[Aquanet] AWS

[patchapin at mindspring.com]

----- Original Message ----- 
From: <patchapin at mindspring.com>
To: "Mary E Whitehill" <wtrclr at juno.com>
Sent: Sunday, February 15, 2009 8:34 AM
Subject: Re: [Aquanet] AWS


> Of course, everyone is entitled to their own opinion, Mary.  But no, I 
> don't think I'm "harsh"; my opinion of the AWS was simply capped by this 
> last display.
>
> In my speckled career, I worked as a licensed paralegal for some years, 
> and am more than a little familiar with what happens once everyone gets a 
> lawyer.  I've been an artist for much longer than that, and have been up 
> close and personal with the "Duh?" (act ignorant, no matter what) method 
> of defense for copyright infringement.   The way this matter was handled 
> by the AWS  -- from the appearance, simply to avoid further publicity --  
> is a smack in the face to all artists who make original designs instead of 
> stealing them.
>
> Example: if someone uses a copyrighted design of mine, I must first call 
> it to their attention via letter and tell them to stop (never mind the 
> amount of money they may have made off of it before I caught them out). 
> If they do not, I can retain an attorney, and sue them; I will, of course, 
> ask for a judgment as well because they have been making money with my 
> image.  When I get the judgment, I can collect it using my attorney again, 
> my cost, and the whole process can take years, and that's if the defendant 
> has anything of value to collect and doesn't go Chapter 7 on me (guess how 
> I know these things?).  I might add you do not expect a matter involving 
> any large sum of money to get to trial the same year suit is mounted. 
> Both sides usually get attorneys to sabre-rattle while the matter is 
> settled out of court if at all possible.
>
> Here is a situation wherein the "winning" painting sat on line marked 
> 'grand prize winner' after accusations went up with absolutely no 
> statement from the AWS long after one should have been made; finally it 
> announced the matter would be looked at; after assessing the situation 
> (just how long does it take someone to check out her other work, 
> references, etc.?, not to mention any question of an 'electronic 
> submission'?).  Then, the AWS had a chance to make sure any artist wannabe 
> would see what could happen, and the copyist herself would be exposed 
> hopefully as an example to others who might seek to do the same thing.
>
> The fact that an artist is a photographic realist in style doesn't mean 
> that any painting might not be deframed and subjected to testing.  One 
> would think if you claim to be a realist you would almost get used to your 
> level of skill being subject to test, especially in a medium like 
> watercolour.
>
> The idea that the "painter" was not aware of what she was doing requires 
> that she was unable to read and totally innocent of any ethics concept, 
> but otherwise technically proficient.  Surely you don't buy that one?
>
> And let's clarify the issue on "copying":  any fine art school worth it's 
> salt will encourage if not require a student to copy from a master.  The 
> student must not sell the resulting work nor profit from it, certainly not 
> represent it as the student's own; some schools require a certain signing 
> of a piece ("After the Work of........") and some require destruction of 
> the student piece.  I'm not agreeing with this, I'm just saying it 
> happens. At the same time, you are receiving lessons on perspective, 
> colour, etc.
>
> Of course you are going to copy work you admire, you want to know how to 
> replicate an effect or whatever. You are maybe throughout your artistic 
> life going to go for some effect reminiscent of an artist or a 
> school/group.  But you do not snatch and plaster the work of others, 
> present it as your own, and then profit from it as well.
>
> And shame on a body so intent on trying to save face for itself that it 
> lets a thing like this go by with no fanfare, just a message to their 
> membership. What does this say to art students, and think about this, 
> because most of them intend a career, and will not pay attention to 
> painting for themselves again except as an offshoot.   Insofar as "all the 
> best " watercolourists being members of the AWS, I suggest you must be 
> confining your assessment narrowly. There is a huge body of illustrators 
> and artists who work for a living at it and don't belong, many of them for 
> precisely reasons like these.
>
> pat chapin
>
>
>
>
> ----- Original Message ----- 
> From: "Mary E Whitehill" <wtrclr at juno.com>
> To: <aquanet at cleverwhiz.com>
> Sent: Saturday, February 14, 2009 9:14 PM
> Subject: Re: [Aquanet] AWS
>
>
>> Aren't you are being a bit harsh on AWS, Pat?   Even though even one of
>> the three jurors were suspicious that the photograph copied was not one
>> that the artist had taken herself they had no actual proof until someone
>> found the original on the internet and notified the photographer who had
>> taken it.  They then had to contact Sheryl Luxenburg who tried to deny
>> any wrongdoing and then it had to go before a judge or jury.  It was a
>> legal question that could not be settled just from public opinion or
>> hearsay.  I saw the painting and thought it remarkable and never
>> questioned who took the photos. There were a great many photorealist
>> paintings in the show as well as abstracts, portraits from life, street
>> scenes, florals etc.  I wrote to Janet Walsh,  who had just resigned as
>> President, and she gave me a very good explanation of the procedures the
>> AWS was following.  Eight months seems a long time but not when you are
>> dealing with lawyers and also dealing with a Canadian, not an American
>> Artist. It is tragic for Luxenburg who apparently was not aware of how
>> serious her copying was.  I have found it extremely difficult to convince
>> students of the importance of using only their own reference material.  I
>> even know studios where they allow the students to copy greeting cards or
>> calendar art of others. There is a great deal of this plagiarism going
>> on, especially when they cut out photos from magazines to use as collage.
>> Unfortunately I deleted the reply from Janet Walsh but I am glad AWS made
>> the tough decision.  All the very best Watercolorists I have ever studied
>> with or read about are AWS members and I  think they are doing their best
>> to promote all watermedea in spite of the popular trend toward oils.
>> M. E Whitehill - Watercolors
>> wtrclr at juno.com
>> Fine art paintings of flowers, landscapes, historic sites of the Hudson
>> Valley
>>
>> Check "What's New" on my Web Site  www.mewhitehill.com
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>