Are We There Yet?

When is a painting finished?  This is a subject that could easily fill a dozen posts (and may, yet). Today I posted an image of a new painting on FaceBook.  It has been leaning against a wall "finished" for a couple of weeks so I could study it...yet, after I posted the image, I saw things that needed just a wee bit of work.

There are several ways to give yourself some perspective on a painting.  The classic is using a mirror...nothing will reveal flaws in your drawing or composition faster than a mirror image.  I am happy with the drawing on this piece...some of the colors look a little intense, but that is due to a less than accurate photo.

Historically, some artists would use a reducing glass.  With the convenience of cell phone cameras and digital images, though, today's artist only has to shoot a photo and look at the image. It can tell you a great deal about your piece.  Now, if you really want to see how your values balance...make a black and white image...

So...in re-evaluating this painting...what do I think it needs?  

The outline down the front edge of the fore horse's face it what really bugs me.  It was like that in the reference, just the way the light hit him...it was something I'd meant to fix earlier, but forgot.  Remember, just because it is that way in the photo, does not mean you should paint it that way!!

By losing the edge of that line, it should give it a little more dimension

The shadow on the rear leg under the belly of the grey horse also bothers me...it is just a little hard...the value is a little strong.  A few whiskers wouldn't hurt.  The highlights above the darker horse's eye might need to be just a tad less strong...and the edge of his jaw and neck should be softened.  The star marking on the darker horse seems a little strong in the composition...it would be easy to paint it out...but I would prefer to keep their markings accurate...so maybe push it back just a bit.

Obviously, it would be easy to nitpick and noodle it to death...I don't want to do that.  The changes I want to make will take about ten-fifteen minutes...then they'll be done.  Period.

Finished piece...

"Lean on Me"

24" x 18"

Oil on Stretched Canvas

Fox Me a Copy

by Lyn StClair

In the Fall of 2012, I debuted this painting
titled "Grasshopper"...

A week after the Georgia show where it was first exhibited, by chance, I walked into a little art show in Nashville...and saw this:

When I spoke with the artist (who, up until then, I had considered a friend), it went something like this:

Lyn:  "There is a fox painting out front that looks extremely familiar"

(Copycat):  "Yes, I was inspired by your use of color"

Lyn: "It is exactly the same"

(Copycat):  "Oh no, the pose of the fox is COMPLETELY different"

That, and seeing copies of work by other artists hanging in his booth, was the conversation ender. I picked up his card, photographed the copy and contacted my attorney.  

As I was taking a photo of his copy (he'd even copied my framing!), a customer walked in, looked at his piece and exclaimed..."Wow!  That is what I love to see, a completely original work of art!"  When I showed her the image of my original painting on my iPad and replied "it is a copy of my painting", she shrugged and took a photo of his painting.

Originality…what is it made of?  As artists, we strive for originality in a world that makes copying "okay".  There are knock-offs of everything you can imagine being sold on street corners, online and in stores everywhere.  What has happened to us?  Where did we lose the appreciation for true originality?  Artists are admired and revered for their originality…but what about the ones who copy other artists?  Why do some people choose to copy the work of others?  Is it laziness, a lack of integrity or simple ignorance…is it possible they just don't know any better?

Throughout the history of art, artists have learned to paint by copying one another or other people's photos.  The comic books that many artists grew up with (my Dad and I included) had adverts on the back asking you to "Draw Me!", copy a drawing in the ad to send in to their "scholarship" competition.  For centuries, students of art have stood with easels and sketchbooks in front of the art of masters (old and new)…to learn by copying every brushstroke.  Heck, I started my professional career doing dog portraits from life (at age ten) after copying a lovely portrait by Betty StClair (my Mom…and she said I could).
Copying as a tool to learn is one thing…

Where does it cross the line into "theft", though?  

First, lets get the dry stuff out of the way...a little about the legalities of copyright.  According to the U.S. Copyright Office/Library of Congress:

"Copyright is a form of protection provided by U.S. law to authors of  “original works of authorship,” including “pictorial, graphic, and sculptural works.” The owner of copyright in a work has the exclusive right to make copies, prepare derivative works, sell or distribute copies, and display the work publicly. Anyone else wishing to use the work in these ways must have the permission of the author or someone who has derived rights through the author."

