19 puaner oF THE ARTS / DECEMBER 1995 How To Be Famous You've just graduated from Emily Carr and you want to strike out and make a living with your art practice. With dreams of critical acclaim in your head (not to mention the cover of Art in America) you set off in the direc- tion of South Granville Gallery Row in search of a gallery to rep- resent you. [note: those students who shun the commercial art world need not continue reading this article] You spend countless hours cre- ating your masterpieces - you meticulously title, document , measure and label the work - write up a modest CV and cover letter - then put the whole package together in a black binder. What next? The “what next” was answered by Monte Clark of the Monte Clark Gallery in a seminar given recent- ly at UBC Continuing Studies. Titled “Artists and the Art Gallery Business”, Clark spoke for three hours on all topics relating to getting and maintaining represen- tation by a commercial gallery. Clark said that due to the sheer volume of portfolios a gallery receives, the evaluation of your masterful portfolio generally con- sists of the gallery director holding your slide sheet up to the fluores- cent lights. Is there anything “fresh”, “new”, or “exciting”? Is the work “consistent”? If the answer is yes to any of the above, the gallery might put the slides into a projector for a second look. Of the 471 submissions that Clark received last year, he accept- ed one new artist into his gallery. He went on to point out that he only has room for 10 to 12 artists at any given time. Sounds hopeless. Maybe, but Clark was very energetic and eager to share information with the 40 or so people who attended the talk. He was an excellent presenter who seemed genuinely interested in giving out as much info as pos- sible to help an artist crack the my $ Michael Adamson Clint Barnett Shane Jackson Mona Lochan Sandra Semchuk Nancy Bleck Photograpic Installations december 1 - 10 nice place to be Vancouver House 605 Robson Street, Suite 104-105 (Seymore sia *‘ Open daily from 12:00pm to 8:00pm commercial art market. He also has a passion for the work he does and it shows. What this seminar did not address, however, were any alter- natives to the commercial gallery business or whether these galleries are the most appropriate contexts in which to present “art”. My sug- gestion would be to have future seminars include other voices in the mix. Clark made no apologies for his focus on art as a business; from selling yourself and your product to the gallery, to the gallery selling your work to a client. I was somewhat surprised by the small number of ECIAD stu- dents in attendance (about 5 or so). While the commercial end of things may not be everyone’s chosen career path, I would have thought that more students would have gone to check it out. Equally, I suppose our education as artists might be served by having someone such as Clark coming directly to ECIAD to speak. Questions, questions, all these questions. In closing, here are a few of Monte’s tips - good luck: e do research on the galleries you are approaching-know what kind of work they generally show and decide if your work is or is not going to fly. e Don’t pad your resumé; make it solid even if that means its short. (i.e. don’t say you were in Documenta 15 unless its true or unless your art is about cre- ating fictions to screw with people’s minds). e Don’t drop off your portfolio on a Tuesday (the gallery's Monday) or Saturday (when the clients drop by to buy). Going on a Friday is just bad karma. e Know your focus as an artist and be able to answer the fol- lowing Final Jeopardy™ ques- tion: “Why do you want to show your work at my gallery?” -Roch Smith (future art star) <@& Copyright Law For Artists BY BRIAN RUDY Artist paints a picture. The picture turns up in a Big Company adver- tisement. Artist gave no permis- sion to Big Company. Artist wants to know his or her rights. What to do? When a person wants to repro- duce or publish an artist’s work, they need the permission of the artist. The Canadian artist has copyright in original artwork until fifty years following the year of his or her death. In addition to copyright, the artist also has moral rights, including the right to the integrity of the work and the right to be associated with the work. Therefore, if Big Company used the artwork in their advertisement without permission, Artist could stop the publication of the ad and sue Big Company for infringement of both moral rights and copy- right. Copyright arises when an origi- nal artistic work is created. There is no need to register a work in Ottawa to acquire copyright, but the artist might want to register to ensure his or her rights are fully protected. Registration assists in proving ownership of copyright, notifies persons of ownership of copyright and may affect the quantum of damages resulting from a lawsuit. Many artists save the expense of registering every work with the Copyright Office in Ottawa. Some artists mail a copy of their artwork to themselves via registered mail, saving the unopened envelope for the day when they will open it in court to prove ownership of copy- right. This method of proof has been tested and has worked, but a question could arise as to the authenticity of the sealed enve- lope. Other methods of proof include having a copy of the artwork attached to a sworn affi- davit and stored in a safe place. Moral rights are less talked about, but just as important to many artists. Moral rights relate to the reputation and image of the artist. While copyright can be bought and sold, moral rights can only belong to the artist. Moral rights can be waived, but they are not necessarily waived when copy- right is sold. If the artist sold his or her artwork to a buyer, but maintained moral rights, the buyer would be somewhat limited in how they could use the artwork. The famous case which comes to mind is that of Mr. Snow who stopped a shopping centre from hanging Christmas decorations from his sculpture, in prejudice to his honour or reputation. A prudent buyer often asks for a waiver of moral rights. When Artist becomes aware that there has been or will be an infringement of copyright or moral rights by Big Company, he or she should immediately notify Big Company in writing. If that does not resolve matters, the law is on Artist's side. Artist can apply for an injunction to stop the infringe- ment and then seek damages for the infringement. ~@ Brian Rudy is a Vancouver lawyer practising with the firm Varty & Company. This article was written for general information purposes and is not intended as an opinion on any particular situation. 