Published November 20, 2017 by Gail Daley Writer & Artist

If you have a professional studio or gallery outside your home you probably will need additional coverage for fire and theft for that space. If you have events (open gallery nights, art shows, classes, etc.) then you will probably also need liability insurance to cover anyone attending events there. You should discuss the amount of coverage you will need with your insurance carrier.


The answer to that is maybe. Unless your homeowners insurance has an exclusion forbidding you to work out of your home, you probably are covered for fire and theft since the art you create can be considered personal property. If you need to make a claim, the carrier will require documentation. That is why it is important to keep good records of what you painted. You should consult your insurance carrier as to how much they will cover for each art piece. Don’t make assumptions and get stuff in writing!


Your regular carrier might not have contacts in this area; However, Local art groups have to carry event insurance for their art shows. Get in touch with them and ask for a referral to their insurance carrier. The carrier they are using may be a lot less expensive than someone unfamiliar with this type of coverage.


What protection do I as a vendor need for my art and my possessions?  What protection do I need if someone is hurt within my stall? What protection does the venue carry for fire, theft, personal liability? What about fire or other damage caused by an accident in another person’s booth that then adversely affects mine? Ask all the “what if” questions you can think of and then make your own determination about participating. Also, check into whether there is an insurance contract and what the terms of the contract may be before signing and have your own insurance agent look it over first as well as an attorney if there are things you don’t understand. Never assume, always ask for clarifications and get them in writing.

If you are displaying your art someplace like a restaurant, gallery or other space, most likely you will need to make arrangements with the owner regarding theft or damage to your art. My carrier won’t cover my art outside my home unless I want to pay big bucks, which I can’t afford. A lot of art shows carry riders to this effect also.


Questions concerning the actual amount and type of insurance you might need for a booth event (art fair, etc.) cannot be answered by anyone other than your insurance carrier. At a minimum you probably want some sort of theft and personal liability coverage but I don’t have any knowledge of what California requires or recommends. The venue holding the event may have requirements for coverage also; they may want a rider from your company naming them as an additional insured for the day of the event. Whatever their requirements are—get it in writing!



Published November 13, 2017 by Gail Daley Writer & Artist

Most states regulate construction contractors. In California, the Contractors State License Board (CSLB) was created to protect consumers by licensing and regulating California’s construction industry. Visual Artists and visual art does not usually come under construction laws, however there is one facet of the visual art world that does: Murals. Wikipedia defines murals as any piece of artwork painted or applied directly on a wall ceiling or other large permanent surface. For instance if you are invited to paint a mural on the wall of your doctor’s office and you were paid more than $500,  under California construction laws, you might need a Contractor’s License. Artists may not be aware that they could be violating California state licensing laws if they were paid more than $500 to paint a mural on a permanent structure i.e. a house or office wall, outside building, etc… The C-33 Painting and Decorating license section covers painting a mural on a permanent structure. Individuals who limit their practice to that of an artist could also be covered under either D-64 (non-specialized contractor designation) or C-61 (Limited Specialty contractor classification).  If an artist is paid more than $500 (labor and materials) to paint a mural on a permanent structure, they are subject to state contractor licensing laws under the Business and Professions Code Section 7026. As of this year, there still is no license classification for specifically for an artist painting art on walls or buildings, so artists are forced to apply for the general painting contractor’s license.

Requirements for C-33 licensing can be pretty stiff (and expensive); you must pass the state law and business exam in addition to the trade exam related to painting. Cost:  Initial app fee $300, App to add a supplemental Classification $75, Home improvement salesperson (HIS) registration fee $75, etc… Then it has to be renewed each year.  In addition to the license itself, CSLB always requires worker’s comp insurance on most projects if anyone but you do any part of the work. Then there are the bond requirements for a General License;  “D” class licenses on the other hand may be less expensive to obtain since potential contactors are only required to pass the law and business exams. However, the tests themselves are quite complicated and most potential contractors actually take courses designed to help them pass the tests (this is not free either).

I don’t know if this could affect you if you merely provided the design for a mural and didn’t actually paint it or otherwise install it. I also don’t know if this covers the donated designs.

According to the latest CSLB newsletter, an increased number of inquiries and complaints from consumers about licensing requirements for artists creating murals have caused the CSLB to tighten up on enforcement in this area so watch out for stings!

For More info: California State Licensing Board    Contractors State License Board Protecting and informing consumers and contractors about proper contracting.


