Welcome to BEHIND THE SCENES AT STUART NG BOOKS. New reader? Click on sidebar post "Your Guide.." Stuart does NOT write this blog. All the posts and opinions here are Amy's alone. This is SNB from the POV of the Bride of Bookseller. I'm here to advocate for indie artist creative rights and share resources. Aloha and thanks for visiting!
Here are some photos from recent trip to France as a preview. More details coming soon on visits this year to my usual haunts (the Musee Curie; the natural history museums at the Jardin des Plantes) as well as other stops this year.
Longtime followers of the blog know you can go to the Feb posts most years and see my recap of Stuart's annual France trip. I'm not able to go every year... and I hadn't been since 2020! Five years ago.
You can also use the "Your Guide to Behind the Scenes at Stuart Ng Books" post on the side bar -- see background on SNB, the blog, and other adventures from the Bride of bookseller.
Bonus points if you know any of these locations from your own trip to Paris... or from previous posts on the blog...
Links here are excellent reference for these indie art life essentials. At the end of this post there is a gallery of memes and images promoting awareness of the value of artWORK.
Copyright and Trademark
This page from the Graphic Artists Guild website covers the FAQ on Copyright and Trademark, as well as some business basics like contracts and pricing guides: https://graphicartistsguild.org/resources/
Is AI scraping of images "Fair Use" under current copyright laws??
Artists say: "No!" Artists own the images that are being used to build the AI data sets. Artists are testifying before lawmakers and striving to raise awareness at the impact of AI generated images on their livelihoods. They consider what's being done with AI to fall outside the Copyright office's definition of fair use as "... a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances." In general, Fair Use allows using excerpts of copyright protected work for educational use or critical review.
While the courts work out the legal language of all this --what's happening to artists isn't fair. And it's up to art fans to be informed.
Website text from the Copyright Office acknowledges "Fair Use: is a thorny issue: "Fair use is a judge-created doctrine dating back to the nineteenth century and codified in the 1976 Copyright Act. Both the fact patterns and the legal application have evolved over time, and you should seek legal assistance as necessary and appropriate." This Copyright Office link has an excellent primer on Fair Use. https://www.copyright.gov/fair-use/index.html
Are AI generated images "transformative works" under copyright law -- is another thorny issue under Fair Use that artists are challenging. Copyright law has long protected derivative works as creative rights that belong to artists and author. Summaries of this recent Supreme Court ruling in the Andy Warhol Foundation v. Goldsmith case the courts "recognition and affirmation of the importance of the author’s right to prepare derivative works": http://copyright.nova.edu/derivative-works/#:~:text= and https://www.artforum.com/columns/the-transformative-impact-of-_warhol-v-goldsmith_-252757/ (photo below from the Artforum link)
We need laws that allow artists to "opt out" of image scraping for those who want to retain their creative rights. Why is this so hard to achieve?
This Arthrive.com link is a primer regarding mis-attributed AI generated images we all need to be aware of
Concept Art Association. This industry organization helps promote the role of concept artists. This page on their website explains basics on AI and the advocay role of Concept Art Assocation raising awareness in the industry, the public at large, and lawmakers in Washington and at the Copyright Office:https://www.conceptartassociation.com/advocacy
Karla Ortiz Blog -- In Nov 2022 Karla launched her KOrtiz Blog which she describes as"....is a personal space for Karla to share art, processes, ideas, and all things art. This is also a space that will chronicle all of Karla’s personal thoughts and research on emerging AI technologies, the companies behind it, and all the concerns this new tech brings, from the artist’s perspective." https://www.kortizblog.com/ (Photo below is from the KOrtiz blog)
GLAZE -- background on, and link for the latest version of this free software, developed at University of Chicago, for artists to use to protect their online art images from being "scraped" for AI data sets. https://glaze.cs.uchicago.edu/index.html#whatis
Video from GLAZE creator Ben Zhao at SAND Lab, University of Chicago.
AI may be a tool that some will use, but we need transparancy about that use, and selected opt-ins with credit and compensation for artists who choose to allow use of their images. The standard should be opt-out with artist rights retained and protected. Just because an artist posts and image online that doesn't make the artWORK free to use by others.
Articles and interviews on AI and impact on artists:
Excerpt: “ But the efficacy of these “voluntary” deals with leading AI companies is unclear, as Google, Meta, and OpenAI are each already embroiled in lawsuits over alleged copyright infringement and misuse of user information — and experts in the fields of art and technology are skeptical that they will achieve much. “The ‘voluntary’ nature of these commitments renders them meaningless,” University of Chicago professor Ben Zhao told Hyperallergic, noting that “while the Biden administration has good intentions, they seem to be oblivious to the real risks at stake.” As a computer science educator, Zhao served as the faculty lead for the research project “Glaze,” a system designed to shield artists from AI-style imitation. The technology, which is currently available for free to download, uses stylized masks that apply barely noticeable alterations to artworks in order to misdirect generative models that try to steal an artist’s personal aesthetic.
