November 1, 2004


In This Issue:


Letter from the Editor

Collector Lynn Hearn

Plein Aire Painting

Framing Your Art

Art Supplies

Legal Issues

Issue #12: Collector Lynn Hearn, History of Plein Aire Painting

An e-magazine published by the Society of Local Artists.

  Letter from the Editor

  Art & Chemistry -- A Wonderful Synergy

What do an artist and a chemist have in common? Seemingly these minds would work vastly differently—one indulging in the creativity of the left brain, the other analyzing formulas in the right brain. But there are times when the two come together to form a wonderful synergy. Like collector Lynn Hearn and artist Sonya Paz.

  A Hotfooting History of EN PLEIN AIR Art

The same invention that makes brushing your teeth more sanitary also contributed to an artistic heritage. Indeed, without this invention, Impressionism might not have happened, and outdoor painting might still be viewed exclusively as an exercise rather than a genuine artistic pursuit. The invention is the collapsible metal tube, and John Rand, an American portrait painter, obtained a patent on it in 1841. This light, airtight tube is the same kind that holds your toothpaste.

  Your Painting Isn't Done Until It's Ready to Hang, by Susan Kraft, Art21 Gallery & Framing

Most clients who buy my art want me to design the frame. They believe, and rightfully so, that the painting is not finished until it is ready to hang. And who better to put the finishing touches to the look and feel of the piece than the artist?

  What to Bring When Painting Outdoors by Jeff Bramschreiber, University Art

Having everything you need at your fingertips when you need it is absolutely essential for a successful plein air outing; the opposite situation a recipe for disaster. So how do you bring all the stuff you need, and still keep the load to a workable amount?

  CALIFORNIA ROYALTIES - LONG TERM CONSIDERATIONS FOR ARTISTS by Stephen C. Wetlesen, Esq

You could be earning a 5% royalty every time your artwork is resold. Find out what California Civil Code 986 could be doing for you!


Archives



Letter from the Editor

By Kerri Lawnsby

Many of the wonderful articles this issue relate to plein aire painting, and we had hoped to bring you the inside story of Stefan Baumann, a local artist who has just launched his national television show "The Grand View," which is all about plein aire painting in national parks. Circumstances beyond our control prevented this article from being published in this issue, and timing kept us from being able to provide a behind-the-scenes story with a different local artist. Our next issue, to be published early January, will include another great story about a local artist's success...stay tuned!

The staff at In the Studio Magazine also wanted to take a moment to thank our Managing Editor, Angie Young, for doing such a fabulous job getting this new publication up and running this year. Angie has decided to pursue other opportunities in the publishing field, and we wish her well!

Candidates for our new Managing Editor are being interviewed now, and we are excited to get a fresh start with an energized staff for the January issue.

Happy Holidays!

Kerri Lawnsby
Director, Society of Local Artists
director@svlocalartists.org


Art & Chemistry--A Wonderful Synergy

By Christen Cabe

What do an artist and a chemist have in common? Seemingly these minds would work vastly differently—one indulging in the creativity of the left brain, the other analyzing formulas in the right brain. But there are times when the two come together to form a wonderful synergy. Wine is a great example of chemistry meets art. In the Livermore Valley, age-old methods of winemaking and preservation developed by chemists of yesteryear thrive in a culture that cherishes a good Zinfandel. And wine tasting is not the only way visitors enjoy the vineyards. Artwork by Sonya Paz celebrates wine and life with lively, fun and vibrant Cubism-Pop Art compositions inspired by the rolling hills of California wine country. Livermore assistant winemaker and chemist Lynn Hearn, is a Paz enthusiast and avid collector of these “Spaz Art” masterpieces.

Hearn grew up in Decorah, Iowa in a loving, dynamic Norwegian family. Her attention to detail and predilection for science led to a medical degree from the University of Minnesota, Rochester in 1974. Hearn began working as a chemist, experiencing a wide spectrum of the medical field—from pediatrics to the emergency room. After her husband lured her to California in 1977, the Hearn household doubled in size with two children that kept home life busy and lively. Balancing work and children soon led Hearn to seek work closer to home so she could spend commute time with family, rather than on the road. Living so close to Livermore Valley wineries, the choice was clear: Hearn became a winemaker. She is now one of the proud winemakers of Concannon Vineyard, known for producing America’s first Irish vintner and the world’s first Petite Sirah.

