NATIONAL PEN WOMEN Exhibit with Concert – All welcome!

National League of American PEN Women Long Island Branch Art Exhibit South Nassau Unitarian Universalist Congregation / 228 South Ocean Avenue, Freeport, NY (516) 623-1204 / Gallery Open 10am to 1pm Tuesday – Friday (best to call first) and Sunday mornings Art Exhibit from October 22nd to November 19th / in conjunction with Long Island Composers’ Alliance concert “Love, Life and the Hereafter” on October 22nd at 3pm to 5pm / admission charge Melissa Assael / Phyllis Coniglio Katherine Criss / Christine Greene Kay W. Ray with guest artist Karen Lynne Kirshner who is the daughter of former American PEN Woman Betty B. Kirshner Since 1897, the National League of American PEN Women has been encouraging, recognizing, and promoting creative work of a professional standard in Art, Letters, and Music. This exhibit by visual arts members of the Long Island Branch includes acrylic, oil and watercolor painting as well as photography and digital collage. Most works are for sale.

(Provided by Diane of NAPW)

Birthday Visit to MOMA’s Ernst and Bourgeois Exhibitions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Viewing Max Ernst’s work at the MOMA on my birthday.

 

 

How do I like to spend my birthday?  In a favorite museum. Top on the list is the Metropolitan Museum of Art, but I was just there a week or two ago.  Next on the list is the Museum of Modern Art.  Max Ernst, the Dadaist/surrealist known to experiment, was featured. I tend to do surrealistic  abstract work some of the time and have related to the Dadaists, although I did not paint that way with them in mind. I  just do it naturally when it happens. I definitely saw my own way of seeing and similarities in Max Ernst’s body of approximately 100 works on exhibit.

Louise Bourgeois

 

 

Louise Bourgeois‘s exhibit of more than 300 works, in a sort of self-protrait through her self-expression, was an added bonus, which began with a giant sculpture of a spider and a small cage for a human, as if the spider is the superior being.  The disturbance over being a woman subjected to male domination and sexuality, and the obligation of motherhood (the artist had four boys) seemed the prevailing message I perceived by the deeply psychological images presented. I have not read about her life, but in confirmation of my observation, one of the displays stated that Louise Bourgeois was in psychotherapy for many years. I was not an instant fan of her work, but I am intrigued.

 

 

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Chihuly at the Bronx Botanical Garden

Chihuly at the Bronx Botanical Garden, Oct. 13. Photo ©Karen Kirshner

I visited the Bronx Botanical Garden on Friday, in order to see Dale Chihuly’s glass sculpture exhibition. I was struck by the unanticipated splendor integrated into the floral and other plantlike arrangements in the Bronx’s wonderland. It beats any Adventureland or Disneyland. The Bronx Botanical Garden is a perceptive person’s answer to the ghettos of inner city life. It is splendor and beauty. It is fresh and alive. I thoroughy enjoyed not only seeing Chihuly‘s one of a kind in originality glass statements, but I enjoyed mother nature in its diversity too!

It is hard to believe that my parents had lived in the South Bronx before moving to Long Island and I visited my grandparents there as a young child and yet I never visited the Bronx’s  massive garden, equal to more hundreds of football fields.  The acreage is enormous and the variety of activities researchers are working on at the site is helping our planet and the survival of endangered species of plant and tree life, which in turn helps the cycle of life for many more creatures, including the best of us humans.

Photo of Chihuly

I do believe it was my first trip to the New York Botanical Garden of the Bronx.There is also the New York Botanical Garden of Brooklyn, which I can’t remember visiting either.

Back to the one in the Bronx.  You would never know you were in a city, and certainly  not the notorious  Bronx (by the Fordham subway station.)  I wondered if my grandparents ever strolled on the property or checked out the rose garden there.  I can’t ask them now. I wish I could have discussed it with them. Too late for that. Too late to ask my mother if she spent time there.  Maybe she did, maybe she didn’t. I will never be sure.

I am sure now that I was there and I like it, in fact, I loved it, with or without Chihuly. The best event is at night, when there is a special light show with the glass sculptures in play. Tickets were sold out for Friday night, so we couldn’t attend, but you may be able to do so before the exhibit ends on October 29.

Chihuly at the Bronx Botanical Garden on Oct. 13, 2017. Photo ©Karen Kirshner

Included in the price of admission, we had a free tram tour of the gardens with educational stops along the way, and a free tour inside the main greenhouse, where the sculptures were concentrated, and we dined at the cafe on the premises, which was costly, yet convenient, even though there were places recommended on Arthur Avenue and elsewhere.

