The Thriving Artist – Details, episodes & analysis
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The Thriving Artist
The Clark Hulings Foundation
Frequency: 1 episode/29d. Total Eps: 90

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How to Build a Robust Creative Economy That Rewards Everyone—including Artists
mercredi 27 juillet 2022 • Duration 38:01
How do we live in a robust culture? How do we produce a robust culture at a time when we are fracturing, polarized, and creative enterprise is an afterthought?
Let's remind ourselves of where we are. If you look around, you see political fragility, economic uncertainty, and general unhappiness. That's depressing. That's the point. As a people, we ARE depressed. You don't look back at 2021, let alone what's going on now, and go, "it's a happy time." We're not happy and we have to face it. We've got essentially a global war, and a recession only partly driven by that war. We've got a big economic bubble. We have a politically fractured culture at a global level. Totalitarianism, never the friend of a creative culture, is coming back in vogue. We're at each other's throats. We're not happy.
The beast is slouching toward Jerusalem. The earth is heating up. We're settling into (if we're lucky) a mere detente as two nations living in one national entity. Arguably, we began going in that direction in 1945 when we settled into the Cold War and that generated the Korean war, the Vietnam war, El Salvador... and we decided to live in a state of permanent animosity, driven by munitions manufacturers, the intelligence apparatus, and munitions and chemical industries that profit from it. There was a huge amount of money to be made. Those chemical makers clean your baby and make for a sparkling kitchen and they also do deforestation in Laos.
All of that to say that we're now in an understandable state of fragility when it comes to the role of creativity in our lives. We have a tenuous relationship with art.
We do not even now dream so much anymore. Our dreams are smaller. We don't dream of a world that flourishes and we haven't been given a mechanism to build better dreams. The material on CHF's site is basically an insistence that there is another path—that we're working to solve that problem in a robust way.
How do we get a robust and flourishing culture in the first place? That's the entrance to the conversation we are creating. As a culture, we tend to put creatives in a box. And even the goal of showcasing artists as essential workers and ensuring they're well-paid is not yet dreaming big enough. I think even those dreams are too small. I don't want to be a useful cog in someone's wheelhouse. I don't want to work for somebody because I have the skills. I want to work for somebody because without creative enterprise, we don't 'make it' as a culture.
We must move away from the merely theoretical lament toward a vision of doing something practical and economically powerful. Without that, We don't build a robust creative culture. We must build a road for artists to thrive, and creativity to flourish, and it has to be done at the economic and investment level.
Anything less creates the same problem we had all through the cold war, which is the starving artist syndrome. Only the 1% of artists can be famous and only those who know the right people and happen to gain the approval of the taste-makers can make any money. Everybody else is dirt poor and living on their cousins' sofas.
What we're doing at CHF isn't sexy in a theoretical way, but it's actionable and practical. We're asking people to dig deep into the thought process of how we get a culture that we want to live in. And we are starting from the premise that you don't get a robust creative culture without a thriving creative economy.
I don't think we've widely connected the dots between these big questions—first, daring to ask them and then to dream of the ubiquitous, middle-class artist. How do you actually do it? What is the day-to-day? How do you actually implement it? And that's where we actually do have an answer.
It starts at the mindset and knowledge level. We foster a conversation around art as a business, and we empower art-entrepreneurs with the business training all other...
Virtual & Analog Art—Daniel DiGriz
vendredi 26 novembre 2021 • Duration 16:13
“We’re going to need more art—all of it—to solve the world’s challenging problems. Creative intelligence is what it takes to inject life into the culture, to drive effective leadership, to drive new ideas. We don’t have to choose. We can have one foot in the world of visceral taste and touch and another foot in the digital world without having to split ourselves in half.”
This is a bite-sized The Thriving Artist™podcast episode with Daniel DiGriz’s perspective on art news and cultural change. As you may know from previous episodes, Daniel peruses the art news of The New York Times. This time, a couple of headlines really stood out! The first one is 50 years of Taking Photography Seriously. The synopsis: When the Photographer's Gallery opened in London in 1971, few saw the medium as suitable for exhibitions. Today everyone does. The second article is Hands Off the Library's Picture Collection! The synopsis: Cornell Spiegelman and Warhol browse the famous collection of images in the New York Public Library. Now a century of serendipitous discovery will come to an end if the collection is closed off to the public. This episode is courtesy of Shirley Lemmon.
