin

Senior Editor

myartspace.com

www.myartspace.com

New York Art Exchange

www.nyaxe.com

Art Space Talk: Bob Shore

Bob Shore is a printmaker who is originally from Dublin, Ireland. Shore has had solo exhibits at the Manhattan Graphic Center and Berlitz Gallery in New York. His work can be found in various private collections both in the US and India and at the Newark Public Library. He is an artist who is focused on process.

Untitled. A drawing of a tree engraved on a photogravure plate and then printed. By Bob Shore.

Brian Sherwin: Bob, my understanding is that you studied at the Art Student's League and Studio School. Can you discuss that aspect of your background? Have you had any influential instructors?

Bob Shore: Brian, my experience at the Studio School was two evening drawing classes over one semester. I took one summer evening class at the Art Students League; the instructor was Sherry Camhy; the class was good but very crowded. All of my art instruction has been on a part time basis.

The instructors that have most influenced me were Marcel Franquelin who greatly improved my drawing, Lothar Osterberg who taught me photogravure, Pasha Ouperov who taught me engraving and Fred Mershimer who taught me how to make multi-plate images.

Six Mile Run Series No. 2. Photogravure, aquatint. By Bob Shore

BS: Can you give our readers a brief history of your practice in general? For example, how long have you pursued art?

BS: My art practice started in 1994 with a drawing class at NJ printmaking council. From 1994 to 1997 I did some dry point and silkscreen there. During that time I also took various drawing classes. In 1997 I took etching with Bruce Cleveland at MGC and I've been doing intaglio printmaking there ever since. From 1998 to 2007 I took drawing classes with Marcel Franquelin at his studio.

BS: What interests you in depicting nature as you do? Can you discuss some of the themes or symbolism that you draw upon?

BS: I don't really know. A particular scene or pose attracts me and I put it down on paper. There's no conscious theme or symbolism.

BS: Tell us more about the thoughts behind your work.

BS: I'm simply trying to get something of my enjoyment into the final image. Once I have an image in mind my concern is with the process.

46 Jacque‘s Lane. Photogravure, aquatint. Two plate image. By Bob Shore

BS: Do you mind discussing some of the techniques that you use?

BS: Not all. My recent work is all done directly on the plate; engraving, dry point and more recently mezzotint. My engravings are usually on the backs of old copper plates (many of them failed photogravures). I leave most of the scratches, dings, etc. I like the contrast of the engraved line with the rough random marks. Some pieces such as Stripes I and II were done simply for practice.

My dry points are usually on styrene. The principal attraction of this material is cost. It's cheap but scratches very easily and unlike copper can't be cleaned up. So I've learned to live the odd random marks. One advantage of the softness is the ability to draw with sandpaper. The portrait that I have on MyArtspace was done that way.

The Six Mile Run series consists of two plate images. The key plate is a photogravure and the second an aquatint. In printing I ink and wipe two colors on each plate (a la poupee). My intent was not to produce color photogravures but to produce something of an old hand tinted photograph.

Six Mile Run Series No. 3. Photogravure, aquatint. Two plate image. By Bob Shore

BS: Is there any specific message that you strive to convey within the context of your work? In other words, what do you desire viewers to take from your work upon viewing it?

BS: No. All I hope for is that the viewer quietly enjoys the image.

BS: What are you working on at this time? Also, will you be involved with any upcoming exhibits?

BS: I'm currently working on some small (4 square inch) plates, which I plan on entering in the International Miniature Print Competition at the Center for Contemporary Printmaking in Connecticut.

BS: Finally, is there anything else you would like to say about your art?

BS: My primary concern and enjoyment is with the process and the problem solving aspect of getting something on paper, which matches the mental image. I've always got an internal picture of the hoped for final result. Once I've got a close enough approximation or have decided that it's never going to work, I'll go on to something else. My work is image driven not idea driven.

You can learn more about Bob Shore by visiting his myartspace.com profile-- www.myartspace.com/bobshore. You can read more of my interviews by visiting the following page-- www.myartspace.com/interviews.

Take care, Stay true,

Brian Sherwin

Senior Editor

myartspace.com

www.myartspace.com

New York Art Exchange

www.nyaxe.com

Damien Hirst: Does ‘Human Skull in Space’ Capture the Origin of Species?

Human Skull in Space (oil on canvas) by Damien Hirst. The painting is the cover art for the 150th anniversary edition of Darwin's On the Origin of Species.

Damien Hirst is a fan of Charles Darwin-- so much so that he has created the cover art for the 150th anniversary edition of Darwin’s On the Origin of Species. Hirst has stated that he loves the “contentious aspects” of On the Origin of Species and has noted that Darwin’s controversial theories have served as an inspiration for his art. Hirst agreed without hesitation when asked by Penguin Books to create the cover art for On the Origin of Species-- which will replace the existing 1968 edition of the book. The Hirst painting, titled ‘Human Skull in Space’ has sparked some debate over how well it depicts the views of Darwin.

Hirst has stated that the painting is a “nod to the scientific”. Of the painting Hirst has said, “The painting sits firmly in the tradition of "still life" and is made up of objects I've come to imbue with my own meanings, some of them Darwinian in origin, and that I guess are seen in other areas of my work. The painting has an X-ray-like quality to it, as if it is revealing something about the structure of the objects painted. I suppose the work, in a modest way, acknowledges Darwin’s analytical mind and his courage to believe in those ideas that questioned the very fabric of existence and belief in his time.” However, not everyone shares the view of Hirst concerning his painting and its link to Darwin.

Some interesting comments have been made concerning the choice of using a Damien Hirst painting as the cover. One commenter stated, “would a nice picture of Darwin not have sufficed? Or leave it like previous editions with just a plain cover. I expect that the vast majority of the audience will be those scientifically minded enough to be embarrassed to have that mess on their book shelf”. Another commenter mentioned, “Damien Hirst is a phenomenon of irony as marketing, Darwin reveals the organic beauty of truth. Putting them together is like Laurel and Hardy.” Others suggested that the cover art is an “insult to Darwin and science.“-- while another asked, “What's next - a birthday serenade by Britney Spears?”.

Darwin aside, what are your thoughts on ‘Human Skull in Space’? Does the painting come together nicely or does it fall short?

Link of Interest:
Damien Hirst on his painting for On the Origin of Species -- Guardian Unlimited

Take care, Stay true,

Brian Sherwin

Senior Editor

myartspace.com

www.myartspace.com

New York Art Exchange

www.nyaxe.com

Lawyers and Law Professionals Weigh-In on Shepard Fairey Copyright Infringement Allegation

A comparison of the Obama photograph taken by Jim Young (bottom) and the Obama photograph taken by Mannie Garcia (top) concerning Shepard Fairey’s ’Hope’.

The issue of Shepard Fairey, Mannie Garcia, and fair use has sparked a debate among the copyright law community online. The debate is centered on a press photo of Obama taken by Mannie Garcia that Shepard Fairey used in order to create his stencil portrait of Obama titled ‘Hope’. The story has caused an outrage among photographers and supporters of copyright protection due to the fact that Shepard Fairey did not ask permission to use Garcia’s photograph and failed to give the photographer credit.

Fairey has stated that he did not know who the photographer of the Obama photograph was and that he found the image randomly online. However, Mannie Garcia claims that the Danziger Gallery, which represents some of Fairey’s art, contacted him on the 21st of January 2009 to inform him that his photograph was in fact the basis for Fairey’s Obama posters. These conflicting reports demand answers. Could it be that Shepard Fairey knew who the owner of the photograph was all along? If so, why did he not reach out to Mannie Garcia? Did he intentionally avoid contacting Mr. Garcia due to monetary reasons?
Did he willfully infringe upon Garcia’s copyright?

From what I’ve read it appears that art law professionals are split on the issue. Peter Friedman, a visiting Professor at the University of Detroit Mercy Law School, has stated, “The photo could not begin to be considered a substitute for the poster. I think the poster is in fact “transformative”. However, Michael Madison, a Professor of Law at the University of Pittsburgh School of Law, has stated that though the photograph is “transformed” to a “sizable extent” the photographer should have had the right to charge Fairey or the Obama campaign a fee to use the photo.

The Art Law Blog has mentioned that Bob Clarida, an expert in copyright and intellectual property laws, has stated that, “This would be a tough fair use argument (for Shepard Fairey) to win because the 'transformation' is purely in the look of the work, not the purpose. There's no commentary going on. Also, a large and significant portion the work is used, and campaign posters are certainly a reasonable and traditional market for licensed uses of photos, so there'd be a strong argument for market harm even if there's been no measurable lost sales by the photographer.”

Richard Lacayo , writing for TIME, has stated that Mannie Garcia will have difficulty if he changes his mind about taking Shepard Fairey to court. Lacayo stated, “And if he changes his mind about the not-seeking-money part? He might find it hard to make a case in court. In lawsuits over image appropriation, judges commonly try to decide whether an artist's re-use of earlier material is "transformative". If the new image passes that test, the appropriation is protected by the fair use doctrine, which permits limited reproduction of copyrighted material.”. However, Lacayo goes on to say, “the law in this area is vague and outcomes are very unpredictable. That's even the view of Pierre Leval, the federal appeals court judge who first proposed the influential "transformative" standard in a 1990 Harvard Law Review article.”

Based on the comments I’ve read concerning this issue it appears that many individuals in the art and photography community would like Mannie Garcia to take legal action against Shepard Fairey in order to send a clear message to other individuals and corporations who infringe on copyright protected images. Mannie Garcia may actually take some form of action against the use of his image by Shepard Fairey-- at least in the form of discussing appropriation with Shepard Fairey. The photographer has stated that he hopes to contact Shepard Fairey in order to discuss Fairey’s use of his photograph in order to “work this out“. Garcia pointed out that "Photographers are always getting ripped off,". However, Garcia has made it clear that he is not going to seek money from Shepard Fairey.

A debate among lawyers and other interested individuals can be found at PrawfsBlawg . Shepard Fairey has yet to comment about the copyright infringement allegation involving Mannie Garcia’s Obama photograph. However, he has stated that the Obama posters, “Belong to everyone”. That said, he has previously threatened to take legal action against individuals who have profited off the posters and artists who have infringed on the posters copyright.

In the past Fairey has stated that artists who question the validity of his work are “jealous” of his success or that they are distracted by “apathy”. Some of those charges have been thrown at me for being critical of Fairey's art. Mr. Fairey, most artists just want to make sure that copyright is acknowledged and that the rights of fellow artists are respected. A businessman such as yourself-- having defended your own copyrights-- should understand that. If you feel that my opinions are wrong you are more than welcome to contact me in order to set the record straight. If you want a gloves off interview… I’m game.

Links of Interest:

Ripped and Altered? What You Need to Know -- Myartspace Blog

Imagine Fair Use -- Myartspace Blog

Shepard Fairey: Obey Copyright -- Myartspace Blog

The Intentions of Shepard Fairey Should Be Examined -- Myartspace Blog

Obama’s Obedient Artist: Is Shepard Fairey a Farce? -- Myartspace Blog

Productive Use, Transformative Use, Complementary Use: Who’s Right? -- The Patry Copyright Blog

Issues of Copyright Infringement and Shepard Fairey‘s Obama Poster -- Nothing Wavering

Shepard Fairey - Copyright - Orphan Works - and YOU! -- Collage Clearinghouse

Take care, Stay true,

Brian Sherwin

Senior Editor

myartspace.com

www.myartspace.com

New York Art Exchange

www.nyaxe.com

The Daily Art Feed from myartspace.com

myartspace.com, the premier online social network for the art world, has launched an exciting new offering The Daily Art Feed. This service is free and available to all and provides a new contemporary piece of art to be viewed each day from the www.myartspace.com community. Each message contains an image of an artwork along with the name of the artist. The art can be delivered in one of three ways through a daily email message, our Facebook widget, or through the RSS feed.

Catherine McCormack-Skiba, Founder and Creative Director at myartspace noted “We have a growing base of art dealers, collectors and appreciators on our site – whether they be in New York, London and Los Angeles. This group is looking for new vehicles to better view and appreciate the very wide range of high quality contemporary art on the myartspace site. Our Daily Art Feed offering really helps address this need.”

To sign up for the myartspace.com Daily Art Feed visit,
www.myartspace.com/daily

Art Space Talk: Ariane Bartosh

Ariane Bartosh is a figurative painter with a background in interior design. Her earlier work involved candid photos of her friends that she would then compile and use as references for her paintings. Bartosh’s newer series involves ideas that are already drawn out. Bartosh describes her current process, “I pick a person in my life, then I find photos of objects, wallpaper, and furniture that remind me of them. Then I collage everything together with photos of the person I have taken specifically for the painting. After all that I paint.”.

Bartosh has stated that her earlier work was focused on social commentary about youth, specifically young women in our society. In a sense, her work explored the beauty and awkwardness during the transition between youth and adulthood. A time where freedom, independence and self expressions is highly valued. For this Bartosh examined her own experiences and observed the actions of her peers. These paintings reveal the chaotic process of coming into ones self possession.

Ariane Bartosh’s recent work is focused more on identity itself rather than the development of identity. She has stated that in each painting she is trying to show a person with their possessions and belonging in a way that they believe defines their personality. This is where her training as an interior designer influences her art.

Sara by Ariane Bartosh

Brian Sherwin: Ariane, I understand that you attended San Diego State University where you major in art with an emphasis in interior design and a minor in painting. Can you discuss your academic years? Did your studies have an impact on your development as an artist? Also, did you have any influential instructors during that time?

Ariane Bartosh: I always new I wanted to do something creative with my life. I feel like I was born to design, and like most designers I want to design everything! I started out as a painting major in college, I have always loved painting and the process but as time went on i found myself staying awake at night fantasizing about home designs. I literally could not sleep! I would get up and sketch out all these crazy plans. That's when I decided to switch to interior design.

I love finding interesting objects, furniture, and textiles and creating an awe inspiring space. I really strive to create interiors that are like works of art. But I never gave up my love of painting, my work as an interior designer has really influenced my new series of paintings that I am still working on.

Strangers, Friends, & Lovers by Ariane Bartosh

BS: Ariane, tell us about some of your works-- for example, 'The Party Never Ends', 'Strangers, Friends, & Lovers', and 'Sara'. What are the social implications of these works? Do you strive to convey a specific message concerning culture-- specifically youth culture in the United States?

AB: In my earlier works like "The Party Never Ends" and "Strangers, Friends and Lovers" was a social commentary about youth, specifically young women in our society. Exploring the beauty and awkwardness during the transition between youth and adulthood. A time where freedom, independence and self expressions is highly valued. Drawing upon my own experiences and the observation of my peers. Conveying the chaotic process of coming into ones self possession.

BS: Tell us more about the thoughts behind your work…

AB: My newer work which I am still evolving expands on the ideas of my later series but is directed towards a youth that is a little more grow up. Someone that has already found their self identity. "Sara" is my first example of this new series. In each painting I am trying to show a person with their possessions and belonging, which they believe defines their personality. This is where my training as an interior designer has really started to influence my work.
What do you do when nobody is watching? by Ariane Bartosh

BS: What about other influences. For example, are you influenced by any specific artists, art movements, or world events?

AB: When I was younger I was really influenced by fashion. I think I was mesmerized with the beauty of the models and the human figure. This is what drove me towards creating figurative work. My favorite artist is probably Eric Fischl, I also love the work of John Currin, Elizabeth Peyton. I just recently discovered the work of Mathhew Cerletty and I absolutely love it, some of it really similar to what I am trying to convey. I really feel that figurative painting has really had a come back in the last decade.

BS: Can you tell us about your process? Perhaps you can discuss some of the methods and techniques that you utilize?

AB: With my earlier work I would always go out with a camera at hand, taking candid photos of my friends then later compiling them and drawing ideas from their actions. But my newer series is very planed, I already have my whole series drawn out. I pick a person in my life, then I find photos of objects, wallpaper, and furniture that remind me of them. Then I collage everything together with photos of person I have taken specifically for the painting. After all that I paint.
Untold Anxieties of the Uncontrollable by Ariane Bartosh

BS: What about exhibits? Will you be involved with any upcoming exhibits?

AB: I'm not involved an any upcoming exhibits, I'm trying to get into grad school and have been really focused on that lately. But after I finish my current series I hope to start exhibiting.

BS: In your opinion, how is the internet opening doors for artists? Do you feel that the World Wide Web is changing the way we approach the art world in general?

AB: The Internet is definitely broadening peoples horizons about art. There is a plethora of inspirational images that are so accessible because of the web. I feel that blogs are especially influential. Not only does artists work become widely exposed and discussed by a large audience, but a new and larger generation of artists are emerging because there is so much out there that inspires!
Into the Ocean I Sank by Ariane Bartosh

BS: Finally is there anything else you would like to say about your art or the goals that you have?

AB: My ultimate goal is to really produce more! But there is so much I want to do! I have 15 paintings in my head waiting to come out, a whole line of furniture I have designed that needs to be created, a million interiors waiting to be thought up! I also own a vintage clothing store that I obsessively shop for! (www.duchessvintage.com something ha ha) There is so much to do I feel bad if I stop for a minute!

You can learn more about Ariane Bartosh by visiting her myartspace.com profile-- www.myartspace.com/arianebartosh. You can purchase art by Ariane Bartosh on the New York Art Exchange-- www.nyaxe.com/arianebartosh. You can read more of my interviews by visiting the following page-- www.myartspace.com/interviews.

Take care, Stay true,

Brian Sherwin

Senior Editor

myartspace.com

www.myartspace.com

New York Art Exchange (NYAXE)

www.nyaxe.com

myartspace.com Competition: London Calling at Scream London

myartspace is sponsoring a competition juried by a world class panel from The Tate Modern, The Hayward Gallery, and the Barbican Gallery all in London. Fifty finalists will be selected and three winners will have their work represented at the Scream London in June 2009. Located in the heart of the West London art district, Scream is just a moment away from Sotheby's, Cork St and the Royal Academy, and rubs shoulders with some of London's most established art galleries in the traditional hub of the capital's art market.

Scream is run by Tyrone Wood as curator. Scream is focused on contemporary art. The Scream Team has quickly developed a reputation as being an innovative gallery. Scream has exhibited works by Robert Indiana, Matty Small, Ingrid Baars, Rene Ricard, David Montgomery, among other artists. Notable guests and patrons have included Tracey Emin, Claire Danes, Rosie Huntington-Whiteley, Beverly Knight, Meg Mathews, and Ronnie Wood of The Rolling Stones.

myartspace.com is a social networking site for the art world.

Competition Snapshot:
-Deadline for registration and submission is May 15, 2009.

-Competition is open to myartspace members. Membership is free.

-The early registration fee is $25. After March 31, 2009 the registration fee will be raised to $50. Register early and save.

-Up to 20 images in a myartspace gallery can be submitted.

-Jury panel includes Vanessa DesClaux from the Tate Modern, Tom Morton from the Hayward Gallery and Francesco Manacorda from the Barbican Gallery

-Fifty finalists will be selected and announced by the jury panel.

-Three winners will have their art represented at Scream Gallery London, in June 2009. Winners to be announced on May 31, 2009.

On myartspace.com you can network and connect with artists, art collectors, art dealers, and other individuals who are focused on the visual arts.

Summary:
myartspace, the premier online venue for the contemporary art world, is sponsoring a Juried competition. We want to represent three contemporary artists at a venue in London, England during June 2009. The competition, like others from myartspace, will have world-class jurors reviewing the work of the submissions. Fifty finalists will be selected and three winners will have their work represented at the show.

Info about myartspace.com:
myartspace.com is a social art site for the art world. With over 50,000 members, and more than two years of history, myartspace has been a key force in the art industry at availing opportunity for its rapidly growing community. Membership to www.myartspace.com is free, and members can upload an unlimited amount of art work, music, video and audio narration. Myartspace galleries can be embedded on other websites-- one goal of the site is to provide tools that artists can utilize in order to promote themselves online. Members can also utilize the New York Art Exchange (NYAXE) -- www.nyaxe.com, an eCommerce platform for buying and selling art online. New features are regularly implemented as the community continues to grow at an alarming rate.

The New York Art Exchange connects art buyers to art sellers.

myartspace.com provides art competitions involving jurors from the Tate Modern, Whitney Museum of American Art, San Francisco Museum of Modern Art and other prestigious institutions. The site also provides a free to enter art scholarship competition that is open to undergraduate and graduate art students throughout the world. The 2008 myartspace scholarship competition involved $16,000 in cash prizes. $8,000 was split between three undergraduate winners and another $8,000 was split between three graduate winners.

