I don’t mean to whine, really I don’t, but this is becoming a frustrating trend.  We give lots of advance notice of these calls – they are every other month – and we tweet, and Facebook, and add reminders to the newsletter.  “What do you want to know?”  Yes, we get some questions – but I have to say I’m beginning to get as many in the day or two before the call as we get for the whole call.  And that’s too late!  We need time to review our question options, prepare good answers, etc. etc.

SO… PLEASE submit your questions by the deadline so I don’t want to pull my hair out, OK?

The next call is on Wednesday, May 30th – 5:30 pm Pacific / 8:30 pm Eastern and everything in between.  Paul Brent will be doing his third annual SURTEX Show Recap / Trend Report AND answering some questions… (that’s where you come in…)

Head to www.AskPaulBrent.com and give us some great options – the whole community will be the better for it.

Here’s to your creative success -

– Tara Reed

From the SURTEX website – here are the details:

What is it? It’s a unique theatre where you can gain insight and inspiration from world-renowned trend forecasting companies! Daily presentations will focus on the latest trends impacting industries as diverse as home and accessories, textiles, tabletop, fashion, paper, stationery, packaging and gifts, through fabulous imagery and insider commentary.

When? Thirty-minute presentations are scheduled throughout every single Show day – starting at 9:30am and ending at 5:30 (Tuesday sessions will end at 4:00pm). See schedule.

Who? A total of nine companies will be represented, and share their perspectives of what’s ahead in color, design, styles, attitudes and lifestyles. See and hear the visions of Edelkoort, Inc., Trendease International, Milou Ket, Stylesight, Trend House, Inc., Carlin International, LA Colors from Amsterdam, Mudpie, and Jo-An Jenkin’s TrendPulse.

So, if you will be at the show, be sure to check it out.

Won’t be attending or want more about trends after SURTEX?

Paul Brent will be doing his third annual SURTEX Show Recap / trend report on the Art Licensing Info Ask Call on Wednesday, May 30th. Get all the details and submit your questions at www.AskPaulBrent.com

Here’s to your creative success!

– Tara Reed

As we think about Thomas Kinkade and his recent passing it gives all of artists who license our work a moment to think about his career and what we have learned and can learn from it.  One is that we are all mortal yet our legacy can live on after us. Thomas Kinkade had become, in addition to the “Painter of Light” and the “Most collected artist in the world”, the highest grossing artist in art licensing. He also managed to straddle that line between decorative art and fine art.  Where most artists fall either into one or the other, Kinkade put his recognizable images of cottages and backlit landscapes on just about every imaginable product and was a major hit in  “collectables” when others brands and collectables as a category tanked in the 1990’s.  Other categories he excelled in were decorative home accessories, gift and stationery. His licensing made it to the level of housing design and set new standards for multiple categories. And while his art was panned unanimously by art critics who called it everything from kitsch to lurid his loyal fans remained true in their love for his work. Though he was also criticized for his numerous limited editions that were not so limited, some up to 250,000 prints in one edition, his work remained an affordable piece of art for many who admired his work.  Originals on his website are selling for $17,000 to $75,000, still quite modest compared to other well known fine artists.  His art as well as his reputation will be with us for a long time and the potential for other artists to assume his mantle in art licensing has yet to play out.

The story of his stellar rise is always accompanied by references to investors and marketers who created the entity Media Arts Group , Inc. headed by chairman Kenneth Raasch.  As licensing artists we can all use the help of experts in marketing but the excesses of Media Arts’ claims and even Kinkade’s involvement in the marketing scheme ,where he eagerly carried out the painting assignments and self aggrandizement, went way over the standards set by other artists in the past.   Raasch quite cynically commented in annual reports how the company targeted conservative Christians by Kinkade embedding Christian symbols in his work and naming paintings after Bible verses.  It has also been pointed out by critics that this demographic is not generally educated in art collection and was ripe pickings for high pressure sales techniques.  Media Arts traded on the NY Stock exchange for several years until its final bankruptcy and Kinkade’s eventual buy back of the company. Kinkade’s company was investigated by the FBI, sued for millions of dollars by franchise gallery owners with one settlement totaling $2.8 million.

