The current issue of the Washington City Paper has a piece on page 48 by Dave Jamieson titled "Photo Opportunity" that raises (at least in my mind) some uncomfortable issues about copyright and art and more importantly, the lack of clarity in the law as to what constitutes copyright infringement in the visual arts.

The piece discusses "a controversial painting method" employed by artist Barbara Beatty, currently on exhibit at Foundry Gallery in the Dupont Circle area. Beatty paints from photographs, which is neither controversial or new.

But according to the article, Beatty "pores over the Washington Post and the Washington Times each morning" essentially searching for photos that she then uses as the basis to create paintings. I don't know enough about the law to figure out if this would be or could be interpreted as walking on copyright's thin ice, as the variables are too many, but it does bring up the point that artists should always be aware of what copyright means in the visual arts.

There is also a great article on the subject in the current December issue of Art Calendar Magazine. This monthly publication is a great resource for visual artists, as it focuses on the business of the arts, rather than art itself.

Anyway, on page 29 there's a great article by Attorney Elizabeth Russell on the subject of Art Law.

According to Ms. Russell, the Visual Artists Rights Act of 1990 (or USC 106A) is an amendment to the US Copyright Act designed to protect artists' "moral rights," which are the artists' personal (as opposed to economic) interests in a visual work of art.

But the most interesting issue addressed by VARA (at least to me) is that since 1990 the law has defined what constitutes a "work of visual art." And the following are legally defined as not being "visual art": "poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, data base, electronic information service, electronic publication or similar publication."

And equally eye-opening is the fact that the law defines (17 USC 101) a "work of visual art" as follows:

(1) A painting, drawing, print or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author; or

(2) A still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author.
A work of art does not include --
(A) (i) any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, data base, electronic information service, electronic publication or similar publication;

(ii) any merchandising item or advertising, promotional, descriptive, covering, or packaging material or container;

(iii) any portion or part of any item described in clause (i) or (ii);

(B) any work made for hire; or

(C) any work not subject to copyright protection under this title.

Is this eye-opening or what?

For the last several years I have been attending the Annual Mayor's Arts Awards, which this year will be hosted at the John F. Kennedy Center for the Performing Arts.

Now in its 19th year, this is one of the best nights of the year for any art enthusiast in our area, and yet I am always shocked to find that amongst the many hundreds of people who attend the awards, I see precious few recognizable faces from what one would equate with our area's "art scene."

It's almost as if there are two, separate (and unequal) art scenes around here. And it's a shame, because this Art awards night is a lot of fun and full of an incredible artistic energy that is rarely seen (or read about) elsewhere.

The awards night show (which is free and open to the public) is always showcased by a spectacular performance show, which usually includes music of all kinds (opera, pop, blues, salsa, etc.) by different groups, dance (from classical to tap, etc.), poetry (traditional to slam) and a variety of other entertainment acts offered in between the awards.

The event is alwasy fun and always well-catered (so the "grubs" are always there), and I guess about 800-1200 people generally attend it.

Awards are presented in the following categories:

Excellence in an Artistic Discipline - To an individual artist or an organization that has demonstrated a substantial history of extraordinary achievement in an artistic discipline.

Outstanding Emerging Artist - To a promising individual artist or group of artists that have demonstrated artistic excellence and achieved distinction in an artistic discipline.

Excellence in Service to the Arts - To an individual or a private, public, or government organization that has demonstrated a substantial history of exemplary leadership, financial support, or other services vital to the development of the arts in the District of Columbia.

Outstanding Contribution to Arts Education - To an individual or organization that has demonstrated outstanding efforts to evoke interest and understanding of the arts.

Innovation in the Arts - To an individual or organization that has demonstrated ingenious use of skills or resources to produce art, art programs, or services.

See past winners here.

On behalf of The Honorable Mayor Anthony A. Williams and the DC Commission on the Arts & Humanities, I'd like to invite all of you to the 19th Mayor's Arts Awards at the John F. Kennedy Center for the Performing Arts "The Concert Hall" located at 2700 F Street, NW Washington, DC. The awards will be on Monday, January 5, 2004 (ceremony begins at 6:00 pm). First come, first seated and come early, as the place usually gets packed.

To get there, take Metro to Foggy Bottom and a free shuttle bus is available every 15 minutes between Foggy Bottom Metro and the Kennedy Center.

Joanna Shaw-Eagle, the Washington Times' Chief Art critic has an interesting review of what sounds like an even more interesting show at Fondo del Sol on R Street.