*2008 Undergraduate and Graduate myartspace Art Scholarship Winners: www.myartspace.com/scholarships/winners

*Past winners of myartspace.com art competitions:

www.myartspace.com/contests

myartspace.com is home to one of the largest collections of online interviews with artists, art critics, gallerists, and other art world professionals-- with over 500 interviews with artists such as Michael Craig-Martin, James Rosenquist, Sylvia Sleigh, Sarah Maple, Christian Schumann, Julian Stanczak, Aidan Hughes, Thornton Willis, Mark Ryden, Susan Crile, Wafaa Bilal and many others.

*Myartspace Blog www.myartspace.com/blog

*Interview Archive www.myartspace.com/interviews

For more information about London Calling visit,
www.myartspace.com/londoncalling

Art Market Reflection and Predictions for 2009

Predicting the future of the art market is always a gamble. After all, very few were prepared when the ills of the economy pulled the floor out from under the feet of gallerists and other art dealers. Not long ago people reported on how the art market was unstoppable-- now it is obvious to everyone that more than a few wrenches have been thrown into the art marketing machine. Art market insiders predict that average art prices, specifically at art auctions, will drop another 40% before the end of 2009.

However, it has been suggested that the issue really involves prices returning to where they should have been in the first place-- allegations of price inflation that occurred during the ‘boom’ have stirred debate. Thus, one could say that the crippled economy is forcing dealers-- and artists-- to face the realization of a market that had been artificially matured. The irony is clear-- the unwarranted increases in art prices may have an end result of decreasing the market value of those involved far beyond where they should have been in the first place.

The problem with examining the art market-- just like any market-- is that eventually fingers are pointed. Very few are willing to accept blame. Some blame the artists while others blame the art dealers. To be fair I would say that both sides played a role-- especially with regards to works by living artists. After all, living artists normally communicate about pricing with their dealers. The problems fall on the shoulders of the living-- you can’t very well point fingers at Andy Warhol and other deceased artists if the prices for their art were higher than they should have been in recent years.

At the same time, what can one art dealer do if another art dealer-- who is not directly associated with the artist-- increases prices? In that scenario the only way to sustain the market for the artists work is to match the price. Fluctuations in prices from one dealer to the next is not a good thing. Thus, I think part of the inflation in pricing occurred due to the rat race of staying on the ball, so to speak. In that case, more blame falls on the auction houses than traditional art dealers since they spurred some of those increases.

That said, I suppose you can question art dealers who fed a youthful market by pushing recent graduates into the five or six digit range before they had even cleared out their art school studio space. In the years leading up to the crash it was common to read about gallerists dropping mid-career artists in favor of ’hot’ emerging artists. I recall people describing it as an assembly line of raw-inexperienced talent--- profitable and ’fresh’.

The thing to keep in mind is that all the finger pointing in the world does not matter now. The market is what it is. All that is left is to hang in or cash out. Those destined for obscurity will surely find it now while those destined for something more will eventually rise once the market skies are clear. Old faces may become new faces in the art market-- New faces may never be seen again. Doors will open while others close-- careers will bloom while others fold.

My predictions for 2009:

*Art dealers will not be so eager to take on 20-something artists simply to create hype.

*Mid-career artists will be dusted off and re-established within the art market.

*Gallerists will focus more on selling quality art instead of selling the experience of the exhibit itself. In other words, there will be no room for slacking. That goes for artists as well.

*Hype, as suggested above, will not have the same level of dominance.

* Defecating on a plate while eating jelly beans and waving a political sign will not make you famous.

*There will be an increase in war themed art as men and women return home from Iraq. They will no doubt open up about what exactly they experienced and what exactly they fought for.

*Art world politics will become even more political with aspects of government involvement-- at least in the US. (Which could be bad depending on how it is done.).

*Art dealers will explore alternative markets for selling art-- such as eCommerce and selling art online.

*Independent artists will continue to utilize the World Wide Web for exposure, marketing, and networking. In connection with this there will be an increase in co-op gallery ventures and other alternative spaces.

*The political, economic, and social climate will spur an increase in art movements based on those specific issues. Things are chaotic today-- drastic change will occur… the perfect conditions for art movements to take off and make a statement about our times.

*With the above in mind, the public will expect artists, gallerists, and curators to be more responsible for the message conveyed in the work they display in spaces that are open to the public.

*The public will expect works of art to be authentic. There will be an increase in interest concerning copyright, orphan works legislation, and other issues facing the art community.

Links of Interest:

Public Knowledge and the Orphan Works Bill -- Myartspace Blog

Brad Holland Responds to Public Knowledge -- Myartspace Blog

Appropriation Art and the Internet -- Myartspace Blog

Art Space Talk: Martin Trailer (Concerning Orphan Works Legislation) -- Myartspace Blog

Shepard Fairey: Obey Copyright -- Myartspace Blog

Controversial Art Damaged by Protestors -- Myartspace Blog

ArtTactic: Art Market May Take Years to Recover -- Myartspace Blog

The Arts Under Obama: A Brainstorming Session -- Winkleman Blog

Why the art world should care about the old folks -- Guardian

Art Auction Prices May Fall 40% in 2009, Larasati Chief Says -- Bloomberg

Take care, Stay true,

Brian Sherwin
Senior Editor
myartspace.com
www.myartspace.com
New York Art Exchange
www.nyaxe.com

Art Space Talk: Andrea Cote

Andrea Cote is a multi-disciplinary visual artist living in New York. She has exhibited her work both nationally and internationally at venues including The Philadelphia Museum of Art, Islip Art Museum, Rotunda Gallery, Delaware Art Museum, Abrons Arts Center, Jack the Pelican Gallery, The Rochester Contemporary, Maryland Art Place, Art Center South Florida, The Print Center, The Moore Gallery, and 911 Media Arts Center.

Her performances have been presented at The Philadelphia Fringe Festival, The Neuberger Museum, Chashama, Scope Art Fairs, The Dumbo Arts Festival, and Photo Buenos Aires . Her work has been reviewed in The New York Times, The Miami Herald, The New Times, Newsday, Artinfo.com, and Wynwood Art Magazine.

Andrea received a video residency from the BCAT/ Rotunda Gallery and a Fellowship from the Center For Emerging Artists. She is represented by PanAmerican Art Projects in Miami, Florida.
Cathexis Series, Digital Print, 20" x 30"2007. By Andrea Cote

Brian Sherwin: Andrea, you studied at SUNY Purchase and at Florida International University. Can you discuss your academic years and the impact they have had on your development as an artist? What advice do you have for students who are interested in studying art at those schools?

Andrea Cote: Both FIU and Purchase are state schools with strong art departments and loose structures that can work well for a self-motivated student. All the resources are there, but you have to figure out how to make them work for you. I’ve always preferred a flexible structure that allowed me to pursue my varied interests and explore different disciplines.

At FIU I was very involved in their renowned creative writing department, and studied with John Dufresne, Jim Daniels and Campbell McGrath. Some of my best critics were poets. I discovered early that I was often trying to speak in the language of one medium through another, testing the limits of each - I recall trying to create a visual work that might read like a poem, or through writing conjure an image impossible to paint– a challenge that guides my current work.

FIU, being in Miami, also has students from all different backgrounds and stages of life. For my thesis show, I worked on my first collaboration with seven other women, from Peru, Mexico, Cuba, Columbia, France. It was there that I first discovered the challenges and surprises that arise from collaboration - that sense of working on something larger than any one of us.

At Purchase I worked with the music and dance conservatories, and was involved with different areas of the Visual Arts department- printmaking, video, sculpture. I developed many personal and lasting mentor/friendships that continue to this day with Warren Lehrer, Margot Lovejoy, Phil Listengart, Dede Young and many others. I really saw that community as family.

One of the advantages Purchase has is that is in a rural and secluded setting - great for focusing on your work, but it's just an hour from the city, with a great pool of visiting artists and professors. One very special class I had was "Field Trips" to the NYC galleries with Irving Sandler, who has the most infectious enthusiasm and reverence for art and artists. Whenever I looked at art with him the work seemed to open up in an ever-expansive and magical way.
Cut, Video Performance and Installation, 2007. By Andrea Cote

BS: You have experience as an instructor as well-- having taught at the Eugene Lang College, The New School, SUNY Purchase and University of Washington. Have you found it difficult to find balance between teaching and creating your personal work? Or would you say that one feeds of the other, so to speak?

AC: I find that together they create balance. When I'm in the studio it's very intimate and personal, I can get quite self-absorbed. That's just the kind of work I do. When I teach I lose myself and am there wholly for the students. In the classroom I try to create an atmosphere that encourages all of us to go beyond ourselves, our preferences and preconceptions, to take risks, engage in dialogue - this is important to be reminded of. There is a personal space and then the social space - and I am very much a creature of both.

BS: Andrea, you have stated that your work questions the boundaries that traditionally divided artistic disciplines. You achieve this by taking on multiple roles using your own body as subject, object, and medium. Can you discuss the thoughts behind your art and why you feel it is important for art to have crossroads, so to speak?

AC: I think discipline is important. I want to learn the language of each discipline, pare it down to its essentials - whether you are working within printmaking, sculpture, photography, or for that matter dance, there is a language unique to that medium. I take each and explore what it's like to inhabit the process, its tools, its methods, its history. I look for the central metaphors embedded in the medium and where they overlap with the body’s experience.

For example, with printmaking I think about “trace”, replication, the indexical mark, and loss of the original (the plate, the body, the moment past.) I use this critical language as a guide to form the work and also stretch it to see where it's boundaries lie, where might it cross over and become something else. What does printmaking share with photography, with sculpture? In the end I'm often operating in the space between mediums- it's not quite this and not quite that, or both this and that. At the same time I am crossing these structured languages with the direct and sensory experience of the body, which slips around and evades language.

You could take Hairbody, a performance I created that I wanted to read like a painting. There's a flattening of the figure-ground relationship, a very frontal point of view, a square "frame" the piece takes place within. The movement is continuous but excruciatingly slow. I wanted the viewer to have the experience of stillness and mesmerizing contemplation I associate with sitting before a painting- the way one can go deeper and deeper and enter into an image, but it requires time.

So there is this formal investigation that creates a framework inside of which I play. Once I had the structure for that piece, I practiced before a video camera to find the body’s movement and imagery. I freed my body to discover the gestures very intuitively, through improvisation. I have to surprise myself. In the end I can speak about a work like Hairbody through all these different lenses, but at its core there is a real mystery to the piece that still stuns and astounds me for its sense of true feeling beyond words.

Hairbody Performance, Video Stills, 2004. By Andrea Cote

BS: You have also stated that your paintings both honor and defy the physicality of the canvas or surface that you work upon. Can you go into further detail about this? Also, would you say that you have created a personal philosophy as far as art is concerned?

AC: It is only over the past year that I feel I have begun to explore what painting is. I kind of stumbled into it while intending to create one of my hair drawing installations. At the last minute I couldn’t paint on the walls so I brought sheets of MDF to the gallery and created the work on site over 5 days. In the end I realized it was a triptych painting- in that I had to respond to this format.

What is it that makes a painting a painting? It might be illusionary space versus real three dimensional space, it might be something about the picture plane, the window of the canvas, the wall versus the floor, a painted line versus one drawn in space with hair. The lines spill off the canvas and run onto the floor, it has a scale and "theatricality" like installation or performance, but it's still the canvas format I am responding to.

Over the last year I have been compelled to explore painting further, and am currently in the middle of several paintings. I have been thinking a lot lately about the process of painting - that it requires a different kind of studio practice and commitment. I don’t know if I can articulate this yet because it seems so new to me, but painting asks for a deeper sense of space and materiality than drawing – I feel that I can’t get away with certain things that I could when drawing on paper or walls. It confronts the body in a different way. And it really demands a regular studio practice- I can’t jump in and out of multiple projects the way I have in the past. This will all probably sound very naive to long-time painters out there, but I’m really in awe of the process.

As far as a personal philosophy, I aim to create something that is impossible. I know I will fail many times in the struggle to create it- and I have to, if that project is worthwhile. I have to make work that is vital, and I have to be surprised.

Refrain, Mixed Paints and Hair on Board, 72"x 132", 2007

BS: I understand that you have also worked as an artists’ model. How did that experience impact the direction of your personal art? Can you explain the connection if there is one?

AC: I worked as an artists model full time for a number of years after undergraduate school, and it completely affected the way I approached my work. My subject matter had always been the body, very sculptural, inspired by artists such as Kiki Smith and Leslie Dill. Through working as a model, I discovered the need to inhabit the work more directly - it became more performative, and my vision became clearer.

The artist's model resides in an interesting space. You are fully exposed – literally naked – and at the same time sort of invisible. You are the object in the room everyone is focused on, and yet also ignored. The artist’s model represents "The Figure," or "The Human Body," and yet when you look at the drawings, something of the specificity of the individual escapes through.

In my work you often see this struggle- both to assert one's identity and remain anonymous. My body is at once seen and hidden, a kind of camouflage that dresses the body with itself. There is something about disappearing inside oneself that recurs in my work- it's not something I focus on, and yet it always seems to emerge.

In addition, many of my performances occupy a kind of movement within stillness, explore different aspects of "the pose,” experiment with the myriad ways a body can be represented, and express the desire of the artist/model to fully merge with the artwork itself. The model is the bodily link between the studio, the process, and the work of art. Once the model asserts her place as creator, it completes that circle.

I also enjoyed this role of being a collaborator and a muse- a kind of inspiration for further creativity, which requires you to be fully present and giving of your energy. You learn how to create a presence, which is necessary for both a body and an artwork.

Cornerspace, Digital Print, 14"x 10.5", 2003. By Andrea Cote

BS: You have done several collaborations as well. Can you discuss one of those projects? Also, how does your mindset change when you are working on a collaboration compared to when you are working alone? Is there a change?

AC: Every collaboration is different and creates its own rules and challenges. There have been projects, like the BodySite piece, where the main vision was mine and I brought on a costume designer, Mary McKenzie, and a choreographer, Ann Robideaux, and encouraged their input. I collaborated with a Slovenian artist who uses hair, Elena Fajt, and that was more of a partnership. So was my work with Joelle Jensen as co-curators of the show “Posing,”– we had such a great rapport that one could write half a sentence and send it to the other to finish. Then there was the Gesture Jam,– a mash up of musicians, models, artists- it was really like a Jazz improvisation with everyone responding moment to moment to each other’s actions all in the name of a drawing session- pure process.

I probably learned the most about collaboration from my year-long experience with Robert Treat back in 1996-97. Robert and I used to travel all over Seattle presenting modeling as performance art. Between Robert’s years of experience as the best model in town, and my experience as a teacher and visual artist, we had a built-in trusted audience. And those audiences were always making art, so the worst that could happen is that they’d come out with some strange drawings.

We’d throw out ideas daily- practice shapes at home, try them out in class. Robert would discover an interesting piece of music or poetry and he would set a score for our poses, or he’d create interesting juxtapositions with the body like giant sculptural urns or bizarre rubber masks. I had a more conceptual approach – I’d introduce mirrors, clay, draw while posing -I liked to switch roles between model, teacher, student and artist (all these elements later became integral to my solo work, but emerged here.) We each indulged the other’s impulses and meanderings. We’d improvise and build on the ideas, which over time developed into “pieces.” We had a strong trust, and respected each other as artists.

I think the important thing in collaboration is to let go of your ego - you really have to give all of yourself, and it has to be equal. I have worked on unsuccessful collaborations where members did not communicate and bring enough to the table with each other. Some ideas are really worked out better solo.

In the work I do alone, of course, it’s quite different, though I feel I have many voices within myself. I often think of myself as a collaborator, especially in video or photography work, where I let the "other Andreas" out to play. You can see this explored in some of my pieces like “Dialogue,” that is about these multiple personas interacting.

BodySite, Mobile Performance, 2006- Present

BS: Andrea, your performances have been presented at the Dumbo Arts Festival, Scope Art Fair, the Philadelphia Fringe Festival and several other venues. Can you discuss your performances and the feeling you have when viewers are observing you?

AC: I try to be in the moment, aware of both how my body feels from inside and how it looks from outside, what each gesture conveys. I might recall my intention, stay with a score that's been set, or veer off on an impulse. I focus on my breath, try to move on the inhale, exhale. It can be thrilling, fearful, exhausting. I can suddenly feel very self-conscious and absurd, but have no choice but to keep going. It's a risk- but when the 
magic happens, you feel it, and the audience responds. With performance the work only exists in that moment, you create it and share it together with the audience, they complete the work.

Modeling at the Gesture Jam, Pratt Fine Arts Center, Seattle, 1997
Gesture Jam with Robert Treat at Pratt Fine Arts Center, 1997

BS: Your art has been exhibited at Jack the Pelican Gallery, Delaware Art Museum, and at several other spaces. Where can our readers observe your work in person at this time? Will you be involved with any upcoming exhibits?

AC: I have a two person show with my friend Etsuko Ichikawa coming up in March in LA at Tarryn Teresa Gallery. I will begin a printmaking residency at Robert Blackburn Studio in NYC in February and that will be followed by an exhibition. I am curating a show in July at Art Sites, a fantastic gallery in Riverhead, NY- it’s worth the trip! That's all I have on the calendar for now, but things are always coming up. If you want to be kept posted, please join the mailing list on my website.

BS: Andrea, I would like your opinion about gender issues in the art world. I have had discussions with several artists about the issue of women having a harder time finding exhibit opportunities compared to men. For example, Dianne Bowen and Nancy Baker both agree that women don‘t seem to have the same influence as men in the art world. Sylvia Sleigh mentioned that while the situation is better for women in the arts there are still issues that need to be dealt with. What is your opinion on gender issues in the art world? Have you experienced anything negative due to your gender?

AC: That is difficult for me to say, for I don’t know if I’ve been discriminated against in any way for my gender (to my knowledge not openly.) When I look at the artists I know, the men and women seem to be showing fairly equally. Now it may be that there is a disparity between my personal experience and the one that is “out there.”

I myself have been incredibly influenced by female artists, to a greater percentage than male ones. Louise Bourgeois, Eva Hesse, Joan Snyder, Ana Mendieta, Ghada Amer, Yoko Ono… these artists I find brilliant, moving. Curators such as Catherine Zegher, Olga Viso, Dede Young... the writers Peggy Phelan, Amelia Jones, Rebecca Schneider. They are part of my world. Whether other parts of the art world wish to focus more on what Damien Hirst has done lately… well, that’s a choice. We need to promote those whom we think are creating really important work, contributing to the dialogue around it. Look for those who want to have a dialogue with you. Last year when the MOMA hosted a Feminist symposium I believe it was the most attended in their history.

BS: What about gender as a way to define an artist? For example people will say "female artist" or "woman artist"... should they just say "artist" in your opinion? After all, when one describes art that has been created by someone who happens to be male they never-- or rarely-- say "is a male artist" or "is a man artist" when describing the artist in question. What are your thoughts on that?

AC: I suppose it depends on what the context is. Sometimes gender is relevant and informs the work or the context of a show, sometimes not. I was in a group show last year that included seven artists who all happened to be female. It was not a focus of the show, it wasn’t mentioned in the curatorial text. However it was an interesting note, especially since many of us were versed in feminist theory. We discussed it a bit at the panel, but it was more of an ancillary coincidence.

This is all not to say that there are not strides still to be made in the awareness and agendas of Feminism, but I do believe it’s happening organically- the younger generation is very much aware of it and we all need to continue to acknowledge and discuss these matters (a topic for a more complex and nuanced discussion.)

I have thought for some time of a curatorial project exploring the legacies of feminism that I see in the work of a younger generation of artists, and it includes both men and women. In some pieces gender is an issue, in others the lineage emerges along the less acknowledged lines of community activism, performance, and social and ecological issues.
Dialogue, Video Stills from Installation, 2003

BS: What other concerns do you have about the art world at this time?

AC: One of my main concerns now is how to be both an artist and a mother. I have a seven-month-old. In school I didn’t have many role models for this among my female professors, but I am heartened to see that the role of active artist mothers is growing and I hope becoming more accepted all the time. I know so many artists right now that are mothers or becoming mothers, and also a number of gallerists, curators, critics.

I think it presents challenges certainly, but I am in complete admiration of the artist mothers I know. And I think it is important to respect that some are able to get back in the studio right after birth while some take some time off but return later. I hope that residencies, grants and exhibition opportunities start to take family and child care into consideration. I am optimistic- I think it is inevitable and will have an impact on the art world.

BS: Finally, is there anything else you would like to say about your art or the thoughts behind your work?

AC: I have been thinking a lot lately about risk and doubt. I’ve been reading a biography of Willem de Kooning. He lived in perpetual doubt, but there was a conviction in his doubt and you can read it in the work- it is alive with decisive uncertainty. With each painting, every day, he was willing to risk what he had already achieved in order to go further.

When he had achieved success with a work, he never chose to repeat it. He always moved toward the unknown. That is reassuringly unassurring to me. I have learned to embrace my contradictions, frustrations and fears as a fertile space in which to play. Maybe that’s part of my “philosophy.”