Published November 6, 2017 by Gail Daley Writer & Artist

It seems never to occur to most artists (with some notable exceptions) to have a lawyer look over the contract their new Gallery or licensing company wants them to sign. Why not? Well, a couple of reasons might be that the artist is just so thrilled to have an actual walk-in gallery or licensing firm offering to display or sell their work that the artist overlooks making sure their rights are protected, or that the artist simply can’t afford to hire an attorney.

There are several types of contracts an artist might be involved with.

A contract commissioning a piece of art.

A consignment contract with a gallery to sell your work,

A licensing agreement to sell prints, cards or commission work to be translated into other art forms (plates, tiles, textiles, etc.).

An agreement with an agent to sell or advertise your work.

An agreement with a venue (non-gallery) to display or sell your art.

Booth rental space at an event.

When are the times when you should have someone with legal experience take a look at what you are signing? Well, if you can afford it, anytime you want to be paid for your work, but if you are a starving artist, can you afford a $60/hour retainer? Probably not, however you do have some other options. If you ever find yourself in need of legal representation, you can try Lawyers for the Arts. Most states have either a volunteer lawyers for the arts organization or regular lawyers for the arts who if you ask for it will sometimes give you a bro bono consultation to see want you need.

Volunteer Lawyers for the Arts (VLA) is both a generic term for a number of legal service organizations located throughout the country. It is also the proper name of an organization in New York City, Founded in 1969. That organization is the oldest VLA in the United States. Many states also have their own non-profit organizations: In California, Bay Area Lawyers for the Arts (BALA) was founded in 1971. When BALA expanded to Southern California joining with Volunteer Lawyers for the Arts–Los Angeles, it was renamed California Lawyers for the Arts. There are more than 30 VLA programs spread around the states. Lawyers for the arts is not a single organization, but a network joined by similar vocations providing a range of free or low-cost legal services and educational programs to tackle the needs of artists and arts associations for all genres of art and artists

Each organization functions independently. Most of them are nonprofits  but some are affiliated with arts councils, arts service organizations, bar associations or business for the arts programs.

Several of the platforms include

  • Legal services through referrals and sometimes on-site consultations;
  • Some host legal clinics; alternative dispute resolution including mediation and arbitration;
  • accounting services;
  • Law student internships who are usually a lot less expensive to use and can overlook contracts;
  • Educational programs on topics like contracts, copyright, estate planning, taxes and nonprofit incorporation;
  • Most of them also carry publications on a broad range of issues.

In CALIFORNIA, if you are looking for an attorney, you can also go to:, or you can try someone from the list below:

Please keep in mind that some of the address and phone numbers may have changed. Since I have never used any of these firms, I have no idea of their quality, fees or abilities.

Even if you don’t see the need to have legal advice on every little thing, there are some issues you need to make sure are covered in any contract you enter into.

  • If this is a commission sale, when is to be completed and how soon afterwards are you paid?
  • Is the Gallery or Agent requiring exclusive rights?
  • When are payments due from consignment sales?
  • How long does the consignment last?
  • If there is a reception who pays for it?
  • Who hangs the art?
  • If the hanging causes damage who pays for the repairs?
  • If the gallery or venue goes out of business make sure your art cannot be considered part of the gallery assets or they could be sold to pay business debts in which case you won’t receive any payment for your work.

Disclaimer: The information in this blog is for general information purposes only; it is not intended to be tax or legal advice. Each situation is specific; consult your CPA or attorney to discuss your specific business questions.



Published September 29, 2017 by Gail Daley Writer & Artist

The holidays are fast approaching, and with them comes craft fairs, booth events, and other ways to show and sell your work I call events where you bring your work out and set up a mini art gallery “Booth Events” because usually you will be selling your own work. As a rule, there are 3 types of these events Outdoor, Indoor and Tabletop. Some of these Events will be geared to sell art only; some will allow different types of vendors and you may find yourself set up next door to a food vendor. Outdoor events are usually larger than the Indoor ones and attract a larger crowd.  A Tabletop can be either indoors or outdoors; the main difference between a Tabletop and the others is the space size. Most booth events allow you a 10’ x 10’ space. With a tabletop you have a space about the length and width of a table (usually 8’ long by 3’ wide) to display your work.

Your booth set up should be light and portable, easy for one person to set up in about 20 minutes, and fit into your vehicle along with the products you are planning to sell. To take part in booth events you should have the following items:


Pop-Up booth: Pop-Ups come in several price ranges and styles. Ideally, you will have help setting it up, but I would recommend the E-Z Up brand with the white top because it can be set up by one person. If you have never set up a booth, I advise a couple of practice trials setting it up in your yard before you go out to the event. The best Pop-Ups for displaying art have white tops and straight sides. The white top provides more light to see the art and the straight sides give you somewhere to fasten display racks. You can also purchase sidewalls to hang from the sides of the booth. You will need these if you are taking part in an event that lasts several days; you can use the sidewalls to enclose the booth when you go home for the night. FYI, unless the event has very good security, I wouldn’t recommend leaving your work out, but you can leave your display stands set up inside.

