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  • Normality?

    Be your own boss Who is it that can turn a genuine request for help into a challenging time in their life because the experiences we carry as human beings are not the ties that bind, but bonds that make us who we are to the world. Bonds are a matter of your own integrity and can range from a set of your own possibilities that lie dormant, to expectations that we all see as different to the way they are presented. Because we acquire meaning through our bonds in life, this can speak volumes about us, because we are never fully able to comprehend the nature of our own experiences until a fixed sense of perspective is formed. This is because you cannot live as nothing or in nothingness and be growing as a person, so work with only who and what you know in life, as the world can be full of wonder - if you let it. Daniel Fisher

  • Rudyard Kipling

    The sky is the limit - reach for the stars! No bird soars too high if he soars on his own wings! If you can keep your head when all about you, Are losing theirs and blaming it on you; If you can trust yourself when all men doubt you, But make allowance for their doubting too; If you can wait and not be tired by waiting, Or, being lied about, don't deal in lies, Or, being hated, don't give way to hating, And yet don't look too good, nor talk too wise; If you can dream - and not make dreams your master; If you can think - and not make thoughts your aim; If you can meet with triumph and disaster, And treat those two imposters just the same; If you can bear to hear the truth you've spoken, Twisted by knaves to make a trap for fools, Or watch the things you gave your life to broken, And stoop and build 'em up with worn out tools; If you can make one heap of all your winnings, And risk it on one turn of pitch-and-toss, And lose, and start again at your beginnings , And never breath a word about your loss; If you can force your heart and nerve and sinew, To serve your turn long after they are gone, And so hold on when there is nothing in you Except the Will which says to them: "Hold on"; If you can talk with crowds and keep your virtue, Or walk with kings - nor lose the common touch; If neither foes nor loving friends can hurt you; If all men count with you, but none too much; If you can fill the unforgiving minute, With sixty seconds' worth of distance run - Yours is the Earth and everything that's in it, And - which is more - you'll be a Man my son! Rudyard Kipling Be an honourable man.

  • How to formulate a basic a review?

    The skill of not giving a damn. This is not a set of rules, manifesto, or a follow-or-be-damned guide to review writing this is what I now believe, with other writers and editors this may be right, but there are times when I disagree with or ignore some of this too.   Once, I had the idea I’m not really interested in what others think, say, or do, I just wanted to write about what I see, of course, I became horrified by the instruction to just narrate what happens because I wanted to share my opinions not just report boring old facts. And yet over 20 years later this conversation still rankles, but it also contains a crucial point… Describe what you witness.   A review needs to place the reader at the exhibition / performance / event that is being written about, and to do this you need to describe and/or explain what is in front of you, what it looks like, what it is made of, and what it does, ultimately you need to say what you see and say it clearly.   While as writers we may love the sound of our own opinions, be excited by our clever observations and dazzling turn of phrase, this all accounts for zero if we haven’t provided the reader with some context first. As a reviewer you need to place the reader where you have been because you are their eyes and ears, so a review isn’t about a description as expressing an opinion is what makes it a review, rather than an impartial report.   Description is fine, but description on its own is not enough. After all, you have something to say, views that need to be expressed. You want to say why an exhibition works so well or why it doesn’t; you want to provide some critical insight. You have an opinion, don’t you?   Even if you are an artist yourself, if you are writing a review then you are also a critic. So, tell the reader what you think and why you think it. Support your opinion with facts and description. Weave the two together, create a piece of writing, make it ‘seamless. And to support your thinking, do not just rely on the information you get from the exhibition.   Make sure you… Do your research as a review, particularly one of any length, is not just about what you’ve witnessed at a specific exhibition. The art you are writing about has a relationship with many things that exist beyond the gallery space, from the social and political to the personal and historic. And while you do not need to be an expert to express an opinion, you do need to know your subject, so you should, then, always find out more and not simply rely on what you have gleaned from the work in front of you.   This information will help provide you with a context and broader understanding of what you are writing about. It is supporting material for your descriptions and opinions, and it may also help to give you the confidence to be clear and forthright in what you want to say. Because when it comes to writing a review, there is no bliss in ignorance, and trust me when I say I speak with the voice of experience.   The beginning   How to start, to get going, to hook the reader in? If you struggle, then do not sit there staring at a blank screen – Write Something! It doesn’t really matter at this stage if it isn't a good beginning – getting something down can help kick-start the process of writing, and you can always press delete when you start editing.   The middle   Well, it’s the hardest bit, isn’t it? All that description, all those opinions, all that self-editing to get your overlong review down to the required length? The point is a review can be a struggle from start to finish. Like any skillful writing, it is not typing, it is thinking, and thinking can be a headache because it requires rigour.   The end   Endings can be difficult when a review or any other piece of writing for that matter just peters out. But, how to bring all those fascinating threads together, how to provide concluding comment that satisfies both writer and reader, and how to do it without being too neat, too simplistic? There’s no easy solution but I think it’s worth trying to resolve these questions, so here are eight things to think about when writing a review:   Say what you think it does and don’t be afraid if this is something entirely different to what a press release or interpretative text tells you and say whether it does do what it purports.   Say what you think the work/exhibition is trying to do, so make sure your review gives the reader an insight into the form the work takes on and its presentation.   Do not try and write about everything avoid your review becoming a list, try focusing in on key works/elements of a show that you think are most important.   Be aware of the views and assumptions of the exhibition’s curator and treat them as such, try to differentiate fact from opinion by avoiding ‘art language’ when everyday language will work just as well.   Make your review entertaining, a joy to read, rather than a challenge, because you are writing a review not an academic thesis, so help the reader get to the end.   Always self-edit and be prepared to be ruthless with your own words. Go back over your review, get rid of anything that isn’t needed or is vague or unclear. Brevity is good.   Fact-check. That means spelling names correctly, checking dates, etc. If an editor can’t trust your facts, why should they trust your opinions?   If you have an editor work with them, not against them, which means sticking within your word limit; following house style; hitting your deadline. Because editors aren’t always right, but they will appreciate your professionalism.

  • Zen is the art of understanding............

    Penny for your thoughts? Understanding is the heartwood of well-spoken words.   All wrong doing arises because of mind. If mind is transformed can wrong-doing remain?   Peace comes from within. Do not seek it without.   You cannot travel the path until you have become the path itself.   However many holy words you read, however many you speak, what good will they do you if you do not act on upon them?   You only lose what you cling to.   All that we are is the result of what we have thought: it is founded on our thoughts and made up of our thoughts. If a man speak or act with an evil thought, suffering follows him as the wheel follows the hoof of the beast that draws the wagon.... If a man will speak or act with a good thought, happiness follows him like a shadow that never leaves him.   Holding on to anger is like grasping a hot coal with the intent of throwing it at someone else; you are the one who gets burned.   Doubt everything. Find your own light.   There is nothing more dreadful than the habit of doubt. Doubt separates people. It is a poison that disintegrates friendships and breaks up pleasant relations. It is a thorn that irritates and hurts; it is a sword that kills.   It is a man's own mind, not his enemy or foe, which lures him to evil ways.   A man is not called wise because he talks and talks again; but if he is peaceful, loving, and fearless then he is in truth called wise.   If your compassion does not include yourself, it is incomplete.   Just as a snake sheds its skin, we must shed our past over and over again.   The one who has conquered himself is a far greater hero than he who has defeated a thousand times a thousand men.   Holding onto anger is like drinking poison and expecting the other person to die.   Do not look for a sanctuary in anyone except yourself.   As rain falls equally on the just and the unjust, do not burden your heart with judgements but rain your kindness equally on all.   The past is already gone; the future is not yet here. There's only one moment for you to live, and that is the present moment.   In the sky, there is no distinction of east and west; people create distinctions out of their own minds and then believe them to be true.   One who conquers himself is greater than another who conquers a thousand times a thousand on the battlefield.   Before enlightenment, chop wood, carry water. After enlightenment, chop wood, carry water.   You will not be punished for your anger; you will be punished by your anger.   You should study not only that you become a mother when your child is born, but also that you become a child. The one who is good at shooting does not hit the centre of the target. When an ordinary man attains knowledge, he is a sage; when a sage attains understanding, he is an ordinary man. Think with your whole body. What is the sound of one hand clapping? If you have a glass full of liquid you can discourse forever on its qualities, discuss whether it is cold, warm, whether it is really composed of H-2-O, or even mineral water, or sake. Meditation is Drinking it! Harmonizing opposites by going back to their source is the distinctive quality of the Zen attitude, the Middle Way: embracing contradictions, making a synthesis of them, achieving balance. To study Buddhism is to study ourselves. To study ourselves is to forget ourselves. Those who see worldly life as an obstacle to Dharma see no Dharma in everyday actions. They have not yet discovered that there are no everyday actions outside of Dharma. I come to realize that mind is no other than mountains and rivers and the great wide earth, the sun and the moon and stars.Life and death are of supreme importance. Time swiftly passes by, and opportunity is lost. Each of us should strive to awaken. Awaken. Take heed, do not squander your life. In a mind clear as still water, even the waves, breaking, are reflecting its light. If you understand, things are just as they are... If you do not understand, things are just as they are. Zen is not some kind of excitement, but concentration on our usual everyday routine.   A flower falls, even though we love it; and a weed grows, even though we do not love it.   ………Traditional Buddhist Insights.

  • GUIDANCE

    Bravery Applying for opportunities can be an extremely rewarding procedure by opening new doors to show work and earn a living, but it can also be a dispiriting, costly and time-consuming endeavour. In recent years there has been a furore and increasing publicity around duplicitous opportunities which overemphasise unpaid internships within the arts. Whilst there is an increase in the visibility of opportunities for artists through social media and online platforms – advertising on various e-groups, e-bulletins, regional and alumni printed newsletters and specialist websites like Arts Council - Arts Jobs and a-n jobs – the onus is on artists to selectively assess and apply only for those opportunities that will further and nurture their careers. Artists are well-versed at balancing competing needs, and whether looking for new collaborators, showing or selling opportunities, identifying appropriate competitions or new commissions, or finding arts-related employment, making applications can also be a chance to undertake some administrative maintenance, reflect on practice and update portfolios. Knowing which opportunities to apply for and which ones to disregard can save both time and money – but how do you decipher which are the most appropriate for you, and which will yield a higher success rate? And how do you assess if a subsequent offer is then worthwhile accepting? The Two big questions are, what is the deadline and what is the fee? And then ask these four questions before accepting an offer… 1) Is the commissioner aware of the artist’s needs as well as their own? 2) Is the budget appropriate to the job specification? 3) Has a budget been put aside for any community participation element and is this additional workload requirement reasonable? 4) Is the timescale appropriate for the project requirements. Who are they? But if only an email address is given, then it is not at all unreasonable to send a quick email indicating your interest, requesting a telephone number (and address and website) so that you can speak to them directly. Also, ask for names of other artists they have worked with, or ask about how a project is funded to help you ascertain an organisation’s validity, and check the websites, Google the organisations, get the low-down. If they are asking for money upfront from you to participate… treat with great caution! Ask yourself is it professional? Look at their website; look at its professionalism and at the work on there – would you be happy showing your work in this context? Sometimes there can be issues of professionalism. It can be a case of NOT going for something the moment it looks a bit clumsy. So, does it look like they know what they are doing? Why are they offering it? Have they got a track-record? Is it connected to wider networks? If it feels like you are jumping through hoops to get the opportunity then it may be worth stopping early on, as it could be that you are not for them, nor them for you. If there is a brief period between the show and the deadline for proposals etc, think again. Is this a sign of bad organisation? Will this affect what you are able to produce? Because, if you have responded to an opportunity and been successful but find that there are issues you are uncomfortable with once contracts are presented, discuss this with the organisers and, particularly around fees, indicate the ‘going rate’ for the type of work on offer. You can cite other projects as examples. What is their reputation? When you have been practising for a while, you know the reputation and type of work that they show – whether it is a club you want to be a member of, and so do they have a track-record? Look at who else they have worked with in the last year. A track-record is not everything, but it does help as there is no substitute for word-of-mouth. Talk about opportunities amongst people you know who operate within the art world – peers, curators, local arts officer, etc. to find out information about opportunities and experiences others have had of working with an organisation. Do they only want your money? Be wary if there is a cost to apply. Consider the quality of the exhibition opportunity and weigh up whether it is worth the fee. If you are thinking about paying for a stand at an art fair, treat it as a business decision – can you justify it within your marketing or sales strategy? Opportunities should be about helping you generate an income, not to spend it. One year I said to myself that if I got a 20% success rate, I would be happy. I did about three days of research into open calls that had a strong history or link with medium specific products – and that were ethical and transparent about how they used the submission fees. Do you know your bottom line? Know your bottom line so you do not operate at a loss. If the opportunity allocates several budgets for the different elements of the project (e.g. travel, stipends, accommodation, materials), then this shows they have thought about how to support artists and what the artists need. Do not always take things at face value, really consider your financial situation and weigh this up against what is being offered to you (e.g. fee, accommodation, time needed to be taken out of paid work, workshop requirements). If an opportunity is expecting a lot more from you for the money (and/or in-kind support) than they are providing, negotiate with them to agree a mutually beneficial situation. If there is a risk that the quality of your work will be sacrificed, do not do it. In developing your practice, is it compatible with your opportunities? As they should not be prescriptive, there should be room to work accordingly to your own practice and your own needs. So do your homework and always ask for and read the additional information, and check out websites to get an idea of past projects or exhibitions and an understanding of the kind of work they are interested in. Do not forget to ask yourself what it is that you want to get out of it… and remind yourself of this if you get the opportunity. Does it have long-term potential? You should be clear about who you are and what you can and would like to achieve in the long and short term. Then ask yourself: ‘is accepting this opportunity going to help. Make a check list of pros and cons such as: Will it improve my track-record? Offer me a financial reward? Give me a promotional opportunity? Be enjoyable or fulfilling? Teach me new skills? Strengthen my network? Give me time/money to develop new work? If the opportunity you are offered is all give and no gain, you are wasting your time. Will the opportunity open your work up to new audiences and expand your networks? Ask yourself whether the opportunity has the potential to start the ball rolling and snowball into an ongoing professional relationship / something more sustainable. And if in doubt… organise it yourself because the best way to make work is to create opportunities yourself or network your way into opportunities. In an ideal world you would only embark on projects where there are sufficient funds available. This guide outlines an approach to finding workable compromises whilst maintaining quality for times when money is tight. Because in an ideal world you would only embark on projects where there is sufficient if not a surplus of funds available. You are wise to review and manage the work you take on with a degree of pragmatism. We know things cost more than they are budgeted for, therefore it is prudent and good practice to think ahead of financial ambiguities than to have to dig deep to solve them, often out of your own pocket, in the moment. Give some thought and structure to approaching all projects that you embark on and suggest workable compromises to affect the highest quality when and where the money might be less available. You may not be able to ask for blank cheques, but you can plan to be more effective with your monies. Assuming value for money is an assessment of realism and one of the criteria you should use to address your initial selection of interest in a project. Seeing if there is a budget for what needs to be done should conclude for you whether to apply or not. With restricted funds you may still choose to apply, compensating for the lack of money with strategies from your previous experiences. It will be this that gets you the job – your ability to deliver a quality service on a tight budget. But at what cost to yourself.   • Contributing materials from your studio to the project • Documenting the process with your camera and resources • Attending meetings that are not planned or paid for • Concluding the evaluation in your own time • Running one more workshop than you are paid for, to boost numbers   Your materials, your knowledge and your time all have a cost, and the challenge is to question the assumption that you are content to continue with this hidden economy of matched funding from the artist. Are you able to be making such financial contributions, subsidising the budget? It is not admissible as ‘in kind’ matched funding, so why contribute to it? Do not trade on your reputation of doing more than you are paid for to get the job done, quality has a cost, and it is a combination of our experiences and an immediate gut, head and heart reaction that tells us whether a project is attainable. Trust yourself to question, to challenge and change the parameters in which you successfully work. Excellent work does not go unnoticed, but it is easier to spot a less–than–best project. It is in your own interest to engage with work that exemplifies your skills and abilities to the best. Settling for work where the finances pose potential threats can be seen as self-sacrificial. As threats to the quality of the outcome of the work, the quality of the experience for the participants/audience and for yourself impact on the quality of your reputation. These are familiar answers from artists explaining the reasons why they are compensating for a lack of sufficient funds to pay for the satisfactory completion of a project. It is the responsibility of the purchaser of your skills/services to pay for you or to find the funds to pay for you. Qualify to them that quality outcomes need quality resources, funding, and support. If the money is not there what can be done? It is critical that all parties share a collective understanding of the vision and know that this is not what is changing. To fully appreciate the aims, objectives, and motivating forces behind the brief is essential in revealing the bare bones. Taking it back to the spirit and tick box elements that need to be covered to warrant the success, which enables you to flesh it out appropriately. There will be several opinions on this according to the number of stakeholders, commissioners, funders, participants, and yourself. Keeping them all motivated and engaged in the process is about good clear communication. Engage all perspectives by naming, listing, and prioritising their needs. Seek common ground, where desires and outcomes match. This is what you must deliver on first. Additional values will also be met and identifying this where it happens is beneficial to your case. From this you can step forward to look at the dimensions of the project that must remain at a realistic cost. Eliminating and not worrying about the excess needs of a project can be critical in getting it back to budget with an overspend and delivering what is needed on the money available. Elasticity over ambition and a desire for innovation make sure the brief is not overstretched. Clarity and focus on a revised project specification is a quality that you can bring.   1. Describe the shared purpose, aims and newly prioritised deliverables. 2. State parameters (timescale, budgets, range, scope, geography). 3. State people and partners involved (strategically, production and relationships; reporting and decision-making processes). 4. Establish ‘review points’ at which to check and review progress, results, and budget.   It is not about changing the purpose of the project as you will remain accountable to the initial plan, but it may take a different route. It is not a less–than project, it is one that has answered to its rationale. Go to the core and prioritise the crucial outcomes and deliver this within the resources available. It is now achievable, and this should encourage everyone involved. Re-budgeting from the actual time of spending the money, things could have changed. It is good practice to review budgets regularly. Identifying the flexible and static costs illuminates the manoeuvrability you have. Investing a small amount of time in the analysis of the future spending can prevent overspends and pinpoint areas of concern surrounding lack of funds. If you are confident in the value of the project and have a sense of what is needed to achieve success, the exercise of appropriating money from one budget heading to another without losing the integrity of the project is manageable.   Static costs • Your fees and expenses (including research, planning, development of materials/resources and meetings). Where division of your time is not clearly stated, ask for it. If the fees available to you are fixed, then a proportionate spread over these duties may inevitably mean less production/contact time unless the budget can be altered. • Fees for professional services, facilities, and/or equipment. Though with sponsorship you could get them provided as in-kind support, releasing the budget cost.   Flexible costs • Materials • Production and postproduction costs • Marketing • Administration/Project management • Documentation • Monitoring and evaluation • Dissemination • Contingency Can you manage your time successfully? Taking time to review a project considers the insights offered in this guide. You should also ask whether the timescale of the project is realistic. The timescale of a project often aligns itself with funding cycles or other external deadlines. Even with these restrictions there are often opportunities to extend dates and deadlines. Talk to the stakeholders in the project. It is prudent to start at a time that is considered rather than one written in a proposal several months back. Because in identifying if there is any flexibility in deferring the start, time may develop for further funds to be sought. Where there is no luxury of managing time, a harsh assessment of whether the project can exist must be made. Working back from the deadline, if there are not enough hours to do the work, you must reduce the volume of the work. Additional money can be found but we are always restricted to the number of hours in a day. Most projects come in late – that is just the way it is – so if there is a fixed deadline, plan to meet it earlier, and work back from that date. Time can additionally be found by segmenting the project. Splitting the entire process into sections of a larger plan may have the benefit of separating funds available for distinct activities. Beginning, middle and end. Such as:   • Planning, research, and development • Production, workshops, and evaluation • Exhibition, dissemination, and publishing of outcomes   It brings a sequence of events into order and their achievability into manageable activities. These rolled out over a longer timescale can allow for additional funds or partnerships to be secured for each subsequent phase, based on the success of the previous project as a ‘pilot project’ may enable you to legitimise the changes by managing the success and value of the project on the initial limited budget, and allow you to go back for additional funds to develop the ideas further in the future. Additional funds can often be found late in the day. But decide whose role this is. Undertaking it yourself will have an additional cost of your time and efforts. Do you want to be a fundraiser? The options are:   • Ask for more money from the original sources • Partnerships and opportunities for support ‘in kind’ either as products, materials, or services • Business sponsorship   A wise thought is to raise an excess of what is needed in advance of the project. Do not just go for the exact costs of the project from one or two places. Go wider, at best twenty per cent more than what is needed. This allows for less than full offers and provides a contingency to review the budget upon starting it. Take control and remember, you have the choices to accept, reject or manage the projects you embark on. Take a lead responsibility in controlling the review and revision of the project and consider your experiences with actual costs versus the budget. Manage this with some of the foresight that this guide suggests and in summary be assertive in valuing yourself and your knowledge. It might be worth considering the following project management principles. Seek:   • Clarity • Agreement • Communication • Motivation • Engagement • Review • Adjustment • Completion • Report   Make it work for you by approaching every project with the intention of it bringing value to your developing career profile. Fundraising is a competitive activity – there are always more applications than there are funds available. This guide introduces you to the main funding sources and offers guidelines to help you make winning funding applications. In fundraising and trying to generate financial support for what you want to do, it can be very time consuming in developing an efficient method of sourcing funds which do make the best use of your time – freeing you up to develop your practice and projects – and will increase your likelihood of success. Securing funding is a process of:   1. researching sources. 2. making a case for your project. 3. making applications. 4. awaiting assessment and feedback. 5. working with funders if the application is successful.   Can you do your research properly? Always be available to do research on potential funders – you need to match what you are doing to the aims and objectives of potential funders. Keep a careful record of your research, as this will be useful for the next time you are looking to raise income. Take a note of all deadlines and ensure you have enough time to apply. Applications that have deadlines must be adhered to. Draw up a ‘hit list’ from your research – do not waste your time on applying to sources which are unlikely to be successful. Instead draw up a top ten list of funders, and approach the top five, leaving the others as a contingency plan if you are unsuccessful. Before applying it is important to establish:   ·       what is the potential funder interested in funding? ·       what kinds of activity will it fund? ·       what approaches will the potential funder expect? ·       what kinds of funding do it offer? E.g. start-up funds, running costs, capital funding, project funding, core funding. ·       Are you eligible? You might need to be a charity, or to be located in a specific geographical area, for example. ·       Whether you can complete your project within the required time period? ·       Whether you have the financial and management skills, and can prove it?   The three main sources of financial support for arts projects are:   ·       public funding ·       grant-making trusts ·       commercial sponsorship. ·       Public funding       Various British Arts Councils offer funding schemes targeted across all art forms in a range of areas, including:   ·       individual artists ·       projects ·       organisations ·       research & development ·       arts education initiatives ·       Visit the relevant websites for current information   Grant-making trusts are charitable organisations, registered with the charity commission. Trusts usually set out to create change, promote a better quality of life, or realise the potential of individuals and communities. Always bear these factors in mind when approaching them. This focus makes trusts as interested in small projects as large ones. The areas a trust can cover are:   ·       Education ·       Health ·       Social causes ·       Development and housing ·       Arts culture and amenities ·       Religious activities ·       Environment and animals ·       Civil society ·       Law and advocacy ·       Science and technology ·       Philanthropy and volunteering   Remember that the arts can take place within the remit of other categories. All trustees receive more applications than they have funds for, so you will need to target what you are doing. Always take the time to analyse each trust’s criteria.   The support of a private company could be in the form of:   ·       donations ·       advertising ·       media sponsorship ·       staff secondment ·       corporate membership or entertainment ·       sponsorship-in-kind   Companies will have specific reasons for sponsorship:   ·       advertise a name or brand. ·       improve their public image. ·       make new contacts. ·       reach new client base. ·       give a good local image. Think about a price for sponsorship. This is difficult, so take the time to research similar sponsorship/donation arrangements. In your proposal say how much money you need and offer a sliding scale of prices. Some guidelines on sponsorship are: Include a cover letter saying what is enclosed with your proposal, how you found the company, your contact details. Give a specific day when you will call to follow things through. Establish why the company will want to sponsor you – remember both parties need to benefit. Link the company’s target market to your potential audience. State the advantages of involvement. Ask the company to sponsor a cost centre that is exciting or ‘worthy’ e.g. education or commissioning of new work. Think about what you can give the sponsor in return e.g. publicity, limited-edition artwork, dedicated events, promotion of a product to a specific market. Do not treat sponsors as one-off assistance and burn your bridges, think local first, then plan ahead.   Always draw up a written contract following any verbal agreement. Make sure that all conditions of support are specified – it makes things much easier overall to stay connected with your local arts business who look to spark new relationships between commerce and culture. They can also provide advice and are sometimes able to offer a matching scheme. When it comes to funding proposals you need to prepare your case for funding – funding is competitive, so demonstrate your project is viable, achievable and has long-term relevance to your practice, to audiences, and to the development of cultural practice. Try to define your project as an identifiable, unique project for which you have developed a practical plan of action. Your proposal must communicate:   ·       demand for your project ·       how you fit into the funding criteria/profile of the funder ·       why you are collaborating with your chosen audience and artists ·       who you are ·       your goals ·       your monitoring processes ·       detail costs ·       provide a detailed time schedule ·       project sustainability ·       be clear and demonstrate what you are proposing   Some funding programmes will have application forms, others will not. Follow this format to make sure that you communicate the right information:   Introduction: ·       How the project come about ·       Justify your project ·       Introduce your time scale ·       Introduce partners     About you:   ·       Remember the funder knows nothing about you ·       Describe your background and experience ·       Outline your current activities ·       If an organisation – describe your legal and financial status   The project:   ·       What are your aims? ·       What relevance does your project have? ·       What do you hope to achieve? ·       Who is it for?   The process:   ·       Time schedule ·       Working team and roles ·       Location ·       Methodology ·       Evaluation ·       Budget   Moving on: Make sure your project has a clear end. How will you move on from this project? Funders like to feel that their input will have a long-term effect – this will inspire confidence. It is good practice to ensure you have the full funding guidelines for each application. Analyse the funding criteria in detail before filling out forms. Always indicate why you are approaching each funder and adapt your case to the guidelines. Always keep a copy of forms and application letters for your own reference. Ensure any additional material is included, and if visual material is requested, make sure you follow the stated format and volume of material.   ·       Title/credit each digital image ·       Submit applications to the deadline ·       Wait to hear from the funder rather than pushing them for an answer   A note about assessing applications? Funders will filter applications and will automatically reject those who do not fit. They will assess your application in terms of you fitting the purpose of the target/funding profile, ability to realise the project and the quality of your project, because to justify their support any funder will need to have confidence that you can achieve what you set out to do. If a funder supports you, there will always be terms and conditions which will be outlined in the contract. Always make sure that you can fulfil your side of the contract before accepting the funds. Remember to always involve your funder and cosset the contact for future applications. Thanking sponsors and providing them with full documentation is essential. Most funders will ask for an evaluation report, and it is good practice to include this whether requested or not. How to write a clear proposal? Write a few bullet points summarising your proposal at the beginning. This will give the funder a clear snapshot of what you want to do from the start, and try using a table to outline your timescale, with columns for activity and when you are doing it – it’s amazing the difference this can make in clarifying what you want to do and when. If you have the luxury, leave your draft application for a week or two. When you come back to it you will spot the gaps and weaknesses yourself and be able to make appropriate changes and get someone else who doesn’t know your project and who will give you honest feedback, to read your proposal before you submit, and remember to give yourself time to make any of the resulting changes. Do not make generalisations, be specific and articulate your idea/concept clearly and succinctly without going down the path of any hermetic or high-theoretical language, and for every claim made in the application make sure you include evidence. Try to compile a realistic budget? To ensure you have included all the expenditure for the project and planned it thoroughly, think your way through what is involved to make it happen, even day by day, so write down headings for each element of your project. Under each heading include all the minor details, like people to serve drinks at private views or to stuff envelopes for the mail-out, money needs to be allocated to each of these, if not it can be a service in kind which has a value in a budget. Make sure that you budget adequately for your time. There is no point in being successful with an application only to realise that you do not really have the funds to cover it, but equally, your own time can be a particularly useful source of match funding. Look at what time, if any, you can afford to give the project in kind and write this in as match funding at the suggested daily rate for artists. This can prove an especially useful way of finding some extra resources. Incorporate costs for research/familiarisation/consultation time to inform initial design ideas and profile the value of mentoring/collaborating with local artists at cost to support the local creative economy, and make sure your budgets tally. Ask for as much money as you need. Do not comprise on either budget or the idea to second guess the selectors priorities, but be realistic, include all relevant costs, but also be aware that there is always high competition for funds and that smaller grants are often more successful. It is a fine balance and sometimes it is possible to discuss these aspects in advance with the funder. Can you speak the language? It can feel a little false to reflect the same language used in the application guidelines when you answer each question, but it is important to do this. It will make it easier for the officer judging your application when assessing. So read any guidelines and really analyse what they are saying. And make sure every question raised in the guidelines is answered in the order that they are asked. Do not be afraid to repeat yourself if you need to, sometimes the same information answers more than one question. What are outcomes and evaluations? Look at the funder’s priority areas, you will not hit them all, so just focus on those that cover your project when describing the public benefit. It is wise to think in broad terms and identify the groups or communities the project will touch throughout its life from inception to completion. Drawing up a list of these people will make identifying and assessing benefits easier to think about and articulate how the project contributes to your long-term career development as an artist. Where it comes to benefits from the project, it is quite easy to forget that you are allowed to benefit too. Whilst activities will be of benefit to an audience or community the fact that you, as an artist, are being given the chance to undertake this activity, will reflect positively on the region in which you are based, feeding in to the profile of the area. This can be written as a benefit into your application. Evaluation does not have to be a feedback form, it can be an event or a publication, and you can include money for it in the budget. A useful way of evaluating research and development is to pay an artist/curator who you respect to meet you and discuss how your project is going. This is also an effective way to make links with people and organisations.   Describe your research and tactics? Read the job description of the type of officer who will be assessing your application. Remember, when answering the questions refer to your personal creativity, whilst the focus of your art school education is rarely what public funding is there to support. Find out which funding bodies are suitable for your project and try to speak with all of them. Discuss issues such as eligibility, percentage of overall project costs they might fund, the amount of grant they normally give and how they view in-kind support. If you are applying to a trust or foundation, find out what the success ratio is. Some trusts and foundations may fund as many as one in three proposals, others may receive fifty-plus for one award. Judge the likelihood of success before committing time to an application. Some of the Arts Council regions offer surgeries for first time applicants and there are organisations that offer advice. It is also crucial to contact the appropriate Arts Council officer and get as much information and advice, as they are willing to offer. What are the next steps? If you have an application rejected, do not think that it is the end of the line. Take on board the advice from the letter you are sent, speak to your visual arts officer, and rewrite your application. Because sometimes, there are too many good applications and not enough money to fund them all in that round, in which case you can ask your visual arts officer if it would be a good idea to resubmit the same application, learn from the process and use it to hone your application writing skills. And remember, ask for feedback on applications that have been successful so that you can both understand and develop your skills. When preparing for a pitch, keep a complete record of all your ideas, designs, and creative input, ensuring that there is a complete paper trail of your work, from the first brainstorming session through to initial sketches and detailed design drawings or detailed explanation of your ideas. Ensure that you are clearly identified as the creator of your ideas by putting your name and the date of your idea on each document. Archive your ideas by sending your documents to a bank or solicitor or by sending them to yourself through the post in a sealed envelope. This will give you independent evidence that you created your ideas at the time you say you did Ensure that you know what intellectual property rights subsist in your ideas if any, it may be possible for you to obtain registered protection before disclosing your ideas to anyone and thereby strengthen the legal protection available to you. Keep a record of any other parties who have been involved in the creation of your ideas and make sure that you have confirmed the legal ownership position with them before using the idea. If necessary, ask them to sign an assignment agreement or, at least, an acknowledgement of your ownership of the intellectual property rights. This helps to avoid problems with third parties later when you need to rely on your rights. Always keep a written record of your discussions which you have with your client at any pitch meeting or over the telephone so that they cannot argue, for example, that you waived confidentiality in your ideas. You should send a follow-up letter to your client a few days after your pitch to them to confirm the content of your discussions with them and to remind them about your intellectual property rights and the confidential nature of your discussions. It is particularly important where your client is paying you a pitch fee to make clear that you own the intellectual property rights in what you produce for the pitch and that you wish to maintain the confidentiality of the ideas presented to your client as part of the pitch. In certain circumstances, the person who commissions the idea for payment can be the owner of the intellectual property rights in the design produced. If you are unfortunate enough to lose a pitch, always ask your client to return any presentation materials left with them to reduce the risk of your materials being reproduced without your consent and remind them while you have retained your intellectual property rights in your materials. Remember that the object is to ensure that the recipient of your ideas/designs is aware that you consider them to be confidential before they see them and for you to be able to prove this to a court if necessary. Pitching an open studio event? Artists will be opening their individual home studios, and this can be a part of a large art trail, a smaller art trail or just the studio complex alone. It is prudent to make a long checklist in the run up to the event to make sure you do not forget. I have spoken to many artists about their experiences and seen how other people do it and have compiled all this into some more lists. Sales from your studio, contacts with artists, partnerships with curators for future projects,  and contact with collectors for future sales. Some feedback and discussion about your current work can come as a deadline to encourage you to finish work by reflecting on what you have decided to show from the past year. The benefit of a thorough tidy to your space. Catch up with the other artists in your studio building. Time to visit with friends and collectors. Finish making work early. Leave time for oil paintings to dry, for instance pick a day to stop making so you can start on the rest of the stuff. Select the work you will show. Show only the best, old or new. Maybe get help choosing from someone whose opinion you trust. Have various price points. Show enough work to be full and interesting but not so much that it will be crowded. Attach hanging hardware if needed or if it is 3D work make or repaint plinths. Document the work in case it sells, and you cannot later. Photograph your work, create titles, assign prices, and add to your records. Clearly label the artwork and price if it is for sale and think about your pricing. Some artists sell at wholesale prices during their open studio, but most artists do not sell cheaper at their open studios than they would anywhere else. Selling at the wholesale price undermines your retail prices and can confuse collectors and curators as to your price range. Also, the expenses of the event will need to be covered and that is in the retail half of the price. Some artists cover their costs of the event by selling greetings cards or small prints of their work. The type of Open Studios event it is, and the location will influence how much people are willing to spend on impulse. Frame works on paper if appropriate. Maybe use a print browser and easels for display. Remove old screws from walls and patch and paint. Scrub the floor. Tidy and pack away. It is about making it welcoming and pleasant and making the art look good, so imagine your space with a lot of people in it, is there room to move around? Is it dangerous for visitors or children? People love to see how things are made, but you cannot demonstrate making and still chat with your guests at the same time, so consider displaying in-progress work with an information card. If you choose a good example of a stage in your process it will also help you answer visitor’s questions, as you have something to point to. Consider putting out a sketchbook for people to look through or a portfolio of past work. Put out free postcards with an image of your work and contact details or business cards. A visitors book/mailing list sign-up. Put an artist’s statement and CV out for people to read and a few extras to give with purchases. If you are in a building with many artists a door sign with your name and contact details is useful for people to find you. Have bubble wrap and tape for packaging sold work. A receipt book and change. Wear a name tag for you and for your assistants also. Make sure the work is well lit and easy to see. Cordon off areas that are off limits and present chairs for resting or visiting. Water and snacks will be welcome if people are travelling around many spaces but have trail guides to give out to help people on their way to the next venue. Invite everyone! Use your mailing list. Tell people. The biggest challenge for most events is getting visitors, so spend some time getting the word out. After you have done all the artwork and all the event organising it would be a shame to have only a few visitors. Send out a press release. Announce the show everywhere by creating an event page and post regularly. Put the full information on your website or blog. Photograph your space when it is all set up to use on social media for publicity. Be prepared to talk about your work and about the story behind each piece. Be prepared with answers to awkward questions like: How long did it take to make? Why does it cost so much, what does it mean? Can I pay in instalments? Can I get a discount? Do you take special orders? I do not understand art/my child could make that. Sometimes they are genuinely interested and do not know how to get the conversation started. If you have thought about them in advance, then you can give considered answers or direct the conversation the way you want it to go. Be friendly to everyone. Introduce yourself to strangers. Acknowledge new visitors if you are busy. Avoid being monopolised. After you have made a sale get all your new collectors contact info. A form to fill out with a few questions has been suggested. Update your website in advance as you should get many new visitors right after the event if you have given out cards. And have contents/liability insurance sorted, if necessary.   Debrief as soon as it is over and make notes for next year or you will forget something that you thought was such a revelation that you could not forget it. Save signage if you can reuse it. Follow up on all commissions and obligations right away. Email your new mailing list sign-ups to welcome them. How to improve your chances of getting work? We all know that the jobs and opportunities market is tough and there is lots of competition. Artists and arts freelancers are having to work hard to locate and win the opportunities on offer. Being successful often depends as much on who you know and how you promote yourself as it does on responding well to a call for submissions. Here is some of the tactics you can use to gain an edge during your own search for work and opportunities. 1.     Broaden your horizons: do not limit yourself to things you have done already, but think about your transferable skills and experiences, and see how they relate to a wider range of work opportunities on offer.   2.     Professional development: look strategically into professional development and training opportunities that not only increase your employability but enhance your CV.   3.     Be open-minded: thinking laterally may get you into new contexts. Once you get your foot in the door, you will then have a chance to prove yourself.   4.     Think ahead: research those in your chosen field or location and find out what they are doing and about their future plans. You may get into their grant application as a named collaborator, rather than have to wait for the open submission.   5.     Cast a wide net: General job boards can be useful but be aware there is a lot of dross to wade through and that industry and trade association web sites like a-n’s have the more targeted career opportunities.   6.     Network online and off: Tell everyone you know that you are looking for paid work and interesting opportunities, whether in person or using your social or professional networking sites.   7.     Manage your digital footprint: Think your friends are the only people who viewed those less-than-professional holiday photos you posted online? Think again. With a few mouse clicks, potential commissioners and employers can dig up information about you on blogs, personal websites, and personal networking site profiles, so make sure you do a thorough self-search and take any necessary corrective action.   8.     Customise: Tailor your CV and cover letter for each opportunity. Employers want to see why you are the right person for their job, not everything you have ever done.   9.     Enhance your marketability: Find out what skills are most in demand and take steps to give yourself an edge in these areas. Focus on sharpening both functional and people skills.   10.  Converse with organisations who employ artists and arts freelancers: These people can provide useful feedback on your CV and prospects, know what is coming up within their own organisation and across their network. Some may even provide informal mentoring and advisory opportunities.   Sell, sell, sell? Artists, collectors, gallery directors, curators and dealers offer tips and guidance on selling your work and maintaining relationships with clients and collectors. Take the time to learn what interest’s collectors, i.e. which practices and works they are most drawn to, so you can tailor your approach and avoid bombarding them with everything you show. I would recommend keeping a contacts database and emailing list for everybody you have met who has shown interest in your work. Wherever possible, keep some private notes on more detailed background info on that person, such as where you met, what you discussed, any info they gave you on their interests, home, family, collection, or general art interests and if you have any shared interests in particular. If it is somebody who has bought your work before, keep a record and remember what it is they said they liked about the work, as this will help when you make a new work and want to share it with a few select people. Send superior quality images from the studio as this could make the difference between a sale or not and whether they fully connect with what you are doing. Sending an image of new work is also a good excuse to invite them to the studio to see the work in the flesh, and it also gives you important feedback. Make sure you have a sense of titles, prices etc. Before you send images and have them in your studio. This avoids both embarrassment and selling the work too cheaply. I would also suggest being generous in relation to other artists and your knowledge – collectors are always keen to know artist’s opinions on other artists and exhibitions, this is how they learn and stay connected. Do be kind to your peers! Artists supporting other artists builds long sustainable networks and so staying on top of what your peers are doing and visiting other’s exhibitions is really crucial. Artists reward each other’s generosity and often this can lead to shows, introductions to other collector and writers. Collectors talk to lots of people in the artworld, so it is good to be a touch point and build friendships where possible, as they will support you, even when they do not buy something. Many introductions to collectors come about through galleries. This is a working relationship however that does not mean I completely hide away behind a closed studio door! It is both enjoyable and beneficial to welcome studio tours from curatorial and collector groups. A gallery is not just about financial sales, it is also about ongoing support in you as an artist and the development of your career. Also, when someone buys work it has a long-term effect as it is a belief in my practice and enables me to continue with my work; this is one reason why I always enjoy meeting those who have collected my work and like to keep in touch over time to show them how my work evolves in the future. It is paramount to have high quality images of your work. This is often how many collectors first see an artist’s work. It is an effective way of demonstrating that what you do matters, that you are serious and professional in intent; the photographs of your work speak for you in your absence. Employing the services of a professional photographer is not cheap but it is worth the expense, not just for