You can learn more about Andrea Cote by visiting her website-- www.andreaspace.net. Andrea Cote is currently a member of the myartspace.com community-- www.myartspace.com/andreacote. You can read more of my interviews by visiting the following page-- www.myartspace.com/interviews.

Take care, Stay true,

Brian Sherwin

Senior Editor

myartspace.com

www.myartspace.com

New York Art Exchange

www.nyaxe.com

Controversial Art Damaged by Protestors

’The Duc, Viet Nam’ by Brian Doan was damaged by protestors

I recently posted an article about a protest involving an exhibit involving Communism. Over 300 protestors met outside of the controversial F.O.B. II: Art Speaks exhibit sponsored by the Vietnamese Arts & Letters Association Center in Santa Ana. There have been several disturbances at the gallery do to the controversial theme of the exhibit and the fact that it took place in a location near a Vietnamese American community.

Those involved with the protest felt that a similar controversial exhibit would not have taken place near other minority communities. For example, one rights advocate stated that a photograph of a young Jewish person wearing a Nazi symbol standing next to a bust of Hitler would not have been displayed in a heavily populated community of Holocaust survivors. Others have suggested that an exhibit involving African Americans wearing Ku Klux Klan (KKK) hoods would not take place in a predominately black community.

The actions of the protestors has sparked debate concerning what should be expected from curators as far as being responsible for the exhibits they manage. The story has caused a wildfire of comments from individuals online. Some support the exhibit as the perfect example of the freedoms shared in the United States while others have suggested that the exhibit was nothing more than a reckless publicity stunt. Some feel that support for the exhibit reveals that the “scars” within the Vietnamese American community are not acknowledged when compared to the “sensitivity” that is involved in discussions-- both verbal and visual-- involving the history of African Americans and other minority groups in the United States. One anonymous forum commenter stated, “if it involved slavery and the KKK the organizers would have been charged with hate crimes.”.

What is your opinion? Should artists, curators, and gallery owners be held responsible for damage that occurs due to protestors if the work displayed is overly controversial? Should the First Amendment be upheld even if a minority group is hurt in the process? Would the exhibit had been shut down before opening had it involved a different minority in a similar context? Should parts of history be "off limits" until the generation that experienced it are long gone? What say you?

Links of Interest:

Vietnamese Americans protest art exhibit in Santa Ana -- Los Angeles Times

Vietnamese Americans Protest Controversial Exhibit Exploring Communism

Take care, Stay true,

Brian Sherwin
Senior Editor
www.myartspace.com
New York Art Exchange
www.nyaxe.com

The Castle Builder

A co-worker and fellow artist, Adam Ogilvie, turned me on to this terrific 5-minute video in December. Entitled "Bishop's Castle," it is a well-edited introduction to Jim Bishop, an under-known contemporary artist.

Working alone on weekends (and four weekdays during the summer), the high school drop out and iron worker has constructed the eponymous Bishop's Castle in the Rocky Mountains, just outside the tiny, central Colorado town of Beulah. He began the project in 1969. At that time, he only intended to build a stone cabin. Forty years later, that cabin has grown into an incongruous marvel.

In the first two minutes of the video, Jim Bishop seems the very picture of artistic heroism. He works for the "glory of God" and for himself, and he characterizes his efforts as those of an honorable "peon." His astonishing creation is, as he puts it, a "one-man project, donation box basis." Bishop is justifiably proud of his remarkable accomplishment. The castle is not a funded public art project, yet it is far more impressive than either Christo's Central Park "Gates" or Eliasson's "Waterfalls."

Sadly, the castle construction has been fraught with legal battles (over insurance, material use and zoning) and even tragedy. In 1988, Bishop's four-year-old son, Roy, was killed at the castle site, apparently crushed by a tree that Bishop felled. One of the castle's towers is named after Roy, and Bishop says that he will inter his son's ashes there. Still, Bishop perseveres.

A rough-worn, but charismatic man, he tosses off memorable quips: "Engineering without money is ingenuity."; "I'm building this for myself. Basically, I'm an egotist." Early on, this rugged individualist act is endearing but, as the video advances, a darker side of Bishop is revealed. He rants about our nation's eroding morals and civil liberties and, although his convictions are not entirely without merit, his attacks on big government seem increasingly irrational.

Near the video's end, he yells from one of the castle's towers, seemingly possessed by a God-given vitriol. "I'm about to pass out. I'm getting...I'm....I just gotta get the blood in the right place now. Get that camera rolling! I'm doing work! I benefit everybody!...I'm the anti-devil!" Come again?

Still, like Jean Dubuffet, I believe that (with the exception of the hobbyist) those artists wiling away in obscurity, whatever their reason, are often producing exceptionally exciting work. Bishop is one such outsider, and his astonishing project deserves more attention.

Photo credit: ripped from Milewalker's Flickr photostream

(Note: The original edit of this post was posted on the blog, Letters From The Inquisition.)

Shepard Fairey: Obey Copyright

(There is an update on this story near the bottom)

According to Reuters a blogger has discovered the source material of Shepard Fairey’s image of President Barack Obama titled ’Hope’. Michael Cramer took it upon himself to discover the identity of the photographer who took the Obama photo that Fairey had used as a resource for the now “iconic” poster. Fairey has openly stated that he found the images while searching for Obama image on Google. Cramer eventually found a match-- a photograph of Obama taken by Reuter’s veteran photographer Jim Young.

According to the Reuters article the photographer does not care that Shepard Fairey used his photograph without permission, stating, “I’m honored, but I’m glad it didn’t come out until after the campaign,“, he went on to say, “I think even if I had known it was mine, I would have kept quiet. It would be just my little secret.” I’m not sure what Young is implying with his statement-- perhaps he thinks that Obama would have lost support from the art community had it been revealed at that time?

On one hand you can say that Jim Young is being admirable. However, on the other hand you can say that he is being foolish-- working against his profession. After all, there has been heated debate about potential Orphan Works legislation for years now. Over 60 visual art and photography organizations have stood against Orphan Works legislation.

Thus, the issue concerning Fairey’s use of Jim Young’s image without permission or credit is a perfect example of how Orphan Works legislation can harm artists if it is passed at some point in the form we have come to know it. Needless to say, I feel that it is of the utmost importance that the needs of so many creative professionals be acknowledged. In other words, the issue is not about Young taking this alleged infringement by Shepard Fairey with a grain of salt-- the issue is that this could have happened to any visual artist, any photographer, anyone. You.

This is why it is important for works by living artists to remain protected. The current legal repercussions for copyright infringement should remain intact so that creators can adequately defend their copyright protected works and receive the compensation they deserve when their rights are infringed upon. This is why Jim Young-- assuming he holds the copyright for the image-- should consider using what has happened as a way to gain momentum concerning the debate over copyright.

Having some knowledge of Shepard Fairey’s history of alleged copyright infringement and examples of him settling out of court I knew in my gut that eventually the truth would come to light. I was not the only one with concern. Now that the truth is free-- or allegedly free-- I can only hope that those involved will do the right thing. What do I hope for?

*I hope that Shepard Fairey will think twice before using random images that he finds.

*I hope that Shepard Fairey will respect the rights of fellow artists and serve as an example for upholding and respecting copyright laws.

*I hope that the present form of Orphan Works legislation is never passed and that people use this story as an example of why it is dangerous to creative professionals.

*I hope that people can set their emotive support for the ‘Hope’ poster aside in order to see that this is an issue of artist rights.

*I hope that the media will notice that this is the perfect time to discuss the rights of artists and legislation that may harm those rights.

*I hope that President Barack Obama will be a true champion of the arts and protect the rights of the creative community-- rights that we need in order to be productive and successful.

*If there is anything to this story-- even if Jim Young refuses to defend his copyright-- I hope that President Barack Obama will reject any further “help” from Shepard Fairey as a sign of solidarity with hundreds of organizations and millions of artists, art buyers, and artist rights advocates who support copyright protection.

Let us pretend that Jim Young was infuriated with Shepard Fairey. Let us assume that he wanted to defend his copyright and seek damages from the controversial artist. I’m not a lawyer, but I do have some basic understanding of copyright law based on conversations I’ve had with attorneys and other individuals who work closely with copyright issues. My opinion is that this would be a case of copyright infringement due to several factors:

* Making copies of a work that is based on a copyright protected image is copyright infringement unless the artist has permission from the photographer to utilize his photograph within the context of the artwork. In this case Shepard Fairey and his business partners should have had permission from Jim Young before distributing posters derived from Young’s photograph of Obama.

* Fair Use can only protect an artist like Shepard Fairey to a certain point. Fair Use is acceptable when an artwork is copied for purposes of criticism, comment, news reporting, teaching, scholarship, and research. However, the right-- the Fair Use defense-- is not absolute. I think printing thousands of posters involving the image is well beyond Fair Use. The issue is not that Fairey used an image of Obama-- his First Amendment rights allows him to do so-- the issue is that he did not seek permission from the photographer from which his image was base.

Since Shepard Fairey worked closely with companies that distributed the image-- and since Fairey technically runs a company-- the venture was predominately a commercial one regardless if “all of the money” was donated to the Obama campaign. After all, someone profited off of it. There are even reports that Shepard Fairey sold Urban Outfitters exclusive rights to some of the merchandise. All of this would come out if Shepard Fairey had to defend his Fair Use of Jim Young’s Obama photograph. In this scenario the photographer could take action against Shepard Fairey and others who helped promote and sell the image.

If this issue were to go to trial the jury would consider the potential value or market of the original work-- in this case Jim Young‘s photograph. In this scenario jurors would decide whether the alleged infringement sought to supplant or divert sales away from the original work. One could say that Shepard Fairey intentionally diverted attention away from Young’ photo of Obama-- he did not give the photographer credit nor did he ask permission. The court would decide if Shepard Fairey’s ‘Hope’ suppressed the market or value of Jim Young’s photograph.

In a sense, both the artist and the photographer would be at the mercy of the jury. However, in cases like this the jury will think more about facts than law. So the fact that the portrait of Obama in Fairey’s ’Hope’ matches when flipped and placed over Young’s photograph would not bode well for Fairey’s defense of Fair Use in that scenario. It would be a case of Copyright versus the First Amendment. I will say that I think Jim Young would have a lot of support if he decided to take action. Personally I think he is obligated to take action if indeed he holds the rights to that specific images. There are many photography organizations and visual arts organization fighting against infringement like this due to ongoing Orphan Works legislation. It would be a major win for copyright supporters in the arts community.

*Copyright infringement does not have to be word-for-word copying-- it does not have to be literal. In fact, the total concept and feel of a work can also be protected by copyright. There is no specific percentage that needs to be reached before a work can be considered infringement. Since the placement of the face is exactly the same other than being flipped I think that it is possible that infringement occurred.

*One could claim that Shepard Fairey’s version of the photograph is a derivative work-- that Hope is derived from Jim Young’s photograph. However, the owner of a copyright protected work has the exclusive right to prepare derivative works and authorize others to do so. Thus, Shepard Fairey would have had to obtain permission from Jim Young in order to create, print, and distribute works derived from Young’s photograph of Obama.

*One could say that Shepard Fairey’s image is acceptable based on appropriation. However, appropriation-- a work that involves appropriating the property of someone else in order to claim it within his or her own work-- is hard to define and would most likely be up to a jury to decide. Appropriation is not a solid defense. Some artists have lost small fortunes over the issue.

In court the judge and jury would examine three points when observing an alleged violation of copyright infringement. First, they would find out if the artist had access to the work he or she infringed upon. Shepard Fairey had access to the image-- he admits that he found it online doing a Google search for Obama images. Second, they would examine if any copying had occurred by viewing the original work-- the photograph-- alongside the work that allegedly infringed upon the original work. Look at Michael Cramer discovery. Third, the jury would decide if the copying was substantial. Again, it would really boil down to how that specific jury felt at that specific time.

If Jim Young owns the copyright for the photograph and has officially registered it he would be able to pursue a copyright infringement lawsuit against Shepard Fairey easily. If the photograph is registered Young would be eligible for "statutory damages"-- meaning that Fairey would have a lot to lose in court. Young could possibly take action against Evolutionary Media Group as well for helping in the print and distribution process.

Shepard Fairey and Evolutionary Media Group printed over 300,000 posters (probably more) without permission from Jim Young-- assuming our imaginary jury sided with Young-- the story involving the mass printing and distribution of different versions of the poster is well documented online. The business partnership between Shepard Fairey and Evolutionary Media Group is also well documented online. Various quotes from Shepard Fairey, Yosi Sergant, and others would no doubt be heard in this scenario.

In this scenario I don’t know if Jim Young could target the Obama campaign organizers because they did not officially contract Shepard Fairey for the image-- depending on which article you read and at what date it was published. Needless to say, there are conflicting reports about Shepard Fairey‘s unofficial-official connection to the Obama campaign and fundraising. Recent articles state that Shepard Fairey was not contacted directly by the Obama campaign and that his work for the campaign was not “official“.

However, Maureen Callahan of the New York Post reported (on April 24th 2008) that Fairey had stated that he did not want to do something for the Obama campaign “without proper authorization”. Callahan also reported that Fairey worked closely with the Obama campaign communications director Scott Goodstein on the design of the poster.

A Wired article (from September 21st, 2008) quotes Shepard Fairey as saying that he did not want to be an “unwanted endorsement” for the Obama campaign. Thus, he waited for the “unofficial wink and nod to do the image.” which ended up being promoted heavily by the Obama campaign--- I’m sorry folks, that sounds official to me.

Oddly enough, in the same Wired article Fairey does not hide the fact that he drew some inspiration from Alberto Korda’s famous shot of revolutionary Che Guevara for his Obama image--- so why did he not give credit to Jim Young as well? The article goes on to say that Shepard Fairey was eventually contacted by the Obama campaign to create an “officially-approved” version including a campaign approved slogan, ‘Hope’, instead of ‘Progress’.

However, the same portrait, allegedly from Jim Young’s photo-- was used. The article also stated that the campaign desired Fairey to use a "campaign-approved" photo. If the Wired article is correct would that not mean that the Obama campaign is also responsible for the alleged copyright infringement of Jim Young’s photograph-- assuming that he owns the copyright and is willing to defend it? Keep in mind that the Obama campaign earned over $400,000 from Fairey’s Obama themed merchandise. I wonder how much Jim Young earns per year?

There are many contractions concerning stories about Shepard Fairey and his work with the Obama campaign. I’m certain that Michael Cramer’s discover will only add to the chaos. The truth may be forever buried under the rubble of regurgitated articles about Shepard Fairy’s ’Hope’ poster-- which I firmly believe was hyped by stealthy pr tactics instead of a grass roots initiative.

I don’t know if Jim Young owns the copyright to the photo. It may very well be owned by Reuters. It might be open to the public to use. However, what if that is note the case? What if it did not happen to Jim Young and Reuters? What if Shepard Fairey randomly stumbled upon one of your copyright protected images online and “referenced it”? What if he made $400,000 in profit off of the manipulated image? What if the Orphan Works legislation of 2008 had passed and you had lost your right to seek adequate compensation in a court of law? That is what this is about people. I’m certain the family of Felix Rene Mederos Pazos would have an opinion about it.

Update Concerning Shepard Fairey Photograph Controversy:

Apparently the photography issue surrounding Shepard Fairey’s poster ‘Hope’ has been solved again. Earlier reports by Reuters stated that Michael Cramer had discovered the specific photograph that Shepard Fairey had used without permission and without giving credit. Reuters confirmed that the photograph had been taken by one of their veteran photographers, Jim Young.

A new article by TIME has thickened the plot. Michael Scherer reports that the origins of Shepard Fairey’s hope have been traced to a photograph of Obama taken in April of 2006. The photograph was taken by Mannie Garcia-- who at the time worked for the Associated Press as a freelancer. The discovery was made by Tom Gralish-- a Philadelphia Inquirer photographer who was inspired by Michael Cramer’s search for truth. In my opinion, the same scenario that I mentioned concerning Jim Young applies.

Photograph of Obama taken by Mannie Garcia for the Associated Press.

From what I've read it appears that Mannie Garcia may actually take some form of action against the use of his image by Shepard Fairey-- at least in the form of discussing appropriation with Shepard Fairey. The photographer has stated that he hopes to contact Shepard Fairey in order to discuss Fairey’s use of his photograph in order to “work this out“. Garcia pointed out that "Photographers are always getting ripped off,". However, Garcia has made it clear that he is not going to seek money from Shepard Fairey.

A comparison of the Obama photograph taken by Jim Young and the Obama photograph taken by Mannie Garcia concerning Shepard Fairey’s ’Hope’.

From what I’ve read it seems Mannie Garcia simply wants to bring issues of appropriation and copyright directly to Shepard Fairey’s attention. However, it should be noted that Mannie Garcia works at the White House for Bloomberg-- so I doubt he would want to press too far into the issue.

Links to the Mannie Garcia / Shepard Fairey story:
http://swampland.blogs.time.com/2009/01/21/found-the-photograph-that-inspired-obama-nation/?xid=rss-topstories

http://blogs.phillynews.com/inquirer/sceneonroad/2009/01/found_again_the_poster_source.html
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.

Links of Interest:

http://blog.wired.com/underwire/2008/09/poster-boy-shep.html

http://blogs.reuters.com/photo/2009/01/15/iconic-obama-poster-based-on-reuters-photo/

www.art-for-a-change.com/Obey/index.htm

www.nypost.com/seven/04242008/news/nationalnews/paint_misbehavin_in_team_os_street_art_107876.htm?page=0

www.laweekly.com/2008-09-11/columns/yosi-sergant-and-the-art-of-change-the-publicist-behind-shepard-fairey-39-s-obama-hope-posters/

www.myartspace.com/blog/2009/01/obama-art-phenomenon-selling-hope.html

www.myartspace.com/blog/2008/11/intentions-of-shepard-fairey-should-be.html

www.myartspace.com/blog/2008/09/obamas-obedient-artist-is-shepard.html

www.myartspace.com/blog/2009/01/brad-holland-responds-to-public.html

www.myartspace.com/blog/2009/01/art-space-talk-martin-trailer.html

Take care, Stay true,

Brian Sherwin

Senior Editor

Myartspace Blog

www.myartspace.com/blog

myartspace.com

www.myartspace.com

New York Art Exchange (NYAXE)

www.nyaxe.com

Buy Art and Sell Art Online: The New York Art Exchange (NYAXE)

www.nyaxe.com connects art buyers to art sellers.

The New York Art Exchange (NYAXE) continues to grow as new features are implemented. The New York Art Exchange, an online marketplace for buying and selling contemporary fine art, enables the art community to capitalize on new digital mediums through technology by connecting artists, gallerists and collectors via the World Wide Web. NYAXE is brought to you by www.myartspace.com, the premier networking site for artists, art collectors, gallerists and other involved in the global arts community. With over 50,000 members myartspace is a concentrated social art site for the art world.

NYAXE connects collectors, artists and gallerists together, allowing buyers to quickly search through thousands of works of fine art on the site and navigate through numerous curated pieces of works. Gallerists and artists can create a personal and customized branded online gallery storefront to begin selling on the NYAXE marketplace. Storefronts can be organized into categories such as watercolors, original works, sculptures, to make it easy for art collectors to find what they are looking for.
Create a NYAXE storefront and sell your art, photography, and fashion to the world. Mark Enger’s store on the New York Art Exchange -- www.nyaxe.com/MarkE

Currently there are five different levels to choose from in building a NYAXE gallery storefront. A basic storefront is free for the first five listings, and each level provides more advanced features and marketing capabilities and cost effective pricing structures. The various tiers of service are designed to enable artists and gallerists to try their hand at ecommerce to build a basic store at a low cost. Artists and gallerists subsequently can upgrade to higher tiers if they wish to expand their offerings. NYAXE is a an affordable solution for exploring what eCommerce has to offer.

The New York Art Exchange (NYAXE) was officially launched on December 2nd at the Bridge Art Fair in Miami. Catherine McCormack-Skiba, CEO and founder of NYAXE, stated, "It's been my vision for years to make great art accessible to a broader audience through technology and the internet. I'm excited that we can empower gallerists and artists to expand the awareness of their fine art and help them connect with a new audience of buyers on a global level."

Browse the New York Art Exchange

Buying and selling art on the New York Art Exchange is easy. Browse NYAXE stores quickly. Browse by medium or by category. Use ‘Jump to page’ to go to specific browse pages or simply view each page one page at a time. Use the NYAXE search field to search by artist name, tag, location, medium, style or price. Sort by Featured stores, date added, and price.

