Ignorant Theft – Copyright Infringement

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What is copyright?  It is the “right” to “copy” or reproduce your art, your intellectual or creative property.  “Copy” means “copy” in any way, shape, or form.  If someone else does this, without your permission, it is copyright infringement and it is against US and international copyright law.

That means that if someone buys your painting they do NOT have the right to “copy” it and reproduce it in any way, shape, or form. Ever watch some of the shows on Bravo?  You’ll notice that many of the interior shots have the pictures on the walls blurred out?  That’s because Bravo has not purchased the rights to reproduce those images on film.

It is of particular issue when someone uses intellectual property, without  permission, for their commercial gain.  Case in point:

Recently, a personal stylist that I know proudly sent me a link to her new website.  To my horror she had sampled some of Wayne Thiebaud’s images and is using them as the central images on her home page.  Wayne Thiebaud for those who don’t know is an American Art icon, equal in art history stature to Andy Warhol.  He also happened to be my mentor.  So here’s what I wrote.

“I did go to your new site.  Very nice. But unless you have a licensing agreement in place, I would highly recommend that you remove Wayne Thiebaud’s images from your site. Otherwise you’re illegally infringing on his copyright.”

Her response:

“Thank you for your comment on copyrights. I was told by a book publisher that if I credited Wayne Thiebaud’s images I’d be o.k. which I did in the web images page but I will look into it.”

“Look into it?” Actually she did NOT credit him and more importantly she’s stealing now!  So I responded:

“Not to put too fine a point on this, but I can assure you that if you don’t have written permission from Wayne Thiebaud himself to use his intellectual property, you are in violation of federal and international copyright law.

And because you are using his images for your commercial gain you are putting yourself at particular risk, credit or no credit. If I picked up on this, others may also.  And it doesn’t reflect well upon you. I also happen to know Wayne and I know that he wouldn’t appreciate it. Over 50% of my income comes from my intellectual property and I have successfully sued violators, twice.

Just my two cents, out of concern and from my professional perspective as an artist.

Still, she doesn’t get it,  because she writes:

“I worked in an art gallery for several years and am very sensitive to artist’s rights. I will not be making any money on his art.“

So. I had to let her have it:

“Gallery representatives are probably the very least informed group about artist’s rights, and that’s probably because it doesn’t serve them.  Unfortunately, they’re only second to many artists.

Since you don’t trust my advice I’d like to direct you to the US Copyright website.  They are the ultimate authority in these matters.

In fact, you are “making money” on Thiebaud’s intellectual property because you are using it as part of your marketing, which is for your commercial gain.

When the New Yorker magazine uses his work for their cover to help sell magazines, or Alice Waters includes his art in her cookbook to help sell books, they must each pay a licensing fee and get his permission, in writing.

You have no more right to use Thiebaud‘s images without his permission as you would have the right to download music you haven’t licensed to use as part of your commercial jingle.

If violating the law is not a concern, your choice is still very unprofessional and therefore reflects poorly upon you.

And ultimately, I don’t think that this is the image you are trying to convey.”

Bottom line: you can’t “borrow” or take intellectual property, any property, from the owner unless and until you have their permission.  And in the case of copyright you must secure permission in writing.

If you do, you have broken a federal copyright law by infringing on another individual’s property.

She has since removed the images from her website.

Balancing Confidence and Criticism

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“Mick Jagger 1975/76″ Andy Warhol

Once Wayne Thiebaud, an American Art icon, wrote in a letter of recommendation that I possessed “confidence and inner resources”, I suddenly had more.  Why are these qualities so important?  Because it’s what separates the “men from the boys” in the wild and hypercritical world of art.

Artists often battle their inner critic.  Although criticism is necessary to editing one’s creative expressions, it can also eat you alive, if you let it.  The successful book “The Artist’s Way” brilliantly deals with the subject of the “inner critic.”  Yet there was nothing in my prestigious fine art education that ever helped prepare me to balance confidence and criticism.

An artist client of mine told me a story of her son who was given an art class assignment to go to an art gallery or museum and to write about a painting.  At the last minute her son approached her with his unfinished homework.  There where no museums or galleries open so off they went to an ever-open Thomas Kinkade Gallery.