the sales. When I left my studies, I wanted time to establish myself in my studio and to learn how to make my work outside of college and to understand for myself what I was doing before thinking about commercial representation or the market. However, like any emerging artist, I knew I had to make an income. At this early stage in my career there was no contract, but an informal agreement to give a percentage of income from any work sold directly through involvement and proved to be a mutually beneficial relationship. I have sometimes seen work I have liked and the more the artist has spoken about it the less I have liked it. Other times work that has not initially engaged me has really grown on me the more the artist has spoken about it – to the point of purchasing. Do not assume your work speaks for itself? I have bought artwork for under £300, and a year after I had bought it the work began coming away from the mount very badly. I contacted the gallery, and they contacted the artist. They all offered advice as to where I could take it to be remounted – but did not offer to take responsibility for it. I suggested to them it was their responsibility to pay for the remounting work as this was not ongoing conservation but correcting a fault in the original mounting. Really, I thought, I will not buy from that gallery and artist again. I went to a gallery opening once and they had done everything just in time – except print the price list. After half an hour all the potential collectors left, so have a think about your priorities. Do those priorities change depending on the circumstances at any given time? We are all busy with work! And is not sending me a certificate of authentication part of the work? Surprisingly, few artists stay connected. First, we must like the work! It helps if the artist is present and can also talk clearly about the work, giving it context. If not the artist, then a knowledgeable and empathetic gallerist can be a good substitute. The price needs to be realistic and accessible which is not to say it must be cheap. It should reflect the time and effort that has gone in to it and be appropriate in relation to the artist’s stage of development. We buy art that we like because we want to support the artist and encourage them to continue making work. We always want to see what they will do next. The works we buy are not in storage; they are on our walls, shelves, and tables. Artists are in the best possible position in the art world when it comes to having a privileged relationship with a collector. For clients, talking to the artist is the primary emotional driver. However, if you struggle to speak confidently or passionately about your own work and practice, I will seriously recommend you find someone else you trust who can. Most collectors or art want to meet people that love talking about art and exchanging ideas. It is of course not particularly healthy to be thinking about sales when you are making work, but later on it is good to think about how you would deal with a purchase enquiry. Collectors can be quite adventurous in what they will buy, particularly if they see it as a way of supporting your practice, so it helps if you can be clear, confident, and straightforward in your response, even to unexpected enquiries. And if you are open to negotiation, then say so. Sometimes a relationship starts with a sale, sometimes it culminates in one, sometimes an ongoing exchange is fruitful on its own terms. In all cases it is vital to stay in touch: develop a mailing list, and if someone gives you their email address, make it a priority to send them details of news and subsequent shows. It amazes me how few artists have stayed in touch in spite of an express invitation to do so! 1.      Compare, Compare, Compare Buyers will often compare artwork for sale so it should be key for you to do this too. Look at artworks like your style and size by artists with similar experience and see what they are charging. Ensure you spend time doing this and look across several galleries and artists. The internet is a helpful resource for this. 2.      Value your experience Experience counts for a lot, especially if you have a sales history. It should tell you what you could expect from your work and the market. However, be sure not to jump up in huge increments as no one likes to see work having to be reduced in price, it is a real put off for buyers. Steady and realistic increases should be rolled out over time. Any good gallery should help you with this if asked. 3.      Gallery Commission Be sure to factor in the gallery’s commission in the sales price rather than slap it on top at the end as this will often make your pricing unrealistic. On this note “ always make sure the commission is fair for both parties, and you know any other costs the gallery charge. Only ever charge a commission when the work is sold and never charge a membership/sign on fee, but some do so be sure to check and adjust your prices accordingly.   4.      Start timing what you do All other skilled traders charge for the skill and time on some form of day/hourly rate. Figure out how long you spend working on a piece and apply an hourly rate, this is something a lot of artists over look. Of course, you need to be realistic with this but just bear it in mind as you work on it. 5.      Materials Recovering the cost of your materials should, without doubt, be incorporated into the sale price of your work, this is particularly key when framing comes into play as buyers expect to pay more for both high-quality materials and framed work. We always recommend using the best materials you can sensibly afford and tell buyers/galleries that you have used good materials as it helps justify your selling price. 6.      Delivery Something to make clear to the buyer from the outset is if delivery is included or excluded from the sale price you give. It is also important to make it clear if delivery is international or UK based. There is no need to worry about delivery, however different galleries and buyers work in diverse ways so be truly clear about delivery. We also suggest offering to ship overseas, but for them to contact you so you can sort out a bespoke delivery cost for them. Contrary to widely held belief, art galleries do want to look at new artists artwork! Running a gallery should be a healthy mix between managing current artists, finding new artists, finding new buyers, and servicing existing buyers’ priorities often on an hourly basis and so it is key to grab the galleries attention and keep it. Some galleries have times of year they look for new artists but good, yet initiative-taking ones will always keep an eye out. Remember to build relationships? Be a consultant and curator and offer advice on how to generate sales and develop a market for your work, through building relationships with clients and collectors. As an artist you might wonder why it is important to think about cultivating collectors for your work. Surely, it is enough to concentrate all your energies on building a strong practice and the sales and financial stability will naturally follow. In exceptional circumstances, but for the vast majority not – you need to take this as seriously as any other aspect of your career. Unless you are fortunate enough to secure commercial gallery representation and a dealer early on in your career who will take care of the market on your behalf – it pays to take matters into your own hands.     Many artists have grave, often conflicted, feelings about the market for art. I am not suggesting there are no pitfalls, but to ignore it would be to deny yourself the enormous potential benefits, not least an income, however irregular. So with this in mind, here are my recommendations for building relationships with clients and collectors. Do your homework into the market and the profile of potential collectors as there is ‘no one size fits all’ here. Just as artists have different career aspirations, likewise collectors come in all shapes and sizes. The serious collectors of art tend to gravitate towards London and the other major cultural capitals around the world. They often have close relationships with commercial galleries, employ the services of advisors, and buy from artists whose work has already been deemed to be significant by the main players within the art world. If you are based outside the capital and without commercial representation it is extremely hard to get your work in front of these individuals. It might be better to start by targeting collectors closer to home. Whilst the market for art outside is still in its infancy there is plenty of encouraging research to suggest there is enormous potential, and yet, untapped market across the UK. It is wise to spend some time finding out more about what makes these collectors tick by asking, what do they buy? What motivates them? How much do they spend on art? How regularly? Where do they buy from? Some publications contain some useful insight, but there is no substitute for talking to the collectors themselves. Unfortunately, there is no directory, so you need to do a little detective work. Start by approaching some of the professionals and organisations who are already collaborating with collectors in your locale, for example, commercial galleries and agencies, freelance consultants, public institutions with patron and supporter schemes and other more established artists with an existing network of clients. Bear in mind there is no certainty they will be happy to share their knowledge, but nothing ventured nothing gained. It is also smart to invest time networking at the events where collectors are likely to congregate such as open studio events, selling exhibitions or art fairs for example, and actively seek out introductions and be prepared with further details about your work and business cards. Better still ask for their contact details and permission to add them to your mailing list. With patience and determination, you will begin to build a better sense of who the potential collectors are and what they are looking for. Equipped with this knowledge you will be in a stronger position to develop a plan for how to build your own network of collectors and keep the net wide open. It is best not to pre-judge who might be a potential collector; they do not all stride around proudly declaring themselves as such. Neither is extreme wealth necessarily a prerequisite, some of the most respected private collections have been formed on a modest budget and a discerning eye. As such, my strong advice would be to treat everyone and anyone as a potential collector regardless of first appearances. Many artists also forget that other arts professionals also buy art and in fact make up a significant share of the market, so in short, do not dismiss anyone! Make sure they are backing a winner? Whilst most collectors make a purchase because they fall in love with the work, it’s worth remembering that they’re often parting with significant amounts of their hard-earned money and other, less emotional considerations will come into play before they decide to make the leap. Some of the questions they might ask themselves include: Is the artist serious about their career? Am I investing in someone who will maintain a practice or go on and achieve remarkable things? Is my judgement shared by those knowledgeable? I once had a studio visit with an artist and group of collectors. Where one of the collectors who was extremely interested in buying something, got into a conversation after the visit. When the collector asked about future ambitions, no sale was made. It was not the only determining factor for the collector, but it certainly didn’t help being given the impression I had such little faith in my own practice. So, always speak confidently about your work and don’t be afraid to share your long-term career aspirations. It’s also worth mentioning any public collections or private collectors who have bought your work or expressed an interest in doing so. Collectors like to feel they are backing and supporting an artist who is serious about their career, even at a formative stage, and that their judgement has been validated by others. What is in the Dragons’ Den? It’s not something a lot of artists feel confident about doing, but it is essential that you are able to talk about your work in a clear, concise, and confident manner. You don’t have to be Winston Churchill, just be prepared to communicate in your own relaxed style all the key facts including: an overview of your practice; details about specific works you consider defining; and future with work-in-progress. Don’t fall into the common trap of quoting niche art theory. This will only wash with your peers who are well-versed with the idiosyncrasies of the art world, but remember many collectors invariably come from completely different professions and are likely to be at best confused, or at worst turned off. Try and imagine you have a fixed amount of time to convince them you’re worth investing in, and assume they have no prior knowledge about your practice, the wider art world, or the history of art, and try to speak in an accessible way that anyone could understand. If it helps, practise on someone who is prepared to provide honest and constructive feedback. The same principle should extend to every other form of communication you employ including your website, social media, and any interpretation you write for exhibitions and events – be consistent. Poor written and oral communication skills are one of the biggest barriers to facilitating a deeper engagement for many collectors. How to maintain relationships with clients and collectors? If you want to build a long-term relationship with a collector, the pricing and sale of a work is just the start. The aftercare is vital to ensure continued relationships with clients and collectors. Recommendations on how to achieve this are outlined below, including some suggestions for further reading around the market. Being clear about how you get your pricing is critical in the art world where work now comes in a bewildering array of forms, and value is no longer based purely on the demonstration of craft or technical skill, many collectors find it hard to determine value and whether they are paying a fair price. To be honest they’re not the only ones, it’s something artists find tricky too. However, there is some good guidance out there and it’s worth doing the research. Some collectors may want to know how you have calculated the price, and you will need to be able to justify it. They will want to be assured that you won’t decide in the future you’ve over-inflated the price of your work and start to sell it for less – this is a sure-fire way of ending a relationship, furthermore, collectors sometimes want to negotiate on the price or at the very least be offered a discount – so be prepared. Don’t be shy about stating the price of your work because the more up-front you are, the more likely you are to sell your work. Remember some people don’t like to ask, often for fear of not being able to afford it. Also, make sure you have work for a range of budgets. All sales help, but equally a small purchase can often lead to a larger one later. It doesn’t just stop at the sale I have witnessed countless relationships ruined by poor professionalism; from the outset this will help build trust. Supply all the relevant paperwork – for example, an invoice including the terms and conditions of the sale, a receipt or proof of purchase once payment has been made and/or a signed certificate of authentication. Although it’s hard to enforce, there’s no harm in requesting they inform you if they decide to subsequently sell the work and ask the new owner if they mind being added to your records. Tracking the location of your work is important as you might want to borrow it back for an exhibition. Agree a date for delivery of the work and stick to it. Determine who will be responsible for arranging transport, costs, and insurance in advance of any money being exchanged and at what point the work becomes the responsibility of the purchaser. Make sure the work is appropriately and safely packed for transit – more damage to artworks is done during transit than at any other time. Although normally the domain of institutional loans you might even consider producing a condition report detailing the physical state of the work when it leaves your possession and signed by both you and the courier. On an additional note, prior to the point of sale it can be wise to put yourself in the position of a collector and consider the practicalities of living with the art at home. Even the wealthiest people have limited wall and floor space, and no-one really wants to buy art just to keep it hidden away in storage. So how easy is it to show your work in a domestic context? Are certain works easier than others? Can you adapt your work or produce imaginative solutions for how it might be shown in the home? If your core work is challenging to collect, then you could look at how other more established artists have made work that can be lived with in the home. Provide advice on how best to look after and preserve the work – light and humidity levels especially are critical and liable to fluctuate wildly in a domestic context. Remember it is in your interest too that the work is kept in as good a condition as possible, so if the work needs framing or special display devices recommend someone reputable who can supply them. It seems so obvious it hardly seems worth saying, but if you want to maintain a relationship with a collector you need to stay in touch, do not fail to do this. Even if someone hasn’t bought anything from you yet, if they have expressed an interest then make sure they are added to your mailing list. Keep them regularly informed of developments in your practice and make sure that that they receive invitations to the private views of the exhibitions you are in. You might also like to arrange special visits to your studio and give them a privileged insight into your workplace and work in progress. Collectors often like to take their time and follow an artist’s practice and career progress before making a purchase. They might buy something small and modestly priced to begin with before spending more later. Be careful not to bombard them with too many emails, be judicious but make them feel involved and special. How to vary your work? Too similar or too different for a gallery is an anathema as they like to ensure they always have a good variation of work and not be too dull from piece to piece. It is often not so much the individual artist that is considered, but how that art fits into the current mix. The gallery will not want to have two hundred bits of work that are all remarkably similar but at the same time they do not want to have two hundred bits of work that are all so different their clients are unable to work out what they are good at. Offer a varied portfolio without being so varied the gallery cannot see a similarity between the work and a style that is present throughout all your work. Most artists undervalue their work, and occasionally there is an artist with an unrealistic sense of how to price their work. To be on top of your pricing; compare your level of experience, chosen subject and medium with others at the gallery and across the market, value your time and be aware of commission, try