Links of Interest:

www.catmacart.com
www.myartspace.com
www.nyaxe.com
www.nyaxe.com/storeSellerSignUp.do

Take care, Stay true,

Brian Sherwin

Senior Editor

myartspace.com

www.myartspace.com

New York Art Exchange

www.nyaxe.com

ArtTactic: Art Market May Take Years to Recover

ArtTactic Ltd reports that confidence levels in the contemporary art market have fallen 81 percent since May 2008 and may take between three and five years to recover. ArtTactic provides unbiased art advice, analysis and market research for art collectors, art professionals, art funds, and art institutions.

The recent ArtTactic survey includes a new “Survival Rating” of artists who respondents believe will be considered of high importance within 10 years time. German artist Gerhard Richter was at the top of the survival list followed by Jeff Koons and Cindy Sherman. Damien Hirst was lucky-- he was able to land the seventh position on the list of ten ’high importance’ artists. Others were not so lucky.

The ArtTactic survey rated Jake & Dinos Chapman, David Salle, and Franz Ackermann as current high importance artists who will least likely to be considered of high importance by 2019. Needless to say, ArtTactic feels that when the dust over the market settles the market, as we know it, will be a very different place.

ArtTactic became the first company to ever develop an Art Market Confidence Indicator, an indicator of the market based on feedback that is now closely followed by individuals who follow the art market. ArtTactic’s Western Art Market Confidence Indicator dropped to 10.5 from 56, the lowest level reached since the survey was introduced in May of 2005.

ArtTactic’s findings were supported by the Royal Institution of Chartered Surveyors survey. RICS is a professional body representing art appraisers, auctioneers, and real-estate surveyors in the United Kingdom.

Key points of the ArtTactic survey:

-Confidence hits rock bottom: US & European Contemporary Art Market Confidence Indicator drops 81% from May 2008.

- Recovery will take years: 52% of the respondents believe it will take more than 3 years for the market to start picking up, and more than half of these believe it could take more than 5 years.

- Bottom falls out of the high-end of the market: The confidence has weakened in all of the higher price segments since May 2008

Links of Interest:

Art Market May Take 3-5 Years to Recover, Survey Company Says -- Bloomberg

www.arttactic.com

Take care, Stay true,

Brian Sherwin
Senior Editor
myartspace
www.myartspace.com
New York Art Exchange
www.nyaxe.com

Art Space Talk: Jessica Wohl

Jessica Wohl, has won third place in the 2008 Graduate Scholarship Competition provided by myartspace.com. Jessica will receive a $1,000 cash scholarship from myartspace. The myartspace Art Scholarship program began in July 2008 and entries were due by December 15, 2008. $16,000 of cash scholarships are awarded to the top three winners in the undergraduate category and the graduate category. Entry to the competition is free as is membership to myartspace.

Jessica is currently working on her Masters of Fine Arts at the Lamar Dodd School of Art at the University of Georgia in Drawing and Painting. She earned her Bachelor of Fine Arts in Illustration and Art History at the Kansas City Art Institute. In Jessica's words "I’m interested in the concept of the family. What is a family, and by what is it defined? A family constitutes a group of multiples with a shared common bond, and I investigate the nature of, and the power of that bond. I’m interested in exploring the illusion of a family: how it portrays itself to the world, how they hold themselves together, and what might happen they let themselves fall apart.

Collecting family photographs, stories, memories and imagery connects my personal experience to a larger history. I also collect culturally derived patterns and ornament, most specifically, lace, as it references my Russian ancestors. Collecting, accumulating and arranging are all ways in which one manipulates their environment to achieve perfection, and it is in the obsessive nature of my work in which I emulate the quest for perfection that many families undertake and display."

Catherine McCormack-Skiba, the founder of myartspace and CEO noted, “We had entries to the scholarship program from students at over 1,200 colleges and universities. The unbridled spirit and creativity from this group is quite impressive. While the top winners receive their recognition and award money, virtually all the submissions were of top-notch quality. We applaud the young contemporary artists in school today. Their contribution to the fine art world will be felt for decades to come. We are so excited from this first scholarship program we will be launching our 2009 scholarship program later this year and hope to see more than double the participation. Myartspace remains focused on improving the lives and careers of its community members.”

Brian Sherwin: Jessica, you are one of three winners of the graduate art scholarship competition provided by the artist social network myartspace.com. As you know the scholarship is intended for students who exhibit exceptional artistic excellence in their chosen medium and is to be used in order to further education in art. Can you describe how you felt entering the competition and your reaction to finding out that you had won?

Jessica Wohl: As I'm sure all applicants were, I was hopeful about the competition, though I figured it was pretty competitive. The word 'scholarship' always makes students excited. My reaction to winning was, of course, surprised and excited! I am really honored. It gives me validation and makes me feel like I'm going down the right path.

BS: Can you tell us about your academic background? Where have you studied? Did you have any influential instructors?

JW: I graduated with a BFA from the Kansas City Art Institute in 2001 with majors in illustration and art history. After school, I decided Illustration wasn't for me, and that I wanted to paint. My illustration background gave me painting skills, but I felt unfulfilled when it came to thinking conceptually about my work. Since I didn't have anyone to dialogue with when it came to more conceptual ideas, I knew I had to pursue graduate studies.

I'm currently in my second year of the MFA program at the Lamar Dodd School of Art in the Drawing and Painting Department at the University of Georgia. My instructors here at UGA have helped me tremendously in terms of making my work become more visually and conceptually engaging.


BS: You have stated that you are interested in the concept of the family. Can you go into further detail about that aspect of your art?

JW: I am fascinated by the idea of the family as a group of people who are bound together by various connections. Typically when families are portrayed visually, in photographs or even in the public, there is a persona or visual mask that is put on to conceal the deeper, more troubling truths that define who they are.

BS: Tell us more about the thoughts behind your work…

JW: I am very interested in the multiple, as copies always refer to an absent original. In this absence we find loss, trauma, and death, yet in the obsessive multiple, we find security and stability in the predictable nature of the visuals we distribute, consume and ultimately believe. For these paintings, the 'duplicate' or portrait of the subject (residents I volunteered with in a retirement community/nursing home) acts as a stand in for the individual.

In this case, these individuals were facing the end of their lives, and therefore the paintings foreshadow their impending absence, and the loss and trauma surrounding it. To the best of my knowledge, 5 of the 14 people I painted are no longer alive, and I wouldn't be surprised if that number has grown.

BS: What about other influences? Are you influenced by any specific artists?

JW: I am influenced greatly by photography, especially Sears family portraits, as they are the perfect example of this "posing" persona we put on and distribute, in multiple, concealing truths and presenting and distributing how happy we seem to be. The concept of the uncanny, twins, and things that occur in duplicate also profoundly impact my current work. I am also interested greatly in the abject, loss, trauma and memory. The artists I am most influenced by deal with these concepts: Gregor Schneider, Mona Hatoum, Diane Arbus, Gillian Wearing, Christian Boltanski, and Rachael Whiteread.

BS: How do you utilize symbolism within your work? For example, do colors have specific meanings to you? Discuss this aspect of your art…

JW: Most of the time symbolism occurs in the nature of the process I use. For example, the backgrounds of these works are alluring and colorful, yet they are dripping, decaying and eroding, as a metaphor for the subjects who's bodies are nearing death and decomposition. In my current collage work (soon to be posted!) I'm doing a lot of cutting and organizing, a process that implies trauma and healing.

BS: Can you discuss the art that you decided to enter into the competition. In your opinion, why do those specific works reflect your growth as an artist?

JW: This body of work started because I was experiencing a lot of guilt surrounding my grandfather's death, and I felt I wanted to capture and draw attention to people who were in a situation where they were viewed as abject. Given my training as an illustrator, this was really the first body of work where I explored a deeper concept and presented the work in a professional gallery setting. I finally had something to say, rather than illustrating someone else's ideas. Though it still looks a bit illustrative in my opinion, this body of work was the beginning of the road that I'm currently still exploring in my graduate studies.

BS: In your opinion, how is the internet changing the landscape of the art world, so to speak. Obviously artists today have more opportunities than they had before the advent of the World Wide Web. What your thoughts on this?

JW: The best thing about the web, in my opinion, is the access it provides for sharing information. My peers and I often frequent websites such as dailyserving.com, where we can keep a finger on the pulse of what occurs daily in the contemporary art world. In terms of sharing information, I can't think of a better tool to bring art to the masses. My only hesitation would be that I hope the web never becomes a full-on surrogate for people to view art; I still think visiting a museum or gallery in person is the best way to view art, and always will be.


BS: What are your future plans as far as your art is concerned?
JW: I am still exploring ways of investigating the family, and probably will continue to do this for some time, however I am becoming increasingly more interested in ideas of the home, the environment that houses all the dysfunction. I have some ideas for sculptures and installations that I am looking forward to realizing.

BS: Finally, is there anything else you would like to say about your art?

JW: Visually, my work differs greatly from one body to the next. I think this is a product of growing up where my daily routine and environment changed multiple times a week. Even in this chaos I found some kind of stability, so I suppose my work really is an extension of my upbringing. I hope viewers can realize that beyond these visual differences the concepts underlying the work are actually quite the same.

You can learn more about Jessica Wohl by visiting her website-- www.jessicawohl.com. Jessica is currently a member of the myartspace.com community-- www.myartspace.com/jessicawohl.

Take care, Stay true,

Brian Sherwin

Senior Editor

myartspace

www.myartspace.com

New York Art Exchange

www.nyaxe.com

Art Space Talk: Justin Lowman

Justin Lowman, has won second place in the 2008 Graduate Scholarship Competition provided by myartspace.com. Justin will receive a $2,000 cash scholarship from myartspace. The myartspace Art Scholarship program began in July 2008 and entries were due by December 15, 2008. $16,000 of cash scholarships are awarded to the top three winners in the undergraduate category and the graduate category. Entry to the competition is free as is membership to myartspace.

Justin Lowman earned a BA in Art History and Classic Humanities from the University of Wisconsin at Madison. He is currently concluding his MFA Candidate at Art Center College of Design in Pasadena, CA. Justin describe in his own words his works "I want to reinvigorate various kinds of contexts both public and private to produce renewed awareness of being. With a change in focus or through a unique set of materials, one can see the familiar in new ways in order to pause and reflect on a moment, to capture a fleeting glimpse or perhaps even to smile and gain a sense of wonder.

Producing this kind of situation is important to me because so much of our lives are bombarded with speed and information that challenges our ability to process our lives. As the quality of contemporary life feels increasingly rapid, we observe that time still measures the same as it ever has. Why then do situations sometimes feel painstakingly slow while others exceptionally fast? Taking time to appreciate the small things in moments of contemplation affords the viewer an opportunity to digest and restore."

Catherine McCormack-Skiba, the founder of myartspace and CEO noted, “We had entries to the scholarship program from students at over 1,200 colleges and universities. The unbridled spirit and creativity from this group is quite impressive. While the top winners receive their recognition and award money, virtually all the submissions were of top-notch quality. We applaud the young contemporary artists in school today. Their contribution to the fine art world will be felt for decades to come. We are so excited from this first scholarship program we will be launching our 2009 scholarship program later this year and hope to see more than double the participation. Myartspace remains focused on improving the lives and careers of its community members.”

Brian Sherwin: Justin, you are one of three winners of the graduate art scholarship competition provided by the artist social network myartspace.com. As you know the scholarship is intended for students who exhibit exceptional artistic excellence in their chosen medium and is to be used in order to further education in art. Can you describe how you felt entering the competition and your reaction to finding out that you had won?

Justin Lowman: I don't think one ever imagines winning these things. Of course, I knew I couldn't win unless I tried. I enjoyed putting the gallery together. It gave me chance to take inventory on recent work. My placement at the top has rendered me speechless. Of course, there is a smile.
BS: Justin, you are currently attending Art Center College of Design in Pasadena, CA. You are seeking an MFA in Studio Art. Can you discuss your academic background? For example, have you had any influential instructors?

JL: I am truly grateful to be at Art Center with so many amazing people both students and staff. I feel I am too close to the experience to know what the influences are. While it would be premature to assess Art Center, there have certainly been instructors along the way who have been instrumental to my growth.

My high school teachers--Richard Brown and Katherine Belling--were particularly supportive in planting certain seeds. At that time, it all seemed so new. I spent my undergrad years at the University of Wisconsin-Madison finding my way back to art through first engineering, then art history. It really wasn't until moving to Los Angeles that I was able to begin seeing the possibilities as an artist. Through working with both Lisa Adams and Lia Halloran at UCLA Extension, ideas began to coalesce into something that made art seem attainable for me again.

BS: It appears that you adhere to a specific philosophy concerning life and nature. You have stated the following, “The way nature and light changes endlessly, the way sounds and volumes change continuously, the way air shifts and feels in certain moments, and even the way light influences sensation beyond the visual, all contribute to an entire sense of being that we often readily adapt to and subsequently begin to ignore.” Can you discuss how that concern is reflected within the context of your art?

JL: I look to relations between light, trees and water to begin to understand something of surface and depth. Something so seemingly simple and familiar becomes more complicated the longer and more carefully I observe said phenomena. I think reflection is a good word to use because it both speaks to these relations but it also speaks to memory and deeper senses of being. Like watching the sun set over water light changes both reflectively and atmospherically.

I marvel how that seemingly simple viewing experience continues to mesmerize me. I want the work to deliver that kind of experience where movement shifts subtly with a slight tug at the end as when the sun disappears beyond the horizon. To atttempt to fix one of those fleeting moments provides a kind of pleasure in the present for me.

Much of the work relies on the combination of both fixed and shifting perspectives depending on where the viewer is in relation to the work and whether or not the work itself actually moves. I'm particularly interested in those kind of subtle oscillations. There's such a poetic sense that I feel even words can't begin to describe it.

BS: Tell us more about the thoughts behind your work… the specific themes you explore and the symbolism you embrace…

JL: Like I mentioned previously, the notion of the moment can be both pleasurable and sublime. While the speed of contemporary life appears increasingly rapid, it still measures the same as it ever has. What can this say about how we experience our lives now? Sometimes it feels painstakingly slow, at other times amazingly fast, but it's only in hindsight that we can begin to know meaning.

I find myself thinking a lot about speed in relation to technology where digital media delivers information at the speed of light and how that changes the way we may see ourselves and what kind of new responsibilities we may have given the wealth of information that grows exponentially everyday. I believe there can be no substitute for careful observation and thought. If I can arrest the viewer into a space of contemplation, my hope is that it may provide an opportunity to process and restore.

BS: What about other influences?

JL: I am also inspired by dialogue with my wife Jennifer and our two boys (ages 4 and almost 6). In addition to what the family experience brings in terms of relations in time, I am also inspired by art in many forms including the written and the performed both silent and musical. It is eclectic to be sure.

BS: How do you utilize symbolism within your work? For example, do colors have specific meanings to you? Discuss this aspect of your art…

JL: Colors are very important to me. As a product of matter and light, I am very much invested in questions about location of color. Black and white intensify contrasts to reveal basic structures of things. Reflective surfaces reveal infinite colors based on site conditions and viewers in relation to the work. Here is where the viewer may be able to "get inside" the work a bit.

Most recently my palette has been an investigation into color as it is both perceived through depths of water (black into violets into blues into greens into whites) as well as more digitally oriented color such as magenta and cyan and how those color schemes intermingle to develop a dialogue between the fluidic and the graphic. I want to question the space of the actual and the virtual and where I find myself on that continuum.

BS: Can you discuss the art that you decided to enter into the competition. In your opinion, why do those specific works reflect your growth as an artist?

JL:The work I have chosen is my most recent work. It follows a thread that seeks to draw the viewer further and further into an actual space rather than being held with the mere illusion of virtual space such as that found in my more conventional paintings for example. It's really difficult to present the work photographically because it really needs to be seen firsthand. I want the viewer to be able to interact with it and be in the presence of a moment.

BS: In your opinion, how is the internet changing the landscape of the art world, so to speak. Obviously artists today have more opportunities than they had before the advent of the World Wide Web. What your thoughts on this?

JL: While the value of shared information and networking possibilities is invaluable with internet communities and I am grateful for the ones in which I participate, I am concerned that images of art work posted on the internet are seen as substitutions for an actual viewing experience in a real brick and mortar.

While certain media choices are ideal for web exchange (and there really are some people doing incredible work in the virtual space of the internet), there is still so much that must be seen in the flesh. Ultimately, I want to embrace new technologies and how we can continue to expand our understanding of our being through them while also carefully attending to the ethical issues that emerge with them.

BS: What are your future plans as far as your art is concerned?
JL: Right now I am working to refine aspects of what I have show you while expanding through more video-oriented installations.

BS: Finally, is there anything else you would like to say about your art?

JL: I do hope that I can continue to work on ideas that continue to engage contemporary questions about how we perceive time and space, how and where we find ourselves on that continuum in our daily lives, and how we can better see the way we are interconnected and mutually important one to another--that we are one part in many layers of the whole just as moments of time accumulate into collected experience.Thank you so much for your support and interest. It has been a pleasure.

Justin Lowman is currently a member of the myartspace.com community. You can learn more about Justin by visiting his myartspace profile-- www.myartspace.com/justinlowman

Take care, Stay true,

Brian Sherwin

Senior Editor

myartspace

www.myartspace.com

New York Art Exchange

www.nyaxe.com

Art Space Talk: Lucy May

Lucy May, has won first place in the 2008 Graduate Scholarship Competition provided by myartspace.com. Lucy will receive a $5,000 cash scholarship from myartspace. The myartspace Art Scholarship program began in July 2008 and entries were due by December 15, 2008. $16,000 of cash scholarships are awarded to the top three winners in the undergraduate category and the graduate category. Entry to the competition is free as is membership to myartspace.

Lucy May completed her BA in Fine art at The Ruskin School of Drawing and Fine Art, University of Oxford. She is currently working on completing her MA in Art at the Royal College of Art in London. According to Lucy "My work is founded on an ongoing investigation of memory and the imagination, and revels in the grotesquely beautiful and the dusty annals of the past. The current sculptural work takes its cue from graphic sources such as the etchings of Rembrandt, Goya and Durer. It is heavily informed by Italian Baroque sculpture and therefore religious motifs.

Said motifs and arresting details from etchings are worked up into fantastical tableaux and figures. Their form, although recognizably in homage to traditional sculptural idioms, are molten and indeterminate; subject matter and meaning are thus rendered subservient to the seething and writhing mass of secretions and organic growth."

Catherine McCormack-Skiba, the founder of myartspace and CEO noted, “We had entries to the scholarship program from students at over 1,200 colleges and universities. The unbridled spirit and creativity from this group is quite impressive. While the top winners receive their recognition and award money, virtually all the submissions were of top-notch quality. We applaud the young contemporary artists in school today. Their contribution to the fine art world will be felt for decades to come. We are so excited from this first scholarship program we will be launching our 2009 scholarship program later this year and hope to see more than double the participation. Myartspace remains focused on improving the lives and careers of its community members.”

Citadel 1 by Lucy May

Brian Sherwin: Lucy, you are one of three winners of the graduate art scholarship competition provided by the artist social network myartspace.com. As you know the scholarship is intended for students who exhibit exceptional artistic excellence in their chosen medium and is to be used in order to further education in art. Can you describe how you felt entering the competition and your reaction to finding out that you had won?

Lucy May: Entering the competition was an excellent way for me to build a high quality gallery of my work online, since I don't yet have my own website. I was aware that the site is vast and diverse, and that there would be many applications for the Scholarship. I am honored that my work was selected and delighted that so many more people will be able to view my work as a result of this competition. I'm also excited about the possibilities that this will open up for me.

BS: Lucy, you are currently attending the Royal College of Art in London. Can you discuss you academic background? Have you had any influential instructors?

LM: Before my BA my academic background was very ordinary so I'll credit my parents with instilling in me my imaginative tendencies and thirst for knowledge.

I completed my BA at the Ruskin School of Drawing and Fine Art at Oxford University, which is an fascinating and unique place to study Fine Art. In particular, the study of human anatomy, taught by Dr. Sarah Simblet, was unforgettable and crucial to my creative development. Brian Catling, Head of Sculpture and Richard Wentworth, Ruskin Master, were also influential characters during this time.

I'm now into my second term of a two year MA at the Royal College of Art, London, following some time away from studying. During that time I continued to make new work and put on exhibitions, but am currently flourishing in an environment where I can immerse myself in my work and the creative atmosphere of the College, which I believe is second to none.

Living in Hackney in London has been hugely influential to me and I would like to highlight the support I have received from my fellow artists and the galleries I have been involved with most recently, namely:
Pharos (www.pharosgallery.com/)
Wilson Williams (www.wilsonwilliamsgallery.com/)
and Gone Tomorrow (www.gonetomorrowgallery.co.uk/info.html)

Citadel 2 by Lucy May

BS: You have stated that your work is founded on an ongoing investigation of memory and the imagination. Can you go into further detail about that? Tell us more about the thoughts behind your work…

LM: I am fascinated by the nature of human memory. I believe that imagination plays a huge part in the way we remember and that our imaginitive workings are steeped in personal memory, so I am currently researching the connection between the two. I am in love with the past and have tendencies towards introspection and a touch of melancholia; my internal or imaginative life is very rich, so my work aims to distil these things and give them an appropriate physical form.

