James Schot Gallery Photo Studio News

FROM THE ILLUSTRATORS’ PARTNERSHIP

Backers of the Orphan Works bill are circulating their Talking Points:

“Neither the House nor the Senate drafts of the bill contain the word “registries,” [they write] but rather they require users to search non-governmental databases of copyrighted works. The purpose of any database is not meant to take the place of copyright registration, but to have a way to search for visual images. Any participation in such a database would be voluntary.”

But this doesn’t mean what it appears to say. Take it point by point:

Talking Point #1: “Neither the House nor the Senate drafts of the bill contain the word ‘registries.’ ” 

Response: Correct.  They contain the word “databases,” a synonym:

Registry: register: an official written record of names or events or transactions

http://wordnet.princeton.edu/perl/webwn 

Database: A database is a structured collection of records or data 

http://en.wikipedia.org/wiki/Database

Q: Why a synonym? 

A: Because international copyright law forbids member countries to impose registries as a condition of protecting copyrights: Berne/Article 5(2) ”The enjoyment and the exercise of these rights shall not be subject to any formality.” http://www.law.cornell.edu/treaties/berne/5.html

In other words, if they used the word “registries” in the bills, it would be a red flag to other countries that the US is flirting with non-compliance with international treaties. 

Talking Point #2: “…rather they [the bills] require users to search non-governmental databases of copyrighted works.” 

Response: Non-governmental databases” means databases maintained in the private sector.

For users to find your work in these commercial databases, your work would first have to be in the database. 

Work not in the database would be orphaned.

Talking Point #3: “Any participation in such a database would be voluntary.”

Response: Congress cannot pass a bill making registration mandatory because that would violate Berne/Article 5(2). 

And that would state explicitly to other countries that the US no longer intends to honor its international agreements.

There are red flags all over these talking points.

Summing up: The Orphan Work bills would mandate the creation of registries by commercial interests. 

You would not be legally forced to place your work with these for-profit registries. 

But failure to do so would orphan your work.

The deceptive talking points accompanying this bill are another red flag.

— Brad Holland and Cynthia Turner, for the Board of the Illustrators’ Partnership

Take Action/ Write Congress http://capwiz.com/illustratorspartnership/home/

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Being a pro-active artist I am concerned with copyright issues, but is this a red herring?  I’ve been checking new copyright legislation, and I guess I am not seeing the fine print somewhere, but I have been unable to locate copyrights being weakened… if anything they are being strengthened from what I find.

If there is a legislative proposal change that a copyright can no longer be defended (today, you automatically are the copyright owner upon creation of your art as it stands by the 1983 law) without fee registering every piece of created art, that according to your article, will be controlled by profit orientated commercial companies, please tell me where I can locate these specific aspects of the legislation.

If you do not reply, I will as always stay alert, but will take your alert as a red herring.
Sincerely, James Schot

Brad Holland,
I read your piece.  Could you clarify where in the proposed change in the copyright law does it spell out all creative artistic works will be required to be registered if this passes…and that private registrant companies will be set up to allow them to be in control of all this through fees.

I do not doubt this is the works, but this specific information would help when I get the word out to my large circle of artists in underscoring how dangerous this all would be to artists and the arts.  Bills are so long and complex, I’m sure with an underlying intention to confuse, bury details, and leave profitable legal vagaries.  In perusing the bill I easily notice there are many legal topics on proving infringements, but did not see the specifics I am here inquiring about.

Appreciate your reply

Visually yours, James

James Schot Gallery and Photography Studio
2800 N. Federal Highway, Suite A
Ft. Lauderdale, Florida 33306
james@jamesschotgallerystudio.com
954-564-1112
www.jamesschotgallerystudio.com

Hours: T-W-T 12am-7:30pm
F 12am-10pm
S 12am-6pm
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We’ve all heard about keeping it simple.  The simple fact is, for a true artist to promote their art means promoting all art and supporting all art galleries. 

Don’t expect a hamburger stand to promote art – your art.  Galleries are diminishing in number, while hamburger stands are on the rise, and that’s a fact.

If the “artists” out there would like to see the James Schot Gallery and Photo Studio become Hamburger Haven, well, keep doing what many artists are doing.

And what is that?  I’m amazed (should I be) at how many artists come through my door to promote their art work and bee line straight for me without glancing at any of the fine art being exhibited.  I get all the strokes about how wonderful the place is (which is true), and how they know people, and how they’ll promote the gallery (if I show them), and on and on and on.