So, what do Hearn, a chemist, and Paz, an artist, have in common? For starters, Hearn believes that she and Sonya share attention to detail and an appreciation for color. Beyond this, both women have a family and a universal need to smile. Hearn first encountered the Sonya Paz’s artwork while perusing Ebay for objects from the Eames Era, a revolutionary twentieth century movement that sought to change the way people live through interior design. Hearn loves the detailed simplicity of this particular aesthetic, a dynamic balance that she also sees in the work of Sonya Paz. Hearn recalls, “Sonya’s work stood out like a sore thumb (in a good way).” She purchased her first piece in 1999, just as Paz was emerging as a full time artist. When asked if she had any reservations about buying from an artist off Ebay, Hearn says, “I guess I’m finally at a stage in life when I know what truly sparks my interest.”

After purchasing many pieces from Sonya Paz online, Hearn developed a working relationship with the artist whose work inspires her. Hearn supports online auctioning as a means for new artists to gain exposure and feels that this method of publicity was a smart decision on Paz’s part. However, she much prefers collecting art through the artist’s studio or by direct contact with the artist. “It is my personal opinion that after initial exposure, the artist can establish a clientele without the online auction,” says Hearn. Having commissioned Paz to create several artworks for her, Hearn is able to acquire works fairly easily. She recalls a beautiful sunflower piece that Paz painted for her, as well as an artwork from Paz’s Music Metropolis series. But Hearn is not particular about the theme of the work. Her collection of fifteen to twenty pieces includes a variety of themes, all of which she hand-selected to be part of her collection.

Hearn’s collection is never out of her sight or her reach. Rather than storing her paintings in a lifeless, distant facility, she proudly hangs them in her home and in Concannon Vineyard’s Tasting Room and lab. They’re also found in her husband’s office. She generously turned over a couple of pieces to her two children, who have also become Paz fans. Interestingly, she has a habit of moving the paintings around her house, maintaining the element of surprise that guests feel when they first walk into a room and see Paz’s art. “Life is art,” Hearn says. “Life is always a continual movement.” While Hearn does like the Cubist and Surrealist elements of Paz’s pieces, these are not the only reasons for her interest in the artist’s work. She feels that Paz’s unique paintings are full of life and are infinitely original. She is always amazed at this artist’s endless creativity and her ability to create compositions that are at once simple and detailed.

Hearn’s strong ties to her Norwegian heritage have also had an effect on her artistic taste. Much of popular Norwegian art is symbolist, graphic, and boldly colorful, tapping into the expressive possibilities of visual art. Hearn is drawn to the variety of mediums being used by Norwegian artists. Beyond the canvas, she appreciates and has collected such mediums as metal, wood, fabric, and pottery. What matters most to Hearn is that the art evokes a reaction. She says, “I always feel a strong connection to the art and believe it speaks to me. When that happens, it comes home with me to a very happy house.”

Hearn appreciates Paz as an artist, a woman, and a mother. In a world where everyone could use a positive lift, Hearn is proud and delighted to be the owner of Sonya Paz’s bright and playful paintings. She describes this inspirational artist as “one dynamite lady” and has no intention of selling any of her purchases. She encourages collectors to follow their instincts when considering a purchase. “You will know when you see the work if it is for you,” she advises. It is precisely this spark between art and its viewer that began her interest in Paz’s colorful palettes and ignited a desire to fill her life with these one-of-a-kind works.


A Hotfooting History of EN PLEIN AIR Art

By Mark P. Lawley

Patent drawings by John Rand of the metal paint tubes, invented 1841.