Many of the artists in licensing can live their brand in relatively anonymity yet with the celebrity Thomas Kinkade sought and attained his life attracted the scrutiny of the press and the public began to see the inconsistencies between his art and his life in his later years. While Thomas Kinkade will always be remembered for his ability to build a brand in art he is another example of a celebrity who set his standards for himself and his brand too high for his own ability. His attachment of his art to Christian ideals did not, in the end, allow his personal life the latitude for error. Much like Tiger Woods, Kinkade could ultimately not live up to the ideals he portrayed to the public.

For artists, society actually gives you quite a bit of leeway for personal behavior. Non-standard, even aberrant, behavior is tolerated and even expected from artists, think Andy Warhol, Salvador Dali and Picasso. Kinkade set himself up to fail both as an artist by proclaiming himself “Greatest, Best, Most Collected”, and as a human, “Christian, Family Man”. But, as they say, America like a rags to riches story, but loves a riches to rags story better and redemption to riches again even better. Kinkade should have only lived long enough to redeem himself. I do believe he was a talented artist but a bit of humility could have helped his reputation and his personal life. As my son Anders, the Greek scholar, would say, the Greeks have explained all of this and you only need to read the Classics to guide your life. Will Thomas Kinkade and his art be vindicated as was Norman Rockwell or will his art be like the Beanie Baby craze, to be remembered as a brief lived consumer phenomenon on sale at bargain prices on e-bay? Only the future holds the answer to that question.

As a closing comment, as a licensing artist we each must decide for ourselves where to draw the line with marketing claims and attention grabbing events.  We need to remember that in pushing the limits this can either gain us recognition or spell doom to our financial welfare and legacy.  Thomas Kinkade pushed the limits and now the rest is history.

If you want to learn more about how to Brand Yourself for Success in Art Licensing, be sure to check out Paul’s teleseminar replay.

It is full of usable information to help you evaluate, plan and manage your art brand. We so want you to consider this information for your business that we are offering it for a discounted price of $47 thru May 1st – simply use code BRAND when you checkout to get your discount.

Here’s to your creative – and well branded – success!

– Tara Reed

What we covered on the call…

• Did you have a substantial body of work already created and ready to go before you started trying to license your work or did you create designs as you went along?

• If I sign a exclusive deal with a greeting card company for my photographs can I sell the same image to another company for a different product?

• Besides the general questions how about some of the nitty-gritty, like besides the art image, what other information do you include in your portfolio?

• Being self employed and/or working from home how do you separate work from home? How do you get things accomplished without a boss to answer to?

• Is it ever ”too early” to go after the ”big whale”? Should relatively unknown artists go after the bigger brands?

• How can a new artist best take advantage of walking a trade show like Surtex, when they are not an exhibitor?

• Is it necessary to go to the trade shows to get started, or is contacting licensees on your own a viable way of working?

• Where do you get contracts from when you are starting and how/when are changes made, if any?

• I am not interested in licensing my designs to products that will be produced in China. This is a big moral dilemma for me.  How much will I be ”shooting myself in the foot” if I stay true to that?

Remember – the replay is on sale for $20 thru Saturday, March 31st so grab your copy at the discounted price now!

Resources we mentioned on the call…

I recommended a book – Strengths Finder 2.0 – more about it on the blog next week.  Click here* if you want to check it out now… http://amzn.to/GGtDuN

Maria mentioned a blog post she wrote, Our Biggest Mistake Ever – As an Artist, and why she doesn’t think it’s the best idea for artists to become manufacturers. Read it here >> http://mariabrophy.com/business-of-art/our-biggest-mistake-ever-as-an-artist.html

We also talked a lot about contracts and mentioned the eBook Maria & I co-authored – How to Understand Art Licensing Contracts.  We are both very proud of this book and have received great feedback – check it out >> ArtLicensingInfo.com/contracts.html

What’s Up Next…

The next call is with Paul Brent on Wednesday, May 30, 2012 and will be his third SURTEX Recap and question call.  He does an amazing job summing up his impressions of the show, the industry and trends the week after the SURTEX show – be sure to join us!  He will also answer some questions so submit them at www.AskPaulBrent.com when you are ready!

It seems everywhere I turn I’m seeing pins and pinterest and look what I just put on Pinterest and here’s how to use pinterest…

My niece told me about it months ago, I looked at it briefly and decided I was too busy to go down that rabbit hole.  I still haven’t joined personally but I’m getting very confused, a little concerned, and want to see what everyone thinks.  So here goes…

First – Paul Brent emailed me and asked if I’ve jumped on the Pinterest bandwagon. (Not in those words but that was the jist…)  Answer – “No, I’m busy fighting a sinus infection and packing to move, should I check it out?” Yes is his reply.