Data Science in the Arts: Report on the Working Artist
jeudi 21 novembre 2019 • Duration 37:40
Two years in the making, CHF’s Report on the Working Artist (ROWA) is a truly groundbreaking piece of research: the first of its kind demonstrating artists’ pivotal role in our changing economy. In this engaging conversation, CHF’s data analysis team Daniel DiGriz and Lily Dulberg sit down to discuss the methodology and significance of the Report, the documented demand for entrepreneurial training for artists, the gaps in existing research and traditional art education—and how we now have solid and replicable data that supports artists’ ability to make measurable contributions to our economy and the culture at large.
Finding a Pattern: The Bottom Line for Working Artists- “We’ve got a lot of information out there from many different sources, many reputable organizations, nonprofits, and our business education programs. But there’s so little information on what artists need to drive success, and what actually changes the landscape of their art business.”
- “Most of the data out there does not measure bottom-line outcomes, which it’s kind of funny, right? Because you need to know those things in order to develop new programs and create best practices and to support artists.”
- “Many organizations had information on their websites about the different types of programs they ran, and testimonials and quotes from artists on what they need. But there was no real evidence of what these programs were able to do for the artists. There were no business results, no income results.”
- “With all the data that we’ve collated, and more specifically, with the data that we have done in-house at the Clark Hulings Fund through our Business Accelerator Program and our events, we really came up with a pattern that we can follow for any type of research in the future. And that is, that attitudes change behavior. Behavior produces business results. And business results lead to increased income or revenue.”
- “One of the main things that I think that we should take away from this, that business education moves the needle for artists. It helps them make more income, it helps them develop a more robust network which allows them to increase their sales.”
The Gap: Business Education for Artists
- “The ecosystem of gallerists, artists, and peer networks contribute so heavily to business results—and the success that artists see in their lives and in their businesses. There really aren’t enough art business events out there and there really aren’t enough groups for artists that foster communication around what it’s like to be in an art business.”
- “There’s a gap, and in that gap is business education. And it’s so mind-boggling to think that only 5% of an average sampling of fine arts curriculum involves any sort of entrepreneurial or business education.”
- “We had to establish that there was a gap, that it exists indeed, in order to say, ‘Okay, this is how we can fill the gap, this is how we can create change and this is how artists are already creating change.’ ”
- “…it was really amazing to be able to shed light on how that’s already happening and the research that shows that it’s replicable. Other organizations can do it, and the secret sauce is business training.”
How We Collect and Analyze Data
- “So at the Clark Hulings Fund, we’ve been collecting data from our fellows, from [Art-Business Conference] participants, from artists who are involved with our work in many different ways. We have a whole process behind how we do that: we make sure that everything is categorized so that we can actually analyze the themes, and there are codes for the different themes that come up in what the artists are talking about.”
- “When have our conferences, we have artists coming up to us, giving us...
Infiltrate the Business World in the Name of Art
samedi 17 août 2019 • Duration 56:52
Noah Scalin is an artist based in Richmond, Virginia, whose sculpture, installation, and photography use everyday items reassembled in new contexts. Noah did a major installation in Times Square in the winter of 2019, and is working with The Krause Gallery in New York City. He is also a corporate consultant at Another Limited Rebellion with his sister Mica Scalin. The firm specializes in using art and creativity in leadership development, and clients include Coke, General Electric, and Intuit. Noah was the first artist-in-residence at the Virginia Commonwealth University School of Business, where he is now an adjunct professor.
Discover A Market Through Creative Practice- “I ended up doing this project called Skull-A-Day where I got myself out of my creative rut and inspired again. And one of the really strange outcomes of that was that I started getting asked to talk to businesses about my creative practice. And so that turned into me doing a side-job initially of me going and doing these keynote talks and consulting, and all of a sudden I found myself, you know, really enjoying that work.”
