Artists In Florida Offer Presentation Regarding Legal Issues For Creatives, Artists, Musicians And Photographers At Galleria Gilda

Artists in Florida has invited Phil DiComo and Leslie Adams attorneys with the firm Haile Shaw & Pfaffenberger to give a short talk and answer some of your questions regarding the legal issues of creating, showing and selling your work. They will cover Contract and Copyright for Creative, Artists, Musicians and Photographers.  The presentation is $5 per person either prepaid online or cash at the door, but you MUST RSVP.  The Rickie Report shares the details here.

 

ArtInFL.Logo2

ARTISTS IN FLORIDA, LLC

&

GALLERIA GILDA

2211 North Dixie Highway Lake Worth, FL 33460
561-839-3054

Wed. – Sat. 11am – 6pm
Sun. 1 – 5pm
Mon. & Tues. Gallery closed for workshops

Presents:

“Contract and Copyright for Creatives,

Artists, Musicians and Photographers”

Thursday, September 15th

7 – 9 PM

This presentation is $5. per person

Either prepay online or cash at the door

You MUST R.S.V.P.

info@artinfl.org or 561-714-4871

 

 

ArtistsinFLCopyright Meeting Flyer

 

Hours:

Tuesday – Saturday 11am to 6pm, Sunday 1pm to 5pm.

Please visit with our staff and see what Galleria Gilda is all about!

For more information, including class schedules:

Visit our website at www.artinfl.org

or email

info@artinfl.org

 

 

 

 

For coverage of your events, to place an advertisement, or speak to Rickie about appearing in The Rickie Report, contact:

Rickie Leiter, Publisher

The Rickie Report

Rickie@therickiereport.com

561-537-0291

Good Business Practices: Protecting Your Artwork On The Internet

With today’s technology, artists are no longer constrained to showing their work in galleries. Exhibiting your art on the Internet literally opens up a whole world of potential clients. But at what risk? The Rickie Report welcomes Attorney Matthew Harrison, as he writes this Guest Column about protecting your artwork on the Internet.  Matthew Harrison is a leading expert on the legal issues regarding photography and other visual arts. His specialties include copyright and trademark matters, release forms, and the potential legal pitfalls of using the Internet for self promotion. While he maintains a practice in Massachusetts, all of the topics written about either apply nationally or are specifically written for the Florida artist.  

 

 

THE INTERNET AS A DOUBLE EDGED SWORD:

Protect yourself while getting the most out of the promotional opportunities

By Matthew B. Harrison, esq.

 

How many of you display your work on your own website? Facebook? Tumblr? Pinterest? Twitter? Instagram?

 

 

 

The Internet can be an amazingly inexpensive way for you, as a artist, to 1) be able to showcase your work and 2) hopefully bring in potential business through these self-promotional efforts. However, before you run out and post your work everywhere, I would like you to think about protecting yourself and your property, so that you do not end up falling into the group that answers affirmatively to the next question.

 

 

 

Of those who do display their work online – how many of you have had the pleasant experience of surfing the web and seeing your artwork somewhere without your permission? It may not happen for all artists… but it happens to visual artists more than any of us would like to admit. You need to be aware of this phenomenon so that you can adequately protect yourself.

 

 

As a point of reference, this article is about non-commercial use of the image by an unauthorized party as opposed to a commercial use. Unauthorized commercial use is an entirely different animal and may be outlined in future articles.

Here’s one example… shifting point of view to the viewer.

 

Pretend for a minute that you are not the intelligent and informed reader of The Rickie Report that you are, but instead are “my cousin Vinny.” While he may think he is of sound legal mind, he is not a lawyer. He’s just a normal guy who doesn’t really know much about anything – and even less about technology. He may know what a computer is – but his main purpose for using it is the access to free adult material.

 

 

So while I can write about copyright protection until the cows come home, and declare by edict that materials on the Internet cannot be used without permission – do you think that “my cousin Vinny” is going to listen to what I am talking about – let alone follow by my words? Not a chance – even if I had a scantily clad model holding up a giant sign.

 

 

But Vinny! You are committing a copyright violation by taking that image off someone else’s website and posting it on your page – or sending it out via email to your buddies – or even using it on your desktop as a background image. His actual response: (after the shut up kid… you bother me) “Hey… I got it for free on the Internet… If they didn’t want me to have it, why would they put it out there?”

 

What Vinny is trying to get at is a fair use argument. Does his justification have merit? Perhaps. That’s a simplistic look. It gets complicated. What about the budding photographer who shoots a wedding inexpensively thinking that some of the cost will be made up in print sales, and the bride and groom don’t order prints and take the web sized proof images that they feel they paid for and put them all over Facebook.

 

Is it appropriate to put online / social network usage as a separate line item in an invoice?

What is fair use?

 

 

Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist’s work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work.

 

 

So what is Fair Use? The only guidance is provided by a set of fair use factors outlined in the copyright law. These factors are weighed in each case to determine whether or not a specific use qualifies as a fair use. For example, one important factor is whether the potentially infringing use will deprive the copyright owner of income. It seems straight forward, but unfortunately, weighing the fair use factors is often quite subjective. For this reason, the fair use road map is often tricky to navigate.