BS: You have stated that your sculptural work is influenced from graphic sources such as the etchings of Rembrandt, Goya, Durer. Can you go into further detail about those influences concerning the context of your art?

LM: The etchings which I have seen by the above mentioned artists interest me for two main reasons. The first is the dramatic visual power of such detailed and highly wrought surfaces and beautifully rendered forms. The second is the incredible psychological intensity, particularly in Goya's work, of the subject matter, and the haunting effect this can have on the viewer.

Citadel 2 (detail) by Lucy May

BS: What about other influences?

LM: I am interested in the way that different cultures deal with loss and commemoration. I am therefore always fascinated to see relics, shrines, mementos and other such objects in all their diverse forms.

Children's books and toys from the past and graphic art from the Art Deco period have also been important to me. I love false flowers, plastic tat and other kinds of contemporary kitsch items, in which I find a kind of sad beauty.

Proust's epic work In Search of Lost Time has provided a background accompaniment to my thoughts about my work and life since 2002 and his reflections on memory have reinforced and inspired my own.

Most recently, the grandeur and gestural qualities of Italian Baroque sculpture have informed my work in wax. I'm an ardent admirer of Auguste Rodin and Medardo Rosso, and of course Gianlorenzo Bernini.

BS: How do you utilize symbolism within your work? For example, do colors have specific meanings to you? Discuss this aspect of your art…

LM: My work over the last few years have been entirely dominated by black, alluding to generalised ideas of death and mourning, but also because I felt that colour was superfluous and would distract me from the pursuit of beauty in form. Recent developments, as a result of resuming my studies, have led me to experiment with colour and have opened up new avenues of exploration.

Conglomerate 2 by Lucy May

BS: Can you discuss the art that you decided to enter into the competition. In your opinion, why do those specific works reflect your growth as an artist?

LM: The work that I entered into this competition represents my output since leaving my BA course in 2005. During this time I feel that my work has developed significantly, becoming more ambitious and resolved. I have learned new things from each piece I have made. Each time I have completed a work I have seen what I need to do for the next one, in order to get closer to my ideal - of being able to successfully express in three dimensions the things I have mentioned above.

BS: In your opinion, how is the internet changing the landscape of the art world, so to speak. Obviously artists today have more opportunities than they had before the advent of the World Wide Web. What your thoughts on this?

LM: The Internet allows artists to have their work seen by a huge and diverse international audience in a quick, accessible and unintimidating fashion, and also to be the author of their own persona or mythology. The power of promotional tools such as online galleries and social networking sites would have been unimaginable pre-Internet, and I believe that there is yet more potential here, since the format is relatively young. It is an exciting time.

Conglomerate 4 by Lucy May

BS: What are your future plans as far as your art is concerned?
LM: My work is entering a more experimental phase. I will be concentrating on trying new processes and materials and combining them with the aspects of my practice I feel are already successful.

BS: Finally, is there anything else you would like to say about your art?

LM: Only that I'm looking forward to getting back into the studio

You can read more of my interviews by visiting the following page-- www.myartspace.com/interviews.

Take care, Stay true,

Brian Sherwin

Senior Editor

www.myartspace.com

UW-Milwaukee Grad Student feature: Brandon Bauer

This is the first in a series of MFA student features from the graduate program I work in at Peck School of the Arts, the University of Wisconsin - Milwaukee. These will be cross-posted on implicit art at nathanielstern.com


UW-Milwaukee Grad Student features are licensed under a
Creative Commons Attribution 3.0 Unported License

Brandon Bauer is a multi-disciplinary artist living and working in Milwaukee, Wisconsin. His work explores how the strategy of collage creates or obscures meaning. Brandon’s art has been exhibited in the Aces(s) electronic media festival in Pau, France, The European Media Arts Festival in Osnabruck, Germany, and at Project 101 in Paris among several other national and international venues. His work has been produced in DVD editions, used as illustration for various editorial publications and books, and has been published in poster editions. Brandon has recently completed his MA at the University of Wisconsin-Milwaukee, and is currently pursuing his MFA with a focus on intermedia. Brandon is an adjunct Time Based Media faculty member at the Milwaukee Institute of Art and Design.

Talk about your current practice. What do you make and why is that important to you?

In many ways I consider myself a collage artist, although I have an expanded definition of what collage is or can be. The products of the mediated world are my material starting point. It has only been in the last few years that I have fully embraced the concept of collage as my medium, and recognized the need for me to confront mediated images directly. I became aware in the last few years that I had always been responding to mediated forms in my work, and with that recognition, I found that I needed to work with these forms in a direct way. My recent exhibition Words Are Not Enough at the Inova/Arts Center Gallery in Milwaukee was a critical examination of the products of the media sphere as well as different ways in which to work with them, analyze them, break them down, recombine them, unform them, and manipulate them. The exhibition was an investigation of ideology and the construction of discourse in the media as well as a critique of these operations.

Images and details from the Words Are Not Enough exhibition, Inova/Arts Center Gallery at the University of Wisconsin-Milwaukee, Fall 2008

What got you to this point? What were you doing or making before, and how did that lead you to this kind of production?

I realized I had always been responding to the media in one way or another, and collage has been a constant component in my work, so in the last few years I decided to really concentrate on these forms, strategies, and methods. I think I first realized I was responding directly to media and mediated images in the 1990’s when the images surfaced of the emaciated prisoners in the camps during the war in the Balkans. After seeing those images I began working on a series that came to be called Hungry Ghosts; the series encompassed paintings, drawings, and mixed media works that all depicted tall, withered, cadaverous figures. The collage element came into the works as newspaper pages and headlines buried in the paint so that they could only be seen or revealed by looking closely at the work.

I Bury the Dead in My Belly, from the series Hungry Ghosts, mixed media on wood, 60 x 40.5 inches, 2001

The biggest change in my work came as a result of 9/11 and the invasions of Afghanistan and Iraq. Those events really made me reassess the role of art and the need to find a more responsive critical practice. Working on an oil painting for a month in the seclusion of the studio was not going to allow me the kind of direct critical response that I felt was necessary in face of the rush to war that occurred. It was actually quite an empowering moment to be an artist, I wasn’t the only one to feel that way, and that is what made it so empowering- there was an amazing surge of artistic activity as artists all over the world attempted to put their talents in the service of a critical response to the rush to war by the Bush administration. I was very fortunate to co-edit a book called Peace Signs: The Anti-War Movement Illustrated, that chronicled the worldwide graphic response to the march to war by the United States. The Spanish language version of the book won the Ciutat prize for design in Barcelona for the year 2003. This was the first time that this massive surge of creativity was mounted to try to stop a war before it had even started. Most anti-war art historically has been made during ongoing conflicts, or when specific atrocities came to light, or in the case of graphic works like Goya’s Disasters of War, or Otto Dix’s Der Krieg, made years after the fact. Anyway, it was during this time that I tried to find a more responsive critical practice, and looked for different ways of getting the work out there into the world. I did a number of flyers and stickers to be placed directly on the street, and started doing illustrations for publications like Clamor Magazine and Earth First!, as well as working with other activist based art groups like Visual Resistance and Just Seeds. All of this made me think more critically about the function of art, and eventually led me to work with media as a material in a more specifically critical way.

Peace Signs: The Anti-War Movement Illustrated cover

More Dead and Wounded Everyday sticker and placement, created to mark the 1,000 U.S. casualty in the Iraq war, 2004

Corpobot, Illustration for Clamor Magazine May/June 2004

Who inspires you - that you know personally, as well as historically or in contemporary practice?

I am constantly inspired by my friends and so many of the people around me and what they do. Colin Matthes is a good example. He is insanely productive and an immense talent; his last exhibition, War Fair: Occupation Games for Citizens and Non-Combatants, was astounding - a combination of interactive carnival games as a critique of contemporary warfare. Colin and I collaborated on an exhibition in 2007 called Over There, which brought together work we had both been producing independently as well as collaborative art we made specifically for that show. I think that collaboration opened up avenues and possibilities for both of us that we have continued to expand upon in our own ways. I love collaborative projects in general; that kind of work always motivates me and inspires me.

Brandon Bauer and Colin Matthes installing work for the Over There exhibition, Brooks Barrow Gallery, Milwaukee WI, September 2007

As for historic inspirations, I always come back to the collage and photomontage work of the Dada artists as well as the Neo-Dadaist assemblage work like Rauschenberg's "combines" and the work of Bruce Connor. I consistently find new ways to appreciate the work from these two periods on many different levels. As for contemporary artists, I am very interested in the work of Thomas Hirschhorn, especially his public monuments, and the work of Cady Noland really intrigues me. I respond to the fearlessness of Hirschhorn's work, and the fact that he takes the general public seriously as readers of philosophy. I love the innate democratic quality of his public art, and the fact that he is unafraid to confront theory with praxis. I am intrigued by Noland's work with appropriated materials and her investigation of the undercurrent of violence in the American character. She is an artist whose work I want to spend more time with. My list of inspirations could really go on forever. I try to absorb everything I can, am an omnivorous reader and always hungry visually. Lately I have been reading a lot of Jacques Rancière - his analysis of montage informed a lot of the work in my last exhibition, and I have recently picked up some of his non art-related critical writing on democracy, to see where it might lead me.

Tell us about your favorite and least favorite works of art from your entire repertoire - why they deserve those titles and what you learned from them.

Least favorite... that is honestly a very difficult question for me because I get something out of everything I make, successful or not. I tend to rework things endlessly so a piece I am not happy about may get cut up and recombined into a new work, or may be worked over until it feels right. It’s like Colin said as we were collaborating on work for the Over There exhibition, and I’m paraphrasing him: “either it’s going to be great or I’m going to run it into the ground- there is no in-between”… That’s basically it, I’m either going to make it work or create an absolute disaster. Usually my unsuccessful pieces get re-purposed or reworked into new pieces. Art is a fluid process for me, and in that way there are no real failures… I almost wish I would make a spectacular disaster- it may be my greatest work!

As for my favorite, that's hard too... I guess I would have to say I really love the work I was doing in 2006, because that work was a point in which all of my concerns started coming together. I am particularly fond of much of the collage work I did then, as well as the video work in the short/cuts series, which was a series of 30 short videos experimenting with a variety of different aspects of the video medium. There was just an openness and honesty in the work I was making then, I was trying to zero in on what motivated me to make work and why, and I think it comes across in those pieces. My current work owes a great debt to that period of focused experimentation.

Grassroots Congress, mixed media and collage on paper 4 x 6 inches, 2006

IR, mixed media and collage on paper 4 x 6 inches, 2006

And, mixed media and collage on paper 4 x 6 inches, 2006

What are you working on right now, and where do you see your work headed next?

Right now I am in the midst of the preparatory work for a rotoscope animation project, and there are a number of threads I touched on in my exhibition Words Are Not Enough that I want to continue, expand upon and develop further. I also work with a number of other people on various projects and we have some irons in the fire. I recently contributed to a portfolio project through Just Seeds about the prison industrial complex that will tour through Canada and has some other exhibition dates slated in the US. I will have a DVD released soon of video collaborations I did with the Milwaukee based experimental noise musician Peter J. Woods, and I am involved with ongoing projects for the BATHAS Internationale, which is an anonymous participatory umbrella collective project that explores how the modernist avant-garde notion of negation as revolt has been taken up by subcultures in contemporary society. I am in discussions with A. Bill Miller of Master-List 2000 about a BATHAS/Master-List 2000 net-art collaboration, but that is still in the initial stages. I will have a review of Jacques Rancière's The Future of the Image published in the next edition of the FATE journal discussing its use in foundations level pedagogy. Beyond that my wife and I just had our first baby, so maybe I need to find an art practice that just involves me holding my little baby girl...

Street Art: Martin Luther King, Jr.

At age 33, King pressed the case for civil rights with President John Kennedy. At age 34, King galvanized the nation with his iconic "I Have a Dream" speech. At age 35, King won the Nobel Peace Prize. At age 39, King was assassinated. King left a legacy of hope that will never be terminated. The influence of his dream surrounds us today.

Below are some examples of street art involving Martin Luther King, Jr. that readers have sent to me. Feel free to comment with your thoughts on Martin Luther King, Jr. and art inspired by his dream. If you recognize any of the images below please tell me the name of the artist.

Take care, Stay true,

Brian Sherwin
Senior Editor
Myartspace.com
www.myartspace.com
New York Art Exchange
www.nyaxe.com

Art Space Talk: Alan Bamberger

Alan Bamberger is an art consultant, advisor, author, and independent appraiser specializing in research, appraisal, and all business and market aspects of original works of art, artist manuscript materials, art-related documents, and art reference books. He has been selling art since 1979 and rare and scholarly art reference books since 1982, and has been consulting and appraising for artists, galleries, businesses, organizations and collectors since 1985.

Bamberger has appeared live on CNN's Daywatch, KTLA's Making It (Los Angeles), and KRON-TV in San Francisco, and answered art business questions on New York City Cable TV's Project Art Show. He's been quoted in numerous media including the New York Times, The Wall Street Journal, Great Britain's Guardian Unlimited, Marketplace (National Public Radio), the Los Angeles Times, New York Newsday, the San Francisco Chronicle, Esquire, ESPN Magazine, Real Simple, ARTnews, The Arizona Republic and Wired and has been featured in the Chicago Tribune, the San Francisco Examiner, Kiplinger's Personal Finance, Your Money, and other publications.

Bamberger is the founder of ArtBusiness.com-- a website that provides complete art services, art appraisals, art price data, news, articles, and market information to art collectors, artists, and fine arts professionals

Brian Sherwin: Alan, you are an art consultant, author, advisor, and independent appraiser. You specialize in appraisal, research, and the business and marketing aspects of original works of art. You also have extensive knowledge of artist manuscript materials, art-related documents, and art reference books. Can you give us a brief history of your background in this field?

Alan Bamberger: I began in the art business around 1980 selling old paintings and other original works of art. During that time, I would purchase reference books for my library. That gradually evolved into purchasing duplicate reference books and selling them to other dealers and collectors. After a while, I moved almost entirely into selling rare and hard-to-find reference books on the fine and decorative arts.

My education around art comes not only from books and catalogues, but also from artists, art gallery owners, and other fine arts professionals. During this time, I also became a member of the Antiquarian Booksellers Association of America and the International League of Antiquarian Booksellers.

BS: You maintain www.artbusiness.com. Can you give us a brief history of the site? Why did you decide to create it?

AB: My original idea for www.artbusiness.com back in the late 1990s was to use it as an online portfolio of sorts-- to show samples of my writing-- in hopes of getting more writing jobs. Putting the writing samples online was easier than sending them in the mail (how writers used to query publications back in the good old days). Anyway, I realized when viewing my website statistics that quite a few people were finding the site and reading my writings, so I started putting more and more of my articles online. That's pretty much how things started.

BS: You have written about the art business since 1983. How has the art market changed in your opinion since that time? Would you say that it is easier to be successful as an artist today due to the advent of the Internet?

AB: I think the main ways the art business has changed are that knowledge is easier to come by and, more significantly, that artists can expose their work internationally with little or no effort. This is particularly advantageous for artists who do not live in major national or international art centers, but have talent. And some artists manage to get known simply by establishing online presences. This was not possible just a few short years ago.

BS: What advice do you have for artists who strive to gain exposure online? Do you have any marketing tips for artists who are focused on selling art online?

AB: A few quick tips-- price your art, have plenty of contact information, make your art easy to buy (accept credit cards, Paypal, etc), don't show a lot of sold work, show your most recent work, don't show a lot of old work (particularly if your current art is very different). I have several articles for artists online about how to approach internet selling like this one for example-- www.artbusiness.com/webworks.html.

BS: What about art collectors? Do you have any general advice for art collectors concerning buying art online?

AB: Know what you're buying, know who you're buying from, don't buy big name art at online auctions like eBay unless you are an expert in whatever artists you're shopping for, make sure you can return whatever you buy if it turns out to look different than it looked online, read and get informed about what you're buying before you buy-- not after.

BS: Can you point our readers to any specific online articles that they may find of interest concerning these topics?

AB: I have plenty of articles for collectors online here-- www.artbusiness.com/collectors.html. And my book, The Art of Buying Art, covers everything collectors need to know about how to buy art. It's easy to understand and anyone who buys art can benefit from it.

BS: Giving the state of the economy… do you have any general advice for artists, gallerists, and others who are focused on the business of art?

AB: Selling art is more challenging now than it's been in quite some time. It's important for anyone selling art to demonstrate the value of that art-- not necessarily in terms of dollars, but also in terms of meaning, significance, and similar intangibles. People buy art because it enriches, beautifies, and enhances their lives. Be able to show how your art (or art that you're selling) does that. Here's an article that kind of sums it all up-- www.artbusiness.com/osoquunewec.html.

BS: Speaking of the economy, there has been some debate online concerning the potential for brick & mortar galleries embracing the internet for an alternative way of selling art. Many traditional art sellers scoffed at the idea of selling art online during the 1990s. Have you observed a change in opinion concerning this as far as gallerists are concered?

AB: Yes. The large majority of galleries have online presences. In fact, some galleries and dealers sell almost as much and sometimes even more art online than they do out of their physical galleries. An online presence is particularly beneficial to galleries that sell art by artists with national or international followings-- avid collectors scour the market for the art they collect, and the internet is one of the best ways to get a quick overview of who's selling what.

BS: Speaking of the art world in general, do you have any concerns about the art world at this time? For example, there has been a lot of debate concerning the potential of orphan works legislation being passed. What are your thoughts on that issue?

AB: I can understand both sides on this one, but I am for the legislation because of the incredible difficulties entailed in figuring who, if anybody, holds the rights to reproduce so many works of art from all nationalities and all time periods. Of course, the person reproducing these works must do due diligence in this regard before reproducing them. That must be made very clear in any such legislation-- and the penalties should be significant for those who don't.

BS: I understand that you are a member of the Association of Online Appraisers. Can you give our readers some insight into the goal of that organization?

AB: The goal of this or any appraiser organization is to educate, promote uniform standards of appraisal, and to give everyone access to professional appraisers, not only for art, but for all forms of personal property, and not only for purposes of insurance, inheritance, donation, and the like, but also for buying and selling. For example, a gallery might represent a work of art as being a bargain when in fact it is overpriced.

When you don't know that much about what you're buying, it's always a good idea to consult an appraiser first-- for a no-conflict-of-interest second opinion. Likewise, private parties who are considering selling art need professional opinions as to how much it's worth before offering it for sale.

BS: What about other organizations and projects that you are involved with. Would you like mention anything about them?

AB: My main project these days is comprehensively documenting the San Francisco art scene with exhaustive coverage of gallery shows. It not only helps artists and collectors now, but I also intend it to be an archive for the future. This May will mark the sixth anniversary of this project which I began in 2003. Over the years, I have also volunteered my time and knowledge to help several local non-profit organizations.

BS: Where can our readers purchase your books online?

AB: You can read brief chapter summaries of The Art of Buying Art here-- www.artbusiness.com/basynop.html
You can order a signed copy of the book here-- www.artbusiness.com/bookorder.html

BS: Finally, is there anything else you would like to say about your profession? Any closing advice for buying or selling art online?

AB: As someone who knows a lot about art and how the art business operates, I can't stress enough that when you're just starting out as a buyer (or seller), talk to professionals, educate yourself, and get second opinions as required before going ahead with purchases or putting art up for sale in the marketplace. It is simply too easy to make very expensive mistakes when you don't have that much experience.

In closing, I'd like to say that it is my great privilege and pleasure to work with as well as serve artists, dealers, collectors, and creative people everywhere. My main goals in life are to make art more accessible to everyone, and to help everyone-- buyers, sellers, and artists alike-- to do whatever it is that they want to do.... better.

You can learn more about Alan Bamberger by visiting the Artbusiness.com website-- www.artbusiness.com. You can read more of my interviews by visiting the following page-- www.myartspace.com/interviews

Take care, Stay true,

Brian Sherwin
Senior Editor
myartspace.com
www.myartspace.com
New York Art Exchange
www.nyaxe.com

A $500,000 Art Hoax?

Entropa... art, hoax, or both?

David Cerny was commissioned to create an installation for the Czech government with the intention of it being used to mark the governments first turn at being the head of the European Union. The plan for the installation was ambitious-- it was to involve one artist from each country that is represented in the European Union. The Czech Government provided Cerny with just over $500,000 in funding. The money was supposed to cover materials, travel, and living expenses for 27 artists assembled by Cerny.

