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Art Marketing Ideas and Straight Talk about Selling Art, Marketing, Inspiration & Fine Living




Art and Law: What should you do if a gallery refuses to pay?

by Brian Sherwin on 7/3/2013 8:18:49 AM

I see nothing wrong with exposing a gallery after it has refused to pay an artist his or her percentage. That said, I would make sure to obtain payment -- by legal force if needed -- before 'blasting' the gallery head-on. You, the artist, don't want the gallery to claim that your criticism has hurt their business (which can lead to a lawsuit against YOU) until you can prove -- with legal backing --that their practice is unethical AND has harmed YOUR business. It is best to have solid proof that the gallery has treated you unfairly as a business partner before 'going public'. It pays to be tactful. [...]

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Donating Art: Art donations and charity auctions

by Brian Sherwin on 5/26/2013 5:24:33 PM

It is not uncommon for organizations (specifically arts organizations) to hold fundraising auctions in order to secure extra funding. I applaud those efforts. However, these auctions often involve donated artwork – the result of a 'flood' of donation requests sent to various artists. There is only one problem with this process – several problems, actually. [...]

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Art World Problems: Some more thoughts about Richard Prince, Patrick Cariou, and copyright - Part 2

by Brian Sherwin on 5/8/2013 1:56:39 AM

There are millions of public domain and Creative Commons images (many of which are free to use) in existence today. You could easily spend a lifetime viewing them all. Yet Richard Prince targeted specific copyrighted images created by Patrick Cariou. Considering all of the free possibilities that exist today... it is clear that Patrick Cariou's copyrighted images are a vital part of the images created by Richard Prince. It is a shame that Prince could not admit that outright. He disrespected Cariou... chipping at his own integrity in the process. [...]

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Art World Problems: Artist Richard Prince wins appeal in landmark copyright case

by Brian Sherwin on 4/26/2013 11:31:56 AM

This ruling won't serve the majority of artists. After all, most artists don't rely heavily on direct appropriation in the first place. In other words, I would argue that the majority of artists don't work from images they find online or elsewhere. This ruling serves a small percentage of artists... in some cases supporting their market while hampering YOUR market. I will go as far as to suggest that court rulings like this are a direct attack on self-representing artists. Pointblank, this decision is a major defeat for the majority of artists working today. [...]

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Art and Business: Why do art galleries refuse to share their client list with represented artists? Part 2

by Brian Sherwin on 2/22/2013 8:31:20 PM

Art galleries are protective of their client lists for several reasons. There are financial and legal factors to consider. Keep that in mind before assuming that a gallery is 'out to cheat' artists by 'hiding' the client list. [...]

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Art Market Transparency: Should artists be open about their past and present art pricing? Part 1

by Brian Sherwin on 2/7/2013 1:20:05 AM

The market transparency offered by listing art prices allows art buyers to make informed purchases -- consumers, in general, desire access to information. Art buyers are no different... they want, as the Informed Collector newsletter stresses, information. It is up to YOU to provide them with specific details -- including pricing. [...]

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Art Market Regulation: Does consumer discrimination exist in the art world?

by Brian Sherwin on 2/4/2013 10:01:44 PM

Some critics feel that the United States art market needs to be regulated by the government in order to halt what has been described as rampant consumer discrimination. I can't help but wonder if these arguments will eventually be applied to self-representing artists and the way they conduct business. [...]

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Some Thoughts Concerning International Copyright

by Brian Sherwin on 11/30/2012 1:36:20 AM

'international copyright', as in a single copyright that protects your artwork throughout the world, technically does not exist. However, international copyright conventions and treaties DO exist. [...]

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Art Forgery: Some basics concerning art fraud prosecution

by Brian Sherwin on 4/8/2012 11:29:47 PM

It can be hard to 'hit' individuals legally with art fraud / forgery allegations compared to challenging them over alleged copyright infringement. With art forgery -- you will likely have to persuade duped art buyers to take legal action. [...]

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Making a Mockery of Fair Use and Creative Freedom: Artist Shepard Fairey pleads guilty to criminal contempt over fake evidence

by Brian Sherwin on 2/25/2012 9:02:56 AM

Shepard Fairey has damaged his legacy -- there is no denying that. That is something he will have to live with (and something other artists should learn from). [...]

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Artists upset with Pinterest over copyright issues and alleged copyright infringement?

by Brian Sherwin on 2/22/2012 12:32:57 PM

It has come to my attention that some artists are annoyed by Pinterest regarding copyright. [...]

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The Stop Online Piracy Act (SOPA) would 'kill' online art communities and art blogs

by Brian Sherwin on 1/18/2012 10:08:20 PM

I have to agree that SOPA is dangerous based on what I've read so far. If passed it would 'kill' online art communities and art blogs -- the conversation about art that we love today would be gone... along with the wider conversation in general. [...]

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The United States Copyright Office is seeking remedies for copyright small claims -- they want YOUR feedback

by Brian Sherwin on 1/12/2012 5:28:12 AM
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The United States Copyright Office is currently seeking feedback from visual artists and other copyright owners concerning a remedy for problems involving small claims copyright disputes. [...]