incorporating this percentage at an earlier stage. The obvious one is to ensure you cost in materials used. Most galleries will understand a slightly higher price means better quality materials and will prefer this, so they know what they are selling is the best of the best for their clients. Trust is often overlooked but is, one of the most important things when working with an artist, so galleries need to be sure that the work offered is genuine and if it is sold elsewhere then remain notified as soon as possible. Gallerists need to be sure that they will be paid promptly and given the correct exposure, so without trust, which needs to be won from both sides, the relationship between both parties will be difficult and often crumble. Speak on the phone/meet rather than just email because a voice or face is better than just a computer screen and helps build that trust. Both the artist and the gallery need to have a level of trust and comfort that will guarantee honest communication. If a gallery perceives you as being a difficult person to work with, they tend to veer away as it is time consuming, and they never want to expose their clients to risk. Always be honest and open about where else your work is being shown and make clear any concerns you have about the gallery/your work. Think of it as a job interview and have ready an up-to-date bio on yourself, including any awards or exhibitions you have been a part of, as the gallery will always ask for a bio and example images of your work. DO NOT show bad images of your work and ensure they are well cropped and clear; you would be surprised how many times poor photos do not show what is the most important thing we need to see. Don’t hound the gallery with emails and calls but at the same time be persistent so it shows you are keen. The gallery needs you just as much as you need them so look around for the right gallery that will fit with you. A key thing to look for is the current price of the work for sale, as there is no point approaching a gallery who sell a lot higher or lower than you as they have a market, they service for their price point and so to add variations of this would be a waste of everyone’s time. Today, there is enough information online that will allow the artist to make a reasonable judgment on whether that gallery is a good prospect for you or not. Keep the gallery up to date with your latest work/latest shows/work in progress every month or so but do not hound them with un-interesting facts. If you use social media, ask them to follow you so they can stay up to date that way. A call once every few months to stay in touch is a clever way to help build trust and maintain the relationship. Galleries will have a tried and tested set of terms and conditions for their artists and unless under an exceptional circumstance will not be changed on an artist-by-artist basis. If you are not happy with the terms or want to know more about what they mean, then ask. The terms are there to help both parties. Always read them in full and ask any questions you need to, so you are 100% happy. Galleries should be ok with wanting to know more about how they work and be ready with a suitable answer. Artists that don’t read the T&Cs often frustrate galleries further down the line causing issues in the partnership. With reference in kind too............... (a-n) The Artists Information Network Jackson's Art Blog (A©ID) Anti Copying in Design

  • PRINCIPLES

    Opinions I have a responsibility to guarantee that my products are sustainably sourced as well as ethically procured and conservation friendly. This allows me to hold products insurance, to cover my professional indemnity, and public liability assurance, and provided the conditions are safe and secure, the item's will last up to one hundred years or more under normal circumstances. This is because I advocate for the ethical use of the world's network of natural resources, and can determine a commonly agreed set of principles, which demonstrate the conditions of manufacture, and begin to raise the standard of working production, into a consistently high quality of life for everyone. And so, by protecting the environment in which ®All Seasons Art Studio operates, with a continuing commitment to improve its civil processes across all business interests and encourage my business partners and those in the wider community to help support this effort globally. ®All Seasons Art Studio is developing an action plan to supplement periodic reviews on performance and will grant access to these outcomes only in the appropriate manner and at the appropriate time. I recognise these key impacts: My energy use. The procurement process. Waste generation onsite and remotely. Emissions produced that go into the atmosphere. General water use. Company transportation policy. General procurement of all products, equipment, and supplies. And will strive to: Embrace environmental standards in all areas of operation and to exceed relevant legislative requirements where it is reasonably practicable. Assess work processes and highlight where I can minimise impacts. Minimise waste through careful procurement and recycling processes. Procure sustainable products wherever feasible e.g. [recycled, FSC or low environmental impact products and energy from renewable sources]. Provide information, instruction and training in good social practice and remedial actions. Reduce accident and incident risks from environmental impacts for all people who may be directly or indirectly affected by the businesses processes. Adopt and maintain a transport strategy that is environmentally friendly. Include environmental and ethical methods when deciding on affiliated opportunities. Improve on developing solutions to environmental impacts. Continually monitor and assess the impact of all operations. By being committed to encouraging ethical standards in the public realm. To eliminate unlawful acts of coercion, misconduct, eco-vandalism, discrimination, harassment, sectarianism, bullying, negligence, wilful sabotage, abuse, violence. The aim is to truly represent all sections of society and for each person to feel respected and able to give their best, as such the organisation - in providing goods and/or services and/or facilities - is committed to being against unlawful practices in this country. ®All Seasons Art Studio belongs to an independent approach in the community on account of being able to demonstrate and give instruction on the Arts and Humanities under the Protection of Vulnerable Groups Scheme. By which my purpose is to: 1. Provide equality, fairness, and respect for all in good conduct, whether temporary, part-time, or full-time. 2. To not discriminate because of the Equality Act 2010 protected characteristics of: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (including colour, nationality, and ethnic or national origin), religion or belief, sex, sexual orientation, 3. Oppose and avoid all forms of unlawful discrimination included in: pay and benefits, terms and conditions of employment, dealing with grievances and discipline, dismissal, redundancy, leave for parents, requests for flexible working, selection for employment, promotion, training, or other developmental opportunities, My commitment to: 1. Encourage equality, diversity, and inclusion in the public and private realms, as it shows good practice and makes good business sense. 2. Create an environment free of bullying, harassment, victimisation, and unlawful discrimination, promoting dignity and respect for all, and where individual differences and the contributions of all are recognised and valued. This commitment includes the and support of human rights and responsibilities under the equality, diversity, and inclusion policy. 3. Which means helping myself and my affiliates conduct themselves appropriately, by helping to provide equal opportunities in employment, and prevent bullying, harassment, victimisation, and unlawful discrimination. 4. I understand, as well as my affiliates, that we can be held liable for acts of bullying, harassment, victimisation, and unlawful discrimination, in the course of their employment, against fellow employees, customers, suppliers and the public. 5. I take complaints of bullying, harassment, victimisation and unlawful discrimination by fellow employees, customers, suppliers, visitors, the public and any others during the organisation’s work activities seriously. Such acts will be dealt with as misconduct under the organisation’s grievance and/or disciplinary procedures, and appropriate action will be taken. 6. Particularly serious complaints could amount to gross misconduct and lead to dismissal without notice. Further, sexual harassment may amount to both an employment rights matter and a criminal matter, such as in sexual assault allegations. In addition, harassment under the Protection from Harassment Act 1997 – which is not limited to circumstances where harassment relates to a protected characteristic – is a criminal offence. 7. Make opportunities for training, development, and progress available to all who will be helped and encouraged to develop their full potential, so their talents and resources can be fully utilised to maximise the efficiency of the community. 8. Make decisions concerning my affiliations to be based on merit (apart from any necessary and limited exemptions and exceptions allowed under the Equality Act). 9. Review business practices and procedures when necessary to ensure fairness and update them and the policy to take account of changes in the law. 10. Monitor my circle of influence regarding information such as age, sex, ethnic background, sexual orientation, religion or belief, and disability. So as to encourage equality, diversity and inclusion by meeting the aims and commitments set out in this policy. Monitoring will also include assessing how the practice and any supporting action plans are working, by reviewing them annually I consider taking action to address any issues. If you wish to file a grievance, put the grievance in writing to my choice of advocacy service which in my case is ACAS (The Advice, Conciliation and Arbitration Service). You should keep to the facts and avoid language that is insulting or abusive. Grievance hearing: ACAS will call you usually within five working days, to discuss your grievance. You have the right to be accompanied by a colleague or trade union representative. After the meeting you will be given a decision in writing, usually within 24 hours. If the manager needs more information before planning, they will inform you of this and the timescale. Appeal: If you are unhappy with the decision on your grievance you can raise an appeal, and you should tell your solicitor. You will be invited to an appeal meeting, normally within 5 working days, with a more senior manager at ACAS or myself ©Mr Daniel M. Fisher. You have the right to be accompanied by a colleague or trade union representative. After the meeting I will give you a decision, usually within 24 hours. My decision is final. Operational procedure: I use this procedure to help and encourage all my clients and customers to achieve and maintain good standards of personal conduct and job satisfaction. The company rules and this procedure apply to all parties within the sphere of the law, with the aim of ensuring consistent and fair treatment for all parties concerned A hearing process can be stressful for everyone involved as different people might respond differently to stressful situations. I understand the prospect of legal action might cause distress and affect mental health, so please talk to your named person, guardian, or manager before taking legal action. I only consider formal action where appropriate, and do not take remedial action against you until the case has been fully investigated. For formal action I will advise you of the nature of the complaint and give you the opportunity to state your case before any decision is made at a case meeting. I will provide you, where appropriate, with written copies of evidence and relevant witness statements before a hearing and will only dismiss you for a breach of protocol in the case of gross misconduct, when the penalty is dismissal without notice and without payment in lieu of notice. You have the right to appeal against any disciplinary action at any stage if the alleged misconduct needs this. You have a statutory right to be accompanied by a companion where litigation could result in: A formal warning, Some other disciplinary action, Confirmation of responsibility, The right is to be accompanied by: Someone you work with, A trade union representative who’s certified or trained in acting as a companion, An official employed by a trade union, You should tell your authority as soon as possible if you would like a companion so I can decide in suitable time, and if you need any adjustments for example in the case of a disability speak to your representative. The procedure: The first stage of formal procedure will normally be either: A warning about unsatisfactory behaviour if relations do not meet acceptable standards. This will set out the problem, the improvement that is required, the timescale, any help that may be given and the right to complain. I will advise you that this is the first stage of the formal procedure and will keep a note for future reference, but it will then be considered spent – if you achieve and maintain satisfactory levels of conduct. Or a first warning for misconduct if conduct does not meet acceptable standards. This will verbally set out the nature of the misconduct, the change in behaviour required and the right of appeal. The warning will also tell you that a final written warning may be considered if there is no sustained satisfactory improvement or change. I will keep a record of the warning but would be disregarded for long term purposes. In my final warning I might give you a written warning if: The offence is sufficiently serious, There is further misconduct, There is a failure to improve relations, This will confirm the full details of the complaint, and the improvement required. It will also warn that failure to improve may lead to dismissal or some other action short of dismissal and will refer to your rights within the equality and human rights commission. I will keep a copy of this written warning, but it will be disregarded for disciplinary purposes if you achieve and maintain satisfactory conduct or performance. Dismissal or other action: If there is still further misconduct or failure to improve behaviour the last step in the procedure may be dismissal or some other action short of dismissal such as blocking, distancing, or segregation, otherwise known as dismissal. Dismissal measures can only be taken in the appropriate circumstances, and you will be provided with a warning: Reasons for dismissal, Date the event happened, Confirmation of all final payments owed, Right to appeal, If an action short of dismissal has been decided on, you will: Receive confirmation of the full details of the complaint, Be warned that dismissal could result if there is no satisfactory improvement, Be advised of the right of appeal contractual obligations, You should heed the warning if you achieve and maintain satisfactory conduct and behaviour. The following list provides some examples of offences which are normally regarded as gross misconduct: Use of Physical violence and bullying, or discrimination, harassment, and victimisation, which violate human rights regulations. Deliberate and considerable damage to - or misuse of - my organisation’s property or name which amounts to theft or fraud. Bringing my organisation into serious disrepute by purposely causing loss or damage or injury through negligence. I might consider carrying out an investigation if there is a significant issue in the situation, by which I will tell you that there is a serious breach in my code of conduct. I do consider each situation carefully before deciding on the need for more investigation or action, but a suspension of services does mean you are unlawful in some manner. I understand this might be stressful so I will only suspend support and operations if there's no other option and always consider your mental health and wellbeing as part of the decision-making process. Appeals: If you want to appeal against any of my decisions, you must do so within a few days as I do hear all appeals, but the courts and their decision is final. At the appeal, any disciplinary penalty imposed will be reversed only if my decision is found to be biassed, unlawful, or of another dishonest motive. Use of the organisation’s grievance procedures does not affect the client's right to make any informal grievances and complaints about my work or practices. You should start by speaking with me whenever possible, as we may be able to agree on a solution between us, as the person causing the harm may be a stranger but, they're usually in a position of trust and power, such as a healthcare professional or manager of which there can be many forms of abuse and neglect. Sexual abuse includes: indecent exposure, sexual harassment, inappropriate looking or touching, sexual teasing or innuendo, sexual photography, being forced to watch pornography or sexual acts , being forced or pressured to take part in sexual acts rape Physical abuse which includes: being hit, slapped, pushed, or restrained, being denied food or water, not being helped to go to the bathroom when you need to , misuse of your medicines, Psychological abuse which includes: emotional abuse, threats to hurt or abandon you , stopping you from seeing people, humiliating, blaming, controlling, intimidating, or harassing you, verbal abuse, cyberbullying and isolation, an unreasonable and unjustified withdrawal of services or support networks, Domestic abuse is typically an incident or pattern of incidents of controlling, coercive or threatening behaviour, violence, or abuse by someone who is, or has been, an intimate partner or family member. Discriminatory abuse includes some form of harassment, slur, or unfair treatment because of: race , sex, gender and gender identity, age, disability, sexual orientation, religion, being married or in a civil partnership , being pregnant or on maternity leave, There is also a duty to report any alleged incident of harm to the authorities and investigations are handled sensitively, the person's wishes are considered but if the concerns are serious, the authorities should act immediately to make sure the person at risk is safe. Information and advice will be offered so that the person and their family can decide what practical help they need, or what action they wish to take. If they are unable to decide, care will be taken to support and protect them. In Scotland, the adult protection procedures give organisations and individuals guidance on reporting and responding to situations where it is suspected, alleged, or known that a vulnerable person has been abused. Who are adults at risk? An adult is an individual aged sixteen or over. Adults at risk have additional support needs and are dependent on others. They might be older people who are dependent on the help of others, people with learning disabilities, people with a physical or sensory impairment, people with mental health problems, people unable to protect themselves from serious harm or being taken advantage of, and