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USING CELEBRITIES AS ART SUBJECTS

Published April 20, 2019 by Gail Daley Writer & Artist

Have you ever been tempted to include a celebrity portrait in your art portfolio? Say you are entering a theme show and there is a celebrity whose very image just screams “I am this theme”i.e. General Patton or Pappy Boynton for WWII, Clint Eastwood or John Wayne for western art, Mohammed Ali, or an Olympic swim star for a sports theme, etc.? Well if you do use a celebrity without gaining the proper permissions, you could be sued for copyright violations under something called “the right of publicity” laws.

I became curious about this when a young artist used a drawing of a western icon as an entry in a local art show. I remembered reading about the case of a company being sued when they used President Obama’s image advertising a product on their billboard. I did some on-line investigating and found some interesting information. I discovered that public figures could actually copyright their image under some state copyright laws. This was especially informative to me because I had always thought that copyright was a federal law, not a state one. In my research, I discovered that both are true. In other words, you have federal copyright laws and the states can make additions to these laws that could affect us as visual artists. Copyright law may also vary from Country to Country.

What exactly arethe rights copyright concerning publicity laws in regards to public figures? Public figures include politicians, celebrities, and any other person who has put themselves in the public spotlight or has greater than normal access to the media.

Wikipedia: http://en.wikipedia.org/wiki/Personality_rights, defines these laws, as “The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one’s identity. It is generally considered a property right as opposed to a personal right, and as such, the validity of the Right of Publicity can survive the death of the individual (to varying degrees depending on the jurisdiction). In the United States, the Right of Publicity is a state lawbased right, as opposed to federal based right, and recognition of the right can vary from state to state. The Celebrities Rights Actwas passed in Californiain 1985 and it extended the personality rights for a celebrity to 70 years after their death.” There are other portions of California’s privacy laws to protect non-celebrity individuals but they not the subject of this blog and may be covered later.

Further reading tells me that even if your artistic source matter is a photograph taken by youof the celebrity or public figure in question, you might still be liable for violation of the right of publicity act if you invaded the privacy of the person in question to obtain the reference photo. An individual’s right of privacy or publicity is infringed when their name, voice, signature, photograph or likeness appears in a work of art and (a) can clearly be recognized as the subject shown in the work, (2) the subject has not consented to their image being used, and (3) the circumstances under which the photo was taken fit one of the following scenarios. Invading the subject’s privacy by encroaching into their private affairs. This covers events occurring in private or semi-private places: i.e. someone’s home or an invitation only event.Invading the subject’s privacy by the public disclosure of embarrassing facts not generally known. For instance if you take a photograph of a celebrity and then use the photo to paint them in the nude, or publish a photo of them embracing someone not their spouse this might be construed as being invasion of privacy. Invading the subject’s privacy by commercial appropriation. Using President Obama’s image to sell a product on the billboard was a clear example of this type of invasion.

Now I am not a lawyer, but common sense tells me why take the chance? Even if you win, a lawsuit is expensive and time-wasting and just being dragged into court over something like this could damage your reputation as an artist. If you would like more information on this subject, there are several good sites on the internet.

 

http://www.avvo.com/legal-answers/can-i-sell-my-own-artwork-depicting-a-celebrity–435063.html

This is a Case out of New York State concerning a sculpture using Cheryl Teigs legs in a sculpture. Recent verdicts expand artists’ rights in celebritydepiction …

http://www.owe.com/resources/legalities/7-issues-regarding-use-someones-likeness/

 

 

What Is Your Writing Genre?

Published April 13, 2019 by Gail Daley Writer & Artist

Several Years ago, I wrote a blog defining the many Art Genres. I decided to try the same with writing. I searched the internet and pulled up most of these definitions from Wikipedia, and various other internet sources who defined writing genre. It is by no means a comprehensive list, but it might help my fellow writers when asked by a publisher to define the genre of the book they have just written. There is an enormous amount of information about book genres. I limited myself to fiction. I may do a similar chart for non-fiction later though. I got the idea for the chart from a Facebook post, but I made some changes and additions to what was there. Let’s start with the Mystery.

Mystery fiction is a genre usually involving a mysterious death or a crime to be solved. In a closed circle of suspects, each suspect must have a credible motive and a reasonable opportunity for committing the crime.

Noir/Hard Boiled:Noir fiction is a literary genre closely related to the hard-boiled detective genre except that the lead character is not a detective, but instead either a victim, a suspect, or a perpetrator. Other common characteristics include the self-destructive qualities of the lead character A typical protagonist of noir fiction is dealing with the legal, political or other system that is no less corrupt than the perpetrator by whom the protagonist is either victimized and/or must victimize others daily, leading to lose-lose situation.

Cozy Mystery:Cozy mysteries, also referred to as “cozies”, are a subgenre of crime fiction in which sex and violence are played down or treated with humor and the crime and detection takes place in a small, socially intimate community. The term was first coined in the late 20th century when various writers attempted to re-create the Golden Age of Detective Fiction.

