Friday, March 27, 2015

Artist Spotlight - Elizabeth Borowsky

Tell us a bit about yourself: Did you go to school for art? Are you self taught?
I am blessed to have a Bachelor's Degree in Fine Arts from Clemson University.  I was taught the beauty of several different disciplines there - ceramics, painting, drawing, design, and sculpture.  My emphasis was actually in sculpture.

Do you work in just one medium? Several?
Right now, I am just working in one medium - CLAY!!!  But, that is only because of the limited amount of hours in a day.  Not only am I an artist, but also a mom of five children under the age of 12!  I love to draw, paint, and sculpt as well.

What inspires you / where do you get inspiration from?
I am ALWAYS inspired by cruising the web and looking at work from different artists that I admire.  I also get inspiration from textures, colors, forms, etc. that I see in my daily exploration of this beautiful world we live in.  You will never catch me anywhere without my sketchbook at arms reach to jot things down that I feel might make it into my work one day. 

What are you working on now?
Right now I am happily stocking up on carved bowls, vases, mugs, spoons, etc., etc., etc.!! I sell my work at different art festivals and shows across South Carolina starting in April and ending in December.  My festival / show schedule is posted on my website:

Anything else you would like to share with us?
Having a first love of drawing, I am learning how to screen print some of my original drawings on to my clay surfaces.  Exciting! I hope to have a line of these wares by Spring / Summer 2016.

Are you an early riser? or night owl?
Naturally, I am neither an early riser or a night owl, but at this point in my life I do a little bit of BOTH! It all depends on what a day holds and what type of deadline I have. One thing always stays the the morning, I am accompanied by a large mug of coffee with extra cream and sugar, and at night I am accompanied by a large smooth mug of chamomile tea!

What is your favorite food? 
Coffee is a food, right?!?!

You can find Elizabeth:
web :
online shop :
instagram :

THANK YOU for stopping by my blog!
Do you want to be spotlighted? Send me an email:
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Monday, March 23, 2015

Why I am on Art Licensing Show .com!

 PROUD to be a part of the Blog link up 2:00 PM Eastern on  is a cool new site where Art Directors/Manufacturers can join for free. Artist and Agents can affordably "go" to an art licensing show! (online :-)

I made a short little video on my Mac computer. Used iPhoto, exported it — and it was looking blurry on YouTube... SO exported it again at 720p and Taaa Daaa! Looks so much better. Really for the first time doing this kind of thing - it didn't take too long. I love it when technology is easy :-)

The video above hits what is great about the site! (nope, I didn't get paid to say this stuff)

  • It is the ONLY Art Licensing Show online
  • Be listed in the ultimate art licensing directory
  • No cost or low cost depending on if you are an Artist or Art Director/Manufacturer
  • Connect with industry leaders - It is a social network dedicated to Art Licensing
You can find me on ALSC here:

Last time I checked there are a lot of artist and agents on the site (in the hundreds). AND quite a few Art Directors/Manufacturers rolling in!

Once you are on ALSC, be sure to check out my Group: "2nd Thursdays" We are over 200 members! Everyone is welcome, Newbies, Old timers, Manufacturers, Artists/Agents - it is all good. Bring your favorite beverage and your topic or questions for the group. More details here Looking forward to seeing you there!

Are you on ? Leave a comment! :-)

Not on Art Licensing Here is a peek into the site

Thank you for stopping by,

Friday, March 20, 2015

Bo's bLAWg: What does “work made for hire” mean? Is it a problem for me as an artist?


MJ Bogatin (“Bo”) of Bogatin, Corman & Gold, is an Arts and Entertainment Attorney in San Francisco.  He is also Co-President of California Lawyers for the Arts.  Bo is available to answer some of your questions surrounding the business of Art Licensing. - THANKS BO! 


“Work Made for Hire” is a term of art – in law.  It is hugely important to artists providing any kind of artistic services for a client.  In some instances it is fully appropriate.  In most that I have seen submitted to artists as “vendors” providing services, it is not.