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The One Thing Appropriation Artists Don't Want to Talk About: Is legal support for appropriation art about creativity or money? Part 2

by Brian Sherwin on 1/6/2012 12:52:04 PM

We all know that this 'battle' is not over 'creative freedom' -- it is about money. [...]

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The One Thing Appropriation Artists Don't Want to Talk About: Is legal support for appropriation art about creativity or money? Part 1

by Brian Sherwin on 1/5/2012 3:53:01 AM
Comment on this

Only one side of this argument benefits financially from a wide interpretation of the concept of 'fair use' -- this 'fight' is NOT about 'creative freedom'... it is about profit. This 'battle' is about money. [...]

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The Risk of Exhibiting Controversial Art

by Brian Sherwin on 12/19/2011 5:55:29 PM

Artists and exhibit / lecture organizers have been sued for exhibiting controversial art. A story from 1999 is a good reminder of that -- a reminder of the risk of exhibiting (even if in the form of a university art lecture) controversial art. [...]

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Basics for the Newbie: Do I Need a Business License?

by Carolyn Henderson on 11/22/2011 9:28:54 AM

Is this confusing? You bet, we’re talking government here. Is this overwhelming? Seems like it, a lot of times. Is this impossible? No [...]

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Of Art Movements and Trademarks...

by Brian Sherwin on 11/7/2011 6:11:53 AM
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What happens if a group of artists successfully strengthen the recognition of an art movement they helped spur only to be told later that they can't use the name of the art movement during exhibits or in the press because it is protected by trademark law -- controlled by someone outside of the movement OR by someone who was not a founding member? [...]

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Copyright Registration: Some thoughts on registering a series of paintings

by Brian Sherwin on 9/11/2011 10:42:19 PM

I'm finding that many artists are concerned with how the price of registering individual works of art can add up. Thus, registering a series of paintings as a collection is far more affordable than registering the images individually. [...]

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Art4Love Whistleblower Speaks out Against Chad Love Lieberman: Art4Love I and Art4Love II?

by Brian Sherwin on 9/4/2011 5:31:29 PM

I recently received contact from one of the employees who, while working for the company, helped to establish Art4Love. He wanted to help blow the whistle on Chad Love Lieberman -- and further expose the Art4Love copyright infringement scandal -- while at the same time making it clear that Art4Love was originally a legitimate online art business compared to the allegations the website is facing now-- and that others directly or indirectly associated with the website are victims of Lieberman's arrogance and unethical business practices. In fact, the employee informed me that he was "duped into believing it (Art4Love) was a legit company until late 2005.". [...]

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What Artists should learn from the Art4Love Scandal: Busting the myths of copyright infringement Part 4 -- Fair Use

by Brian Sherwin on 9/3/2011 6:26:03 PM
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The fair use doctrine is important -- but it is NOT a guarantee nor is it a legal right, technically speaking. It is a defense -- a defense of serious allegations that could result in massive fines and jail time. Yes, you could end up in major debt and in prison for copyright infringement. I know some will say, "The penalties don't fit the crime." -- to that I ask, "Why did they commit the crime in the first place?". Perhaps reform is needed -- but I promise you that some of us will never allow copyright to be weakened to the point of being useless. Artists, and others -- including corporations -- should have the right to protect their market when needed. [...]

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Why has the media and influential art blogs dropped the ball on the Art4Love - Chad Love Lieberman scandal?

by Brian Sherwin on 9/1/2011 10:19:08 PM

Having worked within the industry of commercial art sites for 7 years I realize how important it is for the community to expose sites like Art4Love. After all, it has been a long uphill battle for commercial art sites, in general, to find acceptance within the mainstream art world. The actions of individuals such as Chad Love Lieberman and Craig Pravda does not help art sites in general to gain ground. Their actions slap the face of legitimate online art businesses. That, in itself, is "news worthy" in my opinion. [...]

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The Art4Love Scandal Widens: Artists are not the only victims of Chad Love Lieberman

by Brian Sherwin on 8/30/2011 3:14:21 PM

I have discovered that many of the business partnerships that Art4Love has claimed to have in the past are fraudulent claims. In other words, Art4Love released unauthorized press releases involving companies that in reality had no real connection to Art4Love Inc.,. Digging deeper I have discovered that some of the direct business associations that Chad Love Lieberman has claimed to have are in fact false. [...]

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Art4Love Scandal Update: The strange tale of Art4Love, Chad Love-Lieberman and Craig Pravda

by Brian Sherwin on 8/25/2011 11:10:06 PM

Chad Love Lieberman since as early as 2005. I felt that it was important to inform these companies of the alleged copyright infringement involving artists from deviantART and to find out -- due to Mr. Love Lieberman's huge claims -- if in fact a partnership existed. What am I finding out? The alleged fraud committed by the owners of Art4Love goes much deeper than what many first expected. [...]

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What Artists should Learn from the Art4Love Scandal: Busting the myths of copyright infringement Part 2 -- Copyright Registration

by Brian Sherwin on 8/23/2011 6:57:39 PM

As I mentioned in Part 1 of this series I have written extensively about copyright registration in the past, including an article on FineArtViews about the importance of copyright registration in regard to protecting yourself as well as your collectors. The topic is a staple among art marketing writers in general -- but for whatever reason, many artists are confused about copyright registration. [...]

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