The show, organized by Marc Zuver, who directs Fondo del Sol, seeks to establish a ancestral connection between the Basque people of Spain and France with the Georgian people of the Black Sea and the eventual distilling to art influences in Latin America.

As Shaw-Eagle notes: "Whether visitors can follow Mr. Zuver's complex, and sometimes, puzzling, connecting of ancient Iberian influences on New World art is questionable, but most of the art is definitely first-rate and challenging."

My good friend Marc Zuver runs Fondo del Sol, one of the very first museums of its kind in the United States, with very little funding and help, and with extraordinary hard work and dedication on his part. He is one of the most animated, talkative gallery directors on the planet, and if you go visit him, be ready to spend a dozen hours discussing Iberia and Georgia and genetics and art.

Robert Lalasz, who is the Senior Arts Writer at the Washington City Paper debuts a new column in the current issue of the WCP. It's called "Show and Tell" and according to the column's banner, it will be a monthly column on "Money, Politics, Issues, Controversy. Just another week in the D.C. arts scene."

This is a great addition to the WCP's arts coverage and we'll keep an eye on it to discuss it, as unfortunately the WCP doesn't archive stories online, therefore I can't link to it, so go get a copy and read it.

Lead story in this week's column: Why the convention center public art isn't public. And Lalasz does a great job in bringing forth the incredible fact that Washington's largest "public" art collection is essentially not open to the public.

Also in this week's Washington City Paper, Louis Jacobson writes about Lydia Ann Douglas' exhibition of Cuban photographs at Teaism. Jacobson's shrewd insight into the DC art scene is revealed when he writes that some of the photos echo the work of Washington area photographer Nestor Hernandez, who has been photographing Cuba (while re-discovering his Cuban father's family) since the 1970's.

Nestor Hernandez's massive documentation of his Cuban family and Cuba not only predates the flood of photographers who have invaded Cuba drawn by its exotic forbidden lure, but certainly deserves to be reviewed and considered for a good museum showing, especially now that Cuban art is so hot around the world and interest in all things Cuban has risen due to the clamp-down on travel to the island prison.

Let me be the first one to suggest that Philip Brookman or Paul Roth at the Corcoran should consider scheduling Nestor for a show.

Eric Fischl will be in DC next March at the Hirshhorn and will discuss his work and the current direction of figurative art. Mark your calendars now: Thursday, March 11, at 7 p.m at the Hirshhorn Museum's Ring Auditorium.

Here is a pen and ink sketch that I did in 1985 at a disco in NYC - my best friend Frank (from High School) was a NYC cop and he moonlighted doing security at this disco that was always full of artsy people, actors, actresses and wanna-be's... super hard to get into, but I got in with Frank.

These two really pushed figurative art didn't they!

Great opportunity for visual artists:

The Glenview Mansion Art Gallery in Rockville, MD has a call for artists to select their 2005 Exhibition season. The deadline is January 9, 2004. Open to all artists living and working in Maryland, Washington, DC and Virginia.

There is no entry fee. A juried panel will select artists and create nine exhibits to be placed into the 2005 calendar. If more than 125 entries are received, the City reserves the right to implement a two-tiered panel review to ensure an appropriate review of all applications. Jan 30 – All artists notified of selection. The City of Rockville will receive a 20% commission on all sales. For more info call 240-314-8682.

For Artists:

The Artists' Health Insurance Resource Center is designed to meet the critical need for health insurance information in the arts community. Well worth a visit.

Art on Location is a unique new arts program that showcases contemporary fine art from talented local artists in upscale and popular consumer venues throughout the Greater Washington D.C. metropolitan region. Info at 202/986.0549 or events@artonlocation.com.

And for photographers...

Deadline Jan. 12, 2004. "Regional Juried Photography Exhibition". Open to all residents of MD, DC, DE, PA, VA, & WV. All photographic work accepted, including digital and alternative processes. $25 for 4 slides, $5 for each additional slide.

Washington Gallery of Photography. Show February 13 - March 7, 2004. Acceptance notification by January 15, 2004. All photographs judged from slides. Cash prizes and exhibition opportunities for first, second and third place winners. For entry form, see www.wsp-photo.com, or send SASE to Washington Gallery of Photography, 4850 Rugby Avenue, Bethesda, MD 20814. Tel: 301/654.1998. E-mail: wspinfo@aol.com


See all of youse tomorrow in Georgetown for the Third Friday Canal Square Gallery Openings.