 

 

The Fair Use statute: The doctrine of fair use developed over the years as courts tried to balance the rights of copyright owners with society’s interest in allowing copying in certain, limited circumstances. This doctrine has at its core a fundamental belief that not all copying should be banned, particularly in socially important endeavors such as criticism, news reporting, teaching, and research. Under the Act, four factors are to be considered in order to determine whether a specific action is to be considered a “fair use.”

 

 

These factors are as follows:

• The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
• The nature of the copyrighted work;
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
• The effect of the use upon the potential market for or value of the copyrighted work.

 

 

So getting back to Vinny – if a work is freely available on the internet – making a copy will have little or no effect on its market simply because no commercial market for the work has been established or claimed… and that is not good for the photographer or artist who gets ripped off from someone like Vinny. It means that as long as you were not selling the particular image copied (in the form that was copied) whoever did the copying has a pretty strong argument for a fair use defense.

 

 

Getting back to the Facebook example – if a person’s usage is only on their Facebook profile, and it’s the same web sized image that had been presented to them as a proof, it would be hard to argue that the intent was copyright protection. So how do you protect yourself from falling into the trap of a fair use argument?

 

 

While I hate to say this because as an artist myself the following advice pains me…

An artist NEEDS to identify their work and claim the value of it on their website. One way to identify the owner of the work is to watermark the image; and if you really want to protect yourself at the cost of devaluing the overall aesthetic of the image – the watermark should be towards the center of the image so that it cannot be cropped off. By doing this – it is painfully obvious that the work belongs to someone.

 

By offering licensing to use the image, or making the image for sale in the form of a print on your website, you are evidencing actual financial value to the image on the site – and to any reproduction made by the image. This will, in the least, provide you with an argument against a proposed fair use defense that an infringer may have.

 

 

Matthew B. Harrison, an entertainment and media attorney, is a senior partner with the Harrison Legal Group based in Springfield, Massachusetts.

He can be reached by phone at 413-565-5413 or e-mailed at matthew@matthewharrison.com.

You can also see some of his adventures and explorations with fine art photography at filmandvinyl.com   

He can be reached via the web @photosandthelaw.com

 

 

For coverage of your events, to place an advertisement, or speak to Rickie about appearing in The Rickie Report, contact:

Rickie Leiter, Publisher

The Rickie Report

P.O.Box 33423

Palm Beach Gardens, FL 33420

Rickie@therickiereport.com

561-537-0291

Griffin Gallery Shares Southwest Artifacts and Addresses Safe Collecting Tips from Dennis Gaffney of Antique’s Roadshow

The Griffin Gallery Ancient Art proudly invites you to its newest exhibition, “The Ceramics of Our Native Land” which will offer Southwest artifacts, including some Tularosa Basin pottery pieces.  This event is FREE and Open to the Public.  Griffin Gallery also shares some safety tips for collecting artifacts, written by Dennis Gaffney (Antique’s Roadshow).  The Rickie Report shares the details.

 

 

 

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“CERAMICS OF OUR NATIVE LAND”

FEATURING TULAROSA BASIN POTTERY

& OTHER SOUTHWEST ARTIFACTS

 

Thursday, October 9, 2014

5:00 P.M. until 7:00 P.M.

The exhibition continues through November 13, 2014.

 

Gallery Center, 608 Banyan Trail

Boca Raton, FL 33431

561.994.0811

 

 

 

 

 

 

 

Tularosa Grouping from Griffin Gallery

Tularosa Grouping from Griffin Gallery

 

The Griffin Gallery is open Tuesday through Saturday 10:30 A.M. until 5 P.M., Monday by appointment only and closed Sunday.

 

 

Tips of the Trade:  Safely Collecting Indian Artifacts
By Dennis Gaffney  Antique’s Roadshow    February 26, 2001

 

 

For new and seasoned collectors alike, a simple primer on the legal and ethical issues that surround Native American collecting.  Collectors with an eye for beauty and history have long been lured by the power of Native American artifacts. People have brought examples of these to ANTIQUES ROADSHOW, including pre-historic objects once placed in ancient graves as burial offerings, such as Southwest Anasazi pots.

 

 

While Indian artifacts old and new are among the most sought-after collectibles on the market today, the controversial selling of funereal objects leads ANTIQUES ROADSHOW appraiser Bruce Shackelford, an independent San Antonio appraiser and consultant who deals with Indian art and culture, to call it “a dangerous field to collect in.” That’s because laws on the books—and ethical issues brought to the fore by Native American groups—have raised important legal and moral issues about collecting Native American objects. Here we’ve put together a simple primer on the laws governing Native American collecting to help new and seasoned collectors alike navigate legally and ethically in this field.