- “I like to say that not only was I the first artist in residence at the VCU School of Business, but possibly the first artist in residence at any school of business anywhere. […] A few years ago the school realized that creativity was one of the principles that they needed to be teaching their students to be successful in business—and that’s a pretty radical idea, but it’s also backed up by a lot of data.”
- “I was like, ‘I didn’t go to business school, I don’t know anything about this.’ But I do know about how the artist’s skills set is valuable in business.”
- “And especially the process we use, which is: do something, and then reflect on it, and share that with other people as the next step; that that process especially—making more things and putting more things in the world—gives you more opportunities. Just sheer numbers. You know, if you do want something you measure, that’s what it is. The more you put out, the more opportunities you get for something to come back.”
Top Companies Want To Learn About Creativity
- “Anybody in any industry right now is seeing some form of automation coming into play. And certainly, with advances in AI it’s going to be an entirely different world we live in very soon, science fiction is becoming fact very quickly.”
- “Certainly the jobs that are going to go last are going to be the ones that require people to creative problem-solve and come up with unique new ideas.”
- “It usually starts with a person of vision within the company, somebody who has recognized that creativity is one of the top skills that leadership needs to survive the Fourth Industrial Revolution.”
- “One of the talks I do is actually called The ROI of Creativity. And what I talk to people about is that business wants to do this measurement and wants to have these numbers and wants to be like what’s the benefit of this. And it’s really a narrow view of what we’re talking about.”
- “What I talk to them about is sustainable innovation and the people that need that and know what that is, they’re on board.”
Creativity in Business Begins With Education
- “Most jobs don’t give you a chance to really develop your creativity, you’re expected to bring that to the table and have it there. And even now in the business world when they’re asking executives to be creative they’re not training them, they’re just going, ‘Start doing this, be creative, creative problem-solve!’ And they’re like, ‘I don’t know how to do that’.”
- “Because we’re presenting such an unusual story, people pay attention and we usually can get inside their heads and plant some seeds that they’ve needed to hear for a while; maybe the opportunity to start seeing things differently and behaving...
Artists Are Solving Atomic-Level Problems
vendredi 12 juillet 2019 • Duration 59:35
Cyndi Conn is the Executive Director of Creative Santa Fe, a non-profit arts and community development organization that emphasizes innovative collaboration between diverse groups of people with varying skills, knowledge, experiences and opinions. She serves on the Advisory Boards of The Black Mountain Institute, the National Parks Arts Foundation and the N-Square Innovators Network. In 2018 she co-chaired Mayor Alan Webber’s task force on job creation in Santa Fe. Cyndi has been a curator, gallery founder, and creator of art advisory firm LAUNCHPROJECTS. She has lived in Paris, Mexico City, Austin, and New Orleans.
About Creative Santa Fe- “Creative Santa Fe has the luxury of being a connective tissue type of organization.”
- “There were so many organizations working in such important fields and even within that their own fields, they were not working together.”
- “When we first said we were going to partner artists with issues, everyone was like, ‘What, you’re going to like…paint paintings of nuclear bombs?’ ”
- “The Nuclear Weapons Summit was our first effort at looking at this idea of the [Disruptive Futures] dialogue, bringing people together who don’t typically agree, don’t typically communicate, and using the arts to leverage—to create these bridges and anchors.”
Problem-Solving with the Arts
- “The arts can bring people together that normally would not want to sit in a room together and talk about problem-solving.”
- “And then you bring in artists and young people and new types of thinkers, you really get […] people [who] don’t know what’s not possible, and so you start to create a whole new possible.”
- “We realized if we could get people within their own sectors actually talking and working together and then bringing in new voices—[bringing] new people to the table that either don’t typically have a voice to or aren’t typically included—like artists, we really could change the way that people talk.”
Economic Impact of Artists
- “Creative Santa Fe was started in 2005 as a result of an economic study that the City of Santa Fe and McCune Foundation commissioned, looking at the arts economy. It came back that it was a 1.1 billion dollar a year economy but there was no single organization to spearhead and ensure the long-term sustainability of that economy.”
- “We need to better educate—especially our voting population and our leadership—that the arts are not just an amenity, they’re a critical function of society and a part of the fabric of social, cultural, and also economic life and livelihood for our country.”
