FINDING THE RIGHT SUPPORT AS AN ARTIST

Published August 26, 2019 by Gail Daley Writer & Artist

When I started to take my art seriously, I knew that peer group association was important for me to grow as an artist, but finding the right art group to join was a little frustrating.  Why is it so important to associate with other artists? Well, although you can create art in a vacuum, if your art is never evaluated by your peers, you may simply be stuck repeating the same type of art and art subjects at the same skill level forever. Peer groups challenge us to stretch our skills, reach for new goals and generally provide support when we are feeling down. Therefore, it is important to seek out those who are Sympatico with our ideals and feelings about our art. Local art groups can be invaluable in this area. Let’s face it, while our friends and family members may oohand ahhover our art, they really can’t provide an informed opinion about it. In addition, most of us suspect they are praising our art because they love us, and not really because they actually love our work or are really interested in art. Close family and friends also seem to devalue our work as artists because they consider it to be of secondary importance to our place in their lives.

I was sure that other artists usually wouldn’t fail to recognize how important my art was to me in the way friends and family might, because their own work is just as important to them as mine is to me. Therefore, I went looking for other artists to spend time with. I found the easiest and fastest way to meet many other artists was to join a local art group. However, as I said, I knew virtually nothing about any of the local art groups in my area, so I simply joined as many as I could find. In fact, until I got to know and talk to some of the members of the first group I joined, I didn’t realize how many other groups there werein my area. I then went to as many activities sponsored by each group as I could to get to know how each group functioned. To my surprise, I discovered that while most of the same local artists also belonged to many of the groups, each group didhave a different “feel” to it, depending on the group’s mission statement and who was actually directing the groups focus.  In my area alone there are five or six art groups, all with different standards and goals. One of the coalitions is simply a painting group that gets together to talk, paint or draw and critique each other’s work twice a month. Another aims its standards for professionals and is very picky about what they accept in their shows. A third group is warm and welcoming to new and beginning artists and seeks to encourage its members to strive to improve their skills. A fourth group is a very loose association that tracks events from all the others and tries to find places for artists to exhibit and show. All of these groups have valuable insights into the local art world. While I do maintain my membership with most of the original groups I joined, I did finally find the group I consider my “home” group. Once you do find the right fit, you will also find the friendship and support you are looking for in your peers.

However, If you are not feeling the love in the group you joined, then you need to do some honest evaluation of that groups focus and aims and what you were looking for when you joined. You need to decide what it is about each particular group that makes you comfortable or uncomfortable. While only you can draw these conclusions, I do have some markers that can be used to aid you in making your assessment.

What are the goals the group has set for itself? Do you agree with them?

What were yourgoals when you joined this art group? Friends?  Career advancement? Improving your skill set?

Has it met your expectations? If not, why not?

Have you been a member long enough to have made a genuine attempt to get to know the other members? Do you attend all their functions? Are youfriendly and approachable to other members?

Are you comfortable with the majority of the group’s socio-economic status? Why or why not?

Are you comfortable with the majority of the group’s education level? Why or why not?

Are you comfortable with the age/sex of the majority of the members?

Do the other members respect you as an artist? As a person?

Do you feel the criteria used in selecting winners at the group’s sponsored shows are fair? Why or why not?

Can you find topics to discuss with members at group functions?

Are the other members friendly to you? If not, they why do you think they are unfriendly?

Are these people you would enjoy spending time with outside meetings and group functions?

After evaluating your feelings about the group, then you need to make a decision as to whether to stay with the group or move on. Sometimes you may find that it is not one, but several local groups that give you what you need.  Once you do find the right group fit, you will also find the rapport and encouragement you are looking for in your colleagues.

CREATING AN ART CULTURE IN YOUR COMMUNITY

Published August 19, 2019 by Gail Daley Writer & Artist

Do you live in a community that supports the arts? The sad fact is that art-wise, not all communities are created equal. In California for instance the Bay and Central Coastal areas are a lot more “arty” than the Central Valley. I live in one of these “art challenged” areas of California and for many years I listened to my fellow artists whine (yes, I said whine!) about needing to travel to the coast to find buyers for their work. It is true that there are very few galleries catering to local artists here in Fresno and Clovis. All the galleries here only show art by dead masters or don’t open their doors to local artists (Fresno Art Museum) or they are privately owned by one artist or by co-op groups of artists. These galleries do an excellent job of helping to create a local art culture, but most of them are full.