Her son turned in his completed assignment and his teacher proceeded to tear him in two.   Proclaiming, “this is not art!”  Now I tend to agree, but this is a kid, and he did complete the assignment. He was penalized for the rest of the year and his passion for art completely evaporated.

But would this have happened if it was a math test?  I assert that the answer is no.

Art is so very personal that we often see it as representing ourselves.  So when it’s torn to shreds or even mildly criticized, artists can be devastated, their ego pummeled.

As an artist you have to be open to criticism; there’s no way around it.  And if you’re in business you need to welcome and respond to it.  Particularly if your business is selling your art because your confidence will inspire collectors to purchase.

You also have to maintain perspective.  Not everyone is going to like your work.  Not everyone likes mine and I don’t care.  Because I only need a few select collectors every month to like it enough to buy it.

Do you like every song you hear on the radio or every outfit you see?  No.  It’s a matter of personal preference.

Mic Jagger, the front man for one of the most popular long lasting rock groups of all time, explained to Larry King that he has always listened to the critics.  Jagger stated that the key is discerning between criticism that is really only about a subjective preference and criticism that is actually constructive or insightful.

Ann Rea (Inc)

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Many people ask me, “Who’s your representative?”  The answer is that Ann Rea, Inc. is the legal entity that represents the artist Ann Rea.

How did this come about?  Well, while I was being mentored by American art icons Wayne Thiebaud and Gregory Kondos they encouraged me to make a go of it and to explore my talent full time, and to quit that boring and unrelated day job that I wanted quit.  “It’s not too late” they both advised.  But each of them began their careers as academics.

“How do I make a living?” I asked of Wayne Thiebaud.  Mr. Thiebaud replied, “I don’t know, I’m not a business man. But I can give you a letter of recommendation and refer you to some galleries, one in particular. You can use my name, you’ll probably get in. But the owner, I’ll warn you, she’s a pill.”   A pill, that was a very polite understatement.

Wayne Thiebaud’s letter did get me an entrance into that gallery to review my work.  But when the gallery owner revealed her terms, actually illegal but common terms, it was no wonder  why artists are starving.  The gallery owner insisted on geographic market exclusivity, and demanded that the best of my painting inventory was left on consignment.  The art gallery may never sell a thing and I was handcuffed from selling my own work through other galleries.

It gets better.  I would be paid 50% of the sale price or less because the gallery owner wanted the right to negotiate a discount to patrons, a discount that I would have to eat.  I could not work with any other galleries in Northern California even though this gallery may or may not sell a thing and they could give me the boot at any time they pleased. The gallery also wanted to be listed as the single representative on my website and she really didn’t want me selling from my own site.

And the art galleries illegal demands are common terms demanded by many galleries.

So I thought, “Oh, I don’t think so!  I want to make a living.”  And no profitable business would agree to these terms.  “I’ll make my own market, thank you very much. I don’t know how, but I’ll figure it out.”

I was advised by the successful artist Donna Billick, yes the sister of the famed football coach, “Take the reins, it’s the only way you’ll succeed.”  How true!

So I reflected on the lack of business advice from Wayne Thiebaud, and from my brother, the Dean of a business school, and my sister, a self made multi-millionaire.  Then I decided to write a business plan and a marketing plan anyway.  I sat with a dear friend to do this.  I didn’t have experience in writing business plans but realized that it was an unconventional approach for an artist that could offer a distinct advantage.  Why not try?

They all thought that she I crazy.  But then, they always did think she I crazy.

So in 2005, I launched my business as a sole proprietorship. And without the benefit of a PR agent my business was profiled by the national media, including, “Fortune”,  “The Wine Enthusiast”, “Practical Winery and Vineyard Management” magazines, and the “Fine Living” channel.

So I’m is happy to work with art galleries and art consultants but only if the terms are profitable and mutually beneficial, like any good business owner.

In late 2008, I learned more about our federal tax structure and the IRS code and with my CPA’s advise I changed my business structure to a corporation.

Now you know the history of Ann Rea, Inc. and you have a little insight into the art market.

And hopefully this story has encouraged you to support independent artists just like Ann Rea, who have decided to “take the reins.”