Display stands or racks: You can buy display set-ups from the art supply catalogs; but these can be pricey. However, it is possible to make your own. I bought 8’ wire closet shelving from the local hardware store. Turned on end, they can be fastened together with plastic tie straps or Velcro. The wire bars make ideal places to hang different sizes of art. (This portable shelving can also be made into stand-alone shapes: boxes, triangles and rectangles). For all events, I suggest that sandbags or weighted milk cartons be fastened to the corners to prevent tipping and as additional security for stand-alone shapes.

Portable easels can also be used as a part of your display. The art supply catalogs have some excellent display easels that hold multiple pieces of art and they look very professional. You can also make display easels yourself out of copper, PVC pipe or wood; just make sure they look professional. Remember you are going to be carrying them so they should be very light-weight!

Small fold up tables with a nice tablecloth to hold your cash box and give you a hard surface when making out receipts. They can also be used to display very small or 3-deminsional art, cards, etc. Just don’t make your space so crowded buyers won’t enter it. In addition, if your work is light, cardboard boxes covered by tablecloths or white sheets that reach the ground look very professional and provide a good backdrop to show off your work.

Sandbags or weights to hold down the booth in case of high winds: Weights of some kind are a must. A Pop-Up booth makes a big kite when the wind blows and it doesn’t have to be hurricane strength either. You need about 20 to 30 lbs. on each corner. Many booth events are on blacktop so you can’t use the handy stakes that come with the Pop-Ups to secure your booth against winds. Sandbags are available either from the Art Supply warehouse where you got your Pop-Up, or from the hardware store where you can also obtain clean, dry sand. You can also fill empty gallon milk cartons and use the handle to fasten to the legs of the booth.

Cash box: a locking cash box to keep change for cash sales and checks can be bought at the local office supply store.

Chair to sit in; while you will be spending a lot of time on your feet, it’s nice to have a place to sit down and relax so potential buyers don’t think you are just waiting to pounce.

Your work and any other items you plan to sell: Plastic boxes with good, snap-lock lids work really well to transport small items. They are waterproof and if you are doing a lot of events they hold up much better than cardboard. If you are going to be carrying your product in a pickup bed, make sure the lids of the boxes are fastened down and won’t blow open (bungee cords work well here). You will need either bubble wrap or some type of padding to wrap around or separate delicate items. For larger pieces of art such as framed paintings or photographs, I recommend that you carry them inside your vehicle (in which case they can be separated by large pieces of foam board or cardboard to prevent scratching the frames), or wrapped in bubble wrap. The thing you are most looking to prevent is damage caused by the items moving around when you stop, start and turn the vehicle. I also carry either a large, wide-tip marker in either brown or black to touch up frames.

A hand truck or dolly: You may have park some distance from your booth set up. While most places allow you to drive into the event area to set up your display, it might not be feasible for you to do so. A hand truck or dolly will enable you to haul your art, display stands and Pop-Up into the area without having to transport everything a piece at a time. This is a big plus because you may have a limited time in which to set up your booth.

A way to take debit or credit cards: If you want to make sales over $20, you will need either an I-Pad, I-Phone or some other brand of smart phone and the APP enabling either Square technology or PayPal. Both companies provide  a small square you can order off the internet free, attach it your smart phone  or tablet It’s small, portable and easy to learn to use. The company takes a small percentage of each sale as a fee (2.75% per swipe) and the money is in your account the next day. The site is  or check it out. Although other companies are beginning to develop this tech these both have a proven track record.

Sales Receipts, a calculator and bags: A receipt book is a handy way for you to keep track of cash sales. Don’t spend a lot on the bags; you can get small paper bags and larger plastic ones with handles at the local Dollar Store. A small printing calculator because some customers who buy large ticket items are going to want a printed receipt, even if you are also e-mailing them one.


Requirements for an Indoor event will be slightly different. Some indoor events will allow you a 10 x 10 area, but you may find the spaces allotted aren’t exactly that size or aren’t square, so there will be difficulty fitting the Pop-Up frame into the space. In addition, the top cover will keep the overhead lighting from coming through, and the ceiling in the room may not be high enough to accommodate your booth. Even if the cover is white, poor lighting will make your booth dark and unattractive. if the canvas or vinyl cover is removable and the ceiling is tall enough, you might still be able to use only the Pop-Ups frame.