The nature of "work for hire" is that pursuant to the Copyright Act, 17 USC 201b, the   independent contractor Artist who is providing services is not the copyright holder in her deliverable artwork. With use of those magic words in the contract, the commissioning party is deemed to own the copyright in whatever the artistic deliverable might be.  The Artist’s work product, even though she is engaged as “an independent contractor,” is essentially being treated as if her work product has been created by one of the company’s own employees.  It is reasonably expected that the copyright to anything an employee creates on the job for her employer is going to belong to that employer.  17 USC 201b supports that expectation as a matter of law.  Work for hire applies the same proprietary interest of the employers to the work of non-employees. The Copyright Act is linked here for convenience:

Employees and independent contractors are very different jobs.  As an independent contractor, whether or not the Artist is working for her own business, the Artist is not receiving a salary.  She must negotiate for a fee and is competing with every other independent contractor for the assignment.  However, she is not entitled to the benefits that an employee receives as a matter of law in exchange for her labor.  Must a non-employee Artist’s work product belong entirely to the client, including the underlying copyright and all the use rights and derivative use rights that are contained in that copyright interest?  No, it need not.

As artists well know, there are 1001 uses for any one of their images.  A single image can be used as print, limited edition or otherwise; as a giclee; as a card or on any paper product.  It can be used in any kind of decorated merchandise, from plastic ware to bumper stickers.  If the client has a single uses in mind, or a dozen, it does not necessarily mean that the Artist need give up her copyright.  To the contrary, more often than not, once the issue is discussed, it may well turn out that the kind of artistic deliverable requested may not qualify as a work made for hire, and/or that an exclusive license for the client’s uses is all that they really require.

In fact, the Copyright Act provides that there are only limited kinds of works that are eligible for work for hire treatment.  (See 17 USC 101 Work Made for Hire.)  These include only a work specially ordered or commissioned for use in the following ways:
1 as a contribution to a collective work,
2 as a part of a motion picture or other audiovisual work,
3 as a translation,
4 as a supplementary work,
5 as a compilation,
6 as an instructional text,
7 as a test,
8 as answer material for a test, or
9 as an atlas.
The law defines a “supplementary work” as a work prepared for a publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as may appear in forewords or afterwords, or as pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes.

So, in essence, the Copyright Act looks to protect artists from being duped into giving away her copyright interest.  However, if it is agreed that the artistic work involved is legitimately work made for hire, the Copyright Act further requires that the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.  In the absence of such a written, signed Agreement using the magic phrase, there is a presumption that the deliverable is not work for hire and the Artist retains her copyright interest!

Assuming for the moment that the Artist’s deliverable is for one of these legitimate work for hire purposes, the Artist still need not offer it on that basis. The services need not be provided on a work for hire basis if a license of part of the Artist’s retained copyright interests will as fully meet the client’s actual needs.  One way to convince a client to prefer the license is to offer a significant cost savings for the license as opposed to conveying the underlying copyright by way of a work for hire provision.  I recommend a 10 to 1 ratio!  The copyright “coat of many colors” can be had for a price, but is worth as much as 10 times the fee the Artist might otherwise charge for the licensed use right.  That often results in a quick agreement to license the artwork in lieu of a work made for hire transaction.

If the client still insists on work for hire, here in California individual artists have another argument that typically will clinch the deal as a licensed work product instead of work for hire.  The legislature in California has reasoned that if a company is going to treat a deliverable as work for hire as they would were it made by one of its own employees, the company should rightly provide to the independent contractor some of the same benefits to which its employees are entitled as a matter of law, namely Workers Compensation and Unemployment Insurance!  That’s right!  In California statutes provide that if work for hire is involved as part of the deliverable by a non-employee independent contractor, the company is responsible to pay into Work Comp and Unemployment Insurance policies for the service provider!  (See CA Labor Code Section 3351.5c and Unemployment Insurance Section 686 linked here: and )

All this said, there are caveats.  (Lawyers always have “caveats”.)  It may well be that a client wants an Artist to design a new logo or provide artwork the right to which they need to totally control.  A logo for instance is a form of Trademark, which the client logically does not want used in any other way that might be confused with their brand with which the logo is associated.  In a circumstance like this, the Artist should recognize the legitimate need, but the client should be prepared to pay accordingly for the larger rights required.  If the logo does not fit naturally into one of the work made for hire categories, the copyright can still be “assigned” (sold) by the Artist in writing.

This brings me to my final comments on the subject.  Companies have become so sophisticated that many will often include a provision in their Service Agreement that anticipates that if the work to be performed is not necessarily eligible for work for hire treatment under 17 USC 101, but they still want “all rights,” they will add an alternative assignment provision to the work for hire provision.  It will read something like this:

All work products developed in whole or in part by Contractor for Client (the “Work Product”) including but not limited to any text and/or artwork or graphics, and any copyrights contained therein, shall belong exclusively to Client and shall, to the extent possible, be considered a work made for hire for Client within the meaning of Title 17 of the United States Code. However, to the extent that any of the materials created by Contractor in support of the project may not, by operation of law, be a work made for hire in accordance with this agreement, Contractor hereby assigns to Client all right, title and interest in and to any copyright.