Then I read a blog post by John R Math about how Pinterest can be a great way for artists to market their art - I’m definitely seeing lots of artists sharing inspiration with all the “I just pinned this or that” posts on Facebook.

Two days later, someone on Twitter sends me to this article -How You Could Get Sued For Using Pinterest.  Well that’s a little disconcerting, so I go to the terms of use and find this:

Member Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site, Application or Services, you hereby grant to Cold Brew Labs a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Application or Services. Cold Brew Labs does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

There sure seem to be a lot of things granted by choosing to use the website… and what if the “application” and/or “services” expand beyond what they are now?  I put the grant section in bold.

I like that they are very specific about not claiming any ownership rights so there is no confusion about copyright issues… or are there?

Attorney Kyle-Beth Hilfer (who recently did an Ask Call with us) wrote a post – Pinterest’s Predicament: Legal Issues Prevent Social Media Maturity

More artists are weighing in on pinterest on their blogs -

• Here is what Lori McNee has to say about How to Use Pinterest and Still Respect Copyrights
• Alyson Stanfield, the Art Biz Coach, talks about How Artists Can Harness the Power of Pinterest

SO are my concerns valid or similar to the uproar about Facebook’s usage rights to pictures and images that was hot and heavy a while back?  Anyone else wondering?  More informed?  Let’s discuss.  Would love your perspectives in the comments.

Here’s to your creative success!

– Tara Reed

Is it better to have a consistent, recognizable style or can you create a variety of art and still succeed in art licensing?

I have talked with a lot of coaching clients about this decision and we’ve talked about it on Ask Calls in the past as well.  While there is no right or wrong answer, I can give you my perspective and hopefully others can chime in in the comments and create a great discussion.

Personally, I believe there are many successful artists that develop and stick with a consistent style and there are those that have a bit more variety in their portfolio – where the average person wouldn’t recognize the art was created by the same person if put side by side.  In the end, you have to decide what seems right for you, your business and your goals as an artist but my goal with this post, is to help artists consciously decide, and not decide by default (like I did.)

Option 1: Create a recognizable style to build your brand

If your goal is to create that name-recognized brand – like  Mary Engelbreit, for example, you have to develop a strong, tight and recognizable style. People have to see it and know, “Mary Engelbreit”. Mary is known for her black and white checks, cherries, cute characters and use of quotes in her work. If she started painting landscapes, it would confuse the market.  (You can see her work at www.MaryEngelbreit.com and even register for a free hour-long interview I did with Mary as part of the Art Licensing Info Monthly Ask Call Series)

Paul Brent is another great example of an artist who built his brand with consistent, recognizable art.  His coastal watercolors put his art and name on the map and are the cornerstone of his brand.  As his brand has evolved, he too has moved into other mediums and themes but creates new coastal art year in and year out, because that is what the market expects of Paul Brent.  (Learn more about Paul Brent’s work at www.PaulBrent.com or register for a free hour-long interview I did with Paul as part of the Art Licensing Info Monthly Ask Call Series at www.AskPaulBrent.com)  Paul is an advocate of artists new to the art licensing market, to create a look that is unique and makes them stand out from all the other artists in the field – hopefully he will add his insights in the comments as well.

I believe that this way of working is vital if your goal is to eventually build a strong brand that is known by consumers as well as manufacturers in the industry.

Option 2: Build your portfolio with a variety of styles

Another way to go, and the way I went by chance and not by choice, is to do a variety of themes and styles. I don’t span the entire spectrum of art from pure realism to completely abstract, but there is enough variation that not even my sister always knows my work is mine.  Some of my work that is more whimsical than others and some leans a bit more traditional.  It happened by chance – I would try things and see what manufacturers liked.  It turns out that many of my best clients like the fact that all my art isn’t obviously from the same artist, that way they can use me more than an artist who has a tighter style.

However I believe it limits my ability to become a huge, consumer recognized brand.  I enjoy the freedom to play with a variety of styles, themes and techniques and the checks cash the same so I’m happy.

I like to bring these issues up so artists can make a choice and not choose by default – as I did while “playing to see what the market liked.”  My brand is becoming known within the industry – with manufacturers – but I don’t think I will ever have a Mary Engelbreit or Paul Bretn sized brand with the general public.