Stand-alone display racks are best for an indoor event. I use the same 8’ wire closet shelving from the local hardware store I used for the outdoor event, except that I fasten them together in a shape instead of to the booth. An indoor event is more likely to be crowded than an outdoor one, so to prevent accidents if your display is bumped, I suggest that sandbags or weighted milk cartons be fastened inside the shape to prevent tipping if someone does bump into the display. However, you can purchase this type of display from Art Supply catalogs and warehouses.

If you use portable easels to display your work, they can serve the same function indoors as they did outdoors.

You will also be able to use the small tables with a nice tablecloth used in your outdoor display


If you do a lot of Church or School sponsored Boutiques, a Tabletop Event is the most common type. At a Tabletop, you are probably going to be given just enough space to set up one 8’x2.5’ table with room for a chair behind it, so be prepared to cut your display down and bring only what you consider the most “sellable” items.

When I go to an event, especially an Indoor event, I always ask for access to electricity. Since space is usually at a premium it is difficult to display a lot of large art so I seldom take many large pieces of art to these events anymore, instead I take a plug-in digital picture frame (you can do the same with either a laptop or a tablet) loaded with photos of my work. I have a power point presentation showing my work set to music. The moving slide show and music attract a lot of attention and I can display more art.

Remember to have fun and talk about your work.

Good Luck



Published September 11, 2017 by Gail Daley Writer & Artist

Why is it important for a writer to have a comfortable space to write? As a writer, I have to say that if I’m uncomfortable physically, it makes it much harder to concentrate on being creative. If I am in the creative zone, I may spend 10 or 12 hours at my terminal with only short breaks for food or to use the restroom. Fatigue or even repetitive motion injuries from typing on a regular keyboard or sitting in a poorly designed chair decreases my abilities and concentration. However, these things can be avoided with a few inexpensive fixes.

Several years ago, I was introduced to ‘ergonomic furniture and computer accessories”. What is that you say? Ergonomic furniture and accessories are designed to reduce physical stress on the person using them, and help prevent repetitive strain (Carpal tunnel) or musculoskeletal disorders in those of us who spend a lot of time at a computer screen. Which is something I badly needed because I do spend a lot of time on a computer terminal: I write fiction, I’m a blogger, I run two online/print newsletters, and I am webmaster for several web sites. In between that, I am also my husband’s office manager in his business.

This brings up a comparison point: which system provides more comfort; a PC or an Apple product. I ask this because some time ago we made the decision to switch from PC products, which is supported by Microsoft to Apple products because of the increased security from online malware they offer.  The relative freedom from Malware attacks does have a drawback. Unfortunately, while Apple is way out in front in designing products for mobile use, they are far behind the PC industry when it comes to ergonomic accessories for its users. In fact, they do not actually offer any ergonomic keyboards or mice in the Apple Store (or is it mouses when talking tech?). While there are companies who do manufacture ergonomic accessories that are compatible with Apple products, they don’t integrate as smoothly with Apple as does Apples own products. Apples products are usually rechargeable; sadly, the substitute stuff sold by other manufactures is not.  Keyboards and mice are either plug in or if they are wireless, they require batteries.

Is it worth it? Well, that depends on how much your hands and wrists begin to hurt using a non-ergonomic keyboard for lengthy periods. The difference in appearance between a standard keyboard and an ergonomic one is obvious once you have seen or used one. The standard keyboard is flat and rectangular, whereas an ergonomic keyboard actually looks quite different. While it is still longer than it is wide, an ergonomic keyboard is slightly curved, allowing the user’s hands to rest at a more natural angle when typing. The keys are also slightly larger with a tiny bit more space between them. As you can see, Ergonomic keyboards also come with a wrist support.

I did a run on the internet and three Ergonomic keyboards that came most highly recommended on the reviews on Amazon are shown here. However, all the reviews did mention that not all of the keys were functional straight out of the box, but with the additional purchase of USB Overdrive (free program app) the keys worked fine. This was an overall view expressed on all of the keyboards I found.

This item Perixx PERIBOARD-512II W, Ergonomic Split Keyboard – White – Natural Ergonomic Design – Wired USB Interface – Recommended with Repetitive Stress Injuries RSI User. This one retails at about $50.00. 4 ½ stars on Amazon

Logitech Mk550 Wave Wireless Keyboard/Mouse Combo (It got 4 ½ stars on Amazon). This one retails out at about $50.00 on Logitech is one of the most trusted computer accessory brands worldwide.


Adesso Tru-Form Media Contoured Ergonomic Keyboard (PCK-208B) got 4 stars on Amazon. This was the least expensive one of the three ($30). It was specifically mentioned however that this keyboard was not good for gaming.



