I had planned to spend time outdoors #DrawingAugust but instead I have retreated indoors with my sketchbook. In August, Environment Canada issued consecutive heat warnings for Ottawa and the hot and humid conditions are expected through Sunday.
 |
| "Reading Under the Willow Trees at Patterson Creek", with thanks for the photo reference: CBC climatologist Ian Black's (Link: https://twitter.com/BlacksWeather/status/1428302675196661762?s=2) |
The #DrawingAugust hashtag has been around since at least 2012 and (according to Haidee-Jo Summers) originated with two artists – Jean Stevens (@jeanestevens) and Dean Lewis (@olderThanevil) who decided to set themselves a challenge by making a drawing each day throughout the month of August, and then sharing these drawings on Twitter.
Over the past few years I did the very same, however this year, one of my #DrawingAugust tweets received more attention than I could have ever imagined!
Bodega Cats
However, after JUST ten hours had passed, my latest #DrawingAugust sketch had received 4,896 likes and 538 retweets. (Link here: https://twitter.com/cindiforeman/status/1428142739829448708?s=20)
In addition to the twitter likes and retweets, many folks were commenting that they would like to purchase a print. This of course got me thinking. I had fallen in love with a photo on twitter (it happens often) and used the image as a reference for the sketch which is fine.
I emailed Bodega Cats NYC to explain the situation. After all, they were responsible for the overwhelming response that I received on twitter. Their retweet exposed me to their nearly 700,000 twitter followers which, in turn, generated ALL the love.
They responded with "You’re super talented, really love your work."( which almost made me cry) and they then referred me to the original photographer/artist Dru Gannon (See Dru's photo on Instagram here: https://www.instagram.com/p/CSHGhzQL4SG/)
Reference Photos, Artists and Copyright
The August heat forced me inside and I have been receiving a lot of creative inspiration for my daily #DrawingAugust sketches from other people's photos on the internet.... like Dru's GREAT photo of the bodega cat.
There's nothing wrong with that and it's a terrific way to develop your sketching skills. The issue becomes complicated when the sketch moves beyond a simple, personal sketching exercise into the world of commerce (print requests, etc).
There are a number of tricky issues surrounding artists and copyright and, to make things even more complicated, copyright law varies from country to country.
The bottom line is that I will not be selling my "Bodega Cat" sketch of Dru's great photo.
Best Practices In Fair Use or Fair Dealing
The Code of Best Practices in Fair Use was created with and for the visual arts community. As an artist, you don't want to see YOUR work being stolen and sold and it would be morally/ethically wrong to do likewise to other artists.
Canada's legal definition of "Fair Use" supports using photos for private study (like a daily sketching practice):
Fair dealing is a statutory exception to copyright infringement, and is also referred to as a user's right (as opposed to an owner's right)..... To qualify under the fair dealing exception, the dealing must be for a purpose enumerated in sections 29, 29.1 or 29.2 of the Copyright Act of Canada (research, private study, education, parody, satire, criticism or review and news reporting), and the dealing must be considered fair as per the criteria established by the Supreme Court of Canada.
Conclusions
Why did over 6,000 people respond so warmly and positively to my quick "Bodega Cat" sketch? There are two reasons:
- Because photographer/artist Dru Gannon captured a beautiful image of a cat in repose, snoozing on a coffee machine at his Brooklyn bodega.
- Because the creators of Bodega Cats NYC shared Dru's wonderful image (where I found it) and then they retweeted my sketch of Dru's bodega cat.
And honestly, there's many reasons why Bodega Cats has almost 700,000 twitter followers ... Bodega Cats are so wonderful .... and I smile every day when people share their photos of them. You should try it by following them on twitter https://twitter.com/bodegacats_ or Instagram https://www.instagram.com/bodegacatsofinstagram/ or Facebook https://www.facebook.com/thebodegacats/
If my sketch of Dru's great photo made people smile ... well ... this world could use a lot more happiness, a lot more smiles and a lot more bodega cats.
 |
| #DrawingAugust from my iPad photo by CBC climatologist Ian Black's (Link: https://twitter.com/BlacksWeather/status/1428302675196661762?s=2) |
Artist Links On Copyright and Fair Use (U.S., U.K., Canada)
- Copyright and Fair Use (In the U.S. and U.K.) https://www.artbusinessinfo.com/copyright-and-fair-use-for-artists.html
- Artsy - Art Copyright Explained https://www.artsy.net/article/artsy-editorial-art-copyright-explained
- Fair Dealing and Copyright in Canada https://fair-dealing.ca/what-is-fair-dealing/
- Fair Dealing Decision Tool (Canada) http://www.fairdealingdecisiontool.ca/DecisionTool/
- CARFAC - Know Your Copyrights https://www.carfac.ca/tools/know-your-copyrights/
In 2019, I was #Drawing August, and I wonder whatever happened to this bottle collector who agreed to be photographed and sketched by me. I hope he is okay.
No comments:
Post a Comment