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| (The following material is from an article of the same name that appeared in the September, 1999 issue of Sunshine Artist. It has been
reprinted, updated and expanded by the author) |
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When Cruel Rules Attack |
| Let's face facts. The rules that govern the display and
sale of limited edition reproductions are some of the most contradictory
and confusing clauses in art festival prospectuses. In fact, one
well-known festival artist with many years of experience calls them the
"cruel rules."
These poorly written rules remain "on the books" due to complacency and
occasionally, because some festivals still regard reproductions like the
family's gray-muzzled Chihuahua – a well-behaved pet they fear might yet
go for Grandpa's throat.
Unfortunately, these rules are too often simply borrowed whole from
another festival's prospectus and incorporated without further thought.
When rules are written from scratch – even with the best of intentions
– the resulting wording often places needless restrictions on painters
with reproductions or creates unforeseen conflicts with the rules of other
festivals. Some rules may reflect an unstated ambivalence about allowing
two-dimensional reproductions but, in most cases, the wording is driven by
concerns over possible misrepresentation and concerns about booths
appearing overly commercial.
Many artists have individually spoken with or written to festival
committees about these conflicts and inconsistencies, but the inertia of
existing rules is strong. Even so, it may help to review why reproductions
are a desirable part of today's art festivals.
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WHY HAVE TWO-DIMENSIONAL REPRODUCTIONS? |
| The majority of art festivals already allow
two-dimensional reproductions. The decision to allow reproductions is
always the result of thoughtful and lengthy discussions. In the course of
writing rules to implement their decision, however, committees may not
always realize that certain kinds of restrictions work against the very
reasons that led them to approve two-dimensional reproductions in the
first place. More likely, their reasons included one or more of the
following: |
| 1. Allowing two-dimensional reproductions is an
acknowledgement that selling original paintings is a "hit or miss"
endeavor. Reproductions allow painters to compete in the under-$100
segment of the market, which is otherwise largely unavailable to them due
to the high costs of framing and the labor-intensive nature of painting
and other two-dimensional one-of-a-kind original mediums. For many
painters and other creators of two-dimensional one-of-a-kind originals,
this often means the difference between losing money and at least
recouping expenses (which can run $400 or more per weekend when jury fees,
booth fees, travel expenses and meals are included).
2. Allowing reproductions benefits many art festivals. Try as they
might, many festivals simply cannot attract a sufficient number of patrons
willing or able to purchase more expensive two-dimensional one-of-a-kind
originals. Allowing painters and other creators of two-dimensional
one-of-a-kind originals to offer reproductions attracts artists who
wouldn't otherwise be able to afford to exhibit in those festivals.
3. Allowing reproductions benefits festival patrons. Many art festival
patrons simply cannot afford an original painting no matter how much they
like an artist's work – a reproduction may be the only way, for the
moment, that they can own and enjoy an example of their favorite artist's
imagery. For other patrons, price isn't the issue – they can easily afford
original paintings but may prefer to purchase an image that can be enjoyed
in a second home without concern for its security when they return to a
primary residence elsewhere.
4. Allowing two-dimensional reproductions doesn't confer an advantage,
it merely provides an opportunity. The decision to purchase a photograph,
a pot, an etching or a reproduction (or perhaps one of each!) ultimately
rests with the public. When two-dimensional reproductions are allowed, art
festival patrons are given the choice rather than having the choice made
for them. |
| Even though the reasons for allowing reproductions are all quite positive, the resulting rules are often less so. Several of the most common rules are described in the following paragraphs. As you read them, consider
what motivated the wording in each instance. Then, try to determine if the fear the rule attempts to address is at odds with the reasons just given for allowing two-dimensional reproductions and whether that concern can be
handled by other, fairer means.