Published September 4, 2017 by Gail Daley Writer & Artist

By the Practical Artist

This is the time of year when creatives like us get tapped to donate our work to worthy causes. The phone rings, and some well-meaning fundraiser on the other end wants you to donate a work of art to their charity auction. Usually this goodhearted fundraiser will promise you a tax deduction, great exposure, enhanced publicity, and public exposure if you agree; sadly, most volunteer fundraisers don’t know what they are talking about as far as the actual benefits to you as an artist. Should you do it? This really depends on several things; how much do you support the cause itself? Are the benefits going to out-weigh the costs?

Well lets deal with the tax deduction benefit first. It’s not great. Generally speaking, you as the artist are allowed to deduct only the cost of creation (materials, etc.) unless you have had an appraisal done by a qualified art expert. This is no problem if you are a big name artist whose art is going to bring in thousands of dollars to the charity because the charity will usually have the art appraised by their expert, which you can then attach to your taxes. However, if you are donating to your child’s school, your church, local hospital, etc. chances are the charity is not going to pay for this appraisal because they can’t afford it. Sometimes the charity is worthwhile (in fact most of the time), but unless they follow my rules for donation, what they are really doing is training whoever comes to their event to devalue my art and disrespect me as an artist. This may sound really harsh but it has been proven to be true.

The next two items typically promoted by fundraisers are “enhanced publicity and public exposure” which sounds really good, but what exactly are they actually talking about? A line in the auction catalog and announcing your name when they bring up your art? Please. Remember that most of the fundraisers who do telephone contacts are volunteers with no actual experience in the field. In other words they really have no idea what they are talking about. Enhanced publicity should mean your name in the newspaper, on the radio or on the charity’s Facebook page with a link to your website. Public exposure should mean that instead of just pointing to your art and asking for bids, the auctioneer talks about you, what awards you’ve won, how good the art is, etc. to encourage the audience to bid higher. He or she should also mention your web site, and the brochures advertising you as an artist, which should have been available when the bidders were doing the walk-through.

Predictably, at most of these charity events, they practically give away the art because the bidders are not art collectors, they are there to support the charity and are looking for two things—something they can afford to bid on to satisfy their tax deduction and to support the charity. A lot of them might be even comparing your fine art to canvas prints they can get at a department store! Auctioning your art for much less than you normally sell for undermines the art market in general, and makes it seem as if the artist (you!) didn’t deserve the real selling price. Another negative side effect is to encourage your regular collectors and potential buyers to wait for events like this to buy your art cheaper than they could if they purchased it directly from you.

The “public exposure” thing is problematical; unless the auctioneer makes a really big deal about your art business and how valuable your work is, everyone present is likely to still think you have a nice hobby. I was once asked by my church to design a poster/logo for a women’s retreat. When the event coordinators husband saw it he remarked to her that it looked like a “real” artist had done it. I find that no matter how good the art I donate to their event is, my circle of acquaintances in my church, my children’s school and my family almost all still believe that my art is a hobby, so I don’t donate unless the charity agrees to the following ground rules:


  • I set a minimum price for original art. If it doesn’t sell, I get it back. This is absolutely essential because unless you have an appraisal from a respectable appraiser attached to the art; all that you can take off on your taxes is the cost of material used to create the art.
  • I qualify the event by making sure there will be folks there who can actually afford to purchase the art (this means getting actual names of who will be attending or at least who has been invited), and that the event will be well publicized: this means actual ads on TV, Internet, and Radio, hopefully with a mention of the art you are donating.

Once charities learned I stuck to these rules, I found that the requests dropped off dramatically. This doesn’t mean that I am wholly against art donations; I do donate my art to worthwhile charities, but I find that it usually pays better tax deduction-wise to donate a good quality print than the original. If you donate a print, you can deduct the entire printing cost, framing and matting which is a much better deal for tax purposes. To sweeten the pot for prospective buyers, I do always sign prints that I donate, and make sure I tape information about myself, my website and the art to the back of the print.
Good Luck


World Building For All Genres – Guest Post by Diana Peach

Published September 3, 2017 by Gail Daley Writer & Artist

As a fantasy/science-fiction writer, I’ve stacked up a bit of experience with world-building that I’ve wanted to share, and The Story-Reading Ape’s blog is the perfect venue. Now don’t run away if you don’t write speculative fiction. Clearly, world-building is a key part of bringing fantasy and science-fiction stories to life, but it plays a […]

via World-building: Settings for all Genres – Guest Post by, Diana Peach… — Chris The Story Reading Ape’s Blog

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