Cerny and his fellow artists were to create a positive installation that reflected the combined strength of the European Union. Unfortunately, the art installation, titled ‘Entropa’, was created and unveiled to scathing criticism due to the controversial depictions of some of the countries-- some involved mini-urinals while others hinted at negative stereotypes. Cerny and his fellow artists had betrayed the intention of the commission-- they had created a mockery instead of a symbol of solidarity within the European Union. However, there was more going on behind the scene than just slap-stick criticism of the EU.

The controversy forced the Czech government to question David Cerny’s intentions and to examine what exactly had taken place during the creation of the installation. It was at that time that Cerny admitted that his proposal was a hoax. He never contacted 27 emerging artists for involvement in the project. Instead he and his assistants created the sculptures. Cerny came up with 27 white lies-- the scheme involved creating fake names for the participants.

There are many questions that have yet to be answered concerning David Cerny and his hoax-- the main one being, what happened to the money? The Czech government has made it clear that Cerny will bear full responsibility for not fulfilling his assignment and promise. I don’t know where David Cerny is currently located, but I bet he can think of 500,000 reasons (or less if you go by EU currency) not to return to the Czech Republic. Apparently the money has not been returned yet.

David Cerny and his team released the following statement on his website concerning the hoax:

"Europe is unified by its history, culture and, in recent years, also by a jointly created political structure. More orless diverse countries are intertwined by a network of multi-dimensional relationships that, in effect, results in an intricate whole. From within, we tend to focus on the differences between the individual European countries. These differences include thousands of important and unimportant things ranging from geographical situation to gastronomy and everyday habits.

The EU puzzle is both a metaphor and a celebration of this diversity. It comprises the building blocks of the political, economic and cultural relationships with which we 'toy'but which will be passed on to our children. The task of today is to create building blocks with the best possible characteristics.

Self-reflection, critical thinking and the capacity to perceive oneself as well as the outside world with a sense of imny are the hallmarks of European thinking. This art project that originated on the occasion of Czech Presidency of the Council of the European Union attempts to present Europe as a whole from the perspectives of 27artists from the individual EU Member States. Their projects share the playful analysis of national stereotypes as well as original characteristics of the individual cultural identities.

That much is stated in an official booklet of the Czech Ministry of Foreign Affairs. However Entropa is not a real pan-European work by artists-provocateurs, but a mystification. At first glance, it looks like a project to decorate official space, which has degenerated to an unhindered display of national traumas and complexes. Individual states in the European Union puzzle are presented by non-existent artists. They have their names, artificially created identities, and some have their own Web sites. Each of them is the author of a text explaining their motivation to take part in the common project. That all was created by David Cerny, Kristof Kintera and Tomas Pospiszyl, with the help of a large team of colleagues from the Czech Republic and abroad.

The original intention was indeed to ask 27 European artists for participation. But it became apparent that this plan cannot be realised, due to time, production, and financial constraints. The team therefore, without the knowledge of the Ministry of Foreign Affairs, decided to create fictitious artists who would represent various European national and artistic stereotypes. We apologise to Prime Minister Mirek Topolanek, Deputy Prime Minister Alexandr Vondra, Minister Karel Schwarzenberg and their departments that we did not inform them of the true state of affairs and thus misguided them. We did not want them to bear the responsibility for this kind of politically incorrect satire. We knew the truth would come out. But before that we wanted to find out if Europe is able to laugh at itself.

At the beginning stood the question: What do we really know about Europe? We have information about some states, we only know various tourist clichés about others. We know basically nothing about several of them. The art works, by artificially constructed artists from the 27 EU countries, show how difficult and fragmented Europe as a whole can seem from the perspective of the Czech Republic. We do not want to insult anybody, just point at the difficulty of communication without having the ability of being ironic.

Grotesque hyperbole and mystification belongs among the trademarks of Czech culture and creating false identities is one of the strategies of contemporary art. The images of individual parts of Entropa use artistic techniques often characterised by provocation. The piece thus also lampoons the socially activist art that balances on the verge between would-be controversial attacks on national character and undisturbing decoration of an official space. We believe that the environment of Brussels is capable of ironic self-reflection, we believe in the sense of humour of European nations and their representatives."

What are your thoughts concerning this installation and the hoax?

Links of Interest:

Czech sculptor David Cerny admits £350,000 EU art hoax

Czech Sculptor's $500,000 EU Art Uncovered as a Hoax

Take care, Stay true,

Brian Sherwin
Senior Editor
Myartspace.com
www.myartspace.com
New York Art Exchange
www.nyaxe.com

Vietnamese Americans Protest Controversial Exhibit Exploring Communism

’The Duc, Viet Nam’ by Brian Doan

A not so peaceful protest occurred over the controversial F.O.B. II: Art Speaks exhibit at the Vietnamese Arts & Letters Association Center in Santa Ana. The exhibit, which contains works by over 50 artists, offended some members of Vietnamese American community-- many of whom endured great struggle due to Communism in Vietnam.

Those involved with the exhibit have stated that the works on display were not supportive of Communism-- pointing to the fact that several of the images in the exhibit had been banned in Vietnam. However, supporters of the protest claim that the exhibit was ill conceived due to the fact that there are over 158,000 Vietnamese American residents in Orange County-- many of whom escaped communist rule in Vietnam in order to embrace the freedom of living in the United States of America.

A photograph titled ’The Duc, Viet Nam’ by Brian Doan took center stage over the controversy. The controversial photograph by Doan involves a Vietnamese woman with the sitting next to a bust of Ho Chi Minh. The lone woman is wearing a red tank top that bears the yellow star of the Vietnamese flag. The photograph had been defaced-- apparently by protestors-- with a splash of red paint.

Brian Doan was quick to respond to the controversy concerning the meaning of the photograph and the reactions of the Vietnamese American protestors. Doan stated that he his goal was to foster commentary among youths in Vietnam who grew up after the Vietnam War. He now plans to display the controversial photograph as a symbol of his freedom of speech in the United States.

Doan stated that the first generation of the Vietnamese American community needs to accept a diversity of opinions and viewpoints in order to move forward. He stressed the fact that the history surrounding Communism in Vietnam is a shared experience that the second generation of Vietnamese Americans are exploring in their own way. The organizers of the exhibit have displayed strong support for Doan and his controversial photograph by stating that image is a critique of Communism.

Many of the protestors-- which were over 300 strong-- wore military fatigues. Some protestors chanted “Go back to Vietnam!” outside of the exhibit. Others took more direct action by destroying images of the Vietnamese flag. Children stomped on the flag of Vietnam while supportive adults stood near.

Critics of the exhibit have stated that the artists involved with the controversial exhibit were merely seeking publicity rather than fostering dialogue about the historical implications of the Vietnamese American experience. One observer noted that the organizers should have known that factions in the Vietnamese American community would take an aggressive stance against an exhibit involving Communist ideology even if it was intended to be a critique. Others suggested that Vietnamese Arts & Letters Association had stabbed the Vietnamese American community in the back.

Those involved with the protest felt that a similar controversial exhibit would not have taken place near other minority communities. For example, one rights advocate stated that a photograph of a young Jewish person wearing a Nazi symbol standing next to a bust of Hitler would not have been displayed in a heavily populated community of Holocaust survivors. Others have suggested that an exhibit involving the Ku Klux Klan (KKK) would not take place in a predominately black community.

What are your thoughts on this exhibit? Do you think the organizers craved publicity? Do you think their intentions were true? Should artists, curators, and gallery owners be held responsible for damage that occurs due to protests if the work displayed is overly controversial? Should freedom of expression be upheld even if a minority group is hurt in the process? Would the exhibit had been shut down before opening had it involved a different minority in a similar context? What say you?

Links of Interest:
Vietnamese Americans protest art exhibit in Santa Ana -- Los Angeles Times

Nearly 300 Protest Communist Images In Art Show Associated Press-- Los Angeles Times

Take care, Stay true,

Brian Sherwin
Senior Editor
myartspace.com
www.myartspace.com
New York Art Exchange
www.nyaxe.com

The Obama Art Phenomenon: Selling Hope?

The Obama Art Phenomenon: Selling Hope?

Now that the election is over people are starting to discuss the Obama art phenomenon in greater detail. There is a need to examine what occurred, how it occurred, and the implications said info will have in the future. Due to this I'm pleased to know that some fellow art bloggers will be discussing issues concerning the so-called 'Obama art phenomenon.

Sharon Butler, who maintains the Two Coats of Paint art blog, has plans for a “Blogger Conference/Think Tank/Pre-Inauguration Party” at Pocket Utopia this Sunday. The event will be used as a platform to discuss the influence of art during the Bush administration and how it has changed since the rise of Obama-- as well as how the Obama administration will shape the art world based on policy decisions. Paddy Johnson from Art Fag City mentioned that someone needs to address the “Obama portrait phenomenon” that is “currently gripping the art world” and applauded Butler for taking on the task.

My bet is that a core group of art bloggers will stoke the flames of this needed dialogue before the traditional press does. So far all we have had is a constant bombardment of regurgitated information concerning Shepard Fairey, his ’Hope’ portrait of Obama, and the idea that the Obama campaign has inspired a 'grass roots' political art movement. Unfortunately, I will not be able to attend the art blogger think tank-- but I still want to make my concerns known.

So here it goes…

One could say that Barack Obama has many faces-- some in paint, some in clay, some in collage, and many in the sketchbooks of art students throughout the United States. However, the momentum of this politically driven art phenomenon-- which volunteers and others associated with the Obama campaign have stated as being 100% user-generated with no financial ties to the campaign itself -- was ushered in by a constant bombardment from the press concerning specific individuals who were directly and indirectly linked to the inner circle of the Obama campaign and promotional efforts during the election process.
HOPE by Shepard Fairey

Maybe I’m being cynical-- but when art and politics mesh on a grand scale concern is warranted. This concern is solidified when one is aware that key figures in this ‘movement’ are employees and clients of a public relations firm that once served as Media Consultants for the Obama campaign. I'm speaking of the PR firm Evolutionary Media Group. Yet the press has predominately portrayed the Obama art phenomenon as a “grass roots” effort born from within the arts community that occurred without direct support from a firm, corporation, or any specific individual with time and resources invested in the Obama campaign.

The connection between art and Barack Obama played an instrumental role during the election. It was indeed an art phenomenon. My concern is that the momentum of this “art phenomenon” may have been fostered by artificial means-- a playing of the system by individuals with the right (in this case left) press connections, controversial funding, and the know-how of implementing a strategic and stealthy art campaign.

A mural by Kofie'One which was purchased by Yosi Sergant for the Obama campaign headquarters. Sergant is an employee of the PR firm Evolutionary Media Group-- which worked for a six month period as Media Consultants for the Obama campaign.

With a source of funding-- not counting donations-- and inside media support-- guaranteed press acknowledgment-- political opportunists with a specific agenda could have easily accomplished this. In other words, the attention directed toward the ‘Obama art phenomenon’ and specific artists and individuals involved in the ‘movement’ could have been manipulated in such a way as to create false media buzz concerning the ‘grass roots’ visual impact. In other words, individuals and businesses with a vested interest in the Obama campaign could have spurred the grass roots effort artificially by utilizing stealth PR tactics and funding from controversial sources. Thus making the grass roots effort more than what it would have been otherwise. Furthermore, it may not have even existed otherwise.

To put it bluntly, there is reason to suspect that the art phenomenon surrounding Barack Obama was not as “grass roots” as some people might think. It may have been carefully plotted by individuals-- professionalis-- directly associated with the Obama campaign. If that is the case history, and the public, has been fooled. After all, the media is already portraying Obama’s election as a triumph for the power of user-generated art from within the arts community as a purely 'grass roots' movement fueled by artists who did not have direct contact with the Obama campaign.

Discrepancies involving the origin of the ‘Obama art phenomenon’ and the ‘art movement’ that occurred during the election will eventually come to light. The question is, will it matter to the public, specifically those in the arts community, if it turns out that the momentum was established by artificial means-- corporate means? Will it matter if what occurred was more corporate than grass roots?

X Obama by Ron English

If this phenomenon was created and guided by a well-funded PR machine-- with the ever-watchful eye of the Obama campaign observing and directing it-- does it matter? Would it take away from the legitimacy of those outside of the PR machine who were lured into the ‘movement‘ believing it to be a purely grass roots effort-- artists who had intentions other than fostering media hype for themselves... artists who were not interested in establishing the groundwork for a for-profit merchandising empire based on selling hope?

If a scenario like this were to unravel would we see the merit of some of the most influential street artists in the United States questioned? Would the message of their art be tarnished by being associated with the very entities and corruption they speak against? Or would they continue to be hyped as anti-corporation visual revolutionaries? After all, one can be a rebel and still earn a living, right? However, one can’t sustain an authentic dialogue if he or she is subservient to what he or she protests against. What are your thoughts?

Links of Interest:

Art Blogger Think Tank to Address Obama Portrait Phenomenon and More This Sunday -- Art Fag City

Art Blogger Think Tank on January 18 in Brooklyn, NY-- Two Coats of Paint

PAINT MISBEHAVIN' IN TEAM O'S 'STREET ART' -- New York Post

Yosi Sergant and the Art of Change: The Publicist Behind Shepard Fairey's Obama Hope Posters -- LA WEEKLY

Take care, Stay true,

Brian Sherwin

Senior Editor

www.myartspace.com

myartspace announces Winners of 2008 Undergraduate Scholarship Competition‏

MYARTSCHOLARSHIP: Undergraduate Competition Winners 2008

myartspace.com is pleased to announce the top winners of the 2008 Undergraduate Scholarship Competition. Over 1,200 schools were represented between the undergraduate and graduate entries. The myartspace scholarship program arises from commitment to supporting artists develop their skills and careers. For two years myartspace has been a key figure in availing opportunity in the arts on the web and in global events. Graduate winners will be announced soon.

Below are the top-3 winners of the undergraduate competition and the winner of the iPhone. The winning undergraduate students will split $8000 in cash scholarships. To see the 50 finalists, click HERE.

First Place Winner: Sara Susin (Stanford University)
Sara Susin was born in Denver, Colorado. She is currently completing her BA at Stanford University with a major in Studio Art and a minor in Creative Writing. She has been painting at the Art Students League of Denver since 1990. She has taken classes from Heather Delzell, Kevin Weckbach, Kim English, Ron Hicks, Ken Velastro and Quang Ho. In 2004, Sara won the Allied Arts Award. In 2005 she was highlighted in Southwest Art Magazine's annual "21 under 30" feature. Sara has sold paintings to private and corporate collections including the Kaiser Permanente Corporate Collection. Sara plans to pursue a career as an oil painter. To read an interview with Sara, Click HERE.

Back to the Sun, 40" x 48", oil on wood. Sara Susin‘s Winning Gallery

Second Place Winner: Jessica Brown (University of Alaska)
Jessica Brown is completing her BA in Art degree at the University of Alaska Anchorage. Jessica has participate in a number of solo and group exhibits. In her own words "I believe in the off-kilter, the beauty of the asymmetrical, and the balance of opposition. I revel in the surprising, messy and often humorous nature of life. My works are inspired by the question marks surrounding cultural dualities such as mind/body, man/nature, and self/other. Whether with painting, performance, or installations my aim is to stimulate introspective dialogue in my viewer and expand their intrigue of the absurdities of life." To Read an interview with Jessica, click HERE.

Match Book, altered book, ink and matches. Jessica Brown’s Winning Gallery

Third Place Winner: Zach Stein (University of Kentucky)
Zach Stein's installations, monotypes, and paintings tend to be experimental in nature. This is achieved by the fact that Zach utilizes a variety of mediums in an intuitive manner-- everything from hot glue to rum. He is an artist who is not afraid to test the limits of his materials. Zach is currently a student at the University of Kentucky. Zach is currently and undergraduate student in art education/studio at University of Kentucky. To read an interview with Zach, click HERE

faulter, 60x60, acrylic on plastic bags. Zach Stein’s Winning Gallery

Catherine McCormack-Skiba, the founder myartspace and CEO noted "The student body within myartspace is significant in size and importance. We devised a scholarship program for both our graduate and undergraduate students to compete for consideration and win a meaningful cash scholarship. We hope to expand this program each year."

Catherine McCormack-Skiba went on to say, “We had entries to the scholarship program from students at over 1,200 colleges and universities. The unbridled spirit and creativity from this group is quite impressive. While the top winners receive their recognition and award money, virtually all the submissions were of top-notch quality. We applaud the young contemporary artists in school today. Their contribution to the fine art world will be felt for decades to come. We are so excited from this first scholarship program we will be launching our 2009 scholarship program later this year and hope to see more than double the participation. Myartspace remains focused on improving the lives and careers of its community members.”

About myartspace:

myartspace, the premier online venue for contemporary art, is one of the fastest growing and diverse communities on the internet. Its members include more than 50,000 artists, collectors, galleries and other art world professionals from across the globe, and it currently hosts the work of nearly 30,000 artists. Membership is free and artist can upload an unlimited amount of work including images, music and video. Myartspace is created and run by CatMacArt Corporation. www.catmacart.com.

Art Space Talk: Martin Trailer (Concerning Orphan Works Legislation)

On the Myartspace Blog I have explored different viewpoints concerning orphan works legislation. Alex Curtis, the Director of Policy and New Media for Public Knowledge, expressed his support for orphan works legislation in an interview I conducted with him in August of 2008. Brad Holland , co-founder of the Illustrators Partnership of America (IPA) responded to the views of Alex Curtis and Public Knowledge on the Myartspace Blog after I contacted him expressing concern for the current legislation and the possibility of further legislative action concerning orphan works.

I think it is very important to explore the issues surrounding orphan works legislation. Thus, I contacted Martin Trailer. Trailer is a past President of Advertising Photographers of America (APA)-- another organization that has fought against different forms of orphan works legislation. In this interview Trailer gives some insight into the history of these controversial bills and the politics surrounding them.

Advertising Photographers of America has existed for nearly three decades. Since 1982, APA has worked to improve the environment for advertising photographers and clear the pathways for professional success. Promoting a spirit of mutual cooperation, sharing, and support, APA offers outstanding benefits and educational programs, while providing essential tools and resources to help members excel in business and achieve their creative goals. Recognized for its broad industry reach, APA works to champion your rights and those of your fellow professional photographers and image makers worldwide.

Brian Sherwin: Martin, you are the former President of Advertising Photographers of America (APA) and have been a strong advocate against Orphan Works legislation. At what point did you decide to take on this legislation and how are you continuing the fight now?

Martin Trailer: In 2005 APA and roughly 22 other visual arts groups formed the Imagery Alliance to oppose Orphan Works legislation at that time. The 2005 version died in committee.

In March 2008, 2 new versions of Orphan Works legislation came out, House and Senate versions. There were some differences, the Senate bill was much more onerous, but neither was good for working visual artists/photographers in APA's opinion. APA was invited to a briefing regarding the 2008 Orphan Works bills. We had only a couple of days notice and I decided with our Executive Director, Constance Evans APA should go to Washington for the briefing, if just to be fully informed on behalf of our membership. What was laid out in the briefing solidified our opposition to the 2008 versions of the Orphan Works bills.

BS: Can you briefly explain your main concerns about the potential bill in its current form? Perhaps you can describe how the current bill will change the definition of orphan works if passed… as well as how it will take away from many of the rights that photographers, visual artists, and others have at this time?

MT: We believed that there is a need for an Orphan Works bill, but what was being proposed was extremely broad, and potentially threatening to working artists, photographers included.

Depending on which bill House or Senate, both took rights away (it fundamentally changes copyright law) if you as the author could not be located and in the House bill one of the proposed requirements was in addition to registering your work at the copyright office, you now need for protection to add your images to one or two or more registries to be created. Depending on the number of images you have, especially when considering film, it could take years and hundreds of thousands of dollar to add your images to a (several) data base(s) so the potential user could find you. One issue was there is no limit to the number of these data bases, only that the House version required that the Copyright office endorse two of them.

The user "could" search a data base you have not added your material into, that may or may not be then considered the "due diligence" in searching for author. However, if you purse the infringement, you would do so using a lawyer in court, if you win, and prove they did not do the "due diligence" you can then sue for damages, if they prove they did what was required by the law, an undefined "due diligence" search all you can do is get the infringer to remove your image and you pay the legal bills. How much is anybody's guess.

BS: If passed do you think the Orphan Works Act of 2008 will drastically reduce the level of online activity concerning creative individuals using the internet as a platform for gaining exposure? In other words, do you think that artists will think twice before uploading their work online for feedback and for promotional purposes? In that sense, would you say that if passed it will cause the creative community to stagnate?

MT: First, the Orphan Works 2008 will most likely not be passed since we are now into 2009 and the bills will need to be re-introduced and/or re-written somewhat.
Thinking about this, yes, it might give artists pause to upload their work, and that is one of the dangers, decreasing new work as the 2008 bill(s) are written.