10) rover or rie as | necnaen 1995 How To Be Famous You've just graduated from Emily Carr and you want to strike out and make a living with your art practice. With dreams of critical acclaim in your head (not to mention the cover of Artin ‘America) you set off inthe direc- tion of South Granville Gallery Row in search of a gallery to rep- resent you, {note: those students who shun the commercial art World need not continue reading this article) You spend countless hours ere~ ating your masterpieces ~ you ‘meticulously title, document ‘measure and label the work ~ write up a modest CV and cover letter ~ then put the whole package together in a black binder. What next? ‘The “what next” was answered bby Monte Clark of the Monte Clark Gallery in seminar given recent- ly at UBC Continuing Studies. Titled “Artists and the Art Gallery Business" Clark spoke for three hhours on al topics relating to setting and maintaining represen- {ation by a commercial gallery. (Clark said that due to the sheer volume of portfolios a gallery receives, the evaluation of your masterful portfolio generaliy con- sist ofthe gallery director holding ‘your slide sheet up to the fluores- cent lights. Is there anything, “fresh”, "new", of “exciting”? Is the work “consistent” If the answer is yes to any of the above, the gallery might put the slides Into a projector for a second look. Of the 471 submissions that Clark received last year, he accept- cd one new artist into his gallery. He went on to point out that he only has room for 10 to 12 artists at any given time. Sounds hopeless. Maybe, but Clark was very energetic and eager to share information withthe 40, ‘or so people who attended the talk. He was an excellent presenter who seemed genuinely interested in giving out as much info as pos- sible to help an artist crack the A Michael Adaneon Clint Barnett ‘Shane Jackson Mons Lochan Sandea Senchak nancy Bleck Photograpic Installations december 1 - 10 nice place to be ‘Vancouver House, 606 Robson Steet, Sub 104-105 (Seymae sk ‘Opon cay em 120m 1 8:00pm commercial art market. He also has a passion forthe work he does and it shows. ‘What this seminar did not address, however, were any alter- natives to the commercial gallery business or whether these galleries re the most appropriate contexts in which to present “art: My sug gestion would be to have future seminars include other voices in the mix. Clark made no apologies for his focus on art as a business; from selling yourself and your product to the gallery, to the gallery selling your work to a client, | was somewhat surprised by the small number of ECIAD sti- dents in attendance (about 5 or so). While the commercial end of things may not be everyone's ‘chosen career path I would have ‘thought that more students would hhave gone to check it out, Equally, | suppose our education as artists might be served by having someone such as Clark coming Airecly to ECIAD to speak. ‘Questions, questions, all these questions. In closing, here are a few of ‘Monte's tips ~ good luck: do research on the galleries you are approaching-know what kind of work they generally show and decide if your work is or is not going to fly. Don’t pad your resumé; make it solid even if that means its short (Le. don't say you were in Documenta 15 unless its true for unless your art is about cre- ating fictions to screw with people's minds) Don't drop off your portfolio (on a Tuesday (the gallery's Monday) or Saturday (when the clients drop by to buy). Going (on a Friday is just bad karma, Know your focus as an artist and be able to answer the fol- lowing Final Jeopardy™ ques- tion: “Why do you want f0 show your work at my gallery?” Roch Smith (future art star) 8 Copyright Law For Artists by Buns RUDY Artist paints a pleture. The picture tums up Company adver- tisement. Artist gave no permis sion to Big Company. Artist wants to know his or her rights. What to ao? ‘When a person wants to repro= duce or publish an artist's work, ‘they need the permission of the artist. The Canadian artist has copyright in original artwork until fifty years following the year of his or her death. In addition to copyright, the artist also has moral rights, including the right tothe Integrity ofthe work and the right to be associated withthe work. ‘Therefore, if Big Company used the artwork in their advertisement without permission, Artist could stop the publication of the ad and sue Big Company for infringement ‘of both moral rights and copy= right. Copyright arises when an origi- nal artistic work is created, There Js no need to register a work in Ottawa to acquire copyright, but the artist might want to register to ensure his or her rights are fully protected. Registration assists in proving ownership of copyright, notifies persons of ownership of copyright and may affect the ‘quantum of damages resulting from a lawsuit Many artists save the expense of registering every work with the Copyright Office in Ottawa. Some artists mail a copy of their artwork to themselves via registered mail, saving the unopened envelope for the day when they will open it in court to prove ownership of copy- right. This method of proof has been tested and has worked, but @ {question could arise as to the authenticity of the sealed enve- lope. Other methods of proof include having a copy of the artwork attached to a swom affi= davit and stored in a safe place. ‘Moral rights are less talked about, but just as important to many artists. Moral rights relate to the reputation and image of the artist. While copyright can be bought and sold, moral rights can only belong to the artist. Moral rights cam be waived, but they are not necessarily waived when copy= right i Sod. Ifthe artist sold his ‘or her artwork to a buyer, but maintained moral rights, the buyer would be somewhat limited in how they could use the artwork. The famous case which comes to mind is that of Mr. Snow who stopped a ‘hopping centre from hanging Christmas decorations from his sculpture, in prejudice to his honour or reputation. A prudent buyer often asks for a waiver of moral rights. When Anis becomes aware ‘that there has been or will be an infringement of copyright or moral rights by Big Company, he or she should immediately notify Big Company in writing. If that does not resolve matters, the law is on Arts’ side, Artist can apply for fan injunction to stop the infringe ‘ment and then seek damages for the infringement. -® an Ruy 5 Vonower ane practising ‘i heft Vay Company This ate ‘Se eto forge information purposes