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THE FEAR FACTOR
FEAR OF MISREPRESENTATION AND CONFUSION |
Some rules are motivated by concerns that two-dimensional reproductions might be confused with or misrepresented as original artwork or as original prints such as photographs,
etchings or serigraphs. The reality is that deliberate misrepresentation is rare and is the exception rather than the rule. Some confusion is probably inevitable, but most artists with two-dimensional reproductions go to
great lengths to inform the public and, in fact, the public generally understands what two-dimensional reproductions are. More often, when confusion arises, it involves the public's attempt to grasp the nuances of esoteric
and often unfamiliar concepts such as "multiple originals" and "original prints." This, of course, is an issue best addressed by education rather than by unnecessarily restricting artists who wish to offer two-dimensional
reproductions. Concerns over possible misrepresentation or confusion are usually overblown, but festivals can put their minds at ease by adopting two simple forms of disclosure: |
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1. Require that every framed or unframed reproduction be clearly labeled
on the front with the word(s) "REPRODUCTION" or "LIMITED EDITION REPRODUCTION." Committees might consider being prepared to provide labels for artists who neglect or forget to bring their own. Festival committees might also consider asking painters and other creators of two-dimensional one-of-a-kind originals to help educate their viewing committees so they'll be better able to distinguish between originals, multiple originals and reproductions.
2. Educate the public
(via unbiased informational articles in festival programs) by briefly describing the most common techniques used to produce multiple images ranging from traditional printmaking and photography to offset lithographs and giclées. Consult with painters and other creators of two-dimensional one-of-a-kind originals to ensure that the commentary is even-handed and clearly distinguishes between reproductions and multiple original mediums without subtly or overtly denigrating reproductions (as is too often the case).
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FEAR OF OVERLY COMMERCIAL BOOTHS |
| Many festivals worry that artists will display two-dimensional reproductions in an "overly commercial" manner and their concern is reflected in a variety of restrictive
rules. But what is "overly commercial?" And, are artists with two-dimensional reproductions the only exhibitors capable of presenting this undesirable appearance? Here, festivals have a dilemma. On one hand
they'd like to present a cultural experience on a par with those of better galleries or museums; on the other hand, it costs money to put on a festival and that cost is borne in part by artists through booth fees. And, it
costs artists to exhibit. As a result, all artists and craftspeople need to recoup not only booth fees, but also travel expenses, meals and a reasonable income for themselves and for their families. This means making
their "10x10" as productive as possible. For their part, festivals need to balance this economic reality with the need to maintain a sense of decorum and discourage booths from looking overly commercial.
With that in
mind, here are a few ill-advised "appearance" rules that are commonly applied to artists with two-dimensional reproductions and some suggestions for fairer alternatives:
Vague restrictions
Rules with
wording such as "reproductions may not overwhelm the booth" are non-specific and subjective. What one committee member considers "well-stocked," another may consider "overwhelming." Vague wording provides no defined
standard that can be used to determine compliance. It also assumes that only artists with reproductions can "overwhelm" their booths with inventory. But a cursory trip around any art festival will reveal numerous
artists in other mediums whose booths have expanded in every direction like a bad 3-D movie. To craft fairer rules, festival committees should realize that concerns about booths appearing overly commercial apply to artists of all
mediums. Therefore, rules should be written broadly enough to encompass all exhibitors without singling out one group for special restrictions. |
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LIMITS ON EDITION SIZE |
| Some festivals limit
reproductions in other ways, such as by restricting the size of editions. Typical limits are 1,000 or 500 or as few as 250 reproductions per image. In essence, this restriction asks: "At what edition size does the word
'limited' become meaningless?" In attempting to answer that question, festivals committees should consider two factors – the economics of producing a reproduction and how limits set by one festival may conflict with those of
other festivals. Economics
Reproducing a single image as an offset lithograph can easily cost
$5,000 and that investment must be distributed over each reproduction
in the edition. Obviously, when festivals arbitrarily limit edition
sizes to 250, an artist's cost is nearly quadrupled when compared to
festivals that set edition limits at 1,000.