"A work is automatically protected by copyright when it is created, that is, “fixed” in a copy or phonorecord for the first time. Neither registration in the Copyright Office nor publication is required for copyright protection."

"Before March 1, 1989, the use of a copyright notice was mandatory on all published works, and any work first published before that date should have carried a notice. For works first published on or after March 1, 1989, use of a copyright notice is optional."

As per that last paragraph:  If you see a work that does not have "copyright" on it…it does NOT mean it is free to use!!!

For visual artists…copyright of every original image belongs to the creator of that image (this includes photographs).   That means you may not copy a work of art (or photo) without express, written permission of the original creator.  To put it bluntly, if you copy a painting, sculpture or photograph created by anyone other than yourself without written permission:  it is stealing, plain and simple.  By the way, it goes for writing, as well.

What if you"change" it…where does it become "safe" or "derivative"?  Here again, words from the Library of Congress:  

"A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work”."  

Copyright law takes a narrower view, defining “derivative work” as “a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.” (17 U.S.C. § 101)

This is important because one of the rights given by law to copyright owners is “to prepare derivative works based upon the copyrighted work.” 17 U.S.C. § 106. That means the original creator of a work has the exclusive right to produce derivative work…anyone else has to have the permission of the creator.  Even Hollywood cannot make a movie of a book without obtaining the " rights" from the author…the same goes for photographs and paintings!

As artists, we often find "inspiration" in the works of others. Where is the line drawn between "inspired by" and "stealing from"?  "Fair Use" is a defense available to someone who uses the work of someone else—without permission—in the creation of (his or her) own.  "Fair Use" does not mean "okay to copy"!  This is what the U.S. Copyright office says about Fair Use:

"The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.  Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair."

Fair use is a slippery slope, though… the court's interpretation of  those four factors is subjective and can bring  unpredictable results.  You may think your use is fair, the original creator and the court may well think otherwise.   Essentially, if someone recognizes any similarity between your work and the original: you're in trouble. 

A few simple rules to remember:

If you didn't create it yourself, someone else did…and it belongs to THEM!

It does not matter if you are selling it or just using it for your own purposes…copying without permission is stealing.

Just because it is on the internet…it is NOT free to use.

Just because millions of other people are doing it…NO!  Hello?  Heard of lemmings?

Now to the "art" of the matter…and the original point:  What true artist would WANT to copy the work of another artist?  

Having stared at my easel for seemingly endless hours over the years as I work to draw something original from my mind/heart/soul…I can tell you it is not always easy (understatement!).  THAT, my friends is why they call it "art"….if it were easy, it wouldn't be special.

People who hear of a copyright infringement often say to the original artist: "what a compliment".  The artist who copied my fox, when confronted, said "I was inspired by your use of color".  While I can appreciate the intended compliment, what that artist did with his inspiration was WRONG.  To look at someone's work and be moved, to be inspired to reach for something greater in yourself, to push your work a little closer to the edge…THAT is a compliment to the original artist.  To copy what they did and sign your name to it…that is just stealing.  By the way, another thing people tend to say when they look at the samples of "stolen" paintings such as above:  "well, it's a BAD copy".  It does not make a difference if the copy is bad or better than the original…it is theft.

As artists, it is impossible not to be inspired by artists and work that moves us.  What one does with that inspiration is what separates the chaff, though.  Oleg Stavrowsky wrote a fabulous article for Southwest Art (Dec. 1996) called "Ten Artists I Steal From".  Stavrowsky strikes at the soul of what it is to be "inspired" by another artist.  I encourage every artist to read it if you can find a copy…if not, come to my house and you can read mine.  

By the way, if you don't know it already, photography falls under the copyright law.  If you copy someone's photo without permission…it is theft.  It amazes me how many artists hang work at shows that was copied from magazine images…seriously, do they think they're the only one who saw that photo?  This applies to images  online, as well (including FaceBook).

