legal issues

All posts tagged legal issues

LOCAL ELEPHANT DUNG

Published September 2, 2019 by Gail Daley Writer & Artist

While I created this blog specifically for the City and County in which I live, it can apply equally to anywhere or anywhen in America.

Let’s talk about that huge pile of elephant dung in the middle of the room; namely, that adults in my community of Fresno and Clovis as well as elsewhere who were educated in our public schools consider a print or statue from Target or Wal-Mart to be worth as much as an original painting or sculpture from a local artist. Why is this? Well, I believe it is because they don’t think of art or paintings as a cultural medium, but as mere decorator objects. I think this belief was created because they were not taught to appreciate art as children, either from parents (who probably weren’t taught it either) or exposed to the idea of art and music as cultural mediums enriching society in the local schools. Why don’t we teach the appreciation of arts and music to our young people here in our public schools? The dirty little secret is Money.

Despite numerous studies showing that students who are consistently exposed to and taught to appreciate art and music do better scholastically in Math and Science, Art and Music  subjects always get the short straw when it comes to allocating school funds. Art and Music are “soft” subjects and consequently hard to measure on tests. We do need both math and science in order to compete in a technological world. However, it is well established that in spite of spending more money per student than any other state, California students continue to fall behind not only national, but also world,averages and I believe that is due to poor emphasis on the subjects of art and music.

What do children learn from the arts? Well of course, the number one thing is creativity. Creativity doesn’t just mean you can draw, paint, or blow a horn. A creative thinker is a ‘MacGyver’. A creative thinker can be given a problem and come up with an independent solution that might not have been tried before. Children in the arts also learn to keep trying even if they are less than successful in the beginning, because they know they will get better. All they need to be able to do is focus in on their goal. Because they know they will get better, they learn to accept and value constructive criticism. Many art disciplines such as theatre and music require cooperation with other people, which teaches children that their actions affect others. This teaches accountability. I believe that until our schools are committed to giving our young people a well-rounded appreciation of art and music as well as math, science and sports, our graduating students are going to continue to fall further and further behind the national standard. Creativity teaches independent thinking and without independent thinkers, we have no future leaders, only little robots who can recite by rote the party line without once understanding or considering the consequences. What do youthink?

Now, of course if asked, county and State Schools administrations will agree, “There ought to be an art or a music class taught”. Nevertheless, this isn’t really happening and the classes that aretaught don’t really address the problem. A single class that lets students play around with band instruments won’t teach our children to appreciate different types of music and its contributions to our culture. Neither will a class allowing students to draw pictures, although both of the options are a good start in the right direction. Art and Music must be integratedinto all our subjects in order for our children to learn how valuable they really are. For instance, you can’t study Greek and Roman historical contributions without being exposed to their art and music as well. American history should include more than a paragraph mentioning Francis Scott Key’s National Anthem! A study of the American Revolution should include the contributions made by American artists in getting the message out to colonists. Many musical notes are based on mathematical formulas, but is this taught in math? Architectural structures, roads and bridges are part art, part geometry is this taught in geometry? I could go on and on, but I hope you get the point.

The best way to raise art awareness was to put art out in places where John and Mary Public can take their children to see it. In Fresno, do have an art event three times a month called Art Hop, where the public is encouraged to tour homegrown galleries, restaurants and businesses that hang art by local artists. Taking the bus tour once a month would be a wonderful opportunity to raise art awareness if we could persuade our local parents and 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. I believe this needs to be joint efforts by artists, parents and schools to help our young people do better scholastically by immersing them in Art and culture. I encourage you to take up the challenge in your community. It seems to me that the chief issue here is a generally held opinion that prominent artists are only found in certain regions. This is simply not true; while a Thomas Kincade or a Bev Doolittle may not live in your community, it would be wise to check out exactly who does. For instance, my area of 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?

 

DO I NEED INSURANCE?

Published February 16, 2019 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.

DO I NEED ADDITIONAL COVERAGE IF I AM WORKING OUT OF MY HOME? 

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!

HOW DO YOU FIND AFFORDABLE ART INSURANCE COVERAGE?

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.

QUESTIONS TO ASK THE CARRIER

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.

INSURANCE REQUIREMENTS FOR BOOTH EVENTS:

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!

Using Celebrities As Art Subjects

Published March 20, 2017 by Gail Daley Writer & Artist

The Practical Artist’s Blog

http://www.thepracticalartist.com/the-practical-artists-blog.php

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 are the 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 law based right, as opposed to federal based right, and recognition of the right can vary from state to state. The Celebrities Rights Act was passed in California in 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 you of 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 celebrity depiction …

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

 

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