Art: Influencing Outcomes
- “We brought the arts in [to discussions at the nuclear weapons summit] and that’s such a leveling factor, it creates empathy, it creates a whole new paradigm for how people communicate, how they listen.”
- “And that’s what we’re really seeing works, and it’s worked to a really surprising extent.”
- “It’s not just a think tank; it’s not just talk. We are working towards an outcome that our partners need to have and feel like they can only get that outcome through this methodology that we provide.
- “We’ve have had over 200 partners looking at issues—everything from affordable housing, rebirth of local news, the future of art, Native resilience and rights, sustainable technologies. And for each one of these, we have partners that have very tangible outcomes that they’d like to see as a result of these dialogues.”
Re-Embedding Art Into Everyday Life
- “In most indigenous cultures throughout the world, there was never a word for art. Because art was embedded in everyday life. At some point we started separating the arts from everything else in life. And I think that’s been to our detriment all these years. And so it’s just time to bring art back into the daily conversation, daily life, daily problem...
Classical Skills for Modern Art Careers: The Case for Training and Tradition
samedi 15 juin 2019 • Duration 32:36
Mandy Theis @mandyfineartist is a figurative painter and art educator, and graduate of the Aristides Atelier. She is the president and co-founder of The Da Vinci Initiative—a foundation that supports skill-based learning in K-12 art-classrooms.
Mandy is Director of the School of Atelier Arts which provides atelier training and resources to art teachers through online classes, workshops and conferences, and keynote speaker services. She is also an Academic Director at the Florence Academy of Art and runs the MA in Studio Arts Degree Program in a partnership between FAA and School of Atelier Arts.
Mandy is an advocate for visual literacy and figurative work in the contemporary art market.
Atelier Training & Visual Literacy- “Atelier training is pretty much the way artists were trained up until about a hundred years ago. The idea being that there’s inherited artistic information that has been handed down through generation after generation from one artist to another artist.”
- “A lot of people don’t realize it, but there are actually scientific discoveries in art just like there are in every other field.”
- “We can’t really move art forward if we don’t understand what’s already known about visual literacy.”
- “[I’m working on a book that should be released over the next year] about how visual literacy matters to every profession, so each chapter is an atelier concept and how it matters to a certain profession.”
A Missing Piece in Art Education
- “With the advent of Modernism, there was this idea that training would ruin your creativity, and it was the artists themselves that purposely chose not to train the next generation.”
- “Nobody loves learning more than art teachers love to learn, and yet there’s been a separation between access to this skillset and how we train art educators in today’s time.”
The DaVinci Initiative
- “What we’re really trying to do is take this gap and close it and provide access to these skills to art educators so that they can incorporate it into their classrooms.”
- “Because the training fell out of favor, it’s very, very difficult for most art educators to access it.”
- “We’re increasing the ability to teach very important skills about how the eye actually sees information, interprets information. This isn’t just important for artists.”
- “It’s about helping your eyes seeing in a more nuanced way.”
- “The response has been overwhelmingly positive, because we’re offering something teachers love: learning.”
Skills-Based Art as Counterculture
- “It’s ironic that realism has become a counterculture movement in art, so to speak, or that skill-based art is the counterculture movement in art. But it excites me to think that skills matter again.”
- “Historically we probably know less about what it is that we’re seeing than humanity did a hundred years ago, with the access to the internet and more information in every other subject than we’ve ever had before.”
- “My incentive is that I want children to be able to create whatever artwork is in their heads and their hearts without compromise. I just want to provide additional options of what they can do in the classroom.”
- “Understanding color or shape or value or line in a really nuanced way, not just saying here’s a line…it changes how you see the world.”
Figurative Art in A (Post) Post-Modern Climate
- “I see these two huge, big names who we like to think of as the poster children of non-realist art, are embedded very heavily in realism, turning to realism, and learning as much as they can about it.”
- “If you look at gaming systems, often all the edges are really hard, which kills the illusion of depth […] even in these games where...
