Will Negative Review of Art Reduce Permission Chances?

Dear Rich: I'm writing an academic essay on art criticism and some artworks I criticize and others I say better things about. In looking for free copies of these images, how do I handle the galleries whose artists are coming under critique? Is it ethical to hide the fact that they won't come out so well? I feel far more comfortable asking for free copies of images from galleries and museums in which the artist comes out better. We know what you mean about that ethical thing. The Dear Rich Staff has worked as a reviewer and sometimes we feel funny panning somebody's work even if we didn't have to ask permission for anything. That's because we know how much effort went into the thing and we feel bad deflating the tires, so to speak. On the other hand, everybody's a reviewer these days so maybe reviews really don't matter any more.
Right, you had a question. Obviously your chances of obtaining permission are reduced if you inform the person from whom you're seeking permission that you intend to pan the artwork. So, our suggestion would be not to mention it. Like Admiral Hopper used to say, "It's easier to ask for forgiveness than it is to get permission." Though some may disagree with that approach, we feel it's fine in this situation. After all, academic criticism is valuable and is intended to provide benefits to the artist and the public. So, we see nothing wrong with simply stating that you are preparing an academic essay and need a high quality reproduction of the work for reproduction with your essay. If you cannot get permission and you are going to produce a printed publication, you may be able to reproduce thumbnails under fair use principles -- at least that's been the trend recently for books and websites. And of course, though it may be expensive, some artwork can be licensed with few questions asked through sources such as VAGA and ARSNY. (Columbia University has a site explaining the licensing principles of museums and galleries.) And while you're at it, we're curious what you think of this artwork?

Dancing

Isn't this photo of a dancing couple lovely? The print would look beautiful framed (or wrapped up with a red bow as a wedding present).

Swedish optical illusion

Swedish artist Erik Johansson created this incredible optical illusion in a Stockholm city square. The ravine looks so real, it gives me goosebumps!

(Via the brilliant NYMag)

Embroidered portraits

Daniel Kornrumpf's embroidered portraits blow my mind. Can you imagine how long they would take? I love the incredible detail, like wayward mustache hairs and hungover eyes.

P.S. Motherhood Monday post coming up!

(Via Illusion)

Does drawing a trademark prevent getting sued for infringement?

Dear Rich: In response to your recent question about a children's book ... I have done a book for children that features some of their toys, but instead of using photographs of these, I have drawn them, so they resemble the toys. I believe there is no issue with trademark infringment. Can you please clarify this for me? For those readers who don't have time to wade through a few paragraphs, the short answer to our blog's question for today is "Not necessarily."
Please Don't Sue Dept. By way of example, today's thumbnail image, Ed Ruscha's "Large Trademark with Eight Spotlights," (a painting of the 20th Century Fox logo), does not infringe under trademark law because Ruscha is not using the mark to sell anything (other than the art work itself). It's referred to as an informational (or "editorial") use. It's generally fine to use most trademarks for such artistic or news purposes without worrying about trademark infringement but if the trademark has substantial decorative features, it is also protected by copyright (we explain the diff here).  Any reproductions might be considered infringing derivative works (unless declared a fair use).
Walking a Thin Line Dept. Where Ed Ruscha could run into problems would be if he licensed the use of his painting for t-shirts, merchandise, or for use in connection with films or TV shows. In that case, the use shifts from informational (artistic or news) to commercial and 20th Century Fox might argue that consumers are likely to confuse its products with those offered by Ruscha.
"That Said"Dept. In summary, the fact that you drew the marks may not shield you from a cease and desist letter. In addition, some users of trademark images lose the "editorial shield" when they modify the appearance of a trademark. That said, you should also factor in the bigger question of whether the trademark owner will notice your use (or care if they do notice). If the answers are "no" and "no" then you're good to go.

Art and Text Combinations: Copyright or Trademark?

Dear Rich: I have come up with several different art works and slogans that go along with the art work. This art work and slogans are directed towards a certain group of people that enjoy participating in a certain type of sport. After doing some reading, it appears to me that both the art work and slogan would be protected under a trademark. I know art work can be protected under a copyright but I don’t think that includes a slogan that goes along with the art work. So my questions are as follows: (1) Does a trademark protect both art work and slogans? (2) Can I submit 2 or 3 different art works and slogans under one trademark if they are all directed towards the same clientele and sport? (3) And if my applications are denied, do I get my money back? We're in a backwards kind of mood so we'll answer your questions in reverse order.
(3) No, you don't get your money back. The USPTO will not refund your $300+ application fee if your trademark application is rejected. That's why the Dear Rich Staff urges applicants to make sure that their trademarks avoid the three most common reasons for rejection: the mark is descriptive and lacks secondary meaning; the mark is the generic term for the goods and services; or the mark (or something substantially similar) is already being used in commerce by a 'senior user' for those goods and services. (We explain all three standards here.)
(2) No, you can't include more than one mark per application. The application and fee are "per mark," so you can't compile a bunch of marks and register them in one application.
(1) Yes, trademark will protect artwork combined with a slogan (and so will copyright). Let's start by talking about copyright. The art world, as well as the publishing, and advertising industries have long relied on copyright protection for art and text combinations. However, because copyright does not protect short phrases, the copyright for an art+text work usually doesn't extend to the text, by itself. So if someone were to copy just the slogan from the works, you couldn't stop that person (with some rare exceptions). Registering the combination as a trademark will only work if you plan to use the art+text as a trademark -- that is, as a signifier for specific goods and services. This can pose some tricky issues. For example, if you use your art+text combo on a t-shirt, the USPTO might reject your application because the mark is being used in a decorative manner. That is, people are buying and appreciating the t-shirt for the art+text. Even if you can claim it as a trademark for apparel, for example, you would still need to register it in each class of goods for which you seek protection ... an expensive proposition. May we recommend that you rely on copyright until one of your works enjoys exceptional success, then you can consider trademark registration.