So it’s up to you to decide what will make you happy and keep your creative juices flowing!

I welcome your comments and opinions on this – do you agree or have anything to add?

– Tara Reed

P.S.  If you want to learn more about branding, Paul Brent did an excellent teleseminar “Brand Yourself for Success in Art Licensing” – be sure to check out the replay.  He knows his stuff!

Here is what we covered on the call:

• We got to know more about how Paul Brent and his wife and business partner, Lana Jane, came to work together and how they work together effectively.
• What happens after you and your wife agree to disagree?
• Which came first – the highly successful artist or the staff? To build a lucrative business, how and when do you go beyond doing everything yourself?
• What signs let you know it was the right time to pay for hired help?
• If we don’t have a spouse to help us with our business, where can we go to find a reliable staff person?
• My biggest question is really how to get started.  How do I find those clients and start getting the work?
• Where do you see the future of art licensing shows such as Surtex and Licensing Show? Do you feel that the costs justify the results in the last year or two?
• What is Paul’s process for creating a collection (from deciding on a theme, gathering reference materials and creating art with final production on mind?
• As far as branding is concerned, is it better to use your own name as your logo/business name e.g. Kit Newlin Designs, or a name that describes your design style?
• What top 3 marketing tactics have been the most successful for you?
• Have you ever had a licensing deal go sour?  What are some red flags to watch for before entering into an agreement?
• When would it be wise to ask for a flat fee rather than an advance on a royalty.
• How do you adjust to losing a business partner?

ORDER YOUR MP3 REPLAY NOW…

Mark your calendar – The next Art Licensing Ask Call will be on Wednesday, January 25, 2012 with new expert Attorney Kyle-Beth Hilfer.

Kyle-Beth Hilfer has over twenty years’ experience as an intellectual property attorney, advising companies and artists on how to transform their ideas into legally protectable copyrights and trademarks. Ms. Hilfer assists in the development, use, maintenance, licensing and protection of copyrights and trademarks, and she offers strategies for exploiting intellectual property in a global marketplace.  Ms. Hilfer  is a graduate of Yale College and Harvard Law School.

Ms. Hilfer is skilled at negotiating clearly drafted and effective art licensing agreements. In addition, she represents artists  looking to establish a social media presence and manufacturers and retailers who wish to promote licensed art via social media.

As an arbitrator on the Intellectual Property panel for the American Arbitration Association, Ms. Hilfer is well versed in presiding over intellectual property disputes. She harnesses this expertise for her transactional clients and proactively anticipates potential business issues in developing intellectual property to help avoid litigation down the road.

Ms. Hilfer will be conducting a conference seminar at SURTEX, contributed to the new eBook – How to Understand Art Licensing Contracts – and is listed on the Attorneys page of this blog.

When you are ready with your legal questions, head to AskAboutArtLicensing.com and click the link for her call.  Bookmark the page so you stay up to date on the upcoming call schedule.

* NOTE * There were some issues with Paul’s voice being a bit faint and hard to hear – whenever there are multiple people on these calls the volume tends to be an issue for at least one person.  I leveled the volumes on the replay so you can hear him much better!

Here is what we covered on the call:

• We got to know more about how Paul Brent and his wife and business partner, Lana Jane, came to work together and how they work together effectively.
• What happens after you and your wife agree to disagree?
• Which came first – the highly successful artist or the staff? To build a lucrative business, how and when do you go beyond doing everything yourself?
• What signs let you know it was the right time to pay for hired help?
• If we don’t have a spouse to help us with our business, where can we go to find a reliable staff person?
• My biggest question is really how to get started.  How do I find those clients and start getting the work?
• Where do you see the future of art licensing shows such as Surtex and Licensing Show? Do you feel that the costs justify the results in the last year or two?
• What is Paul’s process for creating a collection (from deciding on a theme, gathering reference materials and creating art with final production on mind?
• As far as branding is concerned, is it better to use your own name as your logo/business name e.g. Kit Newlin Designs, or a name that describes your design style?
• What top 3 marketing tactics have been the most successful for you?
• Have you ever had a licensing deal go sour?  What are some red flags to watch for before entering into an agreement?
• When would it be wise to ask for a flat fee rather than an advance on a royalty.
• How do you adjust to losing a business partner?