Fearlessly Take On The Big Daddy Ugly Goal
mercredi 29 mai 2019 • Duration 45:34
Willy Bo Richardson is a painter based in Santa Fe, New Mexico and an alumnus of CHF’s Art-Business Accelerator program. Visually, his work is abstract and colorful, with a repeating motif of stripes. Willy subtracts the trappings that condition our response to art—the frame, the pedestal— and weaves art into the setting itself. The Albuquerque Museum recently acquired one of his pieces for their permanent collection, and he’s currently working with Richard Levy Gallery— while pursuing corporate projects that include wall-art licensing, and mid-size installations in European health care and gerontology settings. Willy’s long-term goal is to create totally-immersive corporate environments.
CHF’s Program Results- “What I really got out of CHF was on two main levels. The first level is the nuts and bolts: how to be professional. So on one level, I can run my business the way any entrepreneur or individual business owner could do it. And then there’s another level, and that is working with the other fellows and learning side-by-side.”
- “One of the biggest lessons I got working with you and Elizabeth and the Fellows at Clark Hulings Fund was this similar path of fearlessness of being an entrepreneur and an artist. It’s the same fearlessness. And of course fearlessness actually starts with fear. It’s a project that seems scary and I’m going to do it anyway. And then it’s a little less scary. And then the next project, it’s a bigger project with same amount of fear but now I know I can get through it.”
- “The challenge was to make [the goal] so scary and big that you can never accomplish it, and I’m making small steps towards that.”
- “One of the things that I was so attracted to Clark Hulings for was that there’s all these disruptors happening. Even the idea of what an artist is, is shifting. And I think that creates opportunities for artists not only to start making a living, but also to inject themselves into the world.”
Art in Corporate Environments
- “Well, it started out a little bit as an idealist thing where I wanted to have my art to be available for the middle class.”
- “It’s an ambition of mine to put my work in front of people—not just those who have the opportunity with income and education to appreciate fine art.”
- “What my ‘big-dad ugly’ goal is, is to completely integrate [my work] into the environment, so that one does not think they are looking at art, but that they are sitting on a couch and the textiles, the pillows, the wall coverings, different architectural elements—we call it materials for the built-environment, and my paintings are integrated into that.”
Ecological Responsibility
- “I made a commitment to myself and others that I would only work with those that are working towards the safest practice as possible, which is sometimes more expensive, but that does not go against my primary goal, which is high quality. Safe for the environment and high-quality often can be hand-in-hand.”
- “I think that our culture is actually really receptive to the idea of putting something out into the world that is doing the least amount of harm on the environment as possible.”
Licensing in the Corporate Market
- “In the fine art world, it’s definitely kind of a no-no to license your work and to do reproductions, and that stems from a history where the technology was different.”
- “When I first started getting into reproductions while living in New York City, people were saying it was going to ruin my career. So every step of the way has been all the experts and those in the know telling me not to do things. That doesn’t mean when somebody says to not do something that it’s smart, it just means that you’ve got to figure out which things people are afraid of.”
- “Often times the art consultants are very open to whatever they think they can sell, and not so interested in...
If You Build It, They Will Ignore It. Unless…
jeudi 9 mai 2019 • Duration 50:09
Mary McBride is the chair of the Arts and Cultural Management and Design Management graduate programs at Pratt Institute School of Art in New York City. An executive coach, a frequent international speaker, and a visiting professor in Spain, Turkey, India and Russia, she is also Editor of Catalyst—an online publication focusing on leadership in the 21st century. With an artistic background herself, Mary is in a unique position to see the creative aspects of business design and entrepreneurial decision-making in fields ranging from arts and culture, to publishing, financial services, technology, retail store development, apparel and packaging, and product and strategy design.
Beyond the MBA- “I got a call from Pratt Institute that said: ‘Do you think you can create an MBA for designers and artists and cultural people?’ And I said: ‘I don’t think they need an MBA, I think they need something that goes beyond the MBA—and almost, in a way, the antidote to the MBA.”
- “I wanted to make a bridge for myself between my creative side and my strategic side, and then I got an opportunity to build that bridge for lots of other people.”
- “What [these] program graduate students do is design experiences that will engage and enliven—and hopefully get people to be part of the culture and civilization and the conversation that we’re all trying to have.”
Designing Strategy
- “When design is not part of strategy formulation, and it’s just part of the execution of strategy, you lose 50-75% of the value of a design.”
