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Mount Shasta in Moonlight

Mount Shasta in Moonlight Oil Painting by Stefan Baumann 8×12 Oil on Board Framing 31/4″ Wood Signed Lower Right – Baumann On Verso Stefan Baumann Mt Shasta in Moonlight Artist’s Comments Painting on location is difficult enough, but painting on location at night offers a new set of issues that challenge even the most skilled plein air artist. First, seeing your painting and palette in the dark can be difficult, but with the new LED light that straps on your head, you can see whatever you look at; your painting, your palette, and your brush strokes. You can actually see…

The post Mount Shasta in Moonlight appeared first on Stefan Baumann – The Grand View: Paintings by Stefan Baumann.

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My Art Copied in Las Vegas Without My Permission: Should I Be Upset? What Was the Outcome?

Wine Affair ©Sandi Whetzel
Wino Wine Bottle

Imagine my surprise when I saw that a Las Vegas business intended to use an obvious imitation of my painting, Wine Affair, (above left) for one of their events.  For a nominal fee the restaurant and painting studio provides painting materials to guests who are guided through a re-creation of the featured painting of the evening.  Participants paint, socialize and dine on gourmet foods and partake of alcoholic beverages offered for purchase. What a novel concept for introducing people to a “painting experience” while capitalizing on the sale of food and beverages during the event!  It sounds like a lot of fun.  Above right, is the featured painting they intended to be re-created at the painting event April 17th, 2013.  Is it inspired by my painting?  Is it a copy of my painting?  I’d be interested in what you think.

I think there are too many obvious similarities in the two paintings to leave any doubt this version was copied from my painting.  First, I know my painting is an original.   I created it out of my head from scratch in 2010.  I had not seen anything like it anywhere before.  The goblet is from my cupboard, but I painted it abstractly.  I worked long and hard on several sketches of the goblet before settling on its shapely placement.
                          
The treatment, shapes and placement of the goblet, bottle and moon are nearly identical.  The swirls in and around the moon and around the bottle are another giveaway.  The colors and their placement in the bottle closely resemble those in my wine bottle.  The painter chose to use a shorter canvas format and alter the angles of the goblet slightly in an effort to change their version and avoid copyright infringement.  However, as complicated as it is to determine copyright infringement, one guideline is:

The test of an infringement is whether an ordinary person would determine that one work is copied from the other; the copying need not be exact.
My first gut reaction when I saw this painting was to smile and feel good that somebody was so inspired by my Wine Affair  painting that they wished to create their version of it for use in their business.  The familiar quote, “Imitation is the sincerest form of flattery” came to mind.  I had to laugh at the mere prospect  that my work might be famous enough to be copied!  If I had thought this imitation would reduce my ability to profit from reproductions of my painting, I would have been furious and demanded recourse.  However, I did not feel it would be a threat to the sale of my original or reproductions of it. 
Wino Wine Bottle is a playful piece.  The sad thing about this imitation is that several sacrifices in the re-design of the painting were made, either in an attempt to differentiate it from my painting, or maybe the artist just didn’t know about more aesthetically pleasing elements of design.  Even sadder is that they would have been encouraging their class participants to repeat those design flaws by copying the mistakes.  
Crowding the bottle and the moon too closely to the top of the canvas and squeezing the bottom of the goblet and bottle too close to the bottom of the canvas makes the composition look awkward and amateurish.   The weight of the goblet and bottle appear to be falling through the bottom of the canvas.
Allowing the goblet to share its edge with the curving silhouette of the bottle creates another awkward “crowded” sensation. One of the objects should be placed behind the other, or leaving some space between them would avoid the awkward look.  I also feel that the color of the wine next to the harsh white of the goblet appears garish.
If I were a vindictive person, I might have seen an opportunity to go after this business for their copyright infringement and possibly be awarded a large sum of money.  In this situation, I don’t feel it would have been worth the frustration.  What do you think? You can either email me your thoughts from the link at the right sidebar, or you can use the comments section below this post.

