selling/giving away practice art on internet? Legal?

[tammy]

Hey, ya'll
I'm thinking of either giving away or selling real low some of my yuk (to me anyway) and or practice Art work on my web page. Is there any reason you might know of that I can't do this, legally or otherwise.
I've got too much stuff here!

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Don't worry, its gonna be all right....
Tammy's Home for Artists (http://tammy.artistnation.com)

[Roan]

If it's a copy of someone else's work or photography, unless you have permission, it's illegal.

If it's from your own reference photos or from pictures that you have permission to use, it's okay.

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<FONT face="Script MT Bold"><FONT COLOR="#AB4835"><FONT size="5">Roan</FONT s></FONT c></FONT f>
<FONT COLOR="#8A1010">Cuir a-mach an Sasannach, thoir a-staigh an cù, 's tog an teine gu math . . . bidh oidhche fhuar ann a-nochd.</FONT c>
-- <FONT size="1">Put out the Englisman, bring in the dog, and stoke the fire well . . . it will be a cold night tonight.</FONT s>
RoanStudio.com (http://RoanStudio.com) &lt;--- supply resources for pastelists!

[tammy]

Did I forget to mention that its all mine? It is.
I'm sorry. When I put down practice, I didn't clarify. oops!
They are all my Originals.

Some painted from Wetcanvas Reference photos, but they are suppose to be copyright free.

But yep, the rest are my mess! http://www.wetcanvas.com/ubb/smile.gif


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Don't worry, its gonna be all right....
Tammy's Home for Artists (http://tammy.artistnation.com)

[TPS]

I would not let anything leave the studio which you are not proud to claim. Practice work and unsuccessful pieces are meant for a bonfire, not someone's wall. Of course, much could depend on what you forsee as your future in art. I doubt that letting your 'yuks' out on the market would be of benefit if you plan a professional career. Someday, when you are well established, someone will produce one of your 'yuks' to be included in a retrospective of your work. How would that make you feel? If you don't plan to be a pro, then it won't matter.

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http://www.artbydj.com

[tammy]

Originally posted by TPS:
I doubt that letting your 'yuks' out on the market would be of benefit if you plan a professional career. Someday, when you are well established, someone will produce one of your 'yuks' to be included in a retrospective of your work. How would that make you feel?



Well, thank you for your honesty.
Perhaps I didn't deliver this question well.

I know that one marketing tactic is to offer something for free from your site.

I've also read about an Artist, who upon becoming famous, found that his earlier works which he no longer owned began selling for prices which continued to rise. Discouraged him so badly that he sometimes resorted to his earlier style, putting false dates on them.
Appartantly, sometimes works done during lets say one's formative years are sometimes worth more than ones done after becoming professional.


Yes, I call them my yuk ones, but just because I don't like them doesn't mean that someone else might not. Of course I would have planned on only giving them to someone who truly wanted and ask for them. That would have been the only way.
I was reading something about a gift tax for stuff you give away when I wrote this question and so was only wondering if it was legal to just give Art away without paperwork of same kind and stuff like that.

I probably won't do this idea anyway because I don't imagine people like giving out their address to get Art work from just anyone claiming to be an Artist.
It was just an idea.
Thanks for the help.


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Don't worry, its gonna be all right....
Tammy's Home for Artists (http://tammy.artistnation.com)

[TPS]

OK Tammy...I took your word that you meant practice work and ones below your acceptable quality level. It's true that many times the pieces you feel are less successful are often the ones others like and buy first. If that is what you really meant, then have at it. The more work you have out there, the more you will become known as an artist. Just be sure you won't mind being associated with it.

As to the tax situation, there are two issues. One, the artist is only allowed to deduct the cost of materials in making the art. Unless you're using very expensive stuff, it is unlikely this will be of much use to you. And giving away large amounts of work may seem suspicious to the tax folks.

And two, the person receiving the gift must declare it as income based on its fair market value. And, a collector may deduct the fair market value of the art when donating it. However, this value must be established by an appraiser and/or receipts of similar works that have sold for the claimed value. Unless you have a track record of sales to support this, it's unlikely it would be accepted by the IRS.

IMHO giving your work away to strangers will do nothing for the perceived value of your work. That and demand is what will establish and hold up your prices over the long haul. By all means, give work to the charity of your choice and to friends and family, and on very specific and limited instances that will advance your career. Otherwise, it's likely to be counter productive.

Hope I did'nt offend you. Just trying to be helpful and cover all the possible outcomes. In the end you must decide what is best for you. Best of luck!

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http://www.artbydj.com

[tammy]

Originally posted by TPS:
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And two, the person receiving the gift must declare it as income based on its fair market value. And, a collector may deduct the fair market value of the art when donating it. However, this value must be established by an appraiser and/or receipts of similar works that have sold for the claimed value. Unless you have a track record of sales to support this, it's unlikely it would be accepted by the IRS.




Ah yes, this is what I was getting at and you have explained it so I can understand what I had read in the book that I didn't understand.
Thanks for that.
So, really if I gave it away, I really have no tax obligation unless I wanted to go that way, but there is no harm to give it away if for nothing else to gain exposure, Right?
The tax thing (if any) should fall on the shoulders of the receiver, not the giver.
Well, that works for me.


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Don't worry, its gonna be all right....
Tammy's Home for Artists (http://tammy.artistnation.com)

[LarrySeiler]

Practice work and unsuccessful pieces are meant for a bonfire, not someone's wall.

I was really surprised to hear that Clyde Aspevig (awesome landscape painter), does not sell any of his plein airs, as he does those and then uses them to do his larger in-studio pieces.

I guess it depends on if your "practice" pieces prove in the end to have a certain degree of charm and expert handling that finds some demand. Though I'm sure Aspevig's plein airs would be awesome. (heard a show recently exhibited many of them. Would have liked to see that!).

I have become more and more a plein air painter selling what would be for Aspevig, "practice" pieces. I did in-studio works for over 20 years, and could easily adopt his idea...but, I find my greatest inspiration to paint from life, and my best spontaneous works at this point...right there. Its when I overwork an idea, that it loses some of its freshness, so....this is something I need to work on.

I would underscore though Tammy, that anything you sell should represent your passion as an artist. It should be first of interest to you...then it will find an interest in buyers. If something screams at you of not being finished or worked thru to your satisfaction, you'll later hold yourself in contempt for having allowed someone to buy it. There will be plenty of time to sell....its not, are you ready? but, is the work ready? You have to decide that.

Larry

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The Artsmentor

"Painting is easy when you don't know how, but very difficult when you do!" Edgar Degas

[This message has been edited by lseiler (edited March 18, 2001).]