Since one benefit of allowing reproductions is to provide an
affordable option for art festival patrons, arbitrarily small edition
size limits are counterproductive because they needlessly cost artists
and the public more than necessary.
Limits Set by Other Festivals
Conflicts between the rules of various festivals are inevitable when
there is no uniform standard for edition size limits. If one festival
allows editions of 1,000 but another sets limits at 500 or 250,
painters are faced with an almost irreconcilable dilemma - the large
capital investment per image makes it impractical to create entirely
different editions to correspond with the size limits imposed by each
festival.
What's more, unreasonably small edition size limits may prohibit
artists from exhibiting a significant portion of their reproductions –
not because of the quality of their images, but simply because one
festival's edition size limits are overly restrictive when compared to
those of other festivals.
Ideally, festival committees should carefully consider how edition size limits they impose will mesh with those of other festivals as well as whether their limits are needlessly restrictive and, in fact, create an unintended
hardship on painters. Ideally, festival committees should also consider how their edition size limits impact artists who market their reproductions through other venues such as retail galleries. Festivals should be
encouraged to consider the larger picture – i.e. to take into account the fact that their actions not only affect artists for the two days of their festival but may, in fact, have unforeseen consequences on an artist's ability to
earn a livelihood during the remaining 363 days of the year. In the end, determining the size of editions, whether for two-dimensional reproductions, traditional prints, or photographs, is an artistic and marketing decision
that should properly be left to artists. |
PERCENTAGE RESTRICTIONS |
| Festivals frequently use percentage restrictions to assure that artists exhibit a reasonable number of original paintings along with
reproductions. These percentages normally range from 10 to 50 percent. While well-intended, percentage rules have serious flaws that should be carefully weighed against potential benefits. Consider a typical rule that
limits reproductions to 20 percent of the work displayed. Sounds straightforward, but what's wrong with this concept? For one thing, percentage rules require math skills. If you have 37 originals, how many reproductions can
you display? Simply divide 37 by 8 and multiply the result by 2! The answer is 9.25 reproductions. (Total work exhibited = 46.25 pieces which breaks down to 80% originals or 37 pieces and 20% reproductions or 9.25
pieces) Simple, isn't it? But what happens when the artist sells two originals? Not exactly rocket science, but percentages involve more math than most artists and committee members want to cope with on a busy
festival weekend. Percentage limitations also unnecessarily restrict an artist's ability to offer a reasonable selection of reproductions. A selection of 9.25 reproductions is preferable to none but, while opinions vary
widely, many artists and patrons would argue that a selection of even 20 reproductions is minimal. In the example just given, however, an artist would need 80, (yes, that's 80!) original paintings on display in order to exhibit
only 20 reproductions. Most painters would be delighted if they could consistently bring even 40 originals to every festival. In fact, as the season winds on, painters frequently fall significantly below that number, a
situation that does not represent laziness, but merely the labor-intensive nature of painting and the inescapable dilemma of attempting to fit too many demands into a limited amount of time while still making ends meet. Overly
restrictive percentage rules also penalize artists who can only produce a limited number of original works each year due to the size, complexity or technical demands of their paintings. In many cases, these are the same
high-quality artists festivals most want to attract. For those artists, percentage rules amount to a de facto "originals only" policy. So, what's the answer? Percentage-based rules are just a very bad idea because
they vague, arbitrary, overly-restrictive and unenforceable. All things considered, festivals would be better served to avoid percentage rules altogether and opt instead for broader concepts (see "A Fair and Reasonable Rule for
Reproductions" at the end of this article). |
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DISPLAY RESTRICTIONS |
| Some festivals attempt to keep booths from appearing overly commercial by prohibiting artists from displaying framed reproductions; others
insist that reproductions be confined to browse boxes. Let's look at specifics:
Restrictions on framed reproductions
By prohibiting framed reproductions, festivals are presumably attempting to distinguish between originals (always framed?) and reproductions (never framed?). In the end, however, this prohibition says only that frames are bad – at least when they surround reproductions.