Parisian potholes

Artist Juliana Santacruz Herrera walks around Paris and patches up cracks in the street with braids of colorful yarn. Aren't they lovely? See more here.

P.S. Remember these pothole gardens?

(Via Honestly...WTF)

The invisible man

Chinese photographer Liu Bolin is meticulously covered in paint so that he disappears into his surroundings. Apparently, it can take up to 10 hours to prepare for a single shot. Aren't his photographs mind-blowing?! You can barely see him!

P.S. Remember these painted people?

(Photos by Liu Bolin. Via Honestly...WTF. Thanks, Leigh)

Embroidered book covers

How breathtakingly gorgeous are these embroidered book covers by Jillian Tamaki? She made them for Penguin Books, and rumor has it that they'll be available this fall. SO beautiful. (I'm sure Jane Austen would have wholeheartedly approved. I love Emma's little freckles!)

P.S. More + amazing + book covers.

(By Jillian Tamaki, via Black Eiffel)

Do-it-yourself cloud artwork

Since Alex and I are giving our bedroom a makeover, we've been thinking about new artwork. Well, this is genius: Amber took her a snapshot of clouds and then blew it up on glossy poster paper for $30. Then she framed it in an IKEA Ribba frame. The whole project cost less than $60, and it's gorgeous! Double thumbs up! I'm super inspired.

(Photos by Amber Interiors, via Little Green Notebook)

Ocean print

Alex and I are giving our bedroom a little makeover, and we've been looking for artwork to go over our bed. How calming and lovely is this ocean photograph? Laura Bell took it while on a ferry in Scotland, and the circular shape makes it feel like she's peeking out a porthole window. Beautiful, don't you think?

Permission to Use Museum Pictures

Dear Rich: If I receive permission from a museum to reprint a picture of their building and a picture of a sculpture or artwork, am I to assume that they have the necessary permission from the creator of the artwork or building, as well as the photographer of the given piece? How many permissions do I need? Speaking of permissions and museums, the Dear Rich Staff wishes we could get permission to show you some photos from this exhibit. Our staff reports that it’s quite a mind-blowing event. Which reminds us of when our staff was younger and we used to go up to Berlin, New Hampshire and visit an uncle who worked at a paper mill and that's where we learned how to make paper pulp. All very fascinating stuff.
Right, you had a question.  When it comes to permissions, don’t assume anything; ask what rights are being conveyed and get the response in writing. As for using the picture of the museum, you’ll need permission from the photographer and assuming it’s a publicly viewable building, that’s probably all that’s necessary. (More on that, here.) It’s possible that the museum may have acquired the rights from the photographer so in that case, all is well, as long as the permission states that. It's wise to include a warranty -- a short statement in which the museum assures you that it has the rights described. If the museum doesn’t have rights from the photographer, you'll need to contact the photographer or whoever was assigned the rights.
The picture of the artwork. As for the artwork, you'll need permission from the artist and the photographer of the artwork. Again, the museum may have been assigned these rights and that should be expressed in the permission. By the way, slavish photographic reproductions of public domain artworks may not always be entitled to their own copyright. (We talk about it here). In other words, it’s possible that a photographer may not get a separate copyright simply for creating an excellent replication of a painting.

Overheard on the Titanic

This heartbreaking print "Overheard on the Titanic" was made by blacking out words in a newspaper article with a Sharpie marker. Beautiful.

Venn diagram posters

So sweet.

(Via the hilarious Nerd Valentine)

Racetracks of the world

My dad and brother are obsessed with all things automotive. When we were teeny, I remember sitting in my dad's lap while we watched the Grand Prix on TV, and he would tip and turn along with the cars. I know they'd love these wooden race tracks to hang on the wall, which are surprisingly beautiful.

(Via Swissmiss)

Valentine's Day countdown

This February, I'd like to share love-themed posts every day until the fourteenth. Anyone with or without a Valentine can come here for some heartfelt Valentiney wishes. :) First up, how sweet is this print, below?
(Photo by Corey Arnold)

Matchbook Magazine

Have you seen the new Matchbook Magazine? The first issue launched yesterday and features a bunch of awesome people, including Haley Boyd, the Brooklyn designer behind Marais shoes. Isn't she cute? I love her little black shorts and how she leaned silhouette art on her radiator. Double thumbs up!

See the full Matchbook issue here. Congrats, ladies!

Giant flowers

This coming Tuesday, artist Will Ryman will launch an installation called The Roses on Park Avenue -- they're 38 giant pink and red roses, along with beetles, bees, ladybugs, aphids and thorns (which the New York Times says will "stir a sense of foreboding"). Twenty petals will also be scattered on the ground, six of which will double as lawn chairs. The flowers will stay up through May as "the artist's love letter to New York City." Can't wait to see it!

P.S. Remember these waterfalls?

Wedding present

When our friends Jake and Elizabeth started dating, she seemed very guarded, and he worried that she might never fall for him. Looking for encouragement, he asked three of her friends about her, and here were their crazy answers...

Her first friend's answer: "Dude, she's a tough nut to crack."
Her second friend's answer: "She's an uncrackable egg."
Her third friend's answer: "She's an impenetrable fortress."

How hilarious is that? And he had asked them all separately!

Well, against all odds, Jake did woo her, and when they got married last year, my sister gave them a present of these three original commissioned prints by Erin Jang. (See how the nut is cracked, the egg is cracked, and the fortress is open?) How cute is that?

Love print

What a cute print. :)