BS: Orphan works legislation has support from both dominate aisles of the United States political arena, correct? The bill has been supported by both Democrats and Republicans. Have any politicians opposed it so far that you are aware of?

MT: There are some odd bed fellows backing the 2008 Orphan Works bills. Some to my knowledge have quietly shown "concern". I honestly do not recall anyone coming out against the bill, but I have been told, and this is background, soon to be irrelevant, the Bush Administration would have vetoed the bill if it had made it to the Presidents desk.

BS: Does it concern you that President elect Barack Obama has not made an official stance for or against Orphan Works legislation? I know from the research that I’ve conducted that artists have been asking for him to make a statement since early 2007. The irony of this situation is the fact that the arts community, by in large, helped Obama into office and many have suggested that Obama will be the champion of arts and culture in the United States. Needless to say, there has been some criticism involving Obama concerning his his lack of response concerning Orphan Works legislation-- especially since he utilized the aid of artist Shepard Fairey who has infringed on the copyright of Rene Mederos and other artists in past. Thus, it would seem that Obama is inadvertently sending mixed messages about artist rights and copyright protection based on some of his campaign choices. Do you have any thoughts on that?

MT: President Elect Obama is very aware of Orphan Works and has a staff member (as a Senator) that is very knowledgeable having worked on one of the committees. Which way he will lean is something we will have to wait to see. There are serious players behind the bills, so it really will depend on the pressures.

BS: What is the best way for individuals to make their concerns known? Where should letters of concern be sent? Do you have any suggestions or helpful links for artists or other interested individuals who desire to help make sure that our rights are protected?

MT: The best thing we as individuals can do is stay aware, and when a call for letter writing or emails is called for, do so as quickly as you can. APA had in some cases less than a day to get the word out to the community to write their Senators and Representatives.

The Illustrators Partnership, Brad Holland and Cynthia Turner have really been instrumental vocalizing the art communities concerns publicly and privately. Constance Evans, past Executive Director of APA, doing the diligence that really made the difference getting the committee members to realize that the majority of the artist community were NOT behind these bills was instrumental.

BS: Pointblank-- do you think this legislation can be stopped or at least altered in a way that it will benefit professionals in the arts community rather than trample on their rights? In your opinion, will it be an uphill battle until the end?

MT: Yes, if we as a community continue to stay informed. There are some new proposals being written that will address the real Orphan Works issue that needs to be addressed without being so encompassing threatening the working artists ability to earn a living and protect their intellectual property.

I am an optimist and think that if we all stay aware, keeping the pressure on when called for, an Orphan Works bill can be passed that will benefit society, maintaining the incentive for artists/photographers to continue to make art/images and control their property, that way everyone benefits.

Links of Interest:

Advertising Photographers of America (APA) website -- www.apanational.com

Public Knowledge -- www.publicknowledge.org

Illustrators Partnership of America (IPA) -- www.illustratorspartnership.org

IPA blog -- www.ipaorphanworks.blogspot.com

Stock Artists Alliance (SAA) blog www.orphanworks.blogspot.com

Orphan Works Opposition Headquarters -- www.owoh.org

OrphanWorks.net -- www.orphanworks.net

Orphan Works News -- www.orphanworksnews.com

Artists Rights Society (ARS) -- www.arsny.com

You can learn more about Martin Trailer by visiting his website-- www.martintrailer.com

Take care, Stay true,

Brian Sherwin
Senior Editor
myartspace -- www.myartspace.com
New York Art Exchange (NYAXE) -- www.nyaxe.com

Art Space Talk: Zach Stein

Zach Stein is the third place winner of the 2008 Undergraduate Scholarship Competition provided by myartspace.com. Zach will receive a $1,000 cash scholarship from myartspace. The myartspace Art Scholarship program began in July 2008 and entries were due by December 15, 2008. $16,000 of cash scholarships are awarded to the top 3 winners in the undergraduate category and the graduate category. Entry to the competition is free as is membership to myartspace.

Zach Stein's installations, monotypes, and paintings tend to be experimental in nature. This is achieved by the fact that Zach utilizes a variety of mediums in an intuitive manner-- everything from hot glue to rum. He is an artist who is not afraid to test the limits of his materials. Zach is currently a student at the University of Kentucky.

Catherine McCormack-Skiba, the founder of myartspace and CEO noted, “We had entries to the scholarship program from students at over 1,200 colleges and universities. The unbridled spirit and creativity from this group is quite impressive. While the top winners receive their recognition and award money, virtually all the submissions were of top-notch quality. We applaud the young contemporary artists in school today. Their contribution to the fine art world will be felt for decades to come. We are so excited from this first scholarship program we will be launching our 2009 scholarship program later this year and hope to see more than double the participation. Myartspace remains focused on improving the lives and careers of its community members.”

For more information about the myartspace Art Scholarship program and 2008 winners visit, www.myartspace.com/scholarships/winners

Spore, 64x64, acrylic on plastic bags

Brian Sherwin: Zach, you are one of three winners of the undergraduate art scholarship competition provided by the artist social network myartspace.com. As you know the scholarship is intended for students who exhibit exceptional artistic excellence in their chosen medium and is to be used in order to further education in art. Can you describe how you felt entering the competition and your reaction to finding out that you had won?

Zach Stein: I just wanted an iPhone… But, seriously, I don’t see how an art student can pass up an opportunity like this. You don’t have to pay to join Myartspace. I don’t recall having to pay to join the competition (if so it wasn’t much). You don’t have to get your work to a location. You just take a picture and put it online. It’s a bit of a no-brainer.

I tried to tell everyone at school this is an excellent opportunity to at least get people to look at your work. Even though UK is in the middle of nowhere as far as the art world is concerned, I feel we do have a great deal of talent at our school and this is one of the best venues I can see that allows us to get our work to a larger audience. While not many people acted on this opportunity, I know some have already opened accounts since finding out I won. I’m trying not to say, “I told you so.”

As for winning, it kind of caught me by surprise. Of course, I had been keeping an eye out for the winners, the dead line had passed and I was anxious to see who beat me out so I could seek them down and destroy them artistically. I do have a bit of a competitive streak; anything that inspires creativity can’t be too bad.

So, here I am sitting at home one night getting ready to go to bed early because I start student teaching early the next morning when my phone rings and on the other end is Catherine McCormack-Skiba! It was a total shock. Not just the winning, but talking to Catherine really made me realize that you guys have a pretty cool thing going here. It felt really good. Of, course it killed my chances of getting to sleep early but I survived my first day without killing any of my students.

faulter, 60x60, acrylic on plastic bags

BS: Can you tell us about your academic background in art? I understand that you are currently studying at the University of Kentucky. Do you have any influential instructors or fellow students that you would like to mention?

ZS: I have already talked about the school in my previous interview and even though I may piss on it from time, it really is a great environment for exploring creativity.

I have to give credit to my studio mate Donald Keefe. He is an incredibly talented painter who has been showing me up in local competitions. We do a pretty good job at keeping each other in the studio and working. He’s also one of those people who have opened an account since I won, so check him out.

I also have to thank the head of our fibers department Arturo Sandoval. He has been a great friend and mentor throughout my education and I hope that I can be even half the teacher that he is. Even if he is an old hippy.
Untitled (large monotype), 30 x 36, monotype

BS: Can you go into further detail about your art? Tell us about the thoughts behind your art…

ZS: No thought. Just art.

Making art to me is like waking up on Christmas morning as a kid. I can’t wait to see what I get out of a piece. Of course, I get inspiration from various places, but I find if I try to create work for a specific concept or idea it seems to fall short.

I am not interested in finding any answers, but I do enjoy creating new questions. I want the viewer to feel like I do after watching a good Terry Gullium film. That feeling of having no idea what you just saw but knowing there is a much deeper layer to be found. Of course, when someone tells you what it’s about, the magic dies. Then the only thrill you can get out of it is ruining the magic for others.

Ignorance is bliss. Not because one is blind to the truth, but because it leaves one open to the infinite possibilities. Answers are the bane of creativity. If my work is concrete in being about something than that restricts the way one sees it. While I do title my work, it is more out of a selfish desire to make the viewer more interested in me, to want to see things from my point of view. I strongly encourage the viewer to ignore my titles, create your own. Let the historians figure me out so they can ruin the magic for all of us.

Untitled (medium monotype) one of about 30 monotypes, usually displayed as collage, 24 x 18 ; monotype

BS: Can you discuss some of the methods or techniques that you utilize?

ZS: I enjoy exploration, my statement on my BFA application was actually the opening monolog from Star Trek, but I don’t really think anyone was paying attention. I like to let a material or process inspire me, and then I exploit it however I can. My monotypes have three elements and I am constantly changing my mind as to which is more interesting at the moment. I am also working with fusing plastic grocery bags together. It creates a great texture that I love using and I am still exploring ways to use it.

My favorite material has to be gel medium. I can use a gallon a day and still need more. It can be used as glue, gloss, sealer, paint, or just about anything it seems

there is no spoon, variable (pvc=8x8x8), wire, pvc, hot glue

BS: What about other influences? Are you influenced by any specific artist or art movements?

ZS: I enjoy everything. Dada and Abstract Expressionism are among my favorite movements but there are things about most movements that I like. The last book I got is on Mel Bochner. I know that you might gather from my prior rant against concept that I wouldn’t like conceptual art, but his work makes me laugh and if something makes me laugh it can’t be too bad.

I also recently saw a James Turrell installation at the Indianapolis Art Museum that totally blew my mind. I don’t think I have seen much that can get that kind of reaction out of me. I’m really quite jealous. Turrell is now on my hit list.
Untitled (medium monotype) one of about 30 monotypes, usually displayed as collage. 24 x 18; monotype

BS: Can you discuss the art that you decided to enter into the competition. In your opinion, why do those specific works reflect your growth as an artist?

ZS: Really, it’s just a bit of everything that I have done in the past year. My pet has got to be the Ledger. It is a monster that started so simple and innocent and ended up devouring a good three or four months of my time. I found a shelf that was meant to display special order catalogs and decided to make a book out of it. I started by making the monotypes with some spare printer paper laying around so I figured I could make 3000 prints for a low material cost. I then began to realize I was enjoying the different effects and textures that different types of paper were getting so I began to troll the resume paper aisle of Staples for different paper.

After making the 3000 prints, putting them in sheet protectors, and methodically shuffling them a number of times I finally got them all organized and the end was in sight, until I decided that it would be a good idea to number them. It took me about a month after that to print out the numbers on a label maker and get them all labeled. The funny thing is I would do it again if I find another display.

This piece has now become a sort of holy text for my work. The numbering of the pages is totally random. For my purposes it is so I can make a record of my own titles for each page, but I like the idea that the number can also affect the way that the viewer sees an image. They may recognize a lucky number, a date, or a time that has some significance to them. I would be very interested in having a numerologist or mathematician look through it and attempt to read it.

BS: In your opinion, how is the internet changing the landscape of the art world, so to speak. Obviously artists today have more opportunities than they had before the advent of the World Wide Web. What your thoughts on this?

ZS: While the art centers still reign supreme over the art world and trends in art. Ten years ago, someone in Lexington would have little idea as to what is going on in the art world. The Internet is like Paris in the early 1900’s and New York after WWII all rolled into one. Yes, living in the centers still have their advantages, but we are still far better off than those Kentucky artists, who tried to paint Impressionist paintings by word of mouth, twenty years later.

monotype installation view of past installation including small and medium monotypes. About 20 x 8; monotype/mixed

BS: What are your future plans as far as your art is concerned?
ZS: Keep making it. I would like to get to grad school as soon as possible because there is a fear of what teaching in public schools may do to my work, but I’m not a very good starving artist so a steady income is a necessity. My goal is to make it through grad school and teach in a college environment. While I intend on doing everything in my power to make this happen, success in the art market would make it easier. My family has made a lot of sacrifices to help me pursue my dreams and I owe it to them to ease their burdens a bit.

BS: Finally, is there anything else you would like to say about your art?

ZS: Enjoy it. And Thanks to everyone at Myartspace for this opportunity.

Zach Stein is a member of the myartspace.com community-- www.myartspace.com/zachstein.

Take care, Stay true,

Brian Sherwin

Senior Editor

myartspace

www.myartspace.com

New York Art Exchange (NYAXE)

www.nyaxe.com

Art Space Talk: Jessica Brown

Jessica Brown is the second place winner of the 2008 Undergraduate Scholarship Competition provided by myartspace.com. Jessica will receive a $2,000 cash scholarship from myartspace. The myartspace Art Scholarship program began in July 2008 and entries were due by December 15, 2008. $16,000 of cash scholarships are awarded to the top 3 winners in the undergraduate category and the graduate category. Entry to the competition is free as is membership to myartspace.

Jessica has stated the following about her art, “I believe in the off-kilter, the beauty of the asymmetrical, and the balance of opposition. I revel in the surprising, messy and often humorous nature of life. My works are inspired by the question marks surrounding cultural dualities such as mind/body, man/nature, and self/other. Whether with painting, performance, or installations my aim is to stimulate introspective dialogue in my viewer and expand their intrigue of the absurdities of life.”

Catherine McCormack-Skiba, the founder of myartspace and CEO noted, “We had entries to the scholarship program from students at over 1,200 colleges and universities. The unbridled spirit and creativity from this group is quite impressive. While the top winners receive their recognition and award money, virtually all the submissions were of top-notch quality. We applaud the young contemporary artists in school today. Their contribution to the fine art world will be felt for decades to come. We are so excited from this first scholarship program we will be launching our 2009 scholarship program later this year and hope to see more than double the participation. Myartspace remains focused on improving the lives and careers of its community members.”

For more information about the myartspace Art Scholarship program and 2008 winners visit, www.myartspace.com/scholarships/winners

Reprise, Collaboration with Jsun. Acrylic paint spray paint, Carharts and collage on glass.

Brian Sherwin: Jessica, you are one of three winners of the undergraduate art scholarship competition provided by the artist social network myartspace.com. As you know the scholarship is intended for students who exhibit exceptional artistic excellence in their chosen medium and is to be used in order to further education in art. Can you describe how you felt entering the competition and your reaction to finding out that you had won?

Jessica Brown: This was a great opportunity for someone living in a pretty secluded place, such as Alaska, to get my art out there. I am a little shocked that I won a place in the competition because I know how many talented artists entered. Just by participating I feel more connected to the outside, let alone winning!

Controlling Giants by Jessica Brown

BS: Can you tell us about your academic background in art. I understand that you are currently studying at the University of Alaska Anchorage. Do you have any influential instructors or fellow students that you would like to mention?

JB: I am almost finished with my BA in Art from the University of Alaska Anchorage, which about sums up my academic background in art. UAA is pretty small and often lacking in equipment and staff for the arts, so my schooling has been mostly a "do-it-yourself" education. This has become more of a blessing than a hindrance to me when I think about it now though because I have been able to figure things out on my own, and come up with innovated ways to get things to work.

I'd say the most important aspect of my academic education are my peers. I am extremely lucky to have access to other innovated talented artists at UAA who are just as dedicated to making things work as I am. Jsun Parizo, Ruby Kennel, Craig Updegrove, and Alisha Silverstein are just four of the many extremely motivated and talented artists that I have been lucky enough to collaborate with on multiple occasions.

Another great thing about growing up in a place where art is less than adequately funded is that I have had the opportunity as an undergraduate to organize shows and performances at some really great galleries like the MTS Gallery and Out North. If you are doing something different, or something at all, people will notice in a place like Anchorage, which has given me, and others like myself, a great opportunity to experiment and learn.

BS: Concerning your art you have stated the following, "I believe in the off-kilter, the beauty of the asymmetrical, and the balance of opposition. I revel in the surprising, messy and often humorous nature of life.". Can you go into further detail about that? Tell us more about the thoughts behind your art…

JB: I think that life is grand and fantastical and messy and confusing all at once. Most of the time I feel like I am going with the flow, but sometimes I feel like a manifestor. Leaving a little bit up to chance and showcasing the natural oddities that I find feels natural to me. For example, we can put a road over the frozen tundra up here, but inevitably in a year or so the frost heaves will flex the asphalt to extremes and cause it to crack. Life is messy but somehow balanced and predictable. I look at my art this way as well, I am inspired by contradictions and absurdities and try to display them the best I can.

Controlling Giants #2 by Jessica Brown

BS: Can you discuss some of the methods or techniques that you utilize?

JB: My process is an involuntary cerebral one. My work is inspired by everyday questions that I run into. The way my brain works is to push these everyday questions into categories under larger questions. For example, some of my work is about animal cruelty, which I place under the duality of human and other; we can rationalize harming things other than us. Then I get thinking about that larger idea and stretch it over other circumstances where I think it fits. This process usually gets me started on a body of work, but as I am dedicated to being open to chance and happy accidents as well during its execution.

I start off my paintings by taking a trip to the junkyard and getting old windows, doors, wood, and other pieces of junk. I get the surfaces and the pieces for everything ahead of time and kind of sit around them in the studio while I work until their place makes sense. I use mostly oil paint, beeswax and collage in my paintings. I love texture and build up the surfaces of my paintings for a while before adding images on top of them.
BS: What about influences? Are you influenced by any specific artist or art movements?

JB: I am inspired greatly by Bacon, Rauschenberg, Jenny Saville, Andre Breton, and the list goes on. My heart is really drawn to outside artists and folk artists like Adolf Wolfli and Dr. Evermore who have created worlds with their art.
Match Book, altered book, ink and matches

BS: Can you discuss the art you decided to enter into the competition. In your opinion, why do those specific works reflect your growth as an artist?

JB: Those works are all successes to me. When I look at a piece and either have no questions, or very few, and it relays the message I intended, then it is successful. I think that my scholarship portfolio is a good representation of my entire body of paintings.

BS: In your opinion, how is the internet changing the landscape of the art world, so to speak. Obviously artists today have more opportunities than they had before the advent of the World Wide Web. What your thoughts on this?

JB: I am not sure about the continental US but I know that living in Alaska, the Web has expanded my artistic landscape as far as the breadth of contacts that I can make. I embrace online networking like MyArtSpace with open arms! I think that it is a great grassroots effort in getting artists motivated to rub virtual elbows with other talented artists that may be across the world. Very exciting.

Perfect Match, oil pastels, oil paint and spray paint on canvas

BS: What are your future plans as far as your art is concerned?
JB: Only two weeks ago I would have said that I would be going directly to graduate school to further my education, and decide my next step from there. In two weeks a lot can happen…now I am the co-owner of the restaurant that I have been working at for the past two years. My plans are now more rooted in Alaska, pushing my graduate school studies to more of a 5-year goal. So until then I will be making and participating in art every chance I get. I am currently working on a new body of work that is a little more sculpturally oriented than I have done before.

BS: Finally, is there anything else you would like to say about your art?

JB: I would just like to say that I am thrilled to have my hard work recognized! Thank you for the wonderful competition.

You can learn more about Jessica Brown by visiting her website-- www.jessiebrownart.com. Jessica Brown is a member of the myartspace.com community-- www.myartspace.com/JessicaBrown

Take care, Stay true,

Brian Sherwin
Senior Editor
myartspace
www.myartspace.com
New York Art Exchange (NYAXE)
www.nyaxe.com

Art Space Talk: Sara Sisun

Sara Sisun, an emerging artist from Denver, Colorado, has won first place in the 2008 Undergraduate Scholarship Competition provided by myartspace.com. Sara will receive a $5,000 cash scholarship from myartspace. The myartspace Art Scholarship program began in July 2008 and entries were due by December 15, 2008. $16,000 of cash scholarships are awarded to the top 3 winners in the undergraduate category and the graduate category. Entry to the competition is free as is membership to myartspace.

Sara Sisun is currently pursuing a BA at Stanford University with a major in Studio Art and a minor in Creative Writing. Sara has been painting and drawing at the Art Students League of Denver since 1990. She has taken classes from Heather Delzell, Kevin Weckbach, Kim English, Ron Hicks, Ken Velastro and Quang Ho. Her paintings can be found in private and corporate collections including the Kaiser Permanente Corporate Collection.

Catherine McCormack-Skiba, the founder of myartspace and CEO noted, “We had entries to the scholarship program from students at over 1,200 colleges and universities. The unbridled spirit and creativity from this group is quite impressive. While the top winners receive their recognition and award money, virtually all the submissions were of top-notch quality. We applaud the young contemporary artists in school today. Their contribution to the fine art world will be felt for decades to come. We are so excited from this first scholarship program we will be launching our 2009 scholarship program later this year and hope to see more than double the participation. Myartspace remains focused on improving the lives and careers of its community members.”

For more information about the myartspace Art Scholarship program and 2008 winners visit, www.myartspace.com/scholarships/winners

Convulsion, 36" x 48"; oil on canvas. By Sara Sisun

Brian Sherwin: Sara, you are one of three winners of the undergraduate art scholarship competition provided by the artist social network myartspace.com. As you know the scholarship is intended for students who exhibit exceptional artistic excellence in their chosen medium and is to be used in order to further education in art. Can you describe how you felt entering the competition and your reaction to finding out that you had won?