Prohibiting painters and other creators of two-dimensional one-of-a-kind originals from offering framed reproductions accomplishes little and hurts a festival's patrons by limiting their choices and forcing them to take an
otherwise affordable reproduction to a local framer for an often startling case of "sticker shock." Prohibiting framed reproductions also denies an artist the additional income he or she might have earned by being able to sell a
framed reproduction for a higher price than unframed an reproduction by itself. As such, this is a marketing restriction not applied to any other medium. If the intent of framing restrictions is to segregate framed
reproductions from originals, this can be accomplished easily by requiring that framed reproductions be properly labeled and hung in one designated area of the booth (on one wall, for example). In the end, restrictions on framing
reproductions are arbitrary and punitive because they are imposed on no other medium. The fact that an original artwork or a reproduction is displayed in a frame has no bearing on its worthiness. With proper labeling and
disclosure, there is no likelihood of confusing framed reproductions with framed original art and therefore no legitimate basis for this type of restriction.
Browse Boxes
Some festivals only allow
reproductions to be displayed in browse bins and, in some cases, even limit this to a single browse bin or go so far as to specify the maximum size of that browse bin. Restricting reproductions to browse bins may be an indirect
means of limiting the display of reproductions but, whatever the motivation, rules of this type are especially difficult to justify or understand – particularly in light of the totally unrestricted number and sizes of browse bins
typically employed by other competing two-dimensional mediums. Booths that present an overly commercial appearance do so regardless of the specific medium displayed. Restricting the number or size of browse bins for
reproductions is arbitrary and punitive because no similar restrictions are imposed on any other medium. Among other justifications, multiple browse bins are necessary and desirable in order to separate original artworks and
reproductions. Furthermore, the interior design of a booth and its appurtenances should be left to exhibiting artists because as professional artists, they are the most qualified to determine how best to display their own
artworks and to design a layout that assures the most efficient traffic flow through their booth space. The only basis on which festival committees should intervene is when there are legitimate questions of public safety,
offensive materials or issues of compliance with local regulations and, even then, any such intervention should apply to all exhibitors equally regardless of medium.
Print tents
A few festivals have sought to
"quarantine" two-dimensional reproductions by separating them from the main show in "print" tents. It should be obvious that, once again, this practice singles out painting and related mediums for restrictions that are
not imposed on any other medium. Print tents only exacerbate the competitive inequity between painters, photographers and printmakers, all of whom compete for the same two-dimensional sales at art festivals.
There are a host of other practical reasons why "print" tents are a bad idea. For example: "Print" tents mean that committees must find additional volunteers, preferably with money-handling skills and at least a minimal
ability to handle sales. Print tents add a whole new layer of complexity to show management including arranging for delivery of (and accounting for) prints from forty or more artists in a typical 200 booth festival.
Committees must log in each item in some manner, account for it as either sold or returned to the artist and eventually handle payment to the artist.