The Bronx Botanical Garden has a well stocked gift shop. I purchased several items, beginning with a necessity –  a sweatshirt, as  Friday was a chilly day and I didn’t bring a jacket. I also bought a t-shirt, cap and a woven/spun butterfly pin (as parts of my early birthday gift). This is the pin, which a learned scientist friend believes if resting, it may be a moth, not a butterfly.  I prefer to believe it is a butterfly. I won’t deliberately wear a moth!

My new butterly pin

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Sunday, Oct. 22, the Famous Art Walk

Don’t forget to don those comfortable sneakers and head over to Huntington’s Main Street for the fun and visual Art Walk. It begins at 11 am and ends at 4 pm.  Check out the BJ Spoke Gallery, and enter the raffle to win a basket of art-related goodies, meet the artists, buy some great art or just look (no photographs allowed), as one of the several artsy stops along Huntington’s  mapped route.

Copyright Battles

Richard Prince Wasn’t the First Artist to Face Copyright Battles—Just Ask Warhol and Rauschenberg

  • Photo by Stark-Otto/ullstein bild via Getty Images.
    Photo by Stark-Otto/ullstein bild via Getty Images.

In recent years, the controversy surrounding some of artist Richard Prince’s works has again cast a spotlight on appropriation art and copyright infringement. His “New Portraits” series, created in 2014, consists simply of screenshots of other people’s Instagram posts with comments by Prince. The series prompted an ongoing lawsuit in 2015 when Donald Graham, one of the people whose photograph Prince used without permission, sued the artist. Prince has invoked fair use, a legal defense that permits certain use of copyright works, in that case. He is one of many artists who have turned to fair use to defend their appropriation, but few, if any, have been quite as successful in court as Prince.

Most disputes end in settlements rather than judgments in favor of the artist, very few of whom ever take a case all the way to a judge. Those who shied away from court include Andy Warhol and Robert Rauschenberg, two of the first artists who, in the 1960s and 1970s, faced legal action for appropriating others’ photography. Despite the fact that both artists had, by today’s standards, a decent argument for fair use, these early disputes settled out of court. But their cases illustrate how fair use law has evolved over the decades, and how appropriation artists ran into legal hot water well before Prince logged onto Instagram.

In 1976, while flipping through Time magazine, photographer Morton Beebe spotted a familiar image: It was a rough reproduction of his photograph Mexico Diver (1970), in a 1974 Rauschenberg collage entitled Pull (Hoarfrost Series). He initially sent Rauschenberg a letter, expressing his disappointment in particular because Rauschenberg had taken “the lead of protecting artists rights.”

Rauschenberg’s letter in response admitted that the image that he used was taken by Beebe. But Rauschenberg considered his use of this image and others non-infringing because he “consistently transformed these images sympathetically with the use of solvent transfer, collage and reversal as ingredients in the compositions which are dependent on reportage of current events and elements in our current environment hopefully to give the work the possibility of being reconsidered and viewed in a totally new concept.”

Rauschenberg’s letter details his understanding of the use of the image as fair because it was transformative, which, despite its merits, was not a criteria for “fair use” at the time. “Fair use,” prior to 1978, was a narrow doctrine not yet codified into law and many cases invoking it focused on educational use and newsworthy exceptions to copyright. Despite Rauschenberg’s impassioned plea, Beebe later sued Rauschenberg for copyright infringement. The parties eventually settled the case in September of 1980 before a judge was able to weigh in. Beebe accepted $3,000 (a little under $10,000 today), a copy (one of 29) of Rauschenberg’s Pull collages, valued at $10,000 by the early 2000s, and the promise to be credited in the future.

Beebe indicated in an interview with the publication ARTnews that “his legal costs were mounting and he didn’t want to risk losing the case on ‘a technicality,’” hinting that the often onerous burdens placed on copyright holders by the law of the time, such as publication requirements, could have been his case’s downfall. Rauschenberg’s lawyers maintained the position that the artist’s use of the photograph fell under an incredibly broad construction of fair use because of the way Rauschenberg’s collage transformed Beebe’s original image. During the dispute, the presiding judge voiced “concern” over Rauschenberg’s reliance on Beebe’s original image, regardless of his transformation. However, the willingness of both sides to settle reflects the uncertainty of copyright litigation at the time.