- “Part of being a successful entrepreneur is figuring out a place to locate yourself where the conditions of the ecology are supportive of what you’re trying to do.”
- “Entrepreneurship isn’t one step. It’s really thinking ahead to where you would like to be.”
- “It really makes me crazy when design professors and professionals keep saying that ‘design solves problems.’ And it does, but it’s not all that design does. It actually turns a problem into a possible opportunity for a particular group of users.”
- “Art is a lot of different things—mostly it is about self-expression though—whereas design is more about: what can I bring into the world that can be used by other people?”
Sacrifice and Value
- “Words make a difference. So if I’m telling myself that [what I’m doing now] is a sacrifice, that’s very different than telling myself that this is a choice.”
- “When I hear people talking about how much they’re sacrificing for their art form or for their family or because they want to feed the pup, I say, well: isn’t that a choice that you’re making? If you’re a very deliberate and strategic choice-maker, shouldn’t that make you feel like a more powerful, able, person?”
- “I think people who know what their values are…know what their values are! So yes, they’re trading, yes they’re ‘sacrificing,’ but what they don’t trade off is what they value.”
Quantifying the Value of your Art
- “It’s asking for a miracle to expect that what you think has value is necessarily going to have value in exchange to [your market] if you haven’t even thought about them in your creative process.”
- “How you quantify anything is really a matter of meeting the market on its own terms and negotiating.”
- “When you bring [your art] to market you meet people who understand your passion and purpose, who can help you set a financial value to [your art].”
The Entrepreneurial Mind & Innovation
- “We get to know each other on a deeper level by creating narratives, exchanging them, seeing where it is we like to amend them… so I think it’s necessary for everyone to have that [in their] artist statement.”
- “I spent too long thinking about what that more traditional business approach looks like. It keeps shifting over time, and it depends on what culture, country, and...
Tighten Your Sales Strategy, Then Refuse to Compromise
mardi 12 mars 2019 • Duration 01:01:37
Donna is a painter based in Beaufort, North Carolina; she’s a graduate Fellow of CHF’s Art-Business Accelerator Program, and an Emeritus Advisor for the 2019 group of Fellows. Her work is representational, and explores the nautical and coastal themes of her home. Her sales strategy involves partnering with cause-based organizations to amplify their messages through the use of fine art. Recent projects include a resident artist position with Friends of the NC Maritime Museum and a collaboration with The Kit Jones Project.
CHF’s Accelerator Program Results- “Being able to define what I want and where I want to go with my career has helped me immensely in so many different ways.”
- “When you decide what you want to do, you become more intentional about what you choose to do.”
- “People who get residencies, get more residencies. I went to [North Carolina Maritime Museum] and I said: ‘hey, I would really like a residency.’ This is what that would entail. Here’s what I want from you. Here’s what you’ll get from me. And with that intention, after defining myself and redefining what I want, I can actually move with a little more skill and a little more focus in order to get where I want to go.”
Blueprinting Your Career—Work Ethic, Brand Narrative & Sales Strategies
- “I made the decision that I was going to be a professional artist, and took away all the safety nets that I had….That ‘I’m inspired today, or I’m not’— that’s not me. I get up [and say] here’s what I have to do today. This is my list. So to me, it’s that blue-collar work ethic that is applied to fine art.”
- “You’re better off making a sale as you.”
- “It’s kind of a throwback to back in the day when you had patrons, and artists worked almost as craftspeople. And they had their guilds and they were actually working for people. It’s a very similar type of relationship. So in that respect, being a blue-collar or a working artist is more valuable because they say: ‘Oh a working artist. That means you’re actually finishing and doing a job.’ And they’re very happy with that and it does help.”
- “Are you an artist because you call yourself one, or should you wait until someone calls you an artist? So rather than saying whether I’m an artist or not I just go, ‘I paint!’ And I leave it at that. ‘I’m a painter. I paint pictures.’ ”
- “I’m in a niche market of maritime art right now. And I also live in a very tourist community. [So I’m constantly asked]: ‘Can you donate this? Can you donate that?’ and I’m like, ‘No. I cannot.’ So I figured, how am I going to leverage what’s coming my way which is ‘Can you donate this?’ with: what of mine needs to be marketed?”