people who are controlled or suppressed by dominant partners. Most people with additional support needs manage to live their lives comfortably and securely, either independently or with help from caring relatives, friends, neighbours, professionals, or volunteers. However, for a small number, dependence on someone may produce conflict, exploitation and harm. Every individual has a right to a life free from fear and be treated with dignity, have their choices respected and not be forced to do anything against their will. What is harmful or hurtful conduct? Conduct causing physical harm - including that of a sexual nature, conduct causing psychological harm - such as causing fear, alarm or distress, unlawful conduct which appropriates or adversely affects property, rights, or interests - such as theft, fraud, embezzlement or extortion, or conduct causing self-harm. Any adult at risk can experience harm, or be at risk of harm, in their own home, care homes, day services or hospitals. The supporting and protecting adults from harm procedure, defines the Interagency Support and Protection of Adults at Risk. It provides a framework for recognising and responding to situations where adults may be at risk of harm. They have been reviewed and revised by considering the Adult Support and Protection (Scotland) Act 2007, local experiences, and amendments to associated Codes of Practice. The procedures are statutory and all independent sector organisations in Scotland must comply with them. It aims to help workers recognise when an adult may be at risk and how to respond. It covers: Definitions and patterns of abuse, Principles of investigation, Recording information, and dealing with issues such as capacity and risk assessment, Internet frauds and doorstep crime are common forms of financial abuse and can be someone stealing money or other valuables from you. Or it might be that someone appointed to look after your money on your behalf is using it inappropriately or coercing you to spend it in a way, you're not happy with. Neglect includes not being provided with enough food or with the right kind of food, or not being taken proper care of, leaving you without help to wash or change dirty or wet clothes, not getting you to a doctor when you need one or not making sure you have the right medicines all count as neglect. You're more at risk of abuse in your home if you're isolated and do not have much contact with friends, family or neighbours and you have memory problems or difficulty communicating with your care giver. Or if you do not get on with your carer because they are addicted to drugs or alcohol and relies on you for a home, financial, or emotional support, find out more about domestic violence and abuse. If you think you're being abused or neglected there are many people you can talk to. If you feel you are being abused or neglected do not worry about making a fuss. Tell someone you trust as soon as possible i.e. speak to friends or care workers who may have an understanding of the situation and be able to take steps quickly to improve the situation. Or talk to professionals such as a GP or social worker about your concerns, or ask to speak to your local council's adult safeguarding team or co-ordinator. And if you believe a crime is being, or has been, committed – whether it's physical abuse or financial – talk to the police or ask someone you trust to do so on your behalf. The advice for carers in spotting signs of abuse in adults is not always easy, but to spot the signs of abuse in a person being abused they may make excuses for why they're bruised, may not want to go out or talk to people, or may be short of money. It's important to know the signs of abuse and, where they're identified, gently share your concerns with the person you think may be being abused. If you wait, hoping the person will tell you what's been happening to them, it could delay matters and allow the abuse to continue. Behavioural signs of abuse in an adult can include: becoming quiet and withdrawn, being aggressive or angry for no obvious reason, looking unkempt, dirty, or thinner than usual, sudden changes in their character, such as appearing helpless, depressed, or tearful, physical signs – such as bruises, wounds, fractures, or other untreated injuries, the same injuries happening more than once, not wanting to be left by themselves or alone with particular people, being unusually lighthearted and insisting there's nothing wrong, Also, their home may be cold or unusually dirty or untidy, or you might notice things missing, Other signs include a sudden change in their finances, such as not having as much money as usual to pay for shopping or regular outings or getting into debt. So, watch out for any official or financial documents that seem unusual, and for documents relating to their finances that suddenly go missing. If you feel someone you know is showing signs of being abused, talk to them to see if there's anything you can do to help. But if they're being abused, they may not want to talk about it straight away, especially if they've become used to making excuses for their injuries or changes in personality. Do not ignore your concerns, though, because doing so could allow any abuse to carry on or escalate. What should you do if you're worried about someone who may be experiencing abuse or neglect. Start by talking to the person in private, if you feel able to do so. Mention some of the things that concern you – for instance, that they've become depressed and withdrawn, have been losing weight or seem to be short of money. Let them talk as much as they want to. But be mindful that if they've been abused, they may be reluctant to talk about it because they are afraid of making the situation worse, do not want to cause trouble, or may be experiencing coercion or threats. Stay calm while the person is talking, even if you're upset by what you hear, otherwise they may become more upset themselves and stop telling you what's been going on. As it can be very difficult for an abused or neglected person to talk about what's been happening to them. Unless you're concerned for their immediate health and safety and feel it's vital to act straight away, give them time to think about what they'd like to do. If you're right and the person has been abused or neglected, ask them what they'd like you to do. Let them know who can help them, and tell them you can seek help on their behalf if they want or if it's difficult for them to do so themselves. It's best not to promise the person that you will not tell anyone what's been said. If an adult is being abused or neglected, it's important to listen to what they say and not charge into action if this is not what they want. If an adult has told you about their situation, you might want to talk to other people who know them to find out if they have similar concerns. There are also professionals here that you can contact and pass on your concerns to e.g. the person's GP or local authority social workers who deal specifically with cases of abuse and neglect. Call the person's local council and ask for the adult safeguarding co-ordinator. You can also speak to the police about the situation because some forms of abuse are crimes, so the police will be interested. What is the procedure? What is needed to describe how personal data is used about you in accordance with the General Data Protection Regulation (GDPR). The “Controller” of the personal data you provide will collect basic personal data including name, address, e-mail, and telephone number about you. They might also include any special categories of personal information about you (known as Special Category Data). You need to supply your basic personal data usually to provide support, and information will not be collected from you that you do not need to provide and oversee the service to you. After your consent to comply with a legal duty to protect your own (or a third party’s) lawful interests, provided your rights don’t override these. In any event it is only used for the purpose it was collected for and may be processed for certain legitimate reasons, which might include some or all the following: to identify and prevent a crime, to enhance security, to better understand an incident, to provide clearer communication, to determine the response effectiveness, Whenever data is processed for these purposes, it ensures that your personal rights are in high regard and always take account of these rights. When data is processed for legitimate interests, the authorities make sure to consider and balance any potential impact on you (both positive and negative), and your rights under data protection laws. Legitimate interests do not automatically override your civil rights - and the organisation will not use your personal data for activities where personal interests are overridden by the impact on you (unless your consent or otherwise is required or permitted to by law). You have the right to object to this processing if you wish, but please bear in mind that if you object this may affect the ability of the authority to carry out the tasks above for your benefit. Data is only used and stored for so long as it is required for the purposes it was collected for. How long information will be stored depends on the information in question and what it is being used for. Practices are continually reviewed and whatever information is held is deleted when it is no longer required, as your data is not processed for any longer than is necessary. What are your rights? I want to reassure you that you remain in control of your personal data. Part of this is making sure you understand your legal rights, which are as follows: The right to confirmation as to whether the organisation has your personal data and, if it does, to obtain a copy of the personal information held (this is known as a data subject access request). The right to have your data erased (though this will not apply where it is necessary for us to continue to use the data for a lawful reason). The right to have inaccurate data rectified. The right to object to your data being used for marketing or profiling; and where technically feasible, you have the right to personal data you have provided which is processed automatically based on your consent or the performance of a contract. This information will be provided in a common electronic format. Please keep in mind that there are exceptions to the rights above and, though the authorities will always try to respond to your satisfaction, there may be situations where they are unable to do so. If you are not satisfied with the response or believe the organisation is not processing your personal data in accordance with the law, you can complain to: I fully agree to the tenets of these principles which are outlined by ©Daniel Fisher of ®All Seasons Art Studio, 2024 - The official guardrails were originally designed by: Act Against Harm.......... Click Here Creative Scotland, Zero Waste Scotland, Equality Advisory and Support Service, Advisory, Conciliation, and Arbitration Service, Care Information Scotland, The Mental Welfare Commission, Health and Social Care Partnership, Scottish Human Rights Commission, Equality and Human Rights Commission, Scottish Social Services Council, Care Quality Commission, Care Inspectorate, Office of the Public Guardian, Information Commissioners Office,

  • PROPERTY

    Peace of Mind Trademarks Often people refer to trademarks as badges of origin, the World Intellectual Property Organisation describes a trademark as, “A sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights”. So why are trademarks important, and why do people often choose a specific brand over other brands? People will usually associate quality, better taste, better impression, etc. Of a product by branding. A trademark used to be used solely for a single word or logo and consider how popular the image of the brand is. Everyone can visualize their image and logo, but if you were to have two different boxes of chocolates, most people are likely to consider their own choice as better, as they will associate quality with the brand. How long do trademarks last? A trademark gives absolute protection due to its registered status, and you can register a trademark to last forever, however it does need to be re-registered every 10 years. Trademarks no longer only count as a single word and/or logo. About 20 years ago, due to an EU protection escalation, you are now able to protect a variety of other aspects through trademark protection. So, for example, a shape, smell (perfume companies lobbied for inclusion on brand identity), or even sounds can all be registered as trademarks to strengthen recognition and brand protection. Why do you have different classes for trademark registration? There are forty-five different classes in which you can register trademarks. However, you have to pay a separate fee to register in each class. So, a brand would usually only register in the classes they identify or will need. All these only need to be registered trademarks in their own sector class, as they are not in a competitive market with each other. What are the restrictions to registering trademarks? You cannot get a trademark for using descriptive terminology of the product in the name. For example, there was a glue company who tried to gain a trade mark for the name Destock. It was declined due to it sounding like the action of the product (does-stick). You cannot register a trademark if someone is already registered in the same class with the same name. And you cannot register a trademark if you are attempting to associate your name or product with another organisation, such as the Olympics, or Royalty, or using geographical areas e.g. Cheddar cheese. Can you register trademarks in different territories? Trademarks are territorial, so you would need to register your trademark in each territory in which you wish to have a presence or sell goods. If you register your brand in the UK, you will only have trademark protection in the UK, and the IPO has converted all community trademarks to UK trademarks, so now you need to register your trademark in individual EU countries. If you wish to register your trademark in a variety of territories, such as UK, US, Asia, you will firstly make an application to the UK IPO, then by using the international treaty called the Madrid Protocol, you will apply to the WIPO to send your trademark to be registered in each territory. Some trademarks tips and guidance: A trademark needs to be used to continue to be valid. A trademark doesn’t hold as much weight if it becomes diluted due to becoming a public generic term (for instance Hoover was a brand of vacuum, now people often use ‘hoover’ as the action, irrelevant of which brand of vacuum they use). When seeking a trademark, you first apply online, and they will then: Examine applicability (check to see if anyone else has a registered trademark the same as yours), and only will you then gain registration in principle. A trademark granted is published In the London Gazette and they will advertise to see if anyone else has that trademark in use. There is a 3-month period to wait for any opposition to the trademark. Your registered trademark can be attacked if you do not use it for 3 years or it was already in use. What is trademark infringement? As there is detailed information in the Trademark Act, you infringe a trademark by: Having the same or similar trademark. Having the same trademark in the same class. If you reproduce someone else’s trademark. If you bring down the reputation of another trademark. What are the penalties for trademark infringement? It is possible to get up to 10 year's imprisonment for trademark infringement, and it carries the highest criminal offence in IP infringement, even more so than copyright. Although most of the time trademarks are registered rights, it is possible to have an unregistered trademark. To rely on an unregistered trademark, if you are infringed you must prove what is called ‘passing off.’ You must be able to prove substantial goodwill in your business name, and that you have not misrepresented to customers. Most passing off cases fail, as it is difficult to prove consumer confusion. Companies who manage to use similar packaging to other brands can do so by making it clear they are made by someone else, that way they are not misrepresenting to the customer. In the UK, fair competition is encouraged, therefore it is better to register your trademark, and protect your brand by ensuring the design is distinctive enough to adhere to the criteria for trademark registration. There are two types of Intellectual Property (IP) Rights – Registered rights with the Intellectual Property Office (IPO) and unregistered rights which arise automatically. Copyright is a 100% unregistered right, it cannot be registered, at least not in the UK and was originally a tool of political censorship, the Statute of Anne was enacted by the British Government in 1709, named after Queen Anne, this was the first full-fledged copyright statute in the world. The Statute of Anne granted publishers of books legal protection for 14 years and granted 21 years of protection for any book already in print, which meant whoever produced royal material had the right to stop anyone else from copying it or replicating it. People speculate that had copyright laws existed in Shakespeare’s time, none of his plays would be known today, at that time people were able to transcribe what was being performed and replicate it, but had copyright law existed, Shakespeare would have been entitled to control the reproduction of his plays and may not have become so well known. Copyright was originally used to protect literary works, and was then extended sequentially to print works, then artistic works, musical works, and then theatrical works. By the end of the 19th century, what started as a tool of political censorship was now a norm for protecting works. How was world-wide copyright formalised with Treaties? The 1886 Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright which states that for all counties (or parties) in the ‘Berne Union’ it is prohibited to necessitate registration for a copyright and that copyright exists the moment a work is recorded in material form. It also imposes a condition that countries recognise copyrights held by the citizens of all other parties to the convention. The growth of the Radio & TV industry took copyright as a vehicle to protect modern technology, including sound & TV recordings. Film companies who produced films out of books could face IP issues in relation to the copyright held by the author of the book. The 1922 silent film, Nosferatu, which was based on the novel Dracula, by Bram Stoker, had to change the name of the Count, to avoid infringement. Copyright then adapted and improved with the introduction of technology and computer software is now protected in IP law. In an essay written by Nick, he argued that computer software is made up of binary 1s and 0s, therefore computer software should be considered a literary work. As technology has changed, from vinyl, to cassette & CD, and video to DVD, so the law was changed each time to accommodate new iterations. When the internet came along, the EU passed the 2001 Law Information Society Directive, to protect media communicated via the internet. Now that we have Artificial Intelligence (AI), will copyright protect it? This is unlikely, AI is more likely to be protected by patents, whilst 3D printed designs could be protected by both copyright and design rights. What does copyright protect? Ninety-nine percent of copyright protection is afforded to 2D designs, if that drawing is reproduced in 3D, it would then be protected by design law. In 1988, designs were protected by artistic copyright law, an attractive design, which had eye appeal, could be protected by registered design (15 years), whereas something purely practical could be protected by copyright (life of the creator + 50 years). Unregistered design is the other side of the coin to copyright – unregistered design & copyright have much more in common than registered design. What can you do with copyright? There are exceptions where you may use or reproduce copyright works without infringing copyright, these include personal/private use/study, in the context of teaching or in the case of reportage. Stakeholders in certain industries have been trying to limit the scope of these exceptions, for instance, the record industry has been arguing that you should not be able to make a personal recording of a piece of audio, i.e., music, for your own records. What are the two ways in which you infringe copyright? Firstly, you do not even have to know that you are doing it, just doing it makes you an infringer, making a copy in material form & distributing it, or including it as a communication to the public. Secondly, you must have done it knowing that you are infringing, this is of particular importance in the criminal domain, in which case you can go to prison for 10 years for infringing copyright. To commit the offence, you must be put on notice that you have infringed and then continue anyway, copyright is a very flexible IP right. Q&A Q: There has been a lot of reform to Copyright Law but little reform to Design Law, why is this? A: The reason for this is the respective lobbyists, without copyright law you would not have a book publishing industry or a film/music industry, to name just a couple, who make an enormous amount of money, designers do not have the same clout, the government listen to these lobbyists because they shout. Q: Who can decide if something is an infringement? A: There are two tests to establish if something is an infringement. 