Something to consider if you buy photos for reference…there is not a serious photographer anywhere who does not let the motor drive run when something cool is in front of his/her lens.  Just because you buy the rights to image #27…does not mean the photographer will not sell image #25, 26 and 28, 29 to someone else…all of which could look exactly like the image you purchased.  Legally "owning" an image does not mean it is a good idea to copy it exactly.  The composition of a photo is the artistic creation of the photographer.  Faithfully copying someone else's image and/or composition, whether you "own" it or not, is not original art.  

Creative people are quick to whip out their "artistic license"…perhaps more artists should also embrace their "artistic integrity".   Artistic integrity does not mean you starve rather than "sell out"…it means you approach your work with honesty and ethics.  It means you go the extra mile to create works that vibrate with your OWN voice rather than echo others..  We should always strive to create art that draws from the unique originality that lies within each of us…it might be harder to find, but it is well worth the effort.  Remember, your art will live long after you are gone…be true and be ORIGINAL.

Post script:  As I was working on this article, I came across the prospectus for Southwest Art's "Artistic Excellence" Competition.  The paragraph on "eligibility" included this:  "Compositions based on published material or other artists’ work are NOT considered original and are not eligible. Paintings based on another person’s photograph (even if it’s copyright-free) are NOT eligible."  THANK YOU Southwest Art!  If  only that standard could become de rigueur for all exhibitions, museums, galleries, shows and competitions.   

Here are a few links to more information:

"10 Big Myths of Copyright Explained" by Brad Templeton http://www.templetons.com/brad/copymyths.html

Library of Congress  http://www.copyright.gov/help/faq/

Being There

by Lyn StClair

It is 4:47 AM and I have been sitting and contemplating the composition of a sketch for a new painting of a polar bear and ross's gulls that is coming together on the 24"x48" stretched linen on my easel.  As I stare at the piece, I am reminded of the trip when I saw my first white bears and pink gulls…

Several years ago, my friend Cathy joined me on a trip to Barrow, Alaska to visit my friend Donald and try to see polar bears.  We arrived in Barrow in October, in the middle of whaling season.  

Barrow is about as North as you can get.  One of Donald's nieces described it best in a call to him shortly after he started working there:  "Uncle Donald, we looked you up on the globe…you're really close to the screw!!"  Yup, that about sums it up…

We managed to rent an SUV from a local hotel and proceeded to troll the limited roads of Barrow in search of polar bears.  

Toward one end of our route , a whale carcass was being dismembered by the townspeople while whaling crews continued their hunt.  

Near the other end was a beautiful cemetery in the snow with white markers and colorful plastic flowers.

Big trucks loaded with one sort of detritus or another rumbled from one end of the road to the other (there is no road out of Barrow).

Grey-green waves crashed on the beach and a cold wind whipped the landscape.

There was no sign of bears on the first day…no sign of much of anything.  The arctic fox we saw in the distance saw us and ran like lightning the opposite direction (they hunt them, here…they hunt everything here).  

One morning, Cathy was feeling a wee bit stressed that she'd used precious vacation time for this...and no bears.
So, I offered a suggestion…in my very best (which was very bad) Jacques Cousteau accent, I said:
"Ho-kay, tew-day ees dee day zat vee speak vis zee varra bad French accents…and ZAT eees how vee find da polar baars."

Cathy groaned "Zee mud, but ahll zere ees, ees  MUD!"

and I replied:  "And zee sheet haulers, zhey haul zee sheet in zee mud from wan end to da other"

Thus it began…

We became our own comic relief…and we couldn't seem to stop the silly accent thing (much to the dismay of our dear host, Donald, a speech pathologist).  

We weren't finding much to shoot...but we were laughing so hard our faces hurt...

Then slowly, we began to find wildlife.... discovering the snowy owls that sat in the cemetery, posted on fences and hunted the tundra on the ends of town.  We found a Jaeger cruising a frozen pond.
We tried to sort out unfamiliar gulls and eiders. 

We'd been told to look for the pink gulls, which brought a wide-eyed look of wonder at one another…Ross's gulls!  A holy grail for birders!  

So, we'd sit on the beach and scan the birds with binos, looking for the "faint wash of pink"…

"Oh, that one has pink…could it be…?!"  

Back and forth we went, scanning for bears and shooting whatever we could find.  In the long stretches between seeing wildlife, on top of the silly "French" accents, we invented the Wide World of Arctic Sports:  dead bird leaping, wind jumping…

Basically, we did what Cathy and I do best:  

we played.