In which case, the Artist is right back to looking for the much higher fee since in the application of either of these legal precepts, copyright is conveyed, and the Artist will have no further use rights whatsoever, without the Client’s permission!

If you have further questions about this that you want to direct to me personally, I can be contacted through my website linked below.

Disclaimer: The information contained in this website is not intended as legal advice. Because the law is not static, and one situation may differ from the next, we cannot assume responsibility for any actions taken based on information contained herein. Also, be aware that the law may vary from state. Therefore, this website cannot replace the advice of an experienced attorney. Receipt of this information does not create an attorney-client relationship. MJ Bogatin, Bogatin, Corman & Gold,

You Might also like:  "Bo's bLAWg - What should be in an art licensing contract with a manufacturer"

Sunday, March 15, 2015

Textile Design LAB Giveaway! Win a free month!

a Rafflecopter giveaway

Betsey H. & Shawn C. are the winners!

Starts March 17th. Ends March 24th. Enter once each day. Giving away TWO one month subscriptions to Textile Design Lab. - Tell your friends!


—I need your email address to be able to contact you. I won't keep it.

Big THANK YOU to the team at Textile Design Lab for this generous giveaway! There are a lot of great courses to choose from: Market Your Work To The World • Earn a Living Doing What You Love • Master Professional Repeats and more! Go to their about page and scroll down to see them all

Be sure to sign up for my newsletter so that you are the first to hear about giveaways —Thank you for stopping by the blog :-D

Terms and Conditions: Giveaway ends March 24th, 2015 at 12:00 a.m. CST. Open to Residents of the US only. Prizes cannot be shipped to PO Boxes. Winner will be selected by and be notified by email. Winner has 48 hours to respond before a new winner is selected. Please note that and Ann Troe is not responsible for sponsors that do not fulfill their prizes. I have represented each sponsor with the expectation they will fulfill their prize and in a timely manner. I will contact the sponsor regarding your prize(s). The sponsors, in most cases, are shipping their items to you directly. I will make every effort to assist you obtaining your prize. If there is an issue with a sponsor, please notify the blog you won a prize from within 30 days for assistance, after that we may be unable to assist you. The product provided for the review was free of charge from the company. The product offered for the giveaway is free of charge, no purchase necessary. My opinions are my own and were not influenced by any form of compensation. Facebook, Twitter, Pinterest, Linkedin, Blogger and Google+ are in no way associated with this giveaway. By providing your information in this form, you are providing your information to me and me alone. I do not share or sell information and will use any information only for the purpose of contacting the winner.

Friday, March 13, 2015

Artist Spotlight - Tammie Bennett

Tell us a bit about yourself: Did you go to school for art? Are you self taught?
I consider myself a self taught artist because I never took any art classes in school or university or had any sort of formal training.  I have taken many online art and art licensing classes which I have found super helpful.  I was a marketing major and then graduated law school, so I didn't come from a learning background of drawing and painting.  I've  spent hundreds of hours just working on my skills.  I really love learning new things and teaching myself by DOING. 

Do you work in just one medium? Several?
I work in several!  I love starting out with a sketch, scanning it into Photoshop or Illustrator to colorize and make it into a pattern.  But I also have a huge love for acrylic paint and mixed media.  As I'm feeling more comfortable with my Photoshop skills, I'll be turning more of those painted pieces into patterns. 

What inspires you / where do you get inspiration from?
I am inspired by so much in this beautiful world!  From my children's art, to vintage candy shops, to my runs through the local trails.  I like watching fashion and design shows to see how those artists create their work.  I love looking through vintage field guides to wildflowers and birds.  I have a few vintage children's dictionaries and school books that I can spend hours looking through.  There are so many times I will see something that sparks a light in my head and I'll have to rush to my sketchbook and get it down before it slips away.

What are you working on now?
I'm just wrapping up three new licensing projects that I can't talk about yet, but I am super excited about them!  I'm also working on a lot of new designs for SURTEX in May.  I'll be exhibiting in booth 532 with two other artists from the Happy Happy Art Collective.

Anything else you would like to share with us?
I spent time with a professional coach last year and she helped me tremendously by giving me a system to focus on my priority each day and doing that thing before anything else.  I've made huge leaps in my work because of that focus. 