1) the alleged infringer must have had access to infringed work. 2) you must be able to demonstrate objective similarity – are the designs similar – if the designs are similar and the alleged infringer had access to the infringed work, the inference is that they have copied, but you would normally get an expert witness e.g., a musicologist, to objectively confirm the evidence has a similarity. The results of 90% of cases are determined by the evidence, and not necessarily the law. Q: Who is the first owner of IP? A: The first owner of IP is the person that created the works, the only way someone else can become the owner is if the creator has undertaken that work under employment, or if the IP is assigned to another party by contract/agreement. Pre-1988 – Design law was easy to understand and straightforward. In 1983 it changed so there were three elements to a design right: To be registered, the design had to have ‘eye appeal’, that being it needed to be considered beautiful or have an aesthetic quality and it could be registered for 15 years. If there was no ‘eye-appeal’, it had to be functional. Copyright (2D design) could be turned into a 3D design. A functional item would be protected for the life of the creator plus 50 years. Basically, Copyright of 2D designs. 1956 onwards there were changes to copyright law following The Whiteford Committee Report. 1985 – In a case involving car exhaust pipes, where Mini Metro exhaust pipes were produced by a competitor, Mini sued for copyright infringement. Meanwhile the House of Lords decided current copyright laws were not suitable for functional designs. 1987 – began a change in Design Law. Copyright changed due to the House of Lords decision which meant design law also had to change. ‘Anything in 3D can no longer be protected by Copyright’ Therefore design law encompassed all 3D designs and became ‘UK unregistered Design right’. On the other side of the coin, Copyright became an unregistered Design right as new criteria to qualify the design needs to be: Novel. Must not be commonplace in the design field. You can use assembled elements of other designs, to create an innovative design. 1st August 1989 – UK Unregistered Design Right covered: Shape. Configuration. Lasts 10-15 years Not functional Registered Designs – were established with a term of 25 years and must have eye-appeal. 1995 – Copyright extended to 70 years beyond the creators’ lifetime. 1994 – UK Trademark 1938 gets updated. UK changed their registered Design Act to meet the same test, lasted 25 years. UK 10-15 years UK Judges then had to rule according to EU High Court judgments, which meant some countries made binding changes to UK law. By 2002 there were then five distinctive design laws to follow in the UK: UK Registered EU Community UK Unregistered EU Community Unregistered Copyright (for Artistic Craftsmanship – which is exceedingly rare) If registering in the UK, a design will not be recognised in the European Union. The UK Government has introduced a new Supplementary Design Right, which must have individual character and lasts 3 years. It is most important to campaign for the change in law so it will become a criminal offence to intentionally infringe on UK Unregistered Designs. It is unfair that in 2D plans and designs there is automatic copyright protection (70 years plus life of the author) but when it comes to an unregistered 3D design it enters design law and only has 3-15 years’ protection. What is a Patent? When considering various aspects of intellectual property (IP), it is easy to confuse the various rights which can lead to a misunderstanding about what they mean. For example, you can: Trademark a word, Copyright a song, Patent an idea. But you can’t patent a design! There are different areas of IP rights (copyright, designs, trademarks, and patents) and it is easy to assume one word covers all aspects. These terms can come across as interchangeable amongst public discussion, therefore they can become confusing. IP rights are usually separate areas, however sometimes aspects can overlap to varying degrees. They can overlap the way they are expressed and applied, so they can be interchangeable, but separate. If you imagine IP rights as a family tree, patents would be at the top, the grandfather of IP rights. They came first and therefore are the oldest. What was the first patent? The very first patent was in Ancient Greece. The more modern kind of patent was used by the Venetians 500 years ago. A patent is seen as a social contract between the state and society. The state (government) recognises you have done something great, something which benefits society and mankind, in return for the state to give that recognition and an exclusive right to develop and commercialise, you must tell the state how it is done. If you must tell the state how you have done something by registering a patent, it is not always necessarily in your best interests to register a patent. Under what circumstances would you want a patent? You would want a patent in return for developing something unique and you would like the monopoly right granted by the state to be allowed to be commercialised during the period for which the patent lasts, which is 20 years. You can gain a patent for an invention or a new process, e.g., a new vaccine, or machine, such as a time machine. What are the criteria for a patent to be granted? Patents are a registered right. There are three tests to be granted a patent, they are: The invention or process needs to be novel (new); the IPO will check all over the world for ideas or processes which are too similar, and the patent will be denied if something similar already exists. The greatest impediment to you gaining your patent, is you yourself disclosing too much information about your idea, which has a high likelihood of destroying the novelty of the idea. If you need to tell particular people how your idea works, craftsmen, mechanics, production, then it is important to use Non-Disclosure Agreements (NDA) before you discuss your idea with anyone else, to preserve the novelty of your idea. Inventive step: that is, it needs to have an aspect of invention, which is not obvious. Capable of industrial applicability; whereby, the idea needs to be useful to other people in society, not just to yourself. Unlike design laws, patent laws are uniform all over the world. They may differ only in time limits of how/when you apply for them. Patent laws have been established for a long time, therefore relatively straight forward. There are some blurry areas where you may think a patent would work, such as software (you can’t, that would come under copyright). You may have products which have patents (hardware aspect) and software (copyright), e.g., a computerised car or a smart phone. Who benefits from Patents? People who invest time and money in research and development for an invention. For example, vaccines are patentable which makes them especially valuable under the current pandemic circumstances. However, there are certain situations when patents wouldn’t be used, even though they could be, such as during a pandemic, it is viewed that it is for the benefit of all humanity that one person/company cannot monopolise. The issue of patenting medicine can be an issue. For example, painkillers that have been patented such as Nurofen and Panadol can now be produced by other brands because the patent has expired. Trade Mark vs Patent: after the initial 20 years of the patent, other companies can bring out their own painkiller versions. However, they will not be able to use the same or a similar name to the original patented brand as the original company will have a trademark in the name, even though the drug itself is no longer under patent protection. Patents protect innovation. There are slightly different rules around the world in terms of the procedure for acquiring a patent. In the UK: Patents usually take 2-4 years to gain. Ninety-four percent are never commercially exploited. To obtain a UK patent, it costs £4-6K, they must be renewed every year, for 20 years, so they end up being extremely expensive. Plus, more fees are payable for patenting in other countries so use a patent lawyer or agent. You need certain terminology and scientific language to get a patent passed by the Intellectual Property Examiners. It’s worth having a strategy to commercialise an idea before deciding whether it is worth registering as a patent. There is also an International Patent Convention, which is applied for in Geneva, but you can apply for it through the UK. What happens if a company employs you, and you invented something? The same as with other kinds of registered IP rights, you are recognised as the inventor, however the company will own the rights. If your invention has benefited mankind in some way, then you may be rewarded with a generous sum of money and recognition. It is not a criminal offence to infringe a patent, however there are criminal offences surrounding patents; if you say an idea is patented by you and it is not, that carries a criminal offence. Finally, if you create something which is of great benefit to humanity or society, then the state (government) can take the patent from you based on it needing to service mankind rather than be monopolised. Intellectual property Rights such as patents, trademarks, copyright, designs, and trade secrets are key drivers for innovation and creativity. The impact of IP infringement is destructive from it being harmful to business growth resulting in job losses to the serious threat to consumers health and safety by counterfeit products. Not only does the government lose tax from illegal operators, but some IP theft is also linked to organised crime. Whether you are a graphic artist, a product designer, a jewellery maker, or any other IP creator, it is important to take a little time to understand what IP rights you own and what you can do to protect them. COPYRIGHT (2D Designs) Copyright provides creators of original literary, dramatic, musical, and artistic works, published editions of works, sound recordings, films, and broadcasts with a bundle of rights to control the use of those works. 1. Copyright will exist in ‘artistic works’, covering works such as paintings, drawings, fabrics, diagrams, and photographs. These are protected irrespective of the artistic quality. Surface Decoration on 3D designs will also be covered by copyright. (Note however that you cannot enforce copyright in a design drawing to prevent someone from making an article to the design shown). 2. It is exceedingly rare that copyright law can be used to protect a 3D design, but it can happen if it is deemed to be a work of artistic craftsmanship (see below) 3. The work must be ORIGINAL. This doesn’t mean that it is a concept that has never been done before; it means the author must use their own skill to create the work, so the design must not have been copied from an existing design. 4. No formalities are required. The right is automatically created once the design is recorded in some permanent form. 5. Depending upon the nature of the copyright and any contractual arrangements, ownership will rest with either the author, employer, the person to whom any copyright is transferred or the person making the necessary arrangements for the copyright to be created. 6. Copyright lasts, in general, for the life of the author plus 70 years following the author’s death. We are surrounded by examples of copyright works from the book you read, to the adverts on the underground, films we watch, music we listen to. We enjoy copyright works. An architect or interior designer will own the copyright in their plans and drawings, an author will be a wordsmith using their skills to write the next best-selling novel. Copyright arises automatically and your work must be original and in a tangible form. Think of an artist creating an original painting, they will own the copyright of their work. The same is true of photographers, they will own the copyright in the images they shoot (unless previously assigned to the commissioner). In the UK copyright cannot be registered so it is important to keep a signed and dated record of when the original work was created, an IP Databank provides a useful place to lodge such original works. A unique tamper proof number is generated for each lodgement. This is useful if you ever need to provide evidence of your copyright ownership. Technically it is not a requirement under UK copyright law to include a copyright notice. However, by including the copyright symbol ©, your name and the year of publication of the work, you will receive the © notice which can also add to deterrence. Also using the © symbol enables the victim of the infringement to calculate damages suffered more accurately. ARTISTIC COPYRIGHT (3D Designs) 1. Artistic copyright will exist in sculptures, works of architecture, and works of artistic craftsmanship (the definition of which is uncertain, but is limited to works like Fine art, e.g., hand-blown vases). 2. As before, the work must be original. No formalities are required, and the ownership will rest with the author or employer. 3. Artistic copyright lasts, as before, for the life of the author plus 70 years following death. “Artistic craftsmanship” is a term used in copyright legislation for a category of artistic works exhibiting both artistry and craftsmanship. Items which have been granted copyright protection under this category include hand painted tiles and stained glass, to name a few. It includes items that possess an artistic quality and were created because of the creator’s craftsmanship and are not mass produced. This could also include embroidery, tapestry needlework and other crafts, as well as other handmade ceramics, Jewellery, and bespoke furniture. However immediately prior to the UK leaving the European Union, the EU courts issued certain judgments which if followed in the UK will extend the scope of those designs which can be protected as works of artistic craftsmanship. UK UNREGISTERED DESIGN RIGHT (3D Designs) 1. Design right is capable of existing within most 3D articles, including furniture, interior accessories, lighting designs etc. However, design rights do not subsist in surface decoration (which is covered by copyright). 2. Design rights exist in all ORIGINAL designs (the design must not have been copied from an existing design or regarded as ‘commonplace’ in the design field in question at the time it was designed). 3. No formalities are required. The right is automatically created once the design has been recorded or an article has been made to the design (e.g., a prototype). 4. Certain design features are excluded from design right protection, including methods of construction and features which enable the design to be connected to or to match another article. 5. Design right protection lasts for the shorter of either 10 years from the end of the first year the design is made available for sale or 15 years from the end of the year the design is created. 6. In the last 5 years of the period of protection under 5. Above, anyone can copy the design, subject to the payment of a royalty to the designer (the so-called “licence of right” period). Copies do not have to be the same for your rights to be infringed and a copyist will not escape liability by making slight alterations, or by only copying part of a design. A substantial similarity between the whole or part of a design and the copy will be enough for infringement to occur. However, if a near identical design is produced by another person without proof of copying being shown, on a balance of probabilities then there may be a presumption that copying has taken place. Most designers rely on unregistered design rights, so it is important to keep a record of the distinct stages of your designs from idea to marketplace. Being in possession of this (signed and dated) evidence can help towards proving your ownership should it be challenged. This does not add to rights, as they arise automatically, but it does provide a record of when an IP Databank receives them when a unique number is generated every time there is a lodgement. UK REGISTERED DESIGN (2D and 3D Designs) 1. A registered design protects the appearance of a product, and particularly its individual character- this includes shape, contours, lines, colours, texture of the product or ornamentation. The definition of a ‘product’ includes parts, get-up, symbols, and typefaces. 2. To qualify for registration, a design must have individual character. If you have published your design already you can still apply for registered design protection if it has been marketed for less than one year before registration is applied for. However, the design must differ from existing designs in the marketplace by more than just immaterial details and must create a different overall impression on someone who is familiar with the relevant design field. 3. Protection does not cover features which are dictated solely by the function which the product has to perform. 