One day, on the way to the cemetary, we discovered a "stink" whale that had washed ashore.  This is a whale that had been harpooned, but escaped being brought in by the whaling party.  They die at sea, then wash ashore too late to be used for food.  We visited the stink whale often, hoping for a bear…and sadly mourning its terrible fate and the waste of a beautiful life.

We trolled and searched the tundra until our eyes hurt...

We even tried doing bear dances on the beach.

 Locals suggested looking for bears in the middle of the night (it started to get dark about 4 PM and didn't get light until nearly 10 AM)…so we began cruising in the deep of the night and the wee hours of the morning.

One night we brought Donald and his partner, Mick…who rolled their eyes at the accents (Donald whispering to Mick: "make them stop"), then fell asleep in blankets in the back seat while we looked for bears.

We found a lot of bear tracks...seemed we just missed them several times...

Then, late one night we were leaving the stink whale when we saw them…a sow polar bear and her nearly grown twins.  They were ambling up the road ahead of us.  Cathy was driving and carefully tried to sneak up as close as possible so I could, at least, get a record shot with the camera.  

They were MAGNIFICENT!  Cathy and I have been very close to many grizzlies over the years we've known one another…these white bears make grizzlies look small!  As we crept closer, I aimed…and "click"…the flash bounced off the windshield.  

The sow stopped and turned with a menacing look that pretty much said "do that again and I will open that thing like a sardine can and feed you one piece at a time to my kids!"  

Cathy whispered:  "Oh sheet, she eesa verra, verra beeg!" and we were lost in a paroxysm of laughter.  

We followed at a more respectful distance as the three bears ambled on and disappeared into the night.  We giggled like leetle girls the rest of the trip over Cathy's reaction to the bear.

One morning before we left, we were scanning the beach as usual when we saw them.  A flock of Ross's gulls hunting the surf and skimming the beach.  Our jaws dropped.  

Whatever we had seen before, it was not Ross's.  The "faint wash of pink" description in the bird book could not have prepared us for these gorgeous salmon and grey gulls hunting the green-grey surf.  Spectacular.

As I work on this painting, it comes to life with memories of Barrow, of the personal experiences with these two species and the laughter shared with my friends.  

My paintings are not just a portrait of a certain animal....they are stories of places I've been, things I have learned, people I have loved and homages to the beautiful creatures that I have been so very privileged to have seen.

As an artist, I cannot paint something I have not seen in the wild, in it's natural habitat. 

Photos mean nothing...the experience is EVERYTHING. 

There is always something new to be discovered…and there is simply NO substitute for being there…

So, as I tweak the sketch and prepare to start painting, I remind myself:  

She eesa verra, verra beeg…

  

...and zhey vere a verra, verra PEENK!

The Yin and Yang of Duende

by Lyn StClair

We have all heard artists refer to the "muse".  The muse is inspiration from outside. Creating with passion also means listening to and acting on something deep inside. It often means defying logic and sometimes pushing ourselves in directions we don't consciously want to go.

The Spanish poet Garcia Lorca called this "duende" and described it as "a power and not a behavior, it is a struggle and not a concept...it sets blood afire…it exhausts and consumes us" He wrote "I have heard an old master guitarist say: ‘The duende is not in the throat; the duende surges up from the soles of the feet'."  

In his "Theory and Play of the Duende", Lorca wrote:
"Seeking the duende, there is neither map nor discipline. We only know it burns the blood like powdered glass, that it exhausts, rejects all the sweet geometry we understand, that it shatters styles and makes Goya, master of the greys, silvers and pinks of the finest English art, paint with his knees and fists in terrible bitumen blacks..."

The best work comes out of responding to duende, this consuming "urge" to paint. It makes your heart pound....sometimes it seems to tear your heart right out of your chest.  When this feeling hits, I have to drop everything to paint and I will paint until wholly exhausted. 

Some paintings almost feel as if they are channeled...the hand with the brush pulls something out of the air that often surprises even me.  In addition to countless learning opportunities, in my opinion, these wild dances with the muse and "duende" produce the best work.