These are incredibly strong yet poorly defined goals that have been set forth, and many of these commitments involve technical problems that lack solutions or may be completely insolvable,” Zhao said, pointing to the example of “watermarking” content. “There are no robust solutions for watermarking generative content, either text or images, known today,” he explained. “How hard will these AI companies work at ‘voluntarily’ building these difficult systems? What we need is real regulation with well-defined, transparent goals that are backed up with plans for testing, enforcement, and if necessary, penalties. The assumption that big tech will do the ‘right’ thing despite the obvious financial disincentives is naive.” Concept Art Association, an organization that supports concept artists and their work, also explained to Hyperallergic that because creators “are the true creative core at the heart of generative AI,” they must be allowed to have a say in the legislation around it.
Starting back in Oct 2022 a vanguard of artists took a stand against unauthorized use of their copyright protected artWORK being "scraped" off the internet by AI art platforms.
Concept art above by artist Karla Ortiz below...
Here's a link to my first post on the artists vs. AI art.
In July 2023, Karla was part of a group of artists who testified at congressional hearings about the impact of AI generated images on their industry and career.
Excerpt: “ But the efficacy of these “voluntary” deals with leading AI companies is unclear, as Google, Meta, and OpenAI are each already embroiled in lawsuits over alleged copyright infringement and misuse of user information — and experts in the fields of art and technology are skeptical that they will achieve much. “The ‘voluntary’ nature of these commitments renders them meaningless,” University of Chicago professor Ben Zhao told Hyperallergic, noting that “while the Biden administration has good intentions, they seem to be oblivious to the real risks at stake.” As a computer science educator, Zhao served as the faculty lead for the research project “Glaze,” a system designed to shield artists from AI-style imitation. The technology, which is currently available for free to download, uses stylized masks that apply barely noticeable alterations to artworks in order to misdirect generative models that try to steal an artist’s personal aesthetic.
These are incredibly strong yet poorly defined goals that have been set forth, and many of these commitments involve technical problems that lack solutions or may be completely insolvable,” Zhao said, pointing to the example of “watermarking” content. “There are no robust solutions for watermarking generative content, either text or images, known today,” he explained. “How hard will these AI companies work at ‘voluntarily’ building these difficult systems? What we need is real regulation with well-defined, transparent goals that are backed up with plans for testing, enforcement, and if necessary, penalties. The assumption that big tech will do the ‘right’ thing despite the obvious financial disincentives is naive.” Concept Art Association, an organization that supports concept artists and their work, also explained to Hyperallergic that because creators “are the true creative core at the heart of generative AI,” they must be allowed to have a say in the legislation around it.
Some background (a summary of this new law vs older AB5)
While both California laws aim to protect freelance workers, the key difference is that AB5 primarily focuses on determining whether a worker should be classified as an employee or independent contractor using the "ABC test," while the Freelance Worker Protection Act (FWPA) mandates specific contract requirements and payment timelines for freelance workers, regardless of their classification under AB5; essentially, the FWPA provides additional protections for freelancers once they are established as independent contractors under AB5's guidelines.
CCALIFORNIA LAW AB5 REGARDING FREELANCE WORK (became effective January 2020)
This January 2020 post is where I update links and info on AB5 (updated 5.17.21)
It was around July 2014 that I started posting frequently about Copyright Protection for images posted online. My artist friend Lili Chin of Doggie Drawings https://www.doggiedrawings.net/ had become a target for outrageous levels of art theft. This included an impostor in the UK who downloaded Lili's dog images, flipped them, painted them on canvases adding painted dog collars with actual rhinestones on them, then sold them at art fairs and even a gallery! The gal ended up on a British TV show bragging about her successful business. Lili's fans alerted her -- a great example of how an educated, loyal, invested fan base is the front line for fighting art theft. Even more vital: Lili registers her copyrights. It was a long, expensive, frustrating fight to watch my friend go through. The gallery was appalled at the impostor and kicked her out. The impostor went into hiding. It became a dead end for Lili (and the expensive UK lawyers she had to hire). Lili has won successful settlements since then, but is still fighting art theft. I see how exhausting it is. This waste of artist time and resources, not to mention livelihood, inspired my activism. So I started learning more and posting more. Since 2015, I've subscribed to an intellectual property legal service that allows me to schedule phone consultation appointments. It's an investment I make on behalf of the blog. I want to post info that's as accurate as possible given that many of these issues are fluid with new laws in the works. I use this source to fact check my own IP questions directly with an IP attorney. More on the service here: https://counselforcreators.com/creators-legal-program/
Lili Chin won a settlement against Kohls when the retail giant stole her artwork.