4. An infringement will occur where a copy creates the same overall impression as the registered design. 5. Once registered, the owner has a monopoly over the design. No evidence of copying is required to prove an infringement of a registered design, unlike copyright or design right. 6. Registered design protection lasts for up to 25 years, renewable every five years after registration. It is important to note that when you register a design at the UK Intellectual Property (IPO), the applications are substantively unexamined. Should you need to take legal action if your registered design has been infringed, you can only rely on what has been submitted in your registration application, so it is important to seek legal advice on the accuracy and scope of your application. However, once registered you receive an official numbered certificate which says that you “own” that design though ownership can be challenged at any time. Publicising that you possess numbered registered designs can add a layer of deterrence and protection by communicating that you recognize the value in the designs you have created. Registration gives you a monopoly right to prevent others using them without permission and you do not have to prove copying. Finally, whilst it is not a criminal offence to copy an unregistered design, it is a criminal offence punishable by up to ten years in prison to copy a registered design. NEW UK SUPPLEMENTARY UNREGISTERED DESIGN RIGHT (SUD) 1. The UK has created a second UK unregistered design right called the supplementary unregistered design (SUD). 2. This right ensures the full range of design protection is available in the UK. 3. The SUD mirrors the UCD and protects the 2D and 3D appearance of a whole, or part of a product, for a period of three years. 4. The protection it provides does not extend to the EU. The right is to be subject to interpretation by the UK Courts. The new UK Supplementary unregistered design right (SUD) was created for UK designers who have an unregistered design, it protects shape and configuration only, the SUD includes shape, contours, lines, colours, texture of the product or ornamentation. Designers who created designs before 31 December can still rely on their Community Unregistered Designs (CUD) in the remaining twenty-seven member states until 3 years after 30 September 2021. The Government continues to provide no advice or certainty about simultaneous publication of a contemporary design. UK REGISTERED TRADEMARKS 1. A trademark provides the owner with an exclusive right to use the mark on the goods and services for which the trademark has been registered. In limited cases, it can also be used to protect the shape, colour, and smell of a product. 2. To qualify for registration, a trademark must be capable of distinguishing goods or services of one business from that of another. 3. Registration will be refused if a mark is devoid of distinctive character, (i.e., if it is descriptive), customary to the trade or exclusively consists of a sign used in the relevant trade to designate the product’s features, e.g., size, or geographical origin. 4. When intellectual capital is built up under either your own name or a brand, its value increases and it makes sense to add further protection by applying for a registered trademark. This is different from registering your name at Companies House but once granted, you can use the symbol ®. PASSING OFF 1. Passing off protects the reputation and goodwill of a business. 2. An established reputation is required. 3. Any copies must confuse the public as to who has made them, so that people believe the copy is the original, or was made by the maker of the original, or that there is some connection between them. Usually, actual evidence of confusion is required. 4. Price differences can influence the likelihood of confusion between original and copy products, As can use of the manufacturer or retailer’s name in connection with the products. If you are relying on an unregistered trade mark you may use the symbol ™. Historically, it is very difficult for an unknown brand to be able to provide evidence of “consumer confusion” with a much larger, more well-known brand. Registering your trademark is inexpensive and provides stronger IP protection, vital as your brand achieves growth and success. PATENTS 1. Patents protect inventions or technical processes which constitute technical improvements. 2. The invention must be new (i.e., not published or disclosed to the public prior to the application date), involve an inventive step and be capable of industrial application. 3. Once registered, the owner has a monopoly right over the invention. 4. The patent lasts for 20 years from the date of filing, although annual fees from the fourth anniversary of filing are required. It will not be possible to obtain a patent if the invention, technical process, or any information revealing them, has been published (shown/shared) before a patent application has been made. Clearly one needs to share information with a patent lawyer if they are helping you but otherwise you should keep all information confidential and unpublished until the application has been received or disclosed under the terms of a Non-Disclosure Agreement. A product or process secures patent pending status when the application has been filed but is not yet granted. The idea behind this terminology is to warn others or potential infringers that they may be liable for damages once the full patent is issued. Before Attending Any Exhibition: Exhibitions are one of the most valuable marketing venues, but they can also be vulnerable to copying – taking a few simple steps to protect your designs and products can make the difference and maximise the returns in the design and investment of new products. Discovering a copy of one of your products at an Exhibition or Fair can be traumatic but remember that careful handling can lead to the swiftest and most satisfactory outcome. Tempting though it is to march straight onto the alleged infringer’s stand demanding to know what is going on, DON’T DO IT – in UK law you can be sued if you make a threat that proves to be groundless - speak to a lawyer first! Ensure you have documentation to prove that you own the copyright/design right or have a licence to market the goods that appear on your stands. Make sure that this information is easily accessible. In any dispute, the onus is on the complainant to be able to provide evidence of ownership, originality, and date of creation. Consider applying for a Registered Community Design (RCD) before any exhibition. The RCD provides designers with the choice of both an Unregistered Community design (UCD) and a Registered Community Design (RCD). It is difficult to act at an exhibition or fair if there is no design audit trail or evidence to support UCD or a registration certificate available to support RCD. The RCD serves as a deterrent against infringement and it’s a rapidly obtained right with few formalities. It is a protection that allows you to: a) Forbid unauthorized production of your design in all the EU countries b) Stop imports into the EU at all entry points. At the Exhibition A simple spiral notebook for collecting business cards, as well as being an excellent post-event marketing tool, is also invaluable for providing vital evidence if, in the future, you are unlucky enough to be copied. Don’t forget to include the date, time and any action points or sampling given or promised. Remember – always ask for a business card – at a trade only show, all visitors should identify themselves to you on request. If you can, rent a data pen which will help you not only keep accurate marketing records but could help you trap copyists. Do you have a ‘No Photography’ policy? Think about preparing your own ‘No Photography’ sign. Remember in the age of digital cameras your designs can be across the other side of the world in seconds and mass-produced before you pack up your stand from the exhibition. Don’t forget to look out for the ‘Accredited Exhibition Organiser’ sign – it means that your exhibition organiser declares a zero tolerance of plagiarism to create a safer trading environment for you as exhibitors. The Law of Confidential Information The law of confidential information has two subsets, trade secrets and the law of privacy. This is an unusual but important area of IP law. Trade Secrets – further information All specialist or “secret” knowledge can be protectable, even though it is not protected as a Patent. Trade Secrets became protected under English Law through a doctrine known as Confidential Information. A principle that says if something is confidential and communicated to you in circumstances in which you are told it’s confidential and you breach that obligation and it could cause damage, then you could be sued for misuse of confidential information. Confidential Information is much more than Trade Secrets. It also protects people from exploiting private information. Known as the Law of Privacy. Clarity on the Law of Privacy (confidential information) and trade secrets: The Law of Privacy is a sub-species of Confidential Information; however, it is quite different from Trade Secrets, which are secrets for a business. The Law of Confidential Information was never written down in English Law, in the same way as Copyright for instance. It arose from a series of cases. In the last decade most of those cases have arisen from an employment context. If you terminate your employment, you cannot take confidential information such as contacts, lists, notes etc. If you use those items to enhance your position with a new employer/competitor, you are damaging your previous employer. Most employers ask their staff to complete a Confidentiality Agreement to prevent this happening. There is a 3-pronged test to decide whether you have a case: Is the information confidential? Was it in the public domain or private to a small group of people? Was it communicated to you in a confidential environment? Was it reasonable to deduce that it was confidential? If it was disclosed without the permission of the owner, could it cause damage? Because of the growing laws around confidential information, employment contracts became more restrictive. Generally, there is a long list of clauses explaining what is confidential, where you may work, where you may not work, restrictive distances or employers you must not work for. Even hairdressers can be told not to work nearby or for close competitors. The definition of a Trade Secret means, information which has all the following requirements: Is secret in the sense that it is not a body or assembly of its components, known among or easily accessible to persons within the circle for the information in question. Has commercial value because it is secret. Has been subject to reasonable steps under the circumstance by the person fully in control of the information to keep it secret. But if someone wants to break into your house, whatever ways you attempt to stop them, alarms, barking dogs, police, guns, if they really want to, they will try to. It is the same with Confidential Information and Trade Secrets, no matter how secret you try to keep your information, if they really want it, they will try to steal it. What is a Non-Disclosure Agreement (NDA): An NDA gives more comfort to the person holding it than to anyone else. If someone wants to steal confidential information, using it without permission, they probably will. You may sue, which will be expensive and distracting, and means you end up putting the confidential information in the public domain anyway. The most important thing to do, is to stay quiet and be extremely careful who you choose to share information with if you wish to keep elements out of the public domain. However, relying on the small print of an NDA is useful should it ever be required, and it puts the person who has signed it “on notice” and can act as a deterrent. Guidelines for Safe Pitching: All designers, at some stage, will need to show their designs to third parties with whom they may not have had contact previously. How do you protect your designs without appearing to be awkward or difficult? After all, you will be trying to form some type of business partnership with whomever views your work – but you still need to be assured that your designs are protected. When preparing for a pitch, keep a complete record of all your ideas, designs, and creative input, ensuring that there is a complete paper trail of your work from the first brainstorming session through to initial sketches and detailed design drawings or detailed explanation of your ideas. Ensure that you are clearly identified as the creator of your ideas/designs by putting your name and the date of your idea/design on each idea/design document. If you are sending your designs via e-mail, make sure that you use an intellectual property statement on the e-mail and use a member logo too. This standard statement can be adapted to suit the situation as necessary and is helpful for e-mails and designs that are accompanied by your letterhead. Record your ideas/designs by sending your documents to an IP Databank, or solicitor. This will give you independent evidence that you created your designs/ideas at the time you say you did. Ensure that you know what intellectual property rights exist in your ideas/designs, if any – it may be possible for you to obtain registered design protection at the UKIPO for cover before disclosing your designs to anyone and thereby strengthen the legal protection available to you. Keep a record of any other parties who have been involved in the creation of your ideas/ designs and make sure that you have confirmed the legal ownership position with them before using the ideas/designs. If necessary, ask them to sign an assignment agreement or, at least, an acknowledgement of your ownership of the intellectual property rights. This helps to avoid problems with third parties later when you need to rely on your rights. Always keep a written record of your discussions which you have with your client at any pitch meeting or over the telephone so that they cannot argue, for example, that you waived confidentiality in your ideas/designs. All intellectual property rights existing in our designs and products (and in the images, text and design of this website/marketing material) are and will remain the property of (your name). Any pitch you have with your client at any pitch meeting or over the telephone so that they cannot argue, for example, that you waived confidentiality in your ideas/designs. Ascertain your client’s policy on respecting the confidentiality and/or intellectual property in your ideas/designs. For example, are they willing to sign a non-disclosure/ confidentiality agreement before receiving the pitch from you? As part of your tender process, you may consider inviting the recipients to sign a Non- Disclosure Agreement, which will show that they are anti-copying in design and confirming their commitment to a model ‘Code of Conduct’ to uphold ethics, respect, and compliance. Create your own risk assessment document to make sure that you ask yourself the right questions before pitching. If your client is not prepared to commit itself to any written obligations to protect your ideas/designs, you should weigh up the pros and cons of disclosing your ideas/designs to your client without protection. If your client is not prepared to sign an agreement, consider whether a business relationship is workable without this assurance. You should send a follow-up letter or e-mail to your client a few days after your pitch to them to confirm the content of your discussions with them and to remind them about your intellectual property rights and the confidential nature of your discussions. It is particularly important where your client is paying you a pitch fee to make clear that you own the intellectual property rights in what you produce for the pitch and that you wish to maintain the confidentiality in the ideas/designs presented to your client as part of the pitch. In certain circumstances, a person who commissions a design in return for payment can be the owner of the intellectual property rights in the design produced. WHEN PITCHES GO WRONG............... If you are unfortunate enough to lose a pitch, always ask your client to return any presentation materials left with them to reduce the risk of your materials being reproduced without your consent and remind them that you have retained your intellectual property rights in your materials. If your pitch documents/designs have not been returned with a valid reason for non-selection, send a letter requesting immediate return of your work. You own the intellectual property rights in any material that has been sent on a speculative basis in response to a pitch brief. Include a reminder if the potential client has signed a confidentiality or intellectual property agreement. Inform them they are not allowed to use any element of your work without permission and payment and include a statement that if any element has or intends to be used without your permission, this may be an infringement of your intellectual property rights. If you have sent a copy of your pitch to your solicitor, professional organisation or an IP Databank, request confirmation regarding the date that your pitch was lodged. This will provide you with valuable independent evidence to substantiate your claim, should you decide to act. Careful handling is imperative if you discover that elements of your pitch have been used without your permission or payment. Approach the client on an informal basis with caution – beware of making a groundless threat as there is a provision under UK design law, which basically says that if you sue someone for infringing your rights and it turns out they haven’t or you cannot prove this legally – they may then be able to sue you! If you do have a meeting with a client who you feel may have used your work without payment, do not negotiate a royalty without giving yourself time to make an informed decision. At this stage, you may consider taking legal advice to maximise the exploitation of your IP rights. Always keep a record to confirm your understanding of what took place during any meeting following a complaint. If you write to a client regarding an unsuccessful pitch and an alleged infringement of your intellectual property rights, always stick to the facts and head any letter WITHOUT PREJUDICE. Copy in a third party, i.e., your solicitor or trade organisation. If you must instruct a solicitor to send a letter before action – think carefully about your choice of legal advisor. It is better to consult one with experience in intellectual property (IP). If a solicitor has experience and a proven record of accomplishment for cases in the sector, they will understand quickly what you are trying to achieve. Gather all relevant evidence to substantiate the fact that you believe that your material has been used without permission or payment. In an advertisement, for example, obtain an example of the alleged copy and provide signed and dated evidence of your original. Current design legislation relies on overall impression so even if subsequent work has been changed slightly, it may well still infringe your rights. Designs in a Post Brexit UK: Designers with valid RCD’s as at the end of the transition period will have equivalent Rights in the UK