Friday, November 14, 2014

Artist Tips: Original Work in Art Shows


Several artists have asked me in the last few weeks about “originality” and how it relates to entering artwork into shows. So many artists misunderstand rules in art shows because they are vague and poorly written, and often times, the art show chairmen don’t understand the concept enough themselves to write clear rules about it. So, I’ve posted a conversation I recently had with one of my readers in hopes that it will help clear things up for other artists and show chairmen.

 Dear Annie,
I haven't shown my work except for my art group's art show. However, the comments you mentioned in your article seem to be common sense to me. One question about source material. Can you use someone else's photo if you get permission from that person...say if it's a friend?

Annie Strack:  That would depend on a show's rules. Each show has their own rules, although you often see the same rules with just slight variations in many shows. For the most part, most shows put it in writing that the entry "must be the original creation of the artist," and many get much more specific and state that any reference material used must also be the original creation of the artist. Many smaller shows and non-juried shows allow artists to more leeway when entering, but competition is pretty stiff in the more prestigious shows, and artists are usually required to develop and work with their own reference material for their paintings.

(Students in an Annie Strack Workshop in Delaware)

 Question:  So...better just to stay with your own reference material and not have to worry about it, huh.
 Annie Strack:  Exactly! Although not all shows require artists to use their own reference material, it's better to always use your own and then you won't be limited from entering any shows.
(Students in an Annie Strack Workshop in Mississippi)
 Question:  Annie, I have another question about this. It is an argument I hear in my painting group quite often and it is something to the effect that it isn't "copying" if you change...I think it's something like 25% of the image used. So the idea is that you can crop an image substantially or paint only a portion of it. Does this hold any water with art show jurors?
Annie Strack:  I hear that all the time, too, and it's completely false. Copyright infringement is a Civil law issue. If an artist thinks they've been copied, She can sue the copier. Each case is argued and determined individually -- there is no set formula like a simple math equation. If someone, anyone, can recognize the work of another in an artwork, then the injured artist could lawyer up and file a suit, or even just threaten.

(Students in an Annie Strack workshop in Madisonville)

But this has nothing to do with art shows -- despite what some ill-informed art show chairs believe. Art shows are not courts of law, and art show chairs and committees have no right to determine what is - or is not - protected by copyrights. Many show chairs and committees confuse the words "original" and "copyright." This is where the question of using someone’s photo with permission creates confusion -- is it copyright infringement? -- no, not with permission. But -- is it original? -- no. 
(juror Annie Strack handing out awards)

Art shows must write concise rules and then follow them, and if they do not write something into their rules then they cannot punish an entrant for it. Show rules have to specifically state what can or can't be entered -- rules cannot be added or changed after the entries are received, nor can they be enforced retroactively. For instance, if an art show doesn't state that artwork must be original, then they must not reject something that is copied. Many artists are students, and they enter work in smaller local or school shows that they did in classes or workshops.  

(Students in an Annie Strack workshop in Baton Rouge)

Feedback from outside sources such as local shows is important for amateur and student artists so that they can continue to learn and grow. It is quite common for these types of shows to accept copied work, especially from students. My own students often exhibit work they’ve done in my classes, and I’m quite flattered by it (Although, I’m not flattered when I see copies of my paintings by artists who don’t acknowledge or credit me as the original artist!).  


(a few of my own awards on display in my studio)

Generally, the smaller local and regional shows are a little more lax on rules. Local and regional shows tend to have more amateur and student artists entering, and their shows are meant more to encourage these artists. The mission of local art leagues is usually more social and educational, whereas the mission of artist societies on the national level usually lean more towards rewarding established professional artists. 
(Exhibit Chair Annie Strack with juror Steve Doherty at Brandywine Plein Air)

National and international shows have big money and credentials at stake, so they draw the big name professional artists. Competition is stiff, and the rules are stricter. They usually have very specific wording in their rules and go into fine details to describe exactly what is eligible, and what is not.

(Students in an Annie Strack workshop at Nunez College)

With regard to jurors -- that's a different story! If a juror recognizes the work as belonging to another artist, or if the juror thinks the work is partially copied, then she will likely regard it less and may even dismiss it. Jurors look for originality and creativity as well as other elements, and most will reject work that they think is not original, even if it is skillful. Occasionally an inexperienced juror will let copied work into a show, just as occasionally an inexperienced juror will let bad work into a show -- jurors aren't perfect. But for the most part, jurors will penalize work that appears to be unoriginal.


(Exhibit Chair Annie Strack bestowing awards at Louisiana Watercolor Society)

Any time an artist needs to defend their copying -- that is a sure sign that they've obviously copied too much. There should never be any question about the originality of an artwork.

posted by Annie Strack @ 9:07 PM   4 Comments

4 Comments:

At November 18, 2023 at 12:40 PM , Anonymous Anonymous said...

I came here via your FB posting about copyright and originality in art. My question relates a bit more toward crafts than art, but I do see a troubling trend in crafts...especially in rock painting. Pinterest boards abound with examples of themes, and people use those examples to paint their own rocks. Some rocks are to be kept by the artist, given as gifts, or are to be sold. Some are done as an homage to a masterpiece of art, some refer to art in the public domain, but I see many that are related to pop culture or to obviously trademarked characters (i.e. Snoopy). Some are used as give-aways, but Etsy is filled with these. And that is just rock art...Other trademarked or licensed characters are portrayed in all sorts of crafts and then are offered for sale. What is your take on this? Kat Wynveen

 
At November 18, 2023 at 5:09 PM , Blogger Annie Strack said...

Hi Kat, it's all theft -- plain and simple. But it's impossible to go after everyone who steals intellectual property, just as it's impossible to go everyone who steals in other types of theft. It takes a lot of money to stop people from stealing intellectual property and most independent artists just can't afford those legal costs.

 
At November 18, 2023 at 7:03 PM , Anonymous Anonymous said...

Thank you for your answer. I feel that way, too.

 
At November 19, 2023 at 4:29 PM , Anonymous Anonymous said...

There is a law group out of Tulane University, in New Orleans, that has a FB page and published several books on copyright issues. They started with the world of quilts but it covers all types of art. Great reference on copyright, they are now exploring the issues with AI. Look them up
Just Wanna Quilt. Elizabeth Townsend. Coping is all over, I can understand doing it to learn, but it stops there

 

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All images and content copyright Annie Strack 2023. Although I occasionally receive compensation for some posts, I always give my honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are purely my own.