The Audio Replay is now available for purchase.  Today through 11/30, the hour long mp3 is priced at a mere $20 – compare that to the price of any live class at a trade show and you will realize what a steal it is!  ORDER YOUR MP3 REPLAY NOW…

During the call Paul mentioned the Branding Teleseminar he did that is available as an audio replay.  Learn all about it at www.ArtLicensingInfo.com/branding.html

Thank you for your participation, feedback and purchase of these invaluable calls.  All of them help to entice experts to return for multiple calls and new experts to agree to participate.

Mark your calendar – The next Art Licensing Ask Call will be on Wednesday, January 25, 2012 with new expert Attorney Kyle-Beth Hilfer.

Kyle-Beth Hilfer has over twenty years’ experience as an intellectual property attorney, advising companies and artists on how to transform their ideas into legally protectable copyrights and trademarks. Ms. Hilfer assists in the development, use, maintenance, licensing and protection of copyrights and trademarks, and she offers strategies for exploiting intellectual property in a global marketplace.  Ms. Hilfer  is a graduate of Yale College and Harvard Law School.

Ms. Hilfer is skilled at negotiating clearly drafted and effective art licensing agreements. In addition, she represents artists  looking to establish a social media presence and manufacturers and retailers who wish to promote licensed art via social media.

As an arbitrator on the Intellectual Property panel for the American Arbitration Association, Ms. Hilfer is well versed in presiding over intellectual property disputes. She harnesses this expertise for her transactional clients and proactively anticipates potential business issues in developing intellectual property to help avoid litigation down the road.

Ms. Hilfer will be conducting a conference seminar at SURTEX, contributed to the new eBook – How to Understand Art Licensing Contracts – and is listed on the Attorneys page of this blog.

When you are ready with your legal questions, head to AskAboutArtLicensing.com and click the link for her call.  Bookmark the page so you stay up to date on the upcoming call schedule.

Will you be joining us?

So… if you have signed up for an Ask Call before, you should receive or have received an email reminding you of all the dial-in details. If not, head to www.AskPaulBrent.com to get signed up and get the numbers.  We start promptly at 5:30 pm Pacific / 7:30 pm Central / 8:30 pm Eastern.

We hope you can join us tomorrow!  If you can’t, the audio replay will be available for purchase – watch your email or the blog to see when it is ready.

Here’s to your creative success!

– Tara Reed

Do you worry that you won’t get a good deal because you don’t understand them?

Are you looking for a resource to turn to again and again to help you understand and become a confident contract negotiator?

Look no further!  Maria Brophy and Tara Reed have joined forces to create an artist-friendly guide to understanding art licensing contracts.

You will prepare your mind, define your goals and overcome your fears.

This eBook will help you think through who you are as an artist and what you want your art licensing business to look like. Learn to represent yourself with confidence and understand how to negotiate a win-win contract.

Learn the sections of an art licensing contract and what they mean to you.

More than 30 contract terms are defined in detail – explaining why they might be in a contract and the implications to both parties. We include actual contract language and then explain “what it means to you” by breaking it down into everyday language. You will learn to dissect the leagalese and know how each word might affect your deal.

Learn how and when to start using your own standard contract in your business.

Using manufacturer contracts when you are just starting is fine but as you grow your business, there comes a time when it is better to be in the driver’s seat and use your own standard contract. Maria discusses how and when to make the transition.

10 artists (& one who chose to remain anonymous) have shared their art licensing contract success stories and words of warning. They include (in the order they appear in the book) Khristian Howell • Marty Qatani • Jill Seale • Debbie Mumm • David Billings • Paul Brent • Drew Brophy • Gina Linn • Karen Embry • Kate McRostie

5 attorneys who work in the art licensing field also share their advice and insights in Part 8: Attorney Insights. They are Kyle-Beth Hilfer • Sarah Feingold • David Koehser • Rebecca Stroder • Tammy Browning-Smith

This book is a resource you can turn to again and again.

We have designed this book to give you an in-depth understanding of contracts as well as become a resource you turn to over time as contract questions arise. It’s well organized and easy to find just what you are looking for at a glance.

173 pages of valuable information to help increase your knowledge and build your confidence when it comes to art licensing contracts.

As always, there is a special introductory price for the eBook for the first 2 weeks.  Regularly priced at $87, you can get your copy for $72 if you act by Thursday, November 24th at midnight. (Yes, that’s Thanksgiving for all the US artists)

Want to learn even more about the book before deciding?  Head to www.ArtLicensingInfo.com/contracts.html for even more details.