Since moving to the coast wasn’t an option (my husband’s pool service business is located in Fresno), I decided to become proactive about the situation. I decided I needed another option to show my art.

It seemed to me that the chief issue was the general opinion apparently held by the public that my community didn’t have prominent artists. This is simply not true; while a Thomas Kincade or a Bev Doolittle doesn’t live here, Fresno, Clovis and the surrounding cities in the Central Valley are home to national and internationally known artists. We also have many very talented local artists. The big secret is no one knows it. So how do we as artists raise the social awareness of art in our communities? After some consideration, I realized that the best way to raise art awareness was to put art out in places where John and Mary Public would see it. We do have a monthly art event here called Art Hop, where the public is encouraged to tour as many galleries, restaurants and businesses who show art. This would be a wonderful opportunity to raise art awareness if we could persuade our local schools to participate. Unfortunately, the sad fact is that except for a small percentage of the population John and Mary Pubic are too busy working non-stop or taking their children to sports activities and have very little time to take in local galleries. They will however, take their children to the library. If art is displayed in that library, it gives parents and children the opportunity to recognize and see the local art culture. Historically, libraries have always been centers of the arts and culture for society. Artists who support this by displaying their art in the library are doing a great service to the community. Even though artists might not make many sales displaying art in the libraries, our contributions to the art and culture of the area is immense. When we put our art in the library, we not only remind the public what talented, creative artists live here, but how much we care about the community as a whole. One of the things artists contribute to our community as is culture. By displaying our stuff in the libraries, we bring art to life for the general public. Although it is not directly about sales, one of the ways that we artists in Fresno and Clovis convince the buying public how wonderful is our art and photography (and indirectly to buy that art) is the development of a reputation for being a center of art and culture. Sometimes we have to give before we can get.

 

COMMON AUDIT ISSUES FOR ARTISTS & GALLERIES

Published August 12, 2019 by Gail Daley Writer & Artist

By the Practical Artist

Information for this blog was taken from REG 121584-05 page 523 http://www.irs.gov/businesses/small/article/0,,id=254019,00.html– 77.3KB

 

Probably the one agency that terrifies Americans the most is not the NSA, but the IRS and being audited by the IRS ranks up there with being on some mobster’s hit list. The best way to avoid being audited is to know what items will considered red flags by the IRS. The following are a few audit issues looked at by the IRS that may be found in the examination of an art gallery or home studio.

Unreported income through cashed checks from galleries to the artists leading to related returns to be examined;

Barter transactions between artists and others in the art field;

Taxability and inventory assessment issues for trades between gallery owners and artists;

Avoidance of state sales taxes;

Treatment of ordinary income as capital gains by mischaracterizing inventory as investments;

Identification of sources who failed to file/report transactions through “cost of goods sold” by studying cancelled checks and payment/transaction records;

Framing costs not properly recorded;

A History of losses or very high travel and entertainment costs with low gross receipts suggesting potential Activity Not Engaged in for Profit pursuant to I.R.C. § 183;

Sales of artwork disguised as “loans” secured by art as collateral and possible “money laundering”;

Other “financial status” indicators which show an artist’s or gallery owner’s reported income is incompatible to his or her lifestyle;

Potential issue on Non Resident Alien Artist, Art Galleries, Dealers and Brokers (International Referral Required);

Artwork being deducted as a charitable contribution at fair market value rather than adjusted cost basis and/or not being taken out of cost of sales;

Business use of the home.

If the gallery purchases its inventory, there should be a very detailed inventory listing showing the purchase date, the purchase price, any restoration and framing costs, the sales date, and price.

If the gallery sells on consignment, there will be a system in place to track consigned items. This system will generally contain the artist’s name, his or her address, a description of artwork, the date on which the artwork was received by the gallery, the asking price by the artist, and any other specific terms. It also indicates the date the piece was sold, the sales price, and terms of the sale.

The sales invoice for an art piece needs to  display the buyer’s name, address, date of sale, amount paid (if not fully paid), terms of any installment plan, sales tax, shipping charges, and framing charges if it is the type of artwork that would require framing.