The other side of the duende fire...the "yin" side...is "block". As suddenly as it appeared, the inspiration may vanish...maybe right in the middle of a painting. I have learned to stop when that happens. For me, trying to "force" a painting to work often ruins it. At times, I may go a month or more without even going near the easel.

You have to let go and understand that periods of "non-creativity" are as essential to the artist as the frenzies of inspired work. You can't be creative 24/7...you need time to recharge.  When faced with "block", I try to do something different. I "chase" bears, hike, ride/train my horses, take a trip or dive into a book.  Sometimes I look for activities that may inspire future work…other times, I simply play. 

If you want to keep your work fresh, learn to give the muse a little breathing room once in a while. Stepping away can be just as productive as sitting at the easel...if you learn to turn "block" to your advantage.  

It is easy to get caught up in the rush of duende…it feels good, it is what we believe making art should be like.  Block, on the other hand, brings stress and suffering.  We berate ourselves for having "lost" our creativity or worry that we will not have the work we need for exhibitions and collectors.  The key is learning to perfect the practice of block…and to appreciate the opportunities it offers to reflect, consider, explore, experiment and learn.  

Have patience with your periods of block, honor that time to look within (or without).  Soon you will discover that the deep, dark, cool stillness of "block" is as delicious in its own way as the wild, heated rush of duende's fire!

Drawing on Karma

by Lyn StClair







The first piece pictured here is the latest in a new series of works exploring an entirely different (and experimental) medium.

While I was absolutely captivated by Karma's amazing use of her personal airspace...to me, this piece (titled "Touch the Sky") is more than just a drawing of a horse.  It is about reaching for the stars and being willing to leave the security of the ground.

As artists we HAVE to try to go where the muse sends us.  That is how we grow...and, hopefully, what makes "art".  When we choose to spread our wings and reach for something new, it can be like stepping into the void.  This new series of "paintings" (sparked by one I did of Karma this past Winter) is a long leap from the work that I have become "known" for.  That alone is scary...wondering how they will be received...and if they will sell...

The first show where I showed these pieces helped a little...an "Award of Excellence" for the first one of Karma and a great response, even a couple of sales.  Then a rejection from a museum show for another.  Neither awards nor rejection mean anything in the long run, though...what matters is the originality you strive for and the soul that goes into your work.

Exploring a new direction is more than trying a new "style":  it is about finding your voice all over again in a completely different key.  It is about re-inventing yourself.  These new "paintings" (I am still not quite sure what to call them) have swung from fairly representational...to wildly loose and contemporary.  Each one brings its own set of challenges to the table as I not only experiment with design...but with surface and media in a way that has not been done (to my knowledge).

Once again, I have fallen in love with black and white...with contrast and line and negative space and value.  Subject-wise, I have tried some of the usual "charismatic megafauna"...in part because they are subjects I love...in part because I want to worry less about "subject" and more about style, comopsition, design, etc.  Again and again, I come back to Karma, though.

It is hard NOT to be inspired by Karma (Karmelita).  She is big, gorgeous and has a personality that, in itself, is a work of art.  She is grey...like a charcoal come to life.  She plays like no other horse I know...she seems to be as much a part of the air as the earth sometimes.  In a way, she is the personification (horsification?) of what I am trying to do with my work.  Not to mention...she is fun to watch AND draw...and there lies another factor in making art...it should be fun.






In my opinion...artists themselves are a work in progress.  We should be constantly trying to explore, to experiment, to raise that bar ever higher.  Along the way there will be some wonderful highs, some brutal crashes and some seemingly endless plateaus.  But if you constantly push yourself and your work beyond what you are comfortable with...you cannot help but become a better artist.



There is no getting "there" in the life of an artist...there is always a better way to try, a different way to express, a new thing to explore.  As with anything, it is easy to get stuck in a rut (especially if the "rut" means sales).  For me, it is vital to create for the sake of art, not just the market.  When I catch myself feeling restless or "working" too hard on stuff that is "easy" to sell...I know it is time to try a new direction.


That period of transition is always scary...and yet also exhilarating.  There are few things harder than feeling yourself not growing in your work...and few things as delicious as finding joy in your work once again.

When you can hardly sleep after finishing a piece because you cannot stop thinking about the next one...you might be on to something,