General Mystery: Mystery fiction is a genre of fiction commonly involving a mysterious death or a crime to be solved. The central character must be a police or amateur detective who eventually solves the mystery by logical deduction from facts fairly presented to the reader. Sometimes mystery books are nonfictional. “Mystery fiction” can be detective stories in which the emphasis is on the puzzle or suspense element and its logical solution such as a whodunit. Mystery fiction can be contrasted with hard-boiled detective stories, which focus on action and gritty realism.

Mystery fiction may involve a supernatural mystery where the solution does not have to be logical, and even no crime involved. This was common in the pulp magazines of the 1930s and 1940s, where titles such as Dime Mystery, Thrilling Mystery and Spicy Mystery offered what at the time were described as “weird menace” stories—supernatural horror in the vein of Grand Guignol. This contrasted with parallel titles of the same names which contained conventional hard-boiled crime fiction. The first use of “mystery” in this sense was by Dime Mystery, which started out as an ordinary crime fiction magazine but switched to “weird menace” during the latter part of 1933.

Police Procedural:The police procedural, or police crime drama, is a subgenre of detective fiction that attempts to depict the activities of a police force as they investigate crimes.  Traditional detective novels usually concentrate on a single crime.  Police procedurals frequently describe investigations into several unrelated crimes in a single story. Traditional mysteries usually adhere to the convention of having the criminal’s identity concealed until the climax (the so-called whodunit); in police procedurals, the perpetrator’s identity is often known to the audience from the outset (this is referred to as the inverted detective story). Police procedurals describe several police-related topics such as forensics, autopsies, the gathering of evidence, the use of search warrants, and interrogation.

Hobby Mystery: See Cozy Mystery. This is merely a specialized sub genre of Cozy mysteries. The story usually centers around the main character’s hobby, such as quilting or animals.

Historical Mystery:The historical mystery or historical whodunit is a subgenre of two other genres, historical fiction and mystery fiction. These works are set in a time usually before 1960 and the central plot involves the solving of a mystery or crime (usually murder). Though works combining these genres have existed since at least the early 20th century, many credit Ellis Peters’s Cadfael Chronicles (1977-1994) for making popular what would become known as the historical mystery. The increasing prevalence of this kind of fiction in succeeding decades spawned a distinct subgenre.

Paranormal Mystery:  Sometimes the things in a mystery just can’t be explained. That’s where the paranormal mystery comes into play. These books have an element of supernatural in them, that can include magic, witches, skeletons or ghosts, and it can include werewolves, vampires, and other creatures. The difference between paranormal and fantasy is Paranormal concerns events or experiences not subject to scientific explanation or outside the ability of science to measure or explain. ESP, ghosts and other phenomenon fit this definition. Fantasy is a genre using magic or other supernatural phenomena as a primary element of the plot or setting. (Think Harry Potter or Harry Dresdin).

GETTING THE MOST OUT OF A CRITIQUE

Published April 6, 2019 by Gail Daley Writer & Artist

For many of us, giving our work over to an individual or a group to be analyzed is scary, but so much can be learned by having someone not intimately connected to you evaluate your work. An unavoidable truth in the art world is that all through your career all kinds of people are going to say all kinds of stuff about your art. Some of them will even tell you to your face. Others may write about it, post about it or gossip behind your back. An artist not only has to learn how to handle this nonstop blitz of feedback, comments, and criticisms, but also how to gage and respond to what is said, and most importantly, how to not take what is said personally. To get the most out of a critique, it is important to decide Before submitting your work to a critique, what you really hope to gain from it. This is where some honest personal soul-searching can be useful. Most of us always try very hard to create the very best art we can. We put the total sum of our skill into every painting or sculpture. Unfortunately, when we ask, “how do you like it” we do usually hope for an endorsement of our efforts instead of an evaluation of what is technically wrong. Evaluate the person doing the critique. An important determination you need to make about responses to your art is whether a comment is based on the individual’s personal tastes or is instead based more on their overall knowledge and understanding of the type of art you create.

Decide what you like about your painting before asking for criticism or reviewing a critique. The better you know what it is you like or dislike about your work beforereceiving criticism, the better you will be able to evaluate what is being said. Listen to what is said, make sure it applies, and then ask yourself: “would it be better changed, or do I like it just the way it is?” Don’t get defensive! Remember; a critique doesn’t have to become an argument to win the critic over to your side.

Seek the opinions of your peers whenever possible. The more respect you have for the critic, the easier it is to accept the evaluation by him or her. It helps also if you attempt to understand his or her biases. We all have them. Some of us are technical sticklers and others like to see the breaking of rules.

Don’t discredit positive feedback. Because we often feel guilty at accepting praise, It is often easier for us to accept negative criticism than praise.

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