There is valuable information in the Society of Decorative Painters magazine, “The Decorative Painter.” Here are some areas in which you may be interested.
Who Owns the Design?
By Jay Staten
Copyright questions come into the SDP offices daily. Given the inquiries we receive, it has become clear that this is an area of confusion for many artists. Copyright governs creative works, such as art, photography, music, performance, writings, etc. The World Intellectual Property Organization governs all international rights, so no matter where you are in the world, the basic laws are the same. In the U.S., the moment an original work is created, it falls under copyright protection. As a designer, the mere act of creating it makes it yours—and that copyright is valid for your lifetime, plus seventy years.
USING PATTERNS
For decorative artists working with patterns, it is important to remember that the designer of the pattern owns the copyright. When you purchase a pattern packet, magazine, book, online download, or class materials, there is an implied grant of permission from the designer to paint the project for personal use, education, and enjoyment. This falls under the fair use clause of the copyright laws. This is one of the reasons that many designers request that you sign your work with, “Painted by (your name), from a design by (designer’s name).” The above scenario does not give you the right to reproduce the work for personal gain or glory, to teach or publish the work, or create an adoption (derivative) of the work. To use the design in these instances, seek written permission from the original designer.
DERIVATIVE WORK
One of the most confusing areas of copyright law for artists is the concept of derivative work. It is defined as “a work based upon one or more preexisting works.” Generally speaking, if you adopt anything in your painting from another source, it is a derivative work; and therefore, you must seek permission to use. This includes a part of a pattern, a photograph taken by someone else, something from the Internet, animated characters, image from a published source, or other media. Recently a painter asked if she could use a drawing from a child’s coloring book as a pattern for Snow White to create a series of pieces for a charity project. The answer is no. This would have been a derivative work, and in this case, she would need to seek permission from Disney. Even creating the general image we associate with Snow White would be incorrect. However, the artist could have made up a completely different character and called her Snow White, since titles cannot be copyrighted. In addition, just because it was for charity does not give permission to use. The fact that someone is not creating something for profit has no bearing on copyright.
PUBLIC DOMAIN
Artists may use items that are now in the public domain. To determine if something is in the public domain, the general rule of thumb is if the creator is deceased, add seventy years to the date of their passing. If they are still alive, the work is in copyright. Prior to 1976, there are other ways to determine if something is in the public domain, but this rule is the easiest to follow.
NOT COVERED
Copyright law excludes just as much as it covers. It does not protect the name of your work, product names, or slogans. In addition, it fails to protect ideas, concepts, systems, or methods of doing something. In some cases, patents or trademarks may cover some of these areas. In closing, the best rule is to ask before using. If you are in doubt, feel free to call SDP with questions, or visit copyright.gov.
Have You Tried Colored Pencils?
Posted: 23 Mar 2011 01:15 PM PDT
One of the hottest new media trends in decorative art is the use of colored pencils. Have you tried them yet? The results can be absolutely breathtaking. Their wonderful colors and ease of use are very attractive features for the busy, modern lifestyle.There are several advantages to explore the use of colored pencils. If you have an hour or so, pick up a pencil and work on a project. When duty calls, put the pencil down, walk away, and pick it up later on. There is immediate gratification not to be involved in any extended cleanup. Another wonderful consideration is the portability of the media. They are great to take on vacation or a day trip to another location.
Supplies
Pencils Quality colored pencils are produced throughout the world. I prefer Prismacolor because they are a professional product that can be easily found in catalogues and stores. Replacement pencils can easily be added to your supply, as well as additional colors from available open stock. They have a soft wax core that responds easily to blending techniques. Invest in the largest set that is economically feasible.
Papers
Colored pencils may be applied to a variety of papers and surfaces. I will often use Canson Mi-teintes paper. This paper comes in a wide variety of colors and will have both a rough and smooth side. Depending on what effect that you wish to produce, identify which side that you will use for a project and tape it to the support.
Other Supplies
A drawing board will provide support on which to tape your paper. This could be a piece of masonite or smooth cardboard.
A variety of erasers will be valuable tools for corrections or various techniques. I love my battery operated eraser.
A quality battery operated pencil sharpener will make the whole process more efficient. A sharp point is your best friend.Tortillions are tightly rolled paper stumps that are used for softening or blending colors.
Spray fixatives are used to protect final drawings.
A large makeup type of brush to fluff away pieces of pencil that may end up on the surface.
Basic Terminology and Techniques
As with any means of artistic expression, experience will be your best teacher. Through practice and diligence, colored pencils will become an exciting new means to stimulate your creative endeavors. There are many exciting techniques and possibilities to this medium. Practice, have patience, and explore new approaches. Soon, you will make choices that are correct for your personal means of expression.
Layering
Layering is a basic colored pencil technique that stacks one application of color on top of another. Move back on your pencil, holding it in the middle and using the side of the point to apply color. Rotate the pencil point to maintain adequate application of color. These applications are applied with very light pressure. Multiple applications create a more opaque presentation. Pressure, again with side of the pencil, can be applied to melt two values together.
Application of layers
1. Grasp your pencil halfway down the shaft. This will allow the side of the very sharp lead point to create the application of color. Apply multiple light pressured layers
2. Keeping your pencil very sharp at all times, apply in either a circular or linear motion.
3. Burnishing a surface is to use pressure to blend color applications together. A basic way to create this effect is to use added pressure on the colored pencil or a tortillion. The colors will melt together to create a blended effect. This technique can only be used on the later stages of application. If you do it in the beginning, the pencil will create a wax resistant layer which will hamper future applications.
Article submitted and written by Mary McLean CDA,BFA,M.Ed.