I am puzzled.  I’m aware of several artists groups and not aware of one member who ventured to stop in.  My gallery’s niche is photography.  How many people have told me in passing how they “love” photography, but they never visit this venue.  Similar are the experiences with photo clubs, schools and institutions, (and cultural organizations under banners of supporting the arts) with people representing or involved with them - not supporting a broader vision of the art community.  

The fact is, or should I say, from my point of view as a gallery owner, I find that many artists seem to only like and look at their work, and their allegiances and interest last as long as they exhibit, after which they are long gone.

Naturally, we all are busy and have our own concerns, but the fact is we in the art world will never engage the interest of the general public in art, if we can’t get past our own self-indulgence.  We can pass it off as “that’s the way it is”, but then we should not expect much to change.  We need to give and devote a healthy part of our time and efforts to promoting all art, all artists, and the galleries that provide real-live venues for showing your art …and these, again, are the facts.

You might retort that “a” gallery does not show your art.  So..?  I see the work of artists in galleries that do not show my work or use any of the services I can provide.  It is about supporting the overall art scene of an area that will in turn engage the general public.  We, in the “arts”, have to create and establish the art scene for them!

You might retort that you just sell your work on the Internet.  In talking to an artist at an Opening last evening, he commented to me that the Internet is like a business or calling card.  He’s right, that’s about it.  His magical oil based photo realistic work (Ken Orton) and the fabulous acrylic pieces exhibited (by Carlos Cesar Alves) will never begin to translate their impact over the Internet. 

This is why, to exhibit the physical works of art, galleries are essential.  This is why in Fort Lauderdale we have started the Essential Gallery Network.  Art in principle has great value in adding to the fullness of living.  Validating our sincere understanding and promoting believe in this principle begins with the artists.

I know galleries today that are on the brink of closing their doors.  I can fail to maintain my presence in the future.  Should that happen I will not feel the failure will simply be mine alone.  The fact is, it would be a failure for the entire local art scene and all artists, as there will only be another Hamburger Haven to go to.

Making it in “Visual Arts” is a difficult endeavor and we in the arts need to hang together….. said with a little humor at the end.  

 
Postscript:
Immediately after writing this and sending it to a few friends and associates I received two responses.

One came from Tim Stockman, one of the more successful gallery owners in Ft. Lauderdale, wrote he agreed with every word, except for one he felt was misspelled.

Another came from Marilyn Cole and Keith Knight, a wonderful couple and both independently exceptional artists.  They felt this piece was passionate, seemingly having some anger - initially, but ending with two positive closing paragraphs.

I replied no, no anger.  I have been reading a book suggested by Keith titled Einstein’s Dreams by Alan Lightman.  In one of the dreams there is line Philosophers have argued that without a trend toward order, time would lack meaning.  This is my motive, to find order and meaning in time.

I know there is a desire to safely tip-pie-toe through life.  We do this to be politically correct, or not to make waves, or to be diplomatic and not burn bridges.  Such a path gives us ambiguity - not order.  Passion, which is defined as boundless enthusiasm, would be deprived of its true emotion by such a tip-pie-toe path.

Another of Einstein’s Dreams ends with: “And it is just the same in every hotel, in every house, in every town.  For in this world, time does pass, but little happens.  Just as little happens from year to year, little happens from month to month, day to day. If time and the passage of events are the same, then time moves barely at all. If time and events are not the same, then it is only people who barely move.  If a person holds no ambitions in this world, he suffers unknowingly.  If a person holds ambitions, he suffers knowingly, but very slowly.  Does this not mean that time is short, even shorter than we imagine or the clock indicates, making it more difficult to have time equal to meaning. And from within me a voice speaks to me, much like, if not the same voice that has inspired and challenged me to creativity; it tells, sometime yells to me - give meaning to time!   

Preface:  This article was written and re-written by me several times since the mid nineteen-nineties.  It was sometime in 1993 on vacation in South Florida when I met with an architect.  My family told me of his deep interest and devotion to photography, and so I went to see him to show him my fine art photography.

It was not a warm meeting and it was followed by a ridiculing letter about my work from him.  It stated how true art photography was the photography by Strand and Steiglitz (not sure if Adams, Weston and other were mentioned).  Their work was ’straight’, and I guess mine was crooked.  I can’t remember this persons name, but obviously he had a very limited or narrow minded view of traditional photography and this was my response to him……………………………………………………….

In August of 1997 I published a book of twenty seven creative photographs with complimentary stories titled “Illusions of Martha’s Vineyard.”  It was truly an act of love, taking nine long years to complete and compile into one volume.  Bound cover to cover, the completed work became an artistic product, reflecting my own trademark style of photographic skills. 

With product in hand, my next great challenge was marketing.  Marketing photography is particularly difficult, due in part to how the art of photography is perceived and defined.  A strong market exists for celebrity photographs, historical “antique” photographs, and photographs created by pioneers in the field, and little else.  The market for photographic art is, and has been for years, quite soft.  It is easy to understand how this evolved.

For decades after its advent, photography remained a curiosity with many practical encumbrances.  By the turn of the century, advances of the Industrial Revolution in physics, chemistry, electronics, mathematics, removed many encumbrances or “handicaps” in the photographic process.  This contributed to a new movement called “straight” photography.  As the name implies, the movement believed in the role of straightforward un-manipulated photographs.  Now just about anything was a suitable subject.  Within these subjects, however subtle or blatantly obvious, would lurk photographers’ private meanings or “equivalents” of feelings.  And the way of looking at a subject, its interpretation, is what they believe is the true nature of photographic art.  This view, most notably American, has been a long-running assumption ever since, and has not yet run it course.

As a result of this evolution, there’s simply too much “straight” photography.  The hegemony under the banner of “straight” photography is burying the world in a broad catalogue of reproductions, while allowing a narrow view of creativity.  It is stifling the growth of photography by limiting its potential as an art form. 

Bastions of this view are institutions such as: “The International Center for Photography” and “Aperture,” the not-for-profit organization promoting fine art photography.  These organizations suggest they represent, respectively, the international and universal view of what is photographic art, while in reality promoting the limited view of “straight” photographic art.

Imagine underlings and fans of Rembrandt dictating Realism as only acceptable serious artistic style, forever.  Limiting views hold back artistic growth.  Fortunately the Impressionist, Cubists, and Pointillists were able to popularize their artistic styles.  Their talents, today, are considered creative, artistic, and beautiful.  Ralph Waldo Emerson said, “It is true that the discerning intellect of the world is always much in advance of the creative, so that always there are many competent judges of the best book, and few writers of the best books.”  Perhaps the same is true for the multitude of judges of photographic art.  They have no hallowing presence, but an exaggerated faculty.

Fact is few people can write a novel, and few with paint, brush and canvas can paint the human form.  But under the banner of “straight” photography anyone can produce what can be considered a work of art (as these things are viewed subjectively).  Adding confusion today is automated technology, which has diminished the average person’s general understanding of the creative intricacies of traditional photographic art.

The method of “straight” photography can be viewed as reproducing reality with a camera; something illuminated by light, ready to be exposed.  Photographs with shock value and documentaries, often stoic and staged, are popular subjects, as are pictures of and by celebrities. Other themes are regional scenic and abstract images (old bikes against chipped paint walls), duplicated and copied around the world and popular only by familiarity and transparent beauty. With anthropocentric mind, these “straight” photographs are often translated by words to be inspirational, expressive of emotion, and revealing true knowledge, by explaining light, shape, or the timing being just so.  They are inclusively illusions from the warehouse of individual consciousness, evolving out of the mind, having no self nature.  However intellectual and impressive they may sound, most interpretations are at best inventive and arbitrary, and simply provide a subjective validation.   With a few exceptions, however clever the critical spin, most “straight” photographs are not that engaging, and their interpretation rarely translates them into a meaningful, imaginative or uniquely creative work of art.  Joseph Joubert said, “The ordinary true, or purely real, cannot be the object of the arts.  Illusion on a ground of truth that is the secret of fine arts.”

My “Illusions Of Martha’s Vineyard” are not “straight” photographs, but more like flights of fancy based on a ground of truth.  Martha’s Vineyard provides the ground.  Victor Hugo once said, “Nature, like a kind and smiling mother, lends herself to our dreams and cherishes our fancies.  And Ann, the quintessential model can best be described; “A true work of art is but a shadow of divine perfection,” Michelangelo.  Ann represents the human form; the physical analogous of a woman to create the imaginative consciousness of beauty, and symbol of health.  Creatively combining human form with harmonious settings of Martha’s Vineyard in enchanting scenes of shapes, colors, textures, aesthetically choreographed with balance, perspective and proportion is the “illusion.”

The hegemony of “straight” photography finds fault with my aesthetic choreography.  It is manipulative.  They scorn that “left” brain and loathe the technical aspect of photography.  “Straight” photography can only be defined as strictly ego driven, with the assumption in their view that interpretation, private meanings, or equivalents, satisfy all photographic possibilities.  I feel strongly it does not.  Imagine painters minimizing the importance of canvas fabric, brush construction and size, the mixing of paints, application of varnishes, and use of technique.  Are fine art photographs only made by exposure and interpretation? 

Examine the wonderful photograph of a ‘decisive moment’ such as “Place de l’Europe” by Henri Cartier-Bresson.  I think the blurred movement of the man jumping over a puddle is the engaging quality of this artful image.  Was this the result of an overcast day and low sensitivity film, or a photographer lowering the shutter speed to create the blurred movement, i.e., was it luck­, or a brilliant deduction and intelligent adjustment based on the science of photography for a creative effect?

I do not have the answer.  I do know adjusting the shutter is one of many mechanical/scientific facets of photography.  However minimal this “manipulation” may be, it is still one of many technical aspects that make photography what it is.  Since its birth, traditional photography has grown through physics, mathematics, chemistry, and electronics.  This has resulted in a corresponding growth of creative possibilities, some not yet imagined, that can not be dismissed.  Again, photography is a product of the Industrial Revolution, and its science is part of what makes photography a unique art form.  Yet many disdain this aspect of photography.  Can it be that incomplete knowledge clings to narrow views?  Some have an intellect not inclined grasp this aspect of photography, and a few are simply too lazy to apply themselves.

Irrespective of interpretations, I can’t dismiss the creative process of exploring and experimenting with photography, and (by definition) painting (vignettes) with light.  “Science discovers; art creates,” John Opie.  Scientific discoveries are always part of the creative process in making photographic art.  Each piece of film is a blank canvas. The photographic artist can paint it with light, using however many or few scientific variables as necessary to complete the process.  This diminishes the full weight of a subjective judgment or evaluation to validate artistic value, and expands its full creative potential and interest derived from effort, perseverance, and knowledge of the medium.  Not only is it essential and part of the process, I consider it the joy of photography.  Exploring with photographic “painting” techniques to express an idea, visualize a fantasy, or otherwise create photographic art is an important form of its artistic expression.   

Today, the growing domination of the digital electronic age, makes it especially important to embrace all artistic forms of pure photography.  New methods are eliminating the need of traditional photography for commercial purposes and the amateur hobbyists.  What may, or then again, may not be more troublesome for the hegemony for “straight” photography, is the completely obscuring effect that new imaging devices, with dynamic duality, will have on this  method of photographic art.  Soon, any frame from any digitally captured video can become “straight” photographic art.  It will be interesting to see how these moments among infinite moments will be interpreted to have their private meanings or equivalents.  What should all these new digitally manipulated, computer generated images be called?

There are many “straight” photographers I admire; Strand, Capa, and Adams are among them.  My views are not directed to minimize their great talent.  I understand the artistic value of “straight pure” photography, and have my own creative examples of this photographic method. What is of concern me is this prevailing notion, dominant for nearly 100 years, that this is all there is.  There is an equal place for all forms of creative photographic expression.  I hope someday soon all organizations who purport to represent and love photography will grow to embrace all its artistic possibilities. 

 Article by James Schot pre 2000, Photographer/Author of the book “ILLUSIONS OF MARTHA’S VINEYARD,” now part of the photographic art library collection of the VICTORIA & ALBERT MUSEUM in London.  You can contact JAMES SCHOT at  2800 N. Federal Highway, Ft. Lauderdale, FL. 33306 + 954-564-1112 + james@bestschot.com

It has been suggested many times to me there is an unappreciative public for the arts (and thereby the artist) in the Fort Lauderdale area, but is it a fair assessment?  I enjoy reading, especially about art and photography, and any history of art makes it clear this condition is not unique to this area or this time.  Most of the artists we now enthusiastically call Masters…Cezanne, Van Gogh, Klimpt, the list is too long …were unappreciated, vehemently criticized, or even worse ignored in their time.

It was then as it is today.  In the eighteenth and nineteenth century the Academy’s were secure in the lessons of the past, the critics of the media could not fail in hailing the status quo, and any politically based government support was largely self indulgent.  So what really has changed?  Not much.

Artists, especially the great ones, are the innovators that spear head changes in the direction of art.  It is true as they say the cream rises to the top, and this rise is a process that often takes a lifetime or more.   This can be felt or deemed to be unfortunate, but it’s true, for some it will be death’s consolations prize.

Recognition, fame and fortune, does it really matter to an artist?  Of course, it would be nice and possibly make things easier, not necessarily creatively.  For me creativity has been a gut wrenching urge, sometimes painful, on the inside.  Again, speaking for myself, it really has nothing to do with anything else.     

Welcome to James Schot Gallery Photo Studio Blog!

I don’t know about you, but getting started on this blog has not been easy. The word “blog” is not to be found in my old dictionary. It’s something new. I’m free to make it as I want.

I know what I don’t want. I don’t want a blog synonymous with blah, or trite, boring, and politically correct.

I wouldn’t like this blog to be a blooper. which would primarily be the result if it’s filled with information that is factually untrue.

Nor should it become a manifesto filled with poison. This all adds up to negativity, negativity, and more negativity. Something to avoid and not to believe in.

What I want from my blog, and blogs are very personal entities to each blogger, is a communicating medium for interesting and invigorating debate and information sharing about the gallery scene, the arts, and specifically all aspects of photography. Any contribution I can make come from both the mind and the heart.

The idea is to keep it positive. It’s a fine line to keep in mind. As Jack said “some can’t handle the truth.” Or as a line from a Bob Zimmerman song has it “if my true thoughts could be seen, they’d probably put my head in a guillotine”. And we’re all not to be perceived as whining. With all things in life nothing and no one is perfect, and I’ll play by the odds to stay above the fray to seek wisdom, truth, and beauty…all things positive. Oh, and let’s not forget to keep a sense of humor.

ShermansTravel.com rated Fort Lauderdale the 2nd most underrated city stating the obvious facts about beautiful beaches, golf, new chic beach side promenade, and many fine restaurants.

What was especially wonderful to see in print was their mention of a surprisingly sophisticated museum and gallery scene.

So come on you sophisticated art lovers from around the world we are here ready for you.  You are all invited.  Look for EGN brochures… that’s the Essential Gallery Network to find all the areas fine Galleries and Museums.

2. F

The Gallery is a place for balance, a place to contemplate one’s own thoughts and emotions, while feasting your eyes on any of the wonderful fine art photographs exhibited; Positive energy - Do Not Disturb.

To better insure that this is how the atmosphere will remain, I ask that current politics and religion not be discussed. I say “current” knowing that art certainly, in retrospect, has been influenced and inspired by political and religious events, and had the patronage of political and religious figures in the past.

Many times there seems to be an inkling by one person to know another person’s view on these subjects. My views are simple, history shows politics to be a continuum of self fulfilling prophecies and religion to be intoxicating. The derivatives of hope and faith are glorious.

“I still work on the principle ‘the customer is always right’ and do my up most to treat everyone with respect and appreciation for their business”, James. Admittedly there are times when following this principle is difficult, but civility and professionalism are essential business skills.

“Not a problem”….. was the response today to my inquiry for hiring an aircraft company for an aerial shoot. What kind of response is that? What has happened to ‘thank you for calling” ….”I would appreciate your business”?

Come to think of it the first company I left a message for never even called back.

Presently in March 2008, we are concerned about the economy and a possible recession or worse. Responses like “not a problem” is part of what will make a recession or worse possible. This is just shows a lack of education in etiquette. It can get far worse with people not knowing their products or caring to help you. In many places ’service’ today is awful. If Managers only knew how many stores I simply avoid now, because of terrible service.

James Schot Gallery and Photo Studio understands that service is part of the overall quality of the Fine Art Photography that is offered through the gallery and photo studio.

The James Schot Gallery is a showcase for Fine Art Photography by exceptional photographers working in South Florida and from around the world. It is designed as contemporary, like photographic art in the span of art history. It is designed to flow, give the right light, and have an atmosphere to enhance its exhibits. In other words, visually and structurally, viewed as a physical space it is a prodigious place for Fine Art Photography.

You could almost believe if you build it they will come.

Building this home for photography is only a phase. There is so much to be done to spread the word on this venue for the art of photography and its photographic artist. I look for and hope for support in putting photography in the limelight in front collectors, critics, artists, students, the community and lovers of photography.

Success is hardly an exclusive personal triumph or a financial windfall. It will mean success for the community, for lovers of art, and especially for artists. Having it gives us all a showcase for Fine Art Photography. Without it artists have one less place to show and lovers will have one less place to go….. and in this case a very special place.