Similarly, in 1966 Warhol was sued by photographer Patricia Caulfield for copyright infringement stemming from his use of one of her images of hibiscus flowers. Warhol increased the contrast of the images, replaced the detailed petals with simplified monochrome flowers, and his characteristic pop art color palette. After first exhibiting Flowers at the Leo Castelli Gallery in 1964, Warhol sold hundreds of prints of the image. Caulfield’s case also settled before trial; she was given $6,000 (around $25,000 today), two of the paintings (one for her lawyer), and a royalty on future reproductions of her photograph. After the settlement, Caufield expressed exasperation; she did not have “the time, money or energy to pursue the matter further.” As for Warhol, he resolved to use only on his own photographs after the settlement.

Both of these disputes took place before the 1978 implementation of the Copyright Act of 1976. This overhaul of copyright law shifted legal standards for copyright protection of the underlying work and explicitly addressed fair use, providing more clarity on its use. The act established the four-pronged test for fair use, which requires a court to consider 1) the nature of the original work, 2) the purpose and character of the new work, 3) the amount and substantiality of the work, and 4) the effect of the use on the market for the original work.

The act’s codification of the fair use doctrine attempted to streamline its previously inconsistent and, as evidenced by the sheer number of casesinvoking it, difficult application. Prior to the act, the lack of concrete guidelines for the common law doctrine meant that different courts applied different criteria. Additionally, before the act came into effect, federal copyright protection was limited to works that complied with onerous publication and notice guidelines. Many works fell short of these requirements and would be considered to have fallen into the public domain.

The arguments of these early appropriation artists (that their work transformed the appropriated photographs) are supported by the fact that both resulting pieces are strikingly different from the original works and clearly incorporate stylistic elements unique to Warhol and Rauschenberg. However, despite the merits of their cases, Warhol and Rauschenberg’s preference for settlement would remain the strategy of choice for many artists facing similar matters in later years. That is, until Prince was sued for reproducing images of rastafarians from Patrick Cariou’s 2000 book of photography “Yes Rasta,” using them to create a collage series he called “Canal Zone.” Prince, after an initial loss, eventually prevailed on appeal. The court held that his “composition, presentation, scale, color palette, and media are fundamentally different and new compared to the photographs, as is the expressive nature of Prince’s work.”

In court testimony, Prince himself indicated that his work did not “have a message” and that he did not intend to create works with a new meaning or message. Although this would seem to undermine a fair use argument premised on transformation, the court held that “what is critical is how the work in question appears to the reasonable observer, not simply what an artist might say about a particular piece or body of work. Prince’s work could be transformative even without commenting on Cariou’s work or on culture, and even without Prince’s stated intention to do so.”

It is unclear what effect a judgment like Cariou would have had on art from the Warhol era, had it been decided then. But it might not have been decided in the same way, especially because the fair use doctrine had not been codified at the time. Regardless of the merits of Warhol and Rauschenberg’s cases—particularly in view of Prince’s success in the Cariou case—there is no denying that subsequent changes in the legal and cultural landscape have buoyed the possibility of success for artists who today rely on fair use.

Prince’s approach of testing the evolving fair use doctrine in court, often brazenly, represents a bold departure from artists who faced similar hurdles in the past. The Cariou suit broadens the applicability of fair use to situations where even the artist creating the work does not intend to make a work transformative, but succeeds in doing so anyway. It remains to be seen whether Prince’s most recent legal dispute will end in his favor (early signs point to trouble), but one thing is for sure: Fair use and the legal landscape in which it is invoked will continue to develop in concert with the progression of contemporary art.

—Jessica Meiselman

If you love fashion, you’ll love this new exhibition of purses and paintings!

Passion for Fashion:  of Purses & Paintings
The Gerson & Judith Leiber Collection
on View in the Jeanie Tengelsen Gallery 
Through October 27
Special Reception:  October 15, 2pm – 5pm
Painting by Gerson Leiber; Penguin Minaudiere by Judith Leiber. Photos by Gary Mamay
Courtesy of the Leiber Collection
Special Reception at the Art League
♦ “Meet & Greet” Gerson & Judith Leiber
♦ VIP Lecture by Ann Fristoe Stewart, Collections Manager of
♦ Includes a chance to win a private visit and tour at the
Leiber Collection located in East Hampton!
Champagne & Sweets
♦ Music by The Jazz Loft
Own a Judith Leiber? Pose with your Leiber purse (or bring a photo with you) and hang it on our Wall of Fame at the exhibit. To purchase a ticket,