The same invention that makes brushing your teeth more sanitary also contributed to an artistic heritage. Indeed, without this invention, Impressionism might not have happened, and outdoor painting might still be viewed exclusively as an exercise rather than a genuine artistic pursuit. The invention is the collapsible metal tube, and John Rand, an American portrait painter, obtained a patent on it in 1841. This light, airtight tube is the same kind that holds your toothpaste. (Families previously stored it in porcelain jars).

Before the invention of the collapsible tube, artists who wanted to leave the studio to make an en plein air work had to lug their oil paints in animal bladders, glass vials, or tin foils. These containers leaked, were inconvenient to transport, and did not keep paint fresh for long periods of time like Rand’s hermetic tube could. The American portrait painter and inventor made something that would ultimately allow artists to easily carry some of their supplies outside of their studios. Moreover, since oil paints could be squeezed out of collapsible tubes in measured amounts while still leaving the rest tightly enclosed, artists did not have to go through the hassle of re-sealing their paint like they did when they got it out of bladders or vials. Instead, they could get the oils they needed from their tubes and go immediately to their canvas. This meant they could be more spontaneous in their painting; the impediment of messing with vials and foil did not loom over their shoulders as they searched out a place to work. People could joke that toothpaste tubes inspired artists to be more impulsive with paint.

This is not to say that outdoor painting did not exist before the collapsible tube. Though the painting of nature was typically done in the studio prior to this invention, it is absurd to think that no one ever went outdoors with an easel before 1841. Still, Rand’s device certainly allowed for works to start and finish outdoors. Since lighting conditions change throughout a day, larger works required artists return repeatedly to the scene with their easily carried supplies at the same time of day until their painting was finished. Though Rand’s tube could not freeze time for the artists, it made the prospect of frequent trips more palatable.

The collapsible tube took off in European markets. Italian and French painters, now armed with the invention in their carrying cases, could go outside and paint their direct impressions of nature. Early outdoor artists that did this, such as those of the Barbizon School and I Macchiaioli, were struck by how their works dealing with nature contrasted traditional conceptions of it done indoors. They explored this difference and developed a new style that grew in popularity. Outdoor painting was no longer considered just skill-building exercise, but instead, became recognized as a legitimate, serious art form. Then during the 1860’s, the Barbizon School and I Macchiaioli contributed to the start of Impressionism in France. Without Rand’s tin tube, there might be no Monet nor Cezanne, no Garden at Giverny nor Chateau Noir.

Not only could the Impressionists be spontaneous with their oils because they had collapsible tubes, but they could also more conveniently paint outdoors for longer periods of time. Perhaps changes in light around them as a day progressed actually focused their attention on the light itself, and this might partly account for the importance of a sense of luminosity and atmosphere in their works. The differences between natural appearances and traditional artistic representations created in the absence of the subject material undoubtedly pointed the way to a new realm of artistic exploration—one in which other breaks with prevailing artistic attitudes were not only acceptable, but desirable. The echoing effects of the American invention were soon to return home.

Before the Impressionistic influence came to the United States (mostly through Americans who studied in French art academies), the Hudson River School of the 19th century was already doing en plein air paintings of the landscapes back east. But as civilization spread to the remote places these artists popularized in their works, they had to move further westward to find nature devoid of urban sights. By 1890, Impressionism had come to America where it would be interpreted and transformed with some structural characteristics of realism.

Initially, American Impressionism was centered on the east coast, but it, too, spread westward. By the 1930’s, Impressionism gave way to schools geared towards realism, such as the Ashcan School, and later, the Regionalists. Then the plein air tradition took a recess during the dizzying artistic developments surrounding the two world wars and afterwards, and so we come to the present day. Outdoor painting has been enjoying popularity, particularly amongst Californian plein air painting clubs (The Oak Group, The Outsiders, Plein Air Painters of America, California Art Club and others). These modern outdoor artists are a part of a heritage that, compared to the centuries of “indoor” art, is still rather new. And yet already, a host of other inventions have influenced en plein air painting: sunscreen, digital cameras, automobiles, and Off! Spray.