Sara Sisun: I’ve been applying to graduate schools, so I was already uploading art to websites like “slideroom” for online portfolios. I was just checking out the myartspace site and saw the advertisement for the competition; I had my portfolio documented and available so I figured it would be easy to fill out one more application. I was completely shocked to hear that I had won; I thought the winners had already been announced. I’m nervous to hear back from graduate programs, so receiving such encouragement is really great.

The Dress Eater, 36" x 48", oil on wood. By Sara Sisun

BS: Can you tell us about your academic background in art. I understand that you are currently studying at Stanford University. Do you have any influential instructors or fellow students that you would like to mention?

SS: Stanford has a very unique program. I’ve been able to work with all kinds of mediums while still doing independent work painting. I’ve enjoyed that the emphasis isn’t on technique but on the collage of ideas and visual exploration. There are a lot of interesting classes on the cross over between art and science. I’ve also been able to take classes outside the art program, everything from Darwin to computer science.

I’m minoring in Creative Writing; I had the opportunity to collaborate with twelve other students on a graphic novel. Having the MFA students as TAs has also been great. They are a perspective from someone at a different point in their career. David Hannah and Enrique Chagoya have been two of my favorite professors to work with in the art department.

Back to the Sun, 40" x 48", oil on wood. By Sara Sisun

BS: Sara, I understand that since age six you have studied at the Art Students League of Denver under the instruction of Quang Ho, Ron Hicks, and Kevin Weckbach. Can you discuss that experience? How have each of these instructors influenced you?

SS: The Art Students League provided me with fantastic instruction in more traditional painting. I learned how to use shape, color, line, value, form, texture and pattern to create dynamic realism or abstraction. Studying with Kevin Weckbach in particular showed me that art is a real career, and that it’s something you can dedicate your life to, that can grow and change as you do.

Leaving the Art Students League (for college) was difficult, but I took the skills I learned there with me and I have been able to question their usefulness. I had to leave to see that I don’t want my paintings to be only about technique: hopefully there’s something about the human experience that transcends that. I’ve been forced to question what I learned, which is great. Any “rules” in art should always be questioned. Instead of following a checklist to create compositional “harmony” I’ve tried to explore inevitability.

Self Portrait as Silence and Noise, 42" x 52", oil on wood. By Sara Sisun

BS: Can you go into further detail about your art? Tell us about the thoughts behind your art…

SS: This is a difficult question to answer. I try to paint figures that exist in liminal psychological spaces: between pleasure and pain, humor and violence, sanity and insanity. As an artist, I’m always trying to activate the space between the viewer and the work, hopefully to deepen the mystery rather than solve it. For me, painting is about more than rendering and about more than describing what I see. Art is the best way I have of figuring out what the world is trying to show me.

BS: Can you discuss some of the methods or techniques that you utilize?

SS: I’ve always been an oil painter. Lately, I’ve been painting on wood because I like the firm surface and the luminosity of the wood underneath the oil. I use photographs for reference. I manipulate them in Photoshop before printing a hard copy to work from. I often go back into Photoshop after starting a piece and alter the image depending on the direction the painting is naturally going.

I get my references from photos I take, from the internet, from newspapers, movies, magazines, and old snapshots. I can’t really say what draws me to an image. I like distortions, dramatic lighting, and a feeling of the uncanny or a dream.

Blue Nude, 11" x 14", oil on canvas. By Sara Sisun

BS: What about other influences? Are you influenced by any specific artist or art movements?

SS: I love a lot of the work by the Young British Artists. Particularly Jenny Saville and Cecily Brown, whose influence is pretty obvious in my work. I’m also a huge fan of Francis Bacon, Lucian Freud, Willem de Kooning, Jim Dine, Kara Walker, Martin Creed, Raymond Pettibon, Cai Guo Qiang and Yan Pei Ming.

BS: Can you discuss the art that you decided to enter into the competition. In your opinion, why do those specific works reflect your growth as an artist?

SS: The work I entered into the competition is excerpts from several series I’ve done during collage. For a while I was painting dancers, and then I was painting my face in the photocopier. Next came some paintings with rocks in my mouth. Finally, I’ve been working on a project of paintings of my friends and family with paint on them. I’m trying to make the paintings look like they are being painted, creating the subject as we look at them (yeah, it’s a bit meta).

I also like the idea of having this record of all the people I know at this point in time, because it’s so transitory and I’ll be graduating soon. So I think the work I’ve entered represents the path my art has taken through my college career. All of it is somehow expressive. Some of it is sentimental. And hopefully all of it will lead to more ideas in one way or another.

Two Dreams, mixed media. By Sara Sisun

BS: In your opinion, how is the internet changing the landscape of the art world, so to speak. Obviously artists today have more opportunities than they had before the advent of the World Wide Web. What your thoughts on this?

SS: I think the internet has created fantastic opportunities to connect artists with one another. It’s now possible to receive funding, critique art, even sell art online. It’s also like having a constant pool of images to draw from, almost completely without context. It’s like the ultimate collage. What I’m not sure about is how the internet is going to influence the art we make. It’s sort of like how the camera so dramatically changed the purpose of painting. Is the internet joining us, or fragmenting us? The purpose of art is to communicate… I’m curious about what art will look like in a world of hyper-communication.

Help, I'm Stuck in the Photocopier No. 3, 40" x 48", oil on wood. By Sara Sisun

BS: What are your future plans as far as your art is concerned?
SS: To keep painting! I would like to go to graduate school, if not next year than the year after that. Wherever I am, I really can’t stop making art, and I can’t wait to see where it takes me.

BS: Finally, is there anything else you would like to say about your art?

SS: Not really. Just that I’m trying to be honest about the whole thing; to trust that the work will happen as it is supposed to. The paintings, like Bacon said, become living things.

You can learn more about Sara Sisun by visiting her website-- www.sarasisun.com. Sara is a member of the myartspace.com community-- www.myartspace.com/sarasisun. For more information about the myartspace Art Scholarship program and 2008 winners visit, www.myartspace.com/scholarships/winners

Take care, Stay true,

Brian Sherwin

Senior Editor

www.myartspace.com

Art Prices Drop. Galleries Close Doors. Auction House Cuts Jobs.

You don’t need to be an economist to realize that the financial skies will not be clear anytime soon. Could it be that the worst is yet to come? The auction house Christie’s International thinks so. Their plan of action? Simple. The notable auction house is in the process of making staff reductions as a result of poor auction performance in recent months. Staff reductions at a major auction house is just another sign of the chaotic times we are in as far as the economy is concerned.

The dire state of the economy has forced many artists to step outside the unwritten rules of the art market. Even established artists, such as Damien Hirst , have lowered prices drastically while embracing alternative marketing plans that go against the traditional schematics of the art market. Art dealers have suffered as well.

Many gallery doors have closed since the fall of the economy. I’ve been told that some art dealers and their staff have placed bets on which gallery will close next-- all the while fearing that they may be next. There seems to be no end to the concern that art professionals from all levels of the art world have due to the financial crisis.

The fact that Christie’s is showing signs of struggle makes it very clear that the decade-long art market boom has officially ended. Now is the time for artists, art dealers, and even auction houses to rethink the ways in which they sustain themselves during turbulent times. Indeed, the protective bubble surrounding the art market has popped .

The official statement from Christie’s to the press:
“Effective January 12, 2009, we have begun a company-wide reorganization review, which includes the possibility of significant staff reductions, not renewing many consultants’ contracts and the continuation of other cost reduction initiatives, that will ensure we remain competitive and profitable in 2009. Any staff reductions that might be necessary will be implemented globally in accordance with local regulations and in as considered and timely a manner as is possible.”

Links of Interest:

Christie’s Begins Massive Layoffs -- Art Fag City

Christie’s Cuts Costs as Art Market Slows -- New York Times

Christie's announces 'significant' job cuts -- International Herald Tribune

Christie’s to Cut Jobs as Crisis Cuts Auction Sales -- Bloomberg

Take care, Stay true,

Brian Sherwin
Senior Editor
myartspace.com
www.myartspace.com
New York Art Exchange
www.nyaxe.com

Art Space Talk: Tyson Crosbie

Tyson Crosbie is an artist based in Phoenix, Arizona. Crosbie’s photographs are straight photographs of found objects that are often composed of urban decay. He does not utilize manipulation or cropping with these images. Crosbie considers the camera only as a tool, a black box with a hole on one side. Lens and shutter, film or digital do not matter-- Tyson is focused on what he can create with the tools at hand.

Phoenix 20 # 19 by Tyson Crosbie

Brian Sherwin: Tyson, my understanding is that you have pursued photography for over a decade. Can you give a brief history of your practice. For example, what inspired you to step behind the camera, so to speak?

Tyson Crosbie: My introduction to photography is one I consider backwards. It started in my High School darkroom developing prints for the year book. Never used the camera and quickly forgot about my experience.

I was a sophomore in the College of Engineering at Utah State University as a Mechanical Engineering student when I reintroduced myself to photography. My engineering career choice happened through a natural aptitude for spacial relations and mathematics. After two years in the program I started to realize that most engineering students do not aspire to create, just fix other peoples problems with math. Their main motivation and satisfaction is finding an answer. Beyond that the reality was that I did not want to call most of my classmates colleagues, they bored me in their khaki pants and plaid shirts. It was more than the conservative atmosphere of going to school in Utah. It tied to a deeper cultural rift, I was a dreamer and they seemed a mass of pragmatism that wore on me day after day.

I took the intro to photography as an elective course, probably just to fill a gap in my schedule. From the first moments of that class I knew I'd become a photographer. It just all made sense, all the contradictions I'd been struggling with in the Engineering program came together in photography. From the mechanics and the science of the process to the intuition and the ability to create and express through art. Most importantly I'd found a medium that allowed me success through asking more questions than providing answers.

USU had a traditional photography program, and I learned and respect that tradition in my current work. I've had the experience of shooting the whole gamut of photographic equipment from cameras I've built myself to high end studio and back again to digital. I've mixed my own chemistry and emulsions and experimented with 19th century processes that are nearly extinct, such as carbon printing. I'd be surprised if as I mature as an artist and I don't return to these traditional and historical processes as time and circumstances allow.

Phoenix 20 #1 by Tyson Crosbie

BS: Tell us more about the thoughts behind your work. For example, do you adhere to a specific school of psychology or philosophy as far as your practice is concerned?

TC: Nearly ten years is not enough time to develop any clear understanding of the meaning of anything. I am not so sure I'll ever reach any clear understanding, I can speak to where I am now.

I view my work as an evolution, the most important image I've ever made is the next one. It is my goal to create a lifetime body of work that evolves as I do that is recognizable visually as a journey of a life. The first abstracts that I took in school were exercises in composition and theory. What I call the Mexico series was when I became self aware as an artist. Following that the early work is when my language really starts to develop and refine. My most recent work is confined by rules and language and far more complex and yet the subtleties of information that I can contain in the imagery fascinates me.

Of course it is my obsession to observe the world, this ties me to the medium of photography intimately. Still I am drawn to contradictions like; Creating work as a purist, a traditionalist and using digital media. Loving observation and information as a scientist and an artist. Believing that I am solipsistic and an existentialist and an egoist at times.

My big contradiction from my childhood was between perfection and truth and it still informs my work to this day. The idea that there is a conflict that has no perfect answer for more than a moment is the basis of my understanding of evolution. My work is constantly evolving through the acceptance of any idea and then testing it repetitively over and over until you reach a beautiful unique conclusion. Not a perfect conclusion because that just doesn't exist, just the best conclusion for that moment in time. When considering time and environmental change, this moment is so important. The record.

Phoenix 20 #6 by Tyson Crosbie

BS: How are those thoughts reflected in the equipment that you use? Many photographer view the gear they use as part of the process-- do you share that stance? Or is it just a means to an end, so to speak?

TC: Meh. A camera is a black (without light) box with a hole on one side. It is a tool. I use a digital camera on my current project because it allows for a greater amount of iterations. I can move very quickly from one idea to the next and follow a much more intuitive path to the next choice.

I suppose it is all connected but my personal stance is that it is a dangerous path to give too much thought to the tools used. Photographs are made for our eyes, find the tools that are most pleasing to how you view the world or want to express your view of this experience.

The process is exciting when searching for the right tools. But this work is about obsession and finding that core part of a single idea, feeling or beautiful truth.

Phoenix 20 #16 by Tyson Crosbie

BS: You have said the following, "Copyright is dead. Through digital media, and the ability to make a copy so efficiently that there is NO difference between the original and the copy, the founding idea of copyright has become obsolete." Can you go into further detail about that? What is your stance on copyright?

TC: Sometimes to wake people up you need to yell. This question actually made me consider many things I had not previously. It reminded me of Nietzsche's statement that "god is dead" from the gay science. Realizing that the fight that is going on in the commercial world of photography is likely to rage on well past me. Lets just hope I don't face the same fate as our friend Nietzsche.

Honestly I don't really know the answer to this question yet. I've certainly been playing around with the idea in the commercial world, challenging some of the conventions. I see that the domain of copyright is getting dangerously out of control. It is a thing that if left unchecked will begin to erode at free expression and already is limiting what is possible. I think it is well understood that nearly any idea you could execute is in the context of history just repeating a previous idea. If we are to get led down the path of the current copyright model we would have to believe that those ideas are owned by the originators of the idea AND all derivatives.

I understand that the product of an artist is of vital importance to the survival of artists in a marketplace but the copying and distribution of that product can only be controlled with an army of enforcers or by limiting yourself to obscurity. As I currently practice any copyright it is by controlling the quality of free distribution and the availability of physical products.

Phoenix 20 #7 by Tyson Crosbie

BS: Tell us more about your influences. Are you influenced by any specific artist or art movement?

TC: I hope that I am influenced by as many as I am exposed to. Obviously my work is most heavily influenced by the abstract expressionist movement. Motherwell, Rothko, Johns, and Reinhart even Tapies and those are just the painters. I could go on and on endlessly. When my access to information increases, so in turn does my ability to view, respond, and dissect the elements that are truly my work. These elements that I draw from become increasingly complex and each is a part of the whole of each product.

BS: Do you mind discussing some of the techniques that you use?

TC: I am an observer and a recorder. I take from my immediate environment what most appeals to my current mode of language. I am a purist in that I don't manipulate my environment or my final images, they are presented as straight images just as they were found. I use a digital camera and print on RA-4 paper and adhere to a pretty traditional gallery presentation. I edition my work 1/1 to protect the value of the finished work.

The scary thing about this question is that it implies there is some secret or magic to the process of photography. I certainly do not ascribe to this. All of the techniques of the mechanics of photography can be learned in a matter of a couple months.

Phoenix 20 #11 by Tyson Crosbie

BS: Is there any specific message that you strive to convey within the context of your work? In other words, what do you desire viewers to take from your work upon viewing it?

TC: Honestly I can't even begin to think about it. They do what they do for their own reasons.

BS: What are you working on at this time? Also, will you be involved with any upcoming exhibits?

TC: I am working on my annual series Phoenix 21 and a new catalog of work from a sister city called Tempe 20. I am hosting soft edits of both projects on Flickr.

I also produce a weekly vlog on my gallery site Lying to Tell the Truth and run a successful commercial studio.

Two shows are currently planned for 2009 and I will be aggressively pursuing other opportunities to show until the work is completely sold. A solo show at the gallery inside Off Madison Ave in Tempe Arizona is planned for the second Quarter. Also working on a collaboration and group show with local artist Kyle Jordre in the month proceeding that solo show at his studio.

Phoenix 20 #3 by Tyson Crosbie

BS: You have obviously taken advantage of the internet as a means of gaining exposure for your work. What are your thoughts on how the internet is opening new doors for artists?

TC: Only a select few will take advantage of what is available and possible online. Because most calling themselves artists are painfully insecure and believe they need assistance to do business, market themselves and succeed. I still see it all the time, there are sites that function as galleries for artists and taking the same roll as the traditional gallery by taking a percent of sales. For what?

These sites are even more dangerous to the artist than the traditional gallery system, in that there is NO critical voice. And at least in a traditional gallery they respected the market and strove to curate work that appealed to their patrons. The online artist communities fail on this very basic need of the market- there is no audience.

The internet will only be a valuable tool for an artist once they get over the fear that they are incapable of controlling the business process as much as they control the creative process.

I guess what I am trying to get at is there isn't a new door opening online. It is the same door that existed before. And beyond that door are all the very real dangers that exist from sharks to snake oil salesman. It still is true that the only way to be successful as an artist is to understand that a projection (the internet) of this world is only as valuable as the reality. It does no good to declare that the gatekeepers are dead if your only solution is to establish new ones.

BS: Finally, is there anything else you would like to say about your art?

TC: I asked on twitter for responses to this question. search.twitter.com search for #MASInt #masint It should trend out in the next couple days.
Thanks again Brian for giving me this opportunity.

You can learn more about Tyson Crosbie by visiting the following websites--www.tysoncrosbie.com, www.lyingtotellthetruth.com. Tyson is currently a member of the myartspace.com community--www.myartspace.com/tysoncrosbie and a seller on the New York Art Exchange (NYAXE)-- www.nyaxe.com/tysoncrosbie

Take care, Stay true,

Brian Sherwin

Senior Editor

www.myartspace.com

Myartspace Announces London Calling Competition

Myartspace Announces London Calling Competition

myartspace is sponsoring a competition juried by a world class panel from The Tate Modern, The Hayward Gallery, and the Barbican Gallery all in London. Fifty finalists will be selected and three winners will have their work represented at the Scream London Gallery in June 2009.

Inspired by Rolling Stone Ronnie Wood’s own career as an internationally recognized artist, the Scream London Gallery touches shoulders with some of London’s most established art galleries in the traditional hub of the capital’s art market. Scream London is run by Tyrone Wood as curator. Notable guests and patrons have included Tracey Emin, Claire Danes, Rosie Huntington-Whiteley, Beverly Knight, Meg Mathews, and many others.

Competition Snapshot:

-Deadline for registration and submission is May 15, 2009.

-Competition is open to myartspace members. Membership is free.

-Registration fee is $50, but for early registration by March 31, 2009 the fee is $25.-Jury panel includes Vanessa DesClaux from the Tate Modern, Tom Morton from the Hayward Gallery and Francesco Manacorda from the Barbican Gallery

-Fifty finalists will be selected and announced by the jury panel.

-Three winners will have their art represented at Scream Gallery London, in June 2009. Winners to be announced on May 31, 2009.

Summary:

myartspace, the premier online venue for the contemporary art world, is sponsoring a Juried competition. We want to represent three contemporary artists at a venue in London, England during June 2009. The competition, like others from myartspace, will have world-class jurors reviewing the work of the submissions. Fifty finalists will be selected and three winners will have their work represented at the show.

With over 50,000 members, and more than two years of history, myartspace has been a key force in the art industry at availing opportunity for its rapidly growing community. The myartspace community consists of artists, collectors, gallerists, art appreciators, educators, curators, art critics and many others. Membership to myartspace is free, and members can upload an unlimited amount of art work, music, video and audio narration.

For more information about London Calling visit, www.myartspace.com/londoncalling

For more information about Scream London visit, www.screamlondon.co.uk

Take care, Stay true,

Brian Sherwin

Senior Editor

www.myartspace.com

www.nyaxe.com

Brad Holland Responds to Public Knowledge

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

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?

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

www.myartspace.com

www.nyaxe.com

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

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 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

Art Space Talk: Amanda Palmer

Amanda Palmer. Photo by Beth Hommel

Amanda 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 Viglione

Brian 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.

Photo by Ken Thomas

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.

Photo by Anabel Vasquez

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.
Photo by Beth Hommel

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?

AP: I'd love to. The timing of that doesn't work out well as I usually have to be getting ready for the show during the opener's set. But I've fantasized about doing paintings every night and auctioning them. The Cloud Cult, another indie band, does that and I think it's an absolutely brilliant idea, especially because making money on the road is really hard and it's a wonderfully creative way to expand the shrinking revenue streams of the musician.

Photo by Gregory Nomoora

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,

Brian Sherwin
Senior Editor
www.myartspace.com

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.

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:

Art Market Crisis: Galleries NEED to Embrace the Internet... and eCommerce!

eCommerce Can Work For Artists

Why Art Sites Work

how to gain exposure for your art online

Art and Recession: Time to Adapt

Don’t Expect Your Art to be Discovered. Make it Happen Online

Art and the Internet: The Artists Are Here. When will Galleries Participate?

Take care, Stay true,

Brian Sherwin

Senior Editor

www.myartspace.com

www.nyaxe.com

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

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

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 themsel