The National Art League’s Black & White Show, Oct. 15

This coming Sunday, October 15th from 2pm – 4pm is the reception for the Black & White Exhibition at the National Art League. We have 71 pieces of artwork on display – all mediums (i.e. watercolor, ink, oil, sculpture, collage, graphite, acrylic, charcoal) and compositions (i.e. portrait, still life, animals, landscapes) in both representational and abstract work.
Hope you can stop by to see the show and meet the artists.
National Art League
44-21 Douglaston Parkway
Douglaston, NY 11363

The Independent Artist Association Exhibition

Best in Show
First Place
Phyllis Coniglio won third place for one of her paintings, shown here.
A full-house with raffle and free graphic demo.

 

 

 

 

 

 

 

 

 

 

 

 

 

Monday, October 9, I attended my first meeting of the Independent Artist Association, at the Plainview-Old Bethpage library.  Attendance was at maximum capacity. The winners of the current members’ exhibit in the library were announced and applause followed. It was a warm group of artists. Each seemed to know one another. There was  raffle for beautiful pen& ink landscapes and other images by the fine artist, Charles Fillizola. He spoke about the best pens he recommends, especially good is “Graphic by Dewint”. It is a permanent ink pen and when you done you can throw it out. He also recommended Swathmore acid-free bristol board and acid free mats and mat backs. Otherwise the paper will yellow and the mats will discolor the paper the drawing is on, and your art is decimated over time.

He was completing a drawing in black & white, based on a  watercolor painting he had as his model. He was fast with a quickness only a highly skilled and practiced artist could accomplish.  The audience of artists watched on a screen as his efforts one stroke, a series of lines, were drawn.  It was a long process for those anxious to find out who won the artwork on the table for display.

I had created many pen and ink, black and white drawings in my youth, and won awards among adults when only in high school. My mother would enter my elaborate, mostly surrealistic drawings (pen & ink  favorite medium),  as she believed in my talent. Now, I favor painting.  I have always doodled  and continue to do so. I already had first hand experience, so when the demonstration included mention, I already  knew about the rapidograph pens clogging and the india ink leaving blots of ink, being harder to control;  I knew about the micro pens and Derwint’s.  and the importance of acid-free everything. I excused myself to view the art show.  Fine work demonstrating a level of mastery was apparent. Most of the artists leaned towards classical representational art.  Some were more expressionistic or even in a couple of cases chanced the abstract.  Phyllis Coniglio won a prize for one of her abstracts, and fist place went to an artist who did an abstract composition, and best in show was humanistic, representational.

The President of IAS, (which was established in 1951), is Ruth Siegel and the meetings are once each moth, usually on the second Monday of each month at the Plainview-Old Bethpage Public Library.

I felt comfortable and welcome and joined.  I will be one of the minority abstract artists to exhibit with the group in the future.

I recommend you see the exhibit of those artists who can be counted among Long Island’s finest.

The  IAS Open Show was judged by two separate judges, Town of Oyster Bay selected artist/teacher Bart Deceglie, and  retired Merrick art teacher and master graphic artist, Charles Fillizola.

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The Suburban Art League Shows at the Barnes Gallery

The venerable Suburban Art League (SAL)exhibits in numerous locations throughout the year. The current exhibit is at the Barnes Gallery at 2 Nassau Blvd., Garden City, NY 11539. The show runs from October 3 thru October 31, 2017. The paintings are mostly representational and realistic, but not all. Mine isn’t, nor a handful of the others.  My painting Zip-a-dee-do-dah is in this exhibition.  I liked the placement.  The gallery is part of the huge store front, which is a frame shop, a gallery and also has an art studio with classes for using pastels and watercolor paints.  The owner Greg and his wife are great advocates for local artists. The reception was sophisticated and a musician performed live music. Great venue.  I recommend you stop by and check out the show. The president of the Suburban art league, Anthony La Marca was there, and we met for the first time. He is proactive for the membership and always spreading news of workshops, demos, exhibitions.  Great guy. Phyllis Coniglio, the membership person for the National American Pen Women had a lovely piece in the show and is an active member. It was good to see her again, she brings the party with her, wherever she goes.

Tony La Marca President of SAL and Phyllis Coniglio, active member and NAPW Membership 

The phone number for the Barnes Gallery: 516-538-4503. Gallery hours are Tues. -Saturday, from 10 am – 5 pm.

 

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