Your Painting Isn't Done Until It's Ready to Hang

By Susan Kraft, Art21 Gallery & Framing

Before I opened an art gallery and framing design studio in Palo Alto, I was a painter selling my works through a variety of means. Unlike most artists I deal with now, I also learned the art of framing design. This allowed me to control the look when integrating my art into my client’s home. It also turned into a second source of income after a sale closed.

Most clients who buy my art want me to design the frame. They believe, and rightfully so, that the painting is not finished until it is ready to hang. And who better to put the finishing touches to the look and feel of the piece than the artist?

As a gallery director, I meet a lot of artists who think their painting is done when they clean their brushes. They bring their work to me with raw sides and no wire on the back. They haven’t thought of the mechanics of hanging and framing. In essence, they are surrendering their control over the final look of their work.

Some artists do frame their own work, but use cheap materials. I don’t mean low-cost or simple. I mean cheap. Edging your work with cheap framing lowers your perceived value. Some artists let the collector’s favorite frame shop make the final framing decisions and collect that financial transaction.

If you want this sale, think about why the customer bought your work, where it is going to hang, and think three-dimensional. You don’t have to use the standard framing materials commercial shops use. Be creative; be an artist to the end.

When I design framing for a client, I look to their taste and sense of style. My job is to create a solution to fit my client’s particular needs, not to satisfy my own artistic tastes. The end result has to add to the look and feel of their home.

Here’s an example. Diane, a regular client, had just acquired a new painting, which was to hang above a decorative tile mantle. I had Diane bring in some tiles along with the artwork. The design in the tiles corresponded with the geometric patterns found within the painting.

I always begin a design from the inside out; the frame comes last. First, I familiarize myself with the art. It was a Ressinier painting of a pensive woman. Her chocolate hair fell in loose curls around her face, the crown of her head topped with a delicate wreath of blue flowers. The softness of the woman’s fair complexion was echoed by the gentle contours of a flowing cream and beige gown. The gown proved a transition point, which unified figure and ground as it melded into a stylized, geometric background. I proposed we create an inner frame out of the tiles themselves, positioning them in uniform one-inch intervals around the painting. Our last step was to choose the frame hefty enough to support the weigh of the entire project. (Go to frame shops and look at the samples – I work with designers at my framing studio frequently.) We chose a frame with a curved profile and a distressed surface to echo the rotund shapes within the painting and coincide with the brushstrokes. The frame is a rich, deep brown, with an inlayed band of lighter wood that contained subtle hints of the grays, blues, and reds found within the painting. The frame was complete with a hint of gilding that highlighted the gold accents of the painting.

With the design completed, I began construction. The first step was to determine the frame size. I added the dimensions of the painting to the tile dimensions.


Figure 1. Draw a blueprint of your design

After assembling the frame I cut a piece of ¼” plywood which would fit under the frame to serve as a backing to my project. I then cut another piece of plywood identical in outer dimension to the first, but a window inside the same dimension as the canvas, the build up. Next, I glued the build up piece onto the plywood base and gessoed the entire surface.

I covered the build up with silver and a mixed copper, as well as silver, blue, grey and green, to match the warm dark gray hue of the tiles. I mimicked the surface of the tiles by applying an uneven coat as a top layer to give an aged effect.


Figure 2. Mixing paint to match to tiles

I next used an awl to gauge holes in the wood, identical to those that define the surface of the tile. By mixing Paynes Grey with water, I created a wash that seeped deep into the gauged holes. I positioned the painting in the center of the build up, level with the tiles, and attached it to the backing with glue and screws. My final undertaking was to assemble mounted painting and frame, touch up the edges of the plywood to match the frame edge and the project was complete.


Figure 3. Assembling the pieces

The result is a skillful blending of art and frame, a beautiful, creative, custom-built product, and a more than satisfied customer. If you offer your creativity for the final presentation, you can tap into another level of art sales.

Susan Kraft is co-owner of Art 21 Gallery and Framing in Palo Alto, and also an artist. Her website is www.art21.org.