- “…I don’t donate anything. They pay me. They pay for my materials. They pay for the framing. They pay for the advertising. And so I have it set up where I may be donating my time, but I’m not out any money.”
- “So if you’re serious about buying a piece from me, if you have bought a piece, or you’ve come up to one of my events, you get a special newsletter that is exclusive. And I tell them it’s exclusive. I give them options and opportunities, that once I put the stuff in a gallery or online, those opportunities are gone. So it gives them a time frame in which they actually have to do something. My open rate is between 80 and 100% for those special newsletters.”
The Work
- “I love hearing what other people have to say about my work. I really do. It’s very interesting. And I like that it’s adventurous…I’m trying to catch more of an emotion or an atmosphere more so than a representation of: ‘Here is the scene, enjoy it’.”
- “I’m going to do what I want to do, because I like doing it. And if I make a change, like I did in June— I made a change with how I actually put the paint on the board… and if my...
Lock Down Your Rights to Your Own Art
lundi 18 février 2019 • Duration 01:06:18
Emily is an Intellectual Property Attorney with over 14 years of experience handling copyright and trademark, including business and licensing agreements, infringement, prosecution, and litigation, and educating artists on the legal aspects of protecting their work. She’s the founder of Copyright Collaborative, a forum for artists to learn about their intellectual property rights, as well as work together to create a culture that deters infringement. Emily is a member of the state bars in New York, Pennsylvania, and Maine—where she currently lives.
Most Visual Artists Aren’t Yet Empowered on Copyright- “I discovered that artists, visual artists especially, didn’t know much about copyright and I got a general energy of powerlessness from them where they seemed to not understand what they needed to do…”
- “Music organizations and photography organizations have really come together to lobby the copyright office and congress to pay attention to their particular needs in the intellectual property arena. And I don’t feel that visual artists have had the same representation.”
- “From working with a lot of visual artists and from attending a lot of trade shows, I do get the energy that everybody is out for himself. And I’m not so sure if that’s the same in music and in photography and other artistic venues. I mean, let’s talk about filmography, videography…I would say that they’re more cohesive and unionized.”
Confusion around Copyright Laws for Artists
- “I’ve always gone through my legal career with that I want to say ‘stone pebble in my shoe’ where I think it’s so important to educate people on what their rights are.”
- “In consideration of copyrights and copyright law in the United States, and all of the misinformation that’s out there on Etsy and other platforms like that, I thought it was just really important to let artists know what their rights were.”
- “One of the biggest misconceptions is once you express the artwork—so once you put the artwork on paper—it’s protected and all of your rights are protected right there.”
- “There’s been a perverse amalgamation of old copyright laws and new copyright laws. And so if you’re trying to find out certain things about copyright, you’ll see that it depends on when the work was created and when the work was published.”
Important things Artists Can Do About Copyrighting Art Works
- “I definitely think it’s wise for artists to do some of this themselves, but I think it’s important for artists to know when they need to turn to an attorney.”
- “Copyright, you would go to the US Copyright Office, which is: copyright [dot] gov. And for patents and trademarks, the website is: uspto [dot] gov—United States Patent and Trademark Office.”
- “If you don’t file a copyright application in a timely fashion you pay a very, very significant price. […] Artists really need to copyright their works I would say, immediately.”
- “Take that group, take that collection of work that’s somehow cohesive, and file them under one copyright application.[…] You can file for a collection of works, so long as they haven’t been published. ‘Published’ means offered for sale or licensed.”
- “Protect your best-selling work. It’s always the best-selling works that gets knocked off.”
- ”If a company or anybody asks you for images of your work, have them sign a half-page agreement.”
Copyright Infringement: DMCA Notice and the Importance of Registration
- “If you go to certain websites such as Alibaba, which is a very well-known carrier of infringing works, they usually won’t take down the work unless you produce a copyright registration.”
- ”I think it will continue to get more difficult and more stringent in getting works taken down unless you have a registration. It’s very easy to say, ‘Here’s my registration, take that work...