 

 

Illegal Goods

A series of laws passed in 1906, 1966, 1979, and 1992 forbid the taking of Native American artifacts from federal land, including national forests, parks and Bureau of Land Management land, unless granted a permit to do so. Over the years, states have passed their own laws that restrict the taking of Native American objects from state land, echoing the federal laws. There are also laws that deal with pre-Columbian art and taking native works out of other countries.
Ed Wade is senior vice president at the Museum of Northern Arizona, a private institution in Flagstaff that has a repository of over 2 million Native American artifacts. Ed explains that these laws were enacted to restrict “pot hunting,” the illegal excavation and sale of Native American objects. Under these laws, those who dig up artifacts from federal or state lands can be fined hundreds of thousands of dollars and can also be prosecuted and sent to jail.

If someone knowingly or even unknowingly purchases these illegally excavated objects, Ed says federal or state officials might seize them without giving any financial compensation.

 

Expensive Art Breeds Shady Sellers

Bruce says that enforcement of these laws has been stepped up in recent years because the potential to make money from these archaeological treasures has expanded. “Pieces that have once sold for $50 now sell for thousands,” Bruce says. “There’s a large market for Indian artifacts in the decorator crowd. A lot of people who grew up with little Anasazi bowls on the coffee table now want bigger bowls to fill up large Southwest-style houses.”
Ed notes that prices on Indian artifacts above $5,000 are commonplace, with some of the rarest objects selling routinely for half-a-million dollars. Unfortunately, jacked up demand for these beautiful objects has created an incentive for people to excavate them illegally.

 

Grave Robbing

Pot hunters know that they are likely to find the best objects at Indian graves. “Pieces from the graves tend to be the more spectacular ones,” Bruce says. “Native Americans buried their better pieces in graves, so they are often protected from use and tend to survive in a more complete state.” At the Austin ANTIQUES ROADSHOW Bruce saw two Anasazi pots that were between 800 and 1,200 years old. One of the pots had what is called a “kill hole,” made in a pot when it was buried in order to release the spirit from the pot. The existence of this hole in a pot indicates that it was ritually buried.

 

If artifacts such as the two Anasazi pots were to be dug up on federal lands today, under existing law, it would certainly be illegal to sell them. But even if bought prior to the 1906 passage of the first federal law restricting removal of Indian property from federal lands—as these were in the late 1800s—it should not be assumed that such artifacts are legally marketable today. In many cases they are not. Legal or illegal, moreover, buying and selling artifacts that were originally taken from burial sites also raises serious ethical issues. “All cultures have taken part in grave robbing,” Ed explains. “The question is, ‘Is it ethical?’ If we saw people digging in our family plots we’d probably be very upset.” Ed adds that by digging up the burial grounds we’re “damaging someone’s last wish” and also interfering with the Native American expectation that they will “arrive at a better place.”

 

How To Protect Yourself

Whatever one decides is ethical, collectors need to protect themselves from the law. Bruce recommends you check the laws with your local museum, if it has a major Native American collection, or with reputable dealers, scholars and appraisers before you make a purchase. Ed suggests buyers always make sure to get a letter of certification that authenticates where an object came from and when it was found.  “That way, if someone lies, you can sue them,” says Ed, who emphasizes that it is worth getting these for less expensive objects as well, because they will inevitably appreciate in value. “If your son inherits a piece and wants to sell it in 20 years,” Ed explains. “A museum won’t be able to take it if there’s no documentation.” Ed says that buying these objects blind is the equivalent of “buying a car or a house without a title.”

 

Bruce emphasizes the importance of dealing with reputable dealers. He gives the lover of Native American artifacts clear advice. “If someone can’t tell you where an object came from and how it was acquired, don’t buy it,” he says. Bruce also notes that there are plenty of beautiful—and safe—Native American materials on the market, such as clothing, or pottery made by contemporary Native American craftsmen.

 Note: This article was updated on May 30, 2003, to clarify information in the “Grave Robbing” section about burial artifacts excavated from U.S. federal land prior to 1906.

 

Griffin Gallery specializes in museum quality Ancient Art. Our holdings include over five hundred authentic artifacts that reflect a spectrum of the cultures of Antiquity in addition to Contemporary Fine Works of Art. Among our treasures are pieces from Greece, Rome, Egypt, the Far East, the Near East, the Holy Land, Pre-Columbian cultures, and pre historic Native America.

Sponsored by: Beiner,Inkeles & Horvitz, P.A. 2000 Glades Road, Ste. 110, Boca Raton, FL, 33431, (561) 750-1800  

Works cited: http://www.pbs.org/wgbh/roadshow/tips/indianartifacts.html

 

For more information about the Griffin Gallery Ancient Art located at Gallery Center, 608 Banyan Trail Boca Raton, FL 33431  please call: 561.994.0811  or fax: 561.994.1855  or visit www.griffingallery.net   or email: griffingallery18@yahoo.com

 

For coverage of your events, to place an advertisement, or speak to Rickie about appearing in The Rickie Report, contact The Rickie Report at:

Rickie Leiter, Publisher
The Rickie Report
P.O.Box 33423
Palm Beach Gardens, FL 33420
Rickie@therickiereport.com
561-537-0291