- A Skillbuilder exercise by Maureen McNaughton Gourzong – We all need a refresher course from time to time about brushstrokes. Look at pages 47-51 in Issue #1 of 2014.
- Here’s an article from page 115 of “The Decorative Painter” about copyrights. This is important information.
Who Owns the Design?
By Jay Staten
Copyright questions come into the SDP offices daily. Given the inquiries we receive, it has become clear that this is an area of confusion for many artists. Copyright governs creative works, such as art, photography, music, performance, writings, etc. The World Intellectual Property Organization governs all international rights, so no matter where you are in the world, the basic laws are the same. In the U.S., the moment an original work is created, it falls under copyright protection. As a designer, the mere act of creating it makes it yours—and that copyright is valid for your lifetime, plus seventy years.
USING PATTERNS
For decorative artists working with patterns, it is important to remember that the designer of the pattern owns the copyright. When you purchase a pattern packet, magazine, book, online download, or class materials, there is an implied grant of permission from the designer to paint the project for personal use, education, and enjoyment. This falls under the fair use clause of the copyright laws. This is one of the reasons that many designers request that you sign your work with, “Painted by (your name), from a design by (designer’s name).” The above scenario does not give you the right to reproduce the work for personal gain or glory, to teach or publish the work, or create an adoption (derivative) of the work. To use the design in these instances, seek written permission from the original designer.
DERIVATIVE WORK
One of the most confusing areas of copyright law for artists is the concept of derivative work. It is defined as “a work based upon one or more preexisting works.” Generally speaking, if you adopt anything in your painting from another source, it is a derivative work; and therefore, you must seek permission to use. This includes a part of a pattern, a photograph taken by someone else, something from the Internet, animated characters, image from a published source, or other media. Recently a painter asked if she could use a drawing from a child’s coloring book as a pattern for Snow White to create a series of pieces for a charity project. The answer is no. This would have been a derivative work, and in this case, she would need to seek permission from Disney. Even creating the general image we associate with Snow White would be incorrect. However, the artist could have made up a completely different character and called her Snow White, since titles cannot be copyrighted. In addition, just because it was for charity does not give permission to use. The fact that someone is not creating something for profit has no bearing on copyright.
PUBLIC DOMAIN
Artists may use items that are now in the public domain. To determine if something is in the public domain, the general rule of thumb is if the creator is deceased, add seventy years to the date of their passing. If they are still alive, the work is in copyright. Prior to 1976, there are other ways to determine if something is in the public domain, but this rule is the easiest to follow.
NOT COVERED
Copyright law excludes just as much as it covers. It does not protect the name of your work, product names, or slogans. In addition, it fails to protect ideas, concepts, systems, or methods of doing something. In some cases, patents or trademarks may cover some of these areas. In closing, the best rule is to ask before using. If you are in doubt, feel free to call SDP with questions, or visit copyright.gov.
Have You Tried Colored Pencils?
Posted: 23 Mar 2011 01:15 PM PDT
One of the hottest new media trends in decorative art is the use of colored pencils. Have you tried them yet? The results can be absolutely breathtaking. Their wonderful colors and ease of use are very attractive features for the busy, modern lifestyle.There are several advantages to explore the use of colored pencils. If you have an hour or so, pick up a pencil and work on a project. When duty calls, put the pencil down, walk away, and pick it up later on. There is immediate gratification not to be involved in any extended cleanup. Another wonderful consideration is the portability of the media. They are great to take on vacation or a day trip to another location.
Supplies
Pencils Quality colored pencils are produced throughout the world. I prefer Prismacolor because they are a professional product that can be easily found in catalogues and stores. Replacement pencils can easily be added to your supply, as well as additional colors from available open stock. They have a soft wax core that responds easily to blending techniques. Invest in the largest set that is economically feasible.
Papers
Colored pencils may be applied to a variety of papers and surfaces. I will often use Canson Mi-teintes paper. This paper comes in a wide variety of colors and will have both a rough and smooth side. Depending on what effect that you wish to produce, identify which side that you will use for a project and tape it to the support.
Other Supplies
A drawing board will provide support on which to tape your paper. This could be a piece of masonite or smooth cardboard.
A variety of erasers will be valuable tools for corrections or various techniques. I love my battery operated eraser.
A quality battery operated pencil sharpener will make the whole process more efficient. A sharp point is your best friend.Tortillions are tightly rolled paper stumps that are used for softening or blending colors.
Spray fixatives are used to protect final drawings.
A large makeup type of brush to fluff away pieces of pencil that may end up on the surface.
Basic Terminology and Techniques
As with any means of artistic expression, experience will be your best teacher. Through practice and diligence, colored pencils will become an exciting new means to stimulate your creative endeavors. There are many exciting techniques and possibilities to this medium. Practice, have patience, and explore new approaches. Soon, you will make choices that are correct for your personal means of expression.
Layering
Layering is a basic colored pencil technique that stacks one application of color on top of another. Move back on your pencil, holding it in the middle and using the side of the point to apply color. Rotate the pencil point to maintain adequate application of color. These applications are applied with very light pressure. Multiple applications create a more opaque presentation. Pressure, again with side of the pencil, can be applied to melt two values together.
Application of layers
1. Grasp your pencil halfway down the shaft. This will allow the side of the very sharp lead point to create the application of color. Apply multiple light pressured layers
2. Keeping your pencil very sharp at all times, apply in either a circular or linear motion.
3. Burnishing a surface is to use pressure to blend color applications together. A basic way to create this effect is to use added pressure on the colored pencil or a tortillion. The colors will melt together to create a blended effect. This technique can only be used on the later stages of application. If you do it in the beginning, the pencil will create a wax resistant layer which will hamper future applications.
Article submitted and written by Mary McLean CDA,BFA,M.Ed.
This page last updated: February 4, 2015