This Oct 2016 post has background info on this groundbreaking legal case in the fight against art theft: http://stuartngbooks.blogspot.com/2016/10/indie-artist-lili-chin-files-lawsuit.html This post also has links for the infamous case Lili suffered in 2013 with the UK art thief. Lili's suit against Kohl's settled out of court for an undisclosed sum.
This "Combat Art Theft" post compiles case studies and how artists are fighting back. There is a dangerous culture of tolerated piracy when it comes to online art. This. Must. Stop. Links on this post explain the risks.. and offer solutions.http://stuartngbooks.blogspot.com/2016/09/combat-art-theft-case-studies-and.html
The long trauma of 2020 impacted everyone. It resonates years later and continues to bring many self-care challenges. Please be mindful of your mental, emotional and physical health.
Artists and other indie creators must be well to work -- they are the only ones who can do their jobs. You can't do your best from a place of unwellness.
Use the internet and social media wisely. Share facts, not fear. Always SIFT before sharing.
Stop.
Investigate.
Fact-check/Find corroborating stories on credible sites.
Trace posts back to original context/media.
The SIFT system was coined by Mike Caufield, a digital literacy expert at Washington State University.
In 2015 I launched a series of posts to share stretches and restorative options for Artists and others whose work demands long hours of sitting. These simple exercises will help undo the strain on back, shoulders, arms, wrists and hands. Posts feature stills and video with certified yoga instructor Simone, who gives helpful workshops at the SNB showroom for crew and colleagues. Simone's Facebook page also offers links to online tutorials she finds and recommends:
Documenting your creative process engages followers. It's also a great way to make your artWORK work for you. You're going through the steps already. You're taking the time.. and spending your resources... to document them. They are perfect to make multi-purpose. Monetize them. Never undervalue your time, talent and effort. Art life requires art work that is compensated.
So many artists posts these valuable tutorials for free. Why not share a few, but then use these sorts of posts to move followers to platforms where they can find more by supporting your art life on Patreon or with Ko-fi.
GET INSPIRED BY LOOKING BACK, LOOKING OFF-GRID and
NOT BEING LIKE EVERYONE ELSE LOOKING ONLINE
The internet has been a game changer, but recently I've heard professional artists, executives, instructors and collectors concerned about the growing trend of mediocrity. The easy access to so many versions of familiar images and subject matter means that everyone's art starts to look the same. Imitation is the death of growth. Don't copy other artists work, tweak it a bit, and call it your own. That's fine for practice in your sketchbook, but it's no way to build a brand and audience of your own.
If you want to reach the next level, get away from the screen. Go in person to look at original art. Attend events that lend themselves to sketching. Visit the zoo, aquarium, museums. Look back in books and at libraries to see what artists were doing generations ago. These are habits the exceptional artists share. Disney legend artist Andreas Deja is a prime example of this. His highly educational blog shares treasures from his personal collection of art by past artists who have inspired him. My blog post on his wire sculptures shows his work, an artist that inspires him, and links to his blog:
Art history in all genres can expand your own visual vocabulary. Here are some posts that showcase art inspiration from icons of the past, or activities that inspire sketching...
COVID may seem like old news... but the virus continues to mutate and will complicate conventions for exhibitors and attendees. Everyone who has been attending conventions for years is familiar with "con crud"-- that range of respiratory symptoms that flare up a week or so after a convention. Several days working nearly non-stop in a convention hall environment is bound to irritate your throat etc. But now there's the concern that conventions are ideal "super spreader" events. Everyone has different risk levels. Be respectful of others needs and concerns. Even healthy looking people can have risk factors. The basics will continue to apply -- wash hands frequently; limit close contact; mask and vaccinate as recommended. Golden rule -- treat others as you wish to be treated. Be kind.
ORIGINAL BLOG POSTS ON COVD-19
There are 15 Posts for April 2020 on the blog regarding COVID-19. Here's link for #1 of 15 of the April posts: http://stuartngbooks.blogspot.com/2020/04/covid-1-of-15-april-2020-snb-open-for.html The 15 posts in April include links for indie artist funding resources (post #s 3-5) , DIY disinfecting tips, post #7) links for credible, science-based sites to find the latest on Covid (post #s 12-14). Post #s 9-11 have oodles of online links with family friendly sites like links to zoo and aquarium live cams, as well as tips for home office and self-care survival tools.
I'm leaving the March 2020 posts in tact with the announcement that they are untouched from 3.31.2020, but are valuable as a record of information we had available as the crisis hit.
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