EPILOGUE:  Right after I first posted this blog I started thinking about the repercussions of having copied  versions of my painting floating around the country and the internet if the business had used it.  If people saw the copy and then saw my Wine Affair original, might someone question whether I had copied Wino Wine Bottle instead of it being the opposite situation?  And was it fair for participants not to know they were copying copyrighted art?  I also wondered how many other artists’ work might be exploited if I kept silent.   I contacted the restaurant and studio to inform them of their copyright infringement.  I am happy to report, they have ceased advertising Wino Wine Bottle as the featured painting and will not use it for their event. 

By the way, the original of Wine Affair  and reproductions of it and other of my paintings are available at my new print-on-demand website .   sensual wine art art

Continue reading My Art Copied in Las Vegas Without My Permission: Should I Be Upset? What Was the Outcome?

My Art Copied in Las Vegas Without My Permission: Should I Be Upset? What Was the Outcome?

Wine Affair ©Sandi Whetzel
Wino Wine Bottle

Imagine my surprise when I saw that a Las Vegas business intended to use an obvious imitation of my painting, Wine Affair, (above left) for one of their events.  For a nominal fee the restaurant and painting studio provides painting materials to guests who are guided through a re-creation of the featured painting of the evening.  Participants paint, socialize and dine on gourmet foods and partake of alcoholic beverages offered for purchase. What a novel concept for introducing people to a “painting experience” while capitalizing on the sale of food and beverages during the event!  It sounds like a lot of fun.  Above right, is the featured painting they intended to be re-created at the painting event April 17th, 2013.  Is it inspired by my painting?  Is it a copy of my painting?  I’d be interested in what you think.

I think there are too many obvious similarities in the two paintings to leave any doubt this version was copied from my painting.  First, I know my painting is an original.   I created it out of my head from scratch in 2010.  I had not seen anything like it anywhere before.  The goblet is from my cupboard, but I painted it abstractly.  I worked long and hard on several sketches of the goblet before settling on its shapely placement.
                          
The treatment, shapes and placement of the goblet, bottle and moon are nearly identical.  The swirls in and around the moon and around the bottle are another giveaway.  The colors and their placement in the bottle closely resemble those in my wine bottle.  The painter chose to use a shorter canvas format and alter the angles of the goblet slightly in an effort to change their version and avoid copyright infringement.  However, as complicated as it is to determine copyright infringement, one guideline is:

The test of an infringement is whether an ordinary person would determine that one work is copied from the other; the copying need not be exact.
My first gut reaction when I saw this painting was to smile and feel good that somebody was so inspired by my Wine Affair  painting that they wished to create their version of it for use in their business.  The familiar quote, “Imitation is the sincerest form of flattery” came to mind.  I had to laugh at the mere prospect  that my work might be famous enough to be copied!  If I had thought this imitation would reduce my ability to profit from reproductions of my painting, I would have been furious and demanded recourse.  However, I did not feel it would be a threat to the sale of my original or reproductions of it. 
Wino Wine Bottle is a playful piece.  The sad thing about this imitation is that several sacrifices in the re-design of the painting were made, either in an attempt to differentiate it from my painting, or maybe the artist just didn’t know about more aesthetically pleasing elements of design.  Even sadder is that they would have been encouraging their class participants to repeat those design flaws by copying the mistakes.  
Crowding the bottle and the moon too closely to the top of the canvas and squeezing the bottom of the goblet and bottle too close to the bottom of the canvas makes the composition look awkward and amateurish.   The weight of the goblet and bottle appear to be falling through the bottom of the canvas.
Allowing the goblet to share its edge with the curving silhouette of the bottle creates another awkward “crowded” sensation. One of the objects should be placed behind the other, or leaving some space between them would avoid the awkward look.  I also feel that the color of the wine next to the harsh white of the goblet appears garish.
If I were a vindictive person, I might have seen an opportunity to go after this business for their copyright infringement and possibly be awarded a large sum of money.  In this situation, I don’t feel it would have been worth the frustration.  What do you think? You can either email me your thoughts from the link at the right sidebar, or you can use the comments section below this post.

EPILOGUE:  Right after I first posted this blog I started thinking about the repercussions of having copied  versions of my painting floating around the country and the internet if the business had used it.  If people saw the copy and then saw my Wine Affair original, might someone question whether I had copied Wino Wine Bottle instead of it being the opposite situation?  And was it fair for participants not to know they were copying copyrighted art?  I also wondered how many other artists’ work might be exploited if I kept silent.   I contacted the restaurant and studio to inform them of their copyright infringement.  I am happy to report, they have ceased advertising Wino Wine Bottle as the featured painting and will not use it for their event. 

By the way, the original of Wine Affair  and reproductions of it and other of my paintings are available at my new print-on-demand website .   sensual wine art art

Continue reading My Art Copied in Las Vegas Without My Permission: Should I Be Upset? What Was the Outcome?

Your Wine Fantasy, "Moonlight Rendezvous", or "What’s in Your Goblet?"


Moonlight Rendezvous 30×24 acrylic©Sandi Whetzel
Originally uploaded by sandiwhetzel

When you are with the one you love, you can’t fight the moonlight under a lover’s sky. This perfect wine pairing of two moonstruck lovers has all the seductive elements for a romantic encounter. A romantic beach, a beautiful moonlit sky and elegant wine with a sweet finish that lingers. It’s liquid bliss. What’s in your goblet?

This painting, like its predecessor in sultry reds, “A Toast to Love and Wine”, engages viewers on several levels. Both paintings present viewers with the prospect of triggering their own personal fantasy of love and wine, or creating their own version of what each painting represents. While both paintings set the scene for wine fantasies, they leave viewers with questions that only the viewers can answer as to what is about to happen or has occurred.

Viewing “Moonlight Rendezvous”, one might think that the man in the water has just discovered the lady in the goblet, marveling at her beauty and deciding how to get to her. Is it a chance meeting? Do they already know each other, or was their meeting prearranged? His position in the water with his shoulders facing the viewer might lead to other conclusions. Maybe they have already been together and it is time for him to go. Maybe, in his reluctance to leave her, he lingers for one last gaze at her; basking in the afterglow of their experience. What do you think?

The response to the first painting was so powerful that I was inspired to create another one with equal impact. I could have used the same passionate reds, but since both paintings share similar elements of a lady in a goblet, a man in the water, and a sky scape, I felt I should vary the composition of this second painting. In fairness to my art collectors, neither painting should be too similar to the other so that each painting has its own uniqueness, even though they share a theme. Each one stands distinctly on its own and will not be confused by the other.

The sizzling sunset of the first painting was changed to a tranquil moonlight. The placement of the man in the water is completely different. The woman’s pose was altered and she is a blonde, instead of the slimmer, dark-haired lady in the first painting. I used a more intimate close-up view of the lady in the goblet. She is more prominent and more visible in the twilight than the lady in the first painting. I managed to keep the men in both paintings as a secondary surprise element. The seductive blues in this painting create a dreamy, sensual ambiance that will make it at least as compelling as its predecessor.  Here’s to living your fantasy!

This painting and others in my wine series will be on display at the Umpqua Valley Arts Association Annual Summer Arts Festival, June 24-26, 2011 at 1624 W Harvard Ave, Roseburg, OR. Look for me and my art in booth #84.  I’m doing my best to live up to this year’s festival theme of “Paint the Town”.   For festival hours and events, click here:  This arts extravaganza is one of the largest of its kind in the Pacific Northwest and considered to be a premiere community event.

Continue reading Your Wine Fantasy, "Moonlight Rendezvous", or "What’s in Your Goblet?"

NAME THIS PAINTING CONTEST: Artist Seeks Help Naming Most Recent Painting

Not titled yet©Sandi Whetzel Have you ever named a painting? As an artist I give considerable time and thought to picking a title for my paintings because I feel that viewers of the art will connect more to it if it has a clever and fitting title. …

Continue reading NAME THIS PAINTING CONTEST: Artist Seeks Help Naming Most Recent Painting

“NAME THIS PAINTING” CONTEST: Artist Seeks Help Naming Most Recent Painting

Not titled yet©Sandi Whetzel
Have you ever named a painting? As an artist I give considerable time and thought to picking a title for my paintings because I feel that viewers of the art will connect more to it if it has a clever and fitting title. I usually don’t have a title in mind until after the painting is finished. Then, hopefully, it reminds me of something that helps me arrive at a title. The finished art makes me feel a certain way about it that often leads me to its title.
Some paintings are harder than others to title. The blue painting pictured here is one that I’m struggling with, so I’ve decided to hold a contest or a poll to see what the majority of respondents think is the most fitting title for my most recent painting. If you pick a title for the painting that I haven’t already considered and I like it enough to use it, I will award a free 8×10 reproduction of the painting to the first responder that provides the winning title. The winner will be responsible for shipping charges only. Be sure to read the titles I am already considering later in this post to see if you can come up with something I like better. If you can’t think of anything better to suggest as a title, I would appreciate you emailing me your vote for which of the titles I have suggested so I can see which is the most popular title for this painting.  (See “Email Me” link under “Contacting Sandi Whetzel” heading at top right sidebar of this page.)
This tastefully sensual moonlit scene of the beautiful lady nestled in the wine goblet is a sequel to the last very popular one that I did of very similar subject matter. You can see that one, titled, “A Toast to Love and Wine” here:
“A Toast to Love and Wine”©Sandi Whetzel
In both paintings I intentionally rendered the men in the paintings less obviously so that you would not see them at first sight. You should notice the beautiful woman in each painting first and then be pleasantly surprised at the observation of the male counterparts in the paintings. Both paintings are a wine fantasy involving lovers. In each of these two paintings the women seem to be having their own private thoughts or dreams; almost oblivious to the rest of the scene.
Lately I’ve been expanding my wine series of paintings because wine has become a really big thing in the Umpqua Valley where I live. There are many wine lovers in my area and they have made significant connections to my imaginative wine themed art. My wine paintings are very different from the wine paintings you see elsewhere. People are drawn to the paintings because they remind them of how they feel when they drink wine. I’ve kept those feelings in mind to help me come up with concepts for the paintings. Sometimes I feel almost like I’m creating commercials for the wine industry but that’s what it takes for me to create paintings that draw people to them.
OK, now here are the titles I’ve been considering for this most recent blue wine painting:
A Romantic Wine Pairing”, “A Perfect Wine Pairing”, “Moonlight Reverie”, “Wine Lovers”, “A Wine Affair”, “Moonlight Rendezvous”, “Wine Buffs”, “Basking in the Afterglow”, “Hope Floats”, “Wine Fantasy”, and “What’s in Your Goblet?”
Can you think of a title you like better? If not, which one of the above do you vote for? Email me your suggestions to compete for the winning title or vote for your favorite of my suggestions.  (Use the “Email Me” link at the top right sidebar of this page under the heading of “Contacting Sandi Whetzel”. This should be fun and I’d love to know what you think.

If you’d care to leave comments about the painting, click the “Comments” link  below this post but I will not be able to contact you directly from there If you want to be notified if you are the winner, then you must use the “email me” link at the top right on the sidebar under the “Contacting Sandi Whetzel” heading to enter your title suggestion(s) and/or vote for one of my suggestions. (The post comments are subject to moderation.) I look forward to hearing from you.

Continue reading “NAME THIS PAINTING” CONTEST: Artist Seeks Help Naming Most Recent Painting