What to Bring When Painting Outdoors

By Jeff Bramschreiber, University Art

Having everything you need at your fingertips when you need it is absolutely essential for a successful plein air outing; the opposite situation a recipe for disaster. So how do you bring all the stuff you need, and still keep the load to a workable amount? The answer largely depends on three things, the length of your excursion, the type of painting or drawing you will be doing, and the type of area in which you will be working. What follows are some suggestions on equipment and materials to make your next trip a pleasurable one.

Let’s start with the basics, your clothing. Your attire should be loose and comfortable and in keeping with the environment. Clothing that is too heavy or too thin can cause real discomfort and leave you at risk from exposure. Dressing in several lightweight removable layers is a good rule of thumb. A wide brimmed hat and a good pair of sunglasses are a must for keeping the sun off the face and out of your eyes. Last but not least, make sure your shoes, socks and shoelaces are in good working order and fit for the terrain; the wrong shoe on the wrong terrain can lead to irritation and even injury.

Now that you are properly attired, the next things to consider are your materials and how to carry them. This is where planning for the kind of work you are doing, and for the length of your session, is so important. Quick sketch trips under a few hours do not require lots of stuff. A pocket sized Moleskin sketchbook, 5 mm. mechanical pencil and eraser may be all you need. Watercolorists can make do with Winsor Newton’s classic Pocket Field Box that includes twelve ¼ pans of color, water bottle, sponge, fold out palettes and a travel brush. Combine this field box with an Arches or Fabriano 5x7 watercolor block and you have the makings of a great watercolor kit. Likewise, pen and ink artists or charcoal artists have several good portable options. Acrylic, pastel and oil painters on the other hand, need a bit more room even for a quick trip, not to mention an easel of some sort and possibly a chair.

For the acrylic, pastel and oil painters, there are several good containers or totes available from Art Bin. My personal favorite is the Mega-Tote; it comes with six roomy plastic storage boxes, several storage pockets of various sizes and a shoulder strap. Canvas panels and Canvasette pads offer a lightweight alternative to full size canvasses for the acrylic and oil painter. For the pastelist there is a brand new product available from Canson: Mi Tientes pastel paper mounted on 4 ply white rag and precut to 16x20 size, a great travel size. These same boards can be used as mat choices for your finished work.

Sooner or later when painting outdoors you will need to invest in a good outdoor easel. A good easel is one that is lightweight, versatile, portable and stable and there are two brand new easels that fill the bill nicely. The first is the Pochade Box from Guerilla Painter. This well made 9x12 box is apart of a plein air system of modular accessories, that includes a tripod, palettes, towel holder, brush washer, pastel boxes, brush caddy, fold out trays and even an umbrella! The other new easel is The St. Paul’s Travel Easel by Daler Rowney. This is a sturdy wooden field easel that can handle canvas or drawing boards or lay flat for watercolorists. The St. Paul collapses down into a durable green duffle bag that has handy pockets in a variety of sizes. On the subject of chairs, Mabef makes a very good beech wood and leather painter’s stool. If you are like me and prefer a little extra back support, there are several brands of collapsible “captain’s” style chairs available at most sporting goods stores.

Now that you are outfitted for your plein air session, there are a couple of miscellaneous items that need to be considered for your trip. First, you should have plenty of bottled water and use a good sunscreen. Second you should bring some sort of energy snack like granola or trail mix with you. Third you should bring a simple first aid kit and insect repellent. And finally, don’t forget your camera and film. All these sundry items can be stashed in a small duffle that can easily be carried to your site. I am sure you will agree that by using some of these storage and equipment tips, you really will have everything you need right at your fingertips. Enjoy your trip!


Jeff Bramschreiber is Community Arts Liaison for University Art Center of San Jose and the Triton Museum of Art in Santa Clara as well as a local award winning artist and instructor. Jeff can be reached at (408)297-4707 or (408)629-7883 or via e-mail at snjbram@aol.com .


