by Li Gardiner

While the Internet can’t duplicate the feel of marble, the smell of turpentine or the gloss on an impasto surface, you can still be moved, amused or informed by an artist’s work or words.

Artists make things to be looked at, handled, put on a table, hung on a wall and, hopefully, sold to a happy patron. But art is as much about communication as making a product. And most of what happens on the Internet is about communication. It’s a two-way street.

Research


Visit online galleries, learn about competitions, grants, classes and studio space, and view other artists’ work and discuss their ideas and techniques. Art Library (

artlibrary.com

), for example, lists three million artists and images.

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Exposure & promotion


Artists can sell their work online, post resumes and statements, share ideas and techniques and offer consultation and art criticism.

You can develop your own website or join an online gallery. Dialogue Gallery (

dialogue-gallery.com

) in Seattle has had 100,000 visitors since 1994 and garnered a number of Web reviews and awards. It’s difficult and expensive for an individual artist to get that kind of exposure with traditional promotions.

Your website will only be visited by people who know about it, so it’s extremely important to get the word out.

List your site and trade links with as many galleries, art organizations and search engines as possible. And don’t just get lost in the big search engines, submit your site to other art-related sites — local art groups and galleries online list members and even set up Web pages for artists. National groups provide listings for a fee; also look for art-related search engines.

Getting Hits,

by Don Sellers (Peachpit Press, 1997;

peachpit.com/

) has good tips for getting your site to the top of the list, including the use of special HTML code and keywords.

For specific events, mail and email everyone you know. Artists and art organizations, like all small businesses, should keep a current mailing list. This is the most precise tool for communicating with patrons, supporters or members, because your mailing list IS your target audience. Online it’s just as important because it is immediate, keeps you and your audience directly in touch and is inexpensive.

But what about all those people who’ve never heard of you? Try traditional publicity — submit a calendar listing or press release to the Chronicle/Examiner, Art Calendar, ArtWeek, Bay Guardian and East Bay Express. Media Alliance sells a wonderful database and mailing list — called People Behind the News — that contains all the important contact information for media in the Bay Area.

Your art online


High-end photo labs and desktop publishing service bureaus offer scanning services. To save download time for visitors, use thumbnails that link to full-size images.

Art on the Internet will have a more limited palette and less detail than the originals. However, your digital images can still be vibrant and complex enough to intrigue potential buyers and gallery owners.

ArtQuest, a website that lists artists and their works, reports over 1000 visitors a day and is generating sales, though they admit that it is difficult to determine exactly how much work is sold, since the artists handle the sales themselves. ARTwork in San Francisco posted only 23 images by member artists one month, but sold two pieces online.

Online galleries might also handle sales and publicity. Check out the gallery first. Find out how many visitors they have, whether they sell work frequently and what their commission is.

Do not send the work without receiving a contract and payment. If an online gallery accepts your work, they will design the Web pages. Some art organizations, like ArtistResource.org or Art.net will build online portfolios for artists in exchange for volunteer labor or membership dues. Art Listings (

artlistings.com/artlistings/

) will post two images at no charge.

Internet theft?


If your full-frame images are large and detailed they can be copied off the Internet, re-sharpened and printed without your knowledge. The general public may unwittingly purchase a “bootleg” copy of your work printed on a placemat.

If you are concerned about intellectual property or copyrights consider registering your work with an online service, like IRAA (

iraa.artcalendar.com/

), or look for shareware that allows you to watermark your online images.

by Li Gardiner and Josh Wilson

Copyright is provided by the laws of the United States to the authors of “original works of authorship,” including pictorial, graphic and sculptural works. The owner of copyright has the exclusive right to make copies, prepare derivative works, sell or distribute copies and display the work publicly.

		If the work carries a proper notice, the court will not allow a defendant to claim innocent infringement.

Copyright protection is automatic


Under the present copyright law, which became effective January 1, 1978, a work is automatically protected by copyright when it is created. Neither registration in the Copyright Office nor publication is required to secure copyright under the present law.

Advantages of registration


Though copyright protection is automatic, there are advantages to registration, including the public record of your copyright claim. Copyright registration must generally be made before an infringement suit may be brought.

A Visual Arts Copyright protects original “pictorial, graphic and sculptural works,” including two dimensional and three dimensional works of fine, graphic and applied art — from advertisements, labels, floral arrangements, toys and holograms to needlework, reproductions, stained glass, blueprints and much more.

Registration procedures


If you choose to register a claim in your work, package together the following materials in the same envelope:

1. A properly completed application;

2. A nonreturnable deposit of the work to be registered; and

3. A nonrefundable filing fee of $20 in the form of a check or money order, payable to the Register of Copyrights with each application.

Send the items to:

Register of Copyrights

Copyright Office

Library of Congress

Washington, D.C. 20559-6000

Notice of copyright


Use of the copyright notice is recommended because it informs the public that the work is protected by copyright, identifies the copyright owner and shows the year of first publication. Furthermore, in the event that a work is infringed, if the work carries a proper notice, the court will not allow a defendant to claim “innocent infringement” — that is, that he or she did not realize that the work is protected. A successful innocent infringement claim may result in a reduction in damages that the copyright owner would otherwise receive.

A proper copyright notice for works of the visual arts consists of the following three elements:

1. The symbol (c) (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”;

2. The year of first publication of the work; and

3. The name of the copyright owner, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.

Example: (c) 1995 Joan Jones

The notice should be permanently attached to the copies, legible to the ordinary user and placed in such manner and location that it gives reasonable notice of the claim to copyright. It must not be concealed from view upon reasonable examination.

Moral rights for visual artists


For certain one-of-a-kind visual art and numbered limited editions of 200 or fewer copies, authors are accorded rights of attribution and integrity.

The right of attribution ensures that artists are correctly identified with the works of art they create and that they are not identified with works created by others.

The right of integrity allows artists to protect their works against modifications and destructions that are prejudicial to the artists’ honor or reputation.

These rights may not be transferred by the author, but they may be waived. Transfer of the physical copy of a work of visual art or of the copyright does not affect the moral rights accorded to the author. For works of visual art incorporated in a building, special rules apply. If the owner of a building desires to remove such a work from the building and removal is possible without destruction, the owner is required to accord the author the opportunity to make the removal himself.

For more information


To request applications, circulars and other publications, call the Forms and Publications Hotline 24 hours a day, (202) 707-9100, and leave a recorded message, or write:

Publications Section, LM-455 Copyright Office

Library of Congress

Washington, D.C. 20559-6000

To speak with an information specialist or to request further information, call (202) 707-3000 (TTY) or (202) 707-6737 between 8:30am and 5:00pm, Eastern Time, Monday to Friday, except federal holidays.

Copyright information also is available through the World Wide Web at

.

by Josh Wilson

In a city full of cell phones, SUVs, IPOs and venture capital, the nonprofit model is an intriguing alternative to business as usual.

Nonprofit status relieves some of the commercial stresses of the art biz, and allows — in fact, requires — galleries, collaborative workspaces and art service organizations to frame their efforts in the context of community service.

Advantages


Like any business, a nonprofit gallery or art service organization will need to generate revenue and publicize its efforts. A nonprofit can retail goods and independent artists get commissions on the work they sell.

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The difference is that a nonprofit is exempt from state and federal corporate income tax, and enjoys other tax exemptions and benefits. Nonprofit status also deflects some liability away from the founders, board members and staff.

The process of becoming a nonprofit is exhausting and lengthy. There are lots of legal hoops to jump through and oceans of paperwork to fill out. But once these obstacles are overcome your project will have lasting, solid legal status plus a clear vision and purpose. That’s the foundation of a thriving community-based art scene and economy in San Francisco.

Restrictions


A nonprofit must dedicate itself to public benefit or educational ends. It cannot endorse a candidate for public office or an initiative or piece of legislation and it cannot offer stock or dividends to boardmembers, staffers and investors. If the nonprofit dissolves, its assets must go to other public groups, not to individuals.

Getting nonprofit status


The first step is to incorporate your project as a nonprofit with the secretary of state of California. This defines the legal entity and establishes a specific mission and vision. The second is to apply for tax exempt status with the IRS as a 501(c)(3) organization.

If you do it yourself, be prepared for a lot of study and reading. Paying for a lawyer gets quicker results, but will most likely cost a fair amount of money — maybe even several thousand dollars.

If you lack the funds to pay for a lawyer, you may be able to get free legal aid through the Bar Association of San Francisco’s Volunteer Legal Service Program, California Lawyers for the Arts, or through your own tenacious solicitation of individual jurists.

Regardless of your choice, you will want to read How to Form a Nonprofit Corporation in California, by Anthony Mancuso (Nolo Press, 1999;

nolopress.com

). It’s about as clear an explanation as you will find of the intricate and arcane legal process of establishing nonprofit educational/public benefit groups, religious organizations and charitable foundations. All the forms are included. Now all you need is to be extremely patient and resourceful.

Ways & means


Draw up a mission statement, collect a board of directors — odd numbers only, at least five and it helps if they are like-minded — along with an employer ID number and a set of bylaws. Use the sample bylaws that come with the Nolo Press book.

Your boardmembers should be people you trust and work well with, and who can contribute professional skills, volunteer energy and networking.

It’s also a good idea to have a business plan. You don’t need to throw down dollars on fancy software or consultants to get one. Visit the website listed at the end of this article to find a good outline — cut and paste it into your word processor, then replace the generic headings with a few sentences or paragraphs of specific information about your project. Try to be as clear as possible. Use mission-positive rhetoric and plug your concept, but don’t make it too dense. Provide specific examples. Always, always proofread your documents, or get someone to do it for you.

You’ll need a budget. You are a cultural and social entrepreneur, after all. Draw it up to include expenses and revenues. If you don’t have any money, include fantasy items you are going to fundraise for, as well as projected income.

Work towards it


Donations made to a project that has not yet gotten 501(c)(3) status are retroactively tax-deductible once that status is achieved. Remember that in addition to all that paperwork you also actually have to build your project. Start your newsletter or website. Put a gallery in your garage, offer classes on weekends, start a program that gets your artist pals into classrooms doing presentations, or that hooks up disadvantaged kids with working artists who need studio assistants.

Fundraise. Schmooze it up. Brainstorm. Create a press list and send out publicity mailings. Get volunteers. Lead by example. Have a benefit concert or auction. Build something that will satisfy a need in the community and acquire a life of its own.

NONPROFIT RESOURCES

Sample business plan (adapt for nonprofits):


Small Business Administration

http://www.sbaonline.sba.gov/starting/getting.html#bplan

Operations & service:


Compass Point Nonprofit Services (SF)

http://www.compasspoint.org/

New Nonprofit Nexus

Jennifer@art.net

Lawyer referral and advice:


Bar Association of San Francisco

http://www.sfbar.org/vls/free.html

(415) 989-1616

California Lawyers for the Arts

http://www.calawyersforthearts.org/

(415) 775-7200

Business resources:


Nonprofit incorporation:

Secretary of State, CA

http://www.ss.ca.gov/business/corp/corp_artsnpinf.htm

Employer ID:

Internal Revenue Service

http://www.irs.ustreas.gov/prod/bus_info/pub1635.html

City of San Francisco

http://www.ci.sf.ca.us/tax/busstart.htm

Grants:


craigslist

http://www.craigslist.org/forum.html

National Endowment for the Arts

http://www.arts.gov/federal.html

San Francisco Arts Commission

http://sfac.sfsu.edu/

Foundation Center (library of grantmakers)

http://fdncenter.org/sanfrancisco/index.html

(415) 397-0902

Rent issues:


SF Rent Board

http://www.ci.sf.ca.us/rentbd/

San Francisco Tenants Union

http://www.sftu.org/

(415) 282-6622

by Li Gardiner

No matter how beautifully you present your studio, you must first get people to actually come, keep them long enough to appreciate your work, talk to them while they are there, and if they are interested in your work give them a reminder to take home.

You never know who will fall in love with something you made; their response is completely unpredictable and is the sole reason for their willingness to buy something.

Invitations


The best way to insure a large attendance is to invite as many people as you can possibly afford to mail to, including friends, relatives, classmates, co-workers, clients, doctors, etc. You can expect a 10-20% return on the number of invitations.

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With your press release include a black and white photo along with an invitation.

Your open studio


Clean your studio up, not to make it perfect, but because any mess will distract people from your work, and tools and loose piles of stuff can be hazardous. You should also put away anything small and valuable. Get the best lighting you can. You can use temporary clip-on spotlights from a hardware or discount lighting store. Borrow lamps from friends. Play some relaxing music, anything soft that will not intrude on your visitors’ concentration.

Show and tell. Have examples of works in progress, tools, sketches, photos of you working in your studio. Visitors will often make a connection with your work through curiosity about how it is done. Have your portfolio on display.

Frame everything you can, or mount it, or put it on a pedestal. Special attention to presentation results in respect for your work.

Pricing


Every piece must have a price clearly marked on or near it. Many people are uncomfortable asking how much something is, especially artwork, and may leave rather than ask. If you have a different price for framed versus unframed, list them both.

Offer a range of prices. Smaller work, sketches, a bin with seconds, even note cards created from scraps will appeal to people who really want something of yours but cannot afford a major expenditure.

Do not show work that is not for sale. Invariably this makes people want that piece and they will disregard the others. If you sell a piece, replace it with another.

Do not hand over the artwork until the final payment has been made.

Informational offerings


On an open, well-lit surface provide a slide book of your work, your guest book, a few pens and a publicity book, if you have one. Make sure you have copies of your resume and artist’s statement, postcards of your work, invitations to future shows, your business card and any other free items.

Food and drink


Offer simple, non-greasy finger food. The same fingers that handle the food will be handling your work. Grapes, strawberries, anything on toothpicks, cracker sandwiches, raw vegetables and bread are safe. Water, white wine and apple juice will not stain things badly should they spill, but red wine is too risky.

Schmoozing


Greet every visitor, invite them to sit or have something to drink and tell them you’ll be nearby to answer any questions. If they love your work and say so, and you are uncomfortable responding, you can ask them a question instead: “What does this piece say to you?”

If what they think or feel about the piece doesn’t agree with your conception, don’t directly contradict their feelings. Think of it as a fresh perspective on your work. Be charming and interested, not pushy. People are often excited about art but very insecure about their lack of knowledge.

Selling


If someone seems very interested in buying a particular piece, try to satisfy their concerns. If they hesitate over price, offer an installment arrangement (but do not let them take the piece until all the payments have been made!). If they are worried that their partner/mate will hate the piece, invite them both back as soon as possible (strike while the iron is hot!) for a private viewing. Offer to deliver and to help them get it framed. Do not let them leave without a photo or slide of the piece in question.

In any case, send a note or call within a week. Thank them for coming and ask if they’ve been able to make a decision.

Ask a friend to stay with you. You should never be alone while your studio is open to the public. Your friend can greet visitors while you are taking a break or schmoozing deeply with a prospective buyer or fan, and will also keep an eye on things and give support on the rare occasion that someone really strange wanders in off the street.

Follow-up


As soon as you get a break, go through your guest book! Make notes about your visitors: What pieces were they interested in and why? This list is worth its weight in gold. You can send cards to some of your guests, thank them for coming and remind them of upcoming shows. Mention that the piece they were interested in is still available, or that you’re working on something they may like as well.

Relax


Once you open your door, stop worrying about the details. If you’ve made most of these preparations, you have all the ingredients for a successful event.