Also, I'm a big fan of daily habits.  I've drawn in my sketchbook and written in my journal every single day since October 9, 2012 and I can't imagine breaking my streak at this point.  I also created a pattern in Illustrator every single day of 2013 so I could learn the program and get really fast at creating patterns.  My daily art project for 2014 was #365tinythanks where I drew a quick sketch of something I was thankful for and I posted it on instagram.   

I am so thankful for the friends I've made so far in this industry.  I highly recommend getting a collective together or a group of artists who GET you and making it a point to meet (in person or online) every month at least.  It's hard to work alone and without support.  Being part of the Happy Happy Art Collective has been a game changer for me.

Are you an early riser? or night owl?
I'm a night owl, which makes it quite difficult since my kids have to wake up a little after 6am for school.  I seem to hit my artsy groove  around 3pm right before they arrive home from school. I'm still trying to adjust and get a lot of good work done in the morning.

What is your favorite food?
If you had asked me a month ago before I started really cleaning up my eating, I would have said mint chip ice cream for sure!  Now I'll say a really good salmon and brown rice. And I can never ever have enough sunflower seeds. 

You can find Tammie:
portfolio ::
blog ::
instagram ::
pinterest ::
email ::

THANK YOU for stopping by my blog!
Do you want to be spotlighted? Send me an email:
Make my day and follow this blog :-D Don't want to miss the good stuff? Sign up for my newsletter ;-)

Friday, March 6, 2015

Is it hard for you to show people your art? Me too!

Happy Friday Creative Peeps!

Showing my art in public, is a newer thing for me. I get comments from some of you that this is difficult for you too! The darn thing is people have to see it before they know they want to buy it. Boy do I want to sell it! So, in a nut shell I took small steps - all though I didn't realize it in the beginning.

Lunch bag love step
There wasn't any planning or written steps to take. It just happened. I wasn't thinking that I want to license my art. I didn't show my art either.

I have always liked drawing etc. So Six or so years ago when my youngest (girl) was in middle school they changed the hot lunch menu. Oh was this a horror to her! So in an effort to cheer her up each day, I started drawing on her lunch sacks trying to make her unwanted cold lunch a bit cheerier. I used good old Sharpie marker and color pencil. I knew her lunch companions would see the handy work, but that was about it. Do you know she kept everyone one of the drawings! (a few went through the wash in her pocket and didn't survive.). I did this for a little over a year until she got a bit older and didn't want me to do it any longer. During this time I got request from her friends AND several teachers to draw on a lunch sack for them. It was fun AND I realized strangers like my art! Huzzah!

During this same time, I was drawing in a sketch book more — I had a sabbatical from art when the kids were young other than drawing dinosaurs and butterflies for them. Not much time with a graphic design business and young family. — Since I was bolstered by strangers liking my art, I opened a CafePress store to see if anything would sell. I got SO excited when something did sell. I figured that was high praise in a sea of other online stores. It wasn't long after I opened the CafePress store that I started learning about art licensing and working on a portfolio to shop around. By golly! I like my art on products! My Useful Stuff blog page has the resources I used.

If it hadn't been for the lunch sacks and my daughters middle school teacher's requests, who knows if I would have gotten the confidence to license my art. It was what turned the light bulb on for me.

Dipping my toe into social media
I started with twitter - just 140 characters and no image back then. Pretty safe :-) My profile had a link to my websites. Thank you nice Twitter peeps who actually went to my websites and shared positive comments. It all helps build the old confidence :-) Fast forward: Now I do quite a bit with social media. I blog for goodness sake! English/spelling have been a struggle from the git go for me. Writing clearly may always be a challenge. Connecting with all of you out weighs those issues for me.

Booga Boogas
So rather than bore you with all the little steps,—you get the idea here. I thought you might like to know that I still get the "Booga Booga" crazy voices in my head. Steps can just be scary! The bigger the step, the louder the "Booga Boogas" are. The first time I walked Surtex my head was spinning with loads of insecure thoughts. This will be my third Surtex. I don't think my "Booga Boogas" will go away, but they are getting better behaved with practice.

One last thought for you
If you are scared to show your art for licensing? Think about being spotlighted on my blog. I ask the same few easy questions of everyone AND I am the one singing your praises. It is one of the many reasons I do artist spotlights :-)  It can be a great boost of confidence for you.

What aspect of being an artists makes your "Booga Boogas" chime in? Thanks for connecting with me.

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