CALIFORNIA ROYALTIES - LONG TERM CONSIDERATIONS FOR ARTISTS

By Stephen C. Wetlesen, Esq

No doubt the story has often been told of great artists of the past who sold masterpieces for a pittance only to see successive owners reap huge benefits upon resale after resale as value appreciated, while the artists themselves got nothing and languished in poverty. California Civil Code Section 986 was enacted in a modest effort to remedy such injustices by providing for a small but potentially substantial royalty for the artists, and, in limited circumstances, their heirs, upon resale of works.

What does this mean for you? You could be earning a 5% royalty every time your artwork is resold. If you reside in, or sell your work in California, the artistic royalty provisions of California Civil Code Section 986 apply to you.

The California Civil Code is a series of statutes designed and periodically amended by the State Legislature to establish, promote and protect the rights of and state the duties owed various classes of individuals and organizations in society. The California Civil Code can be found in most counties' law libraries and in law offices in book form, and is also available on computer disk and online.

However, artists would do well to consult a qualified attorney duly licensed to practice law in this state for advice on royalties. This article is intended as a brief overview on California artistic royalties and is certainly not a substitute for the competent advice of licensed attorneys!

Essentially, California Civil Code Section 986 provides that artists who are U.S. citizens or California residents for the past year who are selling their works in this states or who live here, regardless of where their art was originally painted, are entitled to a royalty of five per cent (5%) of the sales price each time their work is resold (but not the original sale of the work by the artists themselves following creation of the work).

This right of royalty may be assigned to others, and, as to artists who have died after January 1, 1983, is inherited upon the death of the artist by his or her lawful heirs and remains in force until the twentieth anniversary of the artist's death, at which time it terminates.

This right of royalty can not be waived except by a written contract that serves to give the artist more than the statutory five per cent (5%). Any other purported waiver or release of this royalty is unlawful, invalid, null and void and cannot be legally enforced.

When a gallery, museum, dealer, broker or other seller resells the artist's work, they are legally required to hold back the said five per cent royalty to pay to the artist, his or her heirs or assigns, if these persons can be located. Therefore, it is extremely important for artists to keep all owners or holders of all their works appraised of their current whereabouts, including addresses, phone numbers, emails and alternative contact persons. This information should appear on all certificates of authenticity to establish a work's provenance, and should be thoroughly updated whenever there are changes.

If the seller cannot locate and pay the artist within ninety (90) days of the sale, the seller shall transfer an amount equal to five per cent (5%) of the sale to the California Arts Council. The Arts Council will then attempt to locate the artist, who may file a written claim on the amount. If the Arts Council cannot locate the artist and no claim is made within seven (7) years of the date the artwork is sold, the royalty terminates and the said five per cent money goes to the Arts Council itself for use in acquiring fine art for the Art in Public Buildings program.

If the seller fails to pay the said five per cent royalty or transfer that same amount to the Arts Council, the artist may bring a legal action within three (3) years after the date of the sale or one (1) year after the artist discovers the fact of the sale, whichever date is longer. Such lawsuit may include an award of costs of suit and the prevailing (winning) party shall be entitled to an award of reasonable attorney fees.

There are a number of important exceptions to this royalty. Chief among them are as follows:

  1. The royalty does not apply to most resales of the work less than ten (10) years after the initial sale of the work. Readers are invited to examine the statute themselves or consult a duly licensed California attorney to determine precise circumstances where this ten (10) year rule will or will not apply. Therefore, the royalty is a long term consideration.

  2. The royalty does not apply to resales of art works under one thousand dollars ($1000).

  3. It does not apply to art resales where the amount generated is less than what the sellers themselves paid for the art (i.e. the sellers have taken a loss).

The above is a brief overview of the law, and is absolutely not a substitute for a very careful study, analysis, interpretation and evaluation of California Civil Code Section 986 and its meaning.

Anyone desiring more deep and detailed information and analysis of California Civil Code Section 986 and the California artists royalty is most strongly urged to immediately and without delay consult such a licensed California attorney to protect their rights, which may be subject to important rigid statutes of limitation. Time is of the essence.


Stephen C. Wetlesen, Esq is a member of the California State Bar and duly licensed to practice law in California. He may be reached at (408) 262-8655 during regular business hours or emailed at SCWetlesen@aol.com.

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