Since artists are not offering a service, galleries are not required to complete a Form 1099 for the payments made. However, artists should receive a consignment check either monthly, at the time of sale, or at a time specified in an agreement between the artist and the gallery.

The best way to keep issues like those above from impacting your career as an artist is to keep good records for your home studio/gallery. If you sell your art, it is considered income and over a certain amount, it must be reported as such to the IRS on your federal taxes. If you participate in a booth event, you are usually required to have a seller’s permit, collect sales tax, and then report and pay that sales tax to the State.  Art is a business as well as a creative endeavor. Losing your art can be a financial loss. Not being aware of losing money because you don’t keep track of costs can create a huge problem.

Hey, relax; this isn’t as difficult as it sounds! Let’s take this one step at a time, using one piece of work. Step one: decide in what form you are going to keep your work log.While it is very helpful to have this information stored on a computer, artists were tracking their work using paper files long before computers became popular. I personally prefer using a computer worksheet, however, all of this stuff can be put on a sheet of paper and kept in a binder. For the initial record, I recommend a single sheet or worksheet per art piece. (Please see the Art Information Sheet in the Sample section)

ITEM 1—a pictorial image of your work. This can be in the form a printed photograph, a slide or a digital image. If your work is 3-deminsional, be sure to take photos of all sides of the work. Since this image is not going to be used to reproduce the work, a small, low-resolution image will suffice. The image should be large enough to see details of the work, clear and without blurring.

ITEM 2—the title of your work, size, style/genre and when it was finished.

ITEM 3—a brief description of the work (use complete sentences—why will become clear later). Optional—I also like to keep a kind of diary as to what I wanted to achieve, why I chose this image, and what was going on in my life when I created this art piece.

ITEM 4—Keywords to be used when downloading the photo of your art to your web site or other internet media.

ITEM 5—Show and exhibit record is a list of what shows or exhibits were entered, when they took place and if the art won awards.

ITEM 6—wholesale and Retail price. This is probably the hardest thing for an artist to decide on—how much to charge for an artwork! What is the difference between Wholesale and Retail? Wholesale is always lower than Retail. Your wholesale price at a minimum should cover the cost of what it cost you to create the art, plus any gallery commission fees and hopefully with a small profit margin. Retail price for an art piece should cover all this plus what you as an artist feel the art is worth. I realize this is very subjective but most of art issubjective.

ITEM 7—Incidental information such as the date you formally copyrighted the work, cost of the copyright, etc. More about copyrights later in the Copyright section.

ITEM 8—If you had limited editions of a painting or photograph or copies of a sculpture made, when, how many , how much it cost to make them, how many sold and how much you made when you did.

ITEM 9—the date you sold the original art and the name and address of the Buyer.

Learn More

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.

Painting The Familiar

Published March 30, 2019 by Gail Daley Writer & Artist

When selecting what to paint or write, we all have familiar subjects or places we return to time after time. For me, when paging through my reference photos to paint a landscape, I inevitably return to a scene with water because I find water movement visually interesting. Perhaps this is why I find my own still life paintings so uninspiring, although I do often admire those done by my friends.

When painting do you revisit a favorite subject many times? I know that I do, despite having heard critics ask, “Why does he/she always paint the same thing” about myself or other artists. I take issue with the idea that painting the familiar will mean you are creating a clone of a prior work since I believe that even if you are attempting to re-paint a scene or subject that you have painted in the past, the painting will be different. you are not the same person you were when you previously rendered this subject so why should your art be the same? it is true that as artists we have the need to stretch our boundaries by working with materials and subjects we are relatively unfamiliar with, our life experiences and what we have learned will shape our work even if we are painting a familiar subject. If you returned to the scene of a previous work and painted the same scene would it be the same?

In my experience, the 2nd painting never comes out the same as the 1stone. For one thing, I have learned new techniques, and grown in my artistic abilities. For instance, I did two paintings, “Hunting The Levee” in 2002 and “A Man And His Dogs” in 2003. Essentially they are the same scene, taken from a single reference photo. However, in the 2ndpainting, I felt much freer to play with the tableau and add and subtract elements from the photo. So yes, I feel that returning “to the scene of the crime” as it were can be valuable to an artist.

 

%d bloggers like this: