USA Visual Artist- Lydia R. Watson aka Watsart™               

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Glossary

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Artist Proof  

Those impressions from an edition that are specifically intended for the artist's own use. These impressions are in addition to the numbered edition and are so noted in pencil as artist proof or A/P.

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Etching  

To make an etching, a metal plate is coated with an acid-resistant wax-base substance called a ground. An etching needle, which has an extremely fine point, is used to draw the image on the plate. The surface ground is removed wherever the point of the needle makes contact with the plate. The plate is immersed in a tray containing an acid bath. The acid bites into the plate in the lines exposed by the etching tool; the length of time the plate is exposed to the acid determines the strength of the line.

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Giclée  

The most technologically advanced and accurate method of creating images on fine art paper or canvas. Ink jets smaller than human hair spray acrylic inks onto the print medium, which is attached to a rapidly spinning printer drum. A protective UV coating "fixes" the image.

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Limited Edition Print  

Indicates that a finite number of prints may be made of an image. Each print is signed and numbered by the artist. Numbering indicates the size of the edition and the number of each particular print. Therefore, 25/75 means that the print is the 25th impression from an edition of 75. Once the edition is sold out, no additional images may be printed.

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Lithograph  

A printing process in which images are drawn with crayon or a greasy ink on stone or metal and then transferred to paper. Each image is produced individually.

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Open Edition Print  

Prints of an image not limited to a specific number. If an open edition sells out, more prints may be made. Generally considered less valuable than limited edition prints.

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Serigraph  

A fine art stenciling method in which the image is transferred to the paper by forcing ink through a fine mesh in which the background has been blocked. Each image is produced by hand and the process must be repeated for each color used in the image.

Frequently Asked Questions

If it does not have a copyright notice, it is ok to use.
USUALLY NOT. Almost all works are protected by copyright, even if they do not have a copyright notice. Therefore, you should assume that you need to obtain permission to use any material that you did not create.

It's on the internet, so it is ok to use it.
FALSE. Simply because an image is found on the internet does not mean that it is in the public domain. Unless the author of the work has explicitly stated that his work is "public domain" or that the copyright has expired because the work is very old, then you must assume it is not. Further, a person who posts an image on the internet and claims that you are free to use it may not have had the right to post the image in the first place. Thus, your use of the image may violate the rights of the actual copyright owner.

It is Fair Use.
USUALLY NOT. Fair use of a work for the purposes of merchandise sale is treated very differently than for informative purposes or for commentary. In general, a claim of fair use of a work when it is used on merchandise may not hold up in court, especially if the merchandise is sold for profit.

I took the photo, so I can use it however I want.
FALSE. Simply taking a photo of a person, company, brand, logo or the like does not afford you the right to sell merchandise featuring that photograph. There are two distinct intellectual property rights in a photograph: (1) the rights in the photograph itself and (2) the rights in the subject of the picture, such as the product or person shown in it. For example, if you take a photo of a celebrity, you only own the rights to the photo, but not the right to use the photo of a celebrity for merchandise sale. In order to sell merchandise with the image, you will need to obtain explicit permission from the celebrity.

I based my artwork on the artwork of a third party, so that is ok.
FALSE. Works that are derived from a previous work of another violate the rights of the owner of the previous work. Therefore, if you are creating an image that is based on the work of someone else, you need to obtain permission from the original creator prior to your use of your work. For example, Weird Al obtains permission from Michael Jackson prior to recording a song based on one of Michael Jackson's songs.

I am using Clip Art, so it is ok.
USUALLY NOT. Most clip art, photo collections, or graphic programs contain a license agreement. The license agreement sets forth the specific uses for the clip art. In most instances the license does not grant you the right to use the clip art for the sale of merchandise. You should consult the license agreement and your attorney to determine whether you can use the clip art images.

The First Amendment protects my freedom of speech, so I can use whatever images I want.
FALSE. Freedom of speech is a constitutional protection that guarantees that the government will not oppress your right to self-expression. It does not give you the right to use intellectual property of another to sell or distribute merchandise.

Can I use images of a celebrity ?
NO. There is an exception to the Right of Publicity for political figures, which does not extend to celebrities.

 

 
*Book Release
Order your copy today (these books eligible for Free Summer 2010 Shipping)- documented 2009-2010 exhibition/tour entitled "PLAINFIELD in '08 through the EYES of WATSART" 
 
 

 Hardcover Edition 29.99usd

 

 

 

Paperback Edition 12.99usd

& Downloadable Version 3.99usd

 

 

 

 

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Copyright © 1990-2010 All artwork and images displayed on this website are protected under the US Copyright Laws and international conventions. No portion of the artists works or statements may be used, downloaded, reproduced using any means, copied, linked to or transferred automatically without prior written permission from the individual artist. -Lydia R. Watson aka WATSART

 

 

Contact Info

 watsart1@yahoo.com

 

or

Lydia R. Watson aka WATSART

PO Box 94

Scotch Plains, NJ 07076-0094 USA

 

 

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