If, for example, each participating artist had ten different
reproductions that were to be offered both framed and unframed (20
items), it would mean that for 40 painters and related mediums, a
committee might be faced with attempting to stock, log in and sell
or return a minimum of 800 individual items. If artists were
allowed to submit "backup" stock to replace any items sold, a
reasonable stock might consist of 5 of each reproduction or as
many as 4,000 items for the committee to be responsible for. Committee members staffing
a "print" tent would need to be knowledgeable about editions sizes and reproductive processes (offset litho's, giclées and such) as well as terminology. They'd also need to be able to answer questions about archival issues
such as whether a reproduction was printed on acid-free paper, whether the mats were acid-free and why that information might or might not be significant to the purchaser. Most such questions could be answered quickly and
easily by the artists who created the reproductions, but it would be impractical to ask prospective purchasers to shuttle between the "print" tent and the artist's booth to get the answers they wanted or needed and it would be a
daunting task to compile and disseminate this information to committee members/volunteers manning the "print" tent. A multitude of other questions and complexities also arise such as how to handle charge sales, exchanges,
returns, merchant fees on charge sales, shipping, damaged goods, out of stock items, etc… Volunteers and artists would need to stay longer at the end of the festival to complete return of unsold items (or forego the possibility
of sales on the last afternoon). Reproductions returned to artists at the end of the festival would need to be inspected for damage (broken glass, chipped or dented frames or unframed reproductions bent or otherwise damaged
by customers or volunteers). If artwork was damaged while in the custody of the committee, arrangements would have to be made to compensate the artist. Artists would have to decide how to assure themselves that the "print"
tent had an adequate supply of their images throughout the weekend and that their items were reasonably well displayed. On the sales side, unfortunately, no one knows or sells an artist's work like the artist him or
herself. Will a volunteer sell one artist's work that they don't relate to as well as the work of another artist that they find more appealing? Will volunteers know how to show prospective buyers how to group several
pieces from one artist if asked? Will they even have the staff or time to do so if they know how in the first place? What happens when the "print" tent runs out of a particular item? Will volunteers simply forget about
selling that item or will they have to contact the artist to leave his or her booth to bring new stock? How large will the "print" tent be? Will there be sufficient area to display the reproductions of all artists as well as
they could be displayed in their individual booths (highly unlikely!)? Finally, when shows that adopt the "print" tent concept realize how much extra staff is required to do any kind of job for artists with reproductions, how
long will it be before a % commission is imposed on those sales? And, when a fee is levied, committees will have, once again, singled out one medium for inequitable treatment by forcing artists with two-dimensional
reproductions to sell their artwork in this contrived manner and penalizing them still further for the privilege by imposing a cost penalty not applied to any other medium.
RETURN TO
MISSION STATEMENT |
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THE "COLUMBUS" RULE |
| For nearly all of the above reasons, the so called "Columbus" rule is typical of the type of rule for reproductions that should be avoided because it is unfair and singles out painters and other creators of two-dimensional
one-of-a-kind originals for restrictions on edition size, framing and browse bins that are not imposed on any other medium. |
IN SEARCH OF SOLUTIONS
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| Well written rules avoid unnecessarily restricting artists with reproductions and do not create conflicts with the rules of other festivals.
Given the many possibilities just covered, the following suggested rule is a model of simplicity and fairness. It provides for proper labeling and disclosure and assures that framed reproductions are hung only in a single,
designated area of the booth. It does not impose vague or arbitrary percentage restrictions or restrictions on the number or size of browse bins since similar restrictions are not applied to any other competing two-dimensional
mediums. The suggested rule reads as follows: |
A FAIR AND REASONABLE RULE FOR REPRODUCTIONS |
| Reproductions of
an artist's one-of-a-kind original paintings, pastels, drawings, collage or mixed media may be exhibited subject to the following conditions: 1. All reproductions must be signed and numbered. 2. All reproductions whether
framed or unframed, must be clearly and individually labeled "REPRODUCTION" or "LIMITED EDITION REPRODUCTION." This notice must be appear on the front of each item displayed. 3. Framed reproductions may be displayed
in browse bins and/or hung on one wall of the booth, not to exceed ten (10) linear feet. All unframed reproductions must be displayed in browse bins. 4. Unframed reproductions may
NOT
be displayed in the same browse bin with original artwork. |
CONCLUSION |
| Earning a living as an artist has never been an easy task. Part of the basic raison d'etre
for art festivals is to provide an alternative outlet for artists to display and sell their creations. In doing so, festivals promote cultural awareness in their communities and nurture artists who live in and visit those communities. In weighing the merits of any rule for reproductions, festival committees should avoid the temptation to adopt restrictive clauses that place unnecessary obstacles in the path of artists who exhibit in their festivals and should strive, instead, to adopt policies that create an environment that is conducive to their success and to the enrichment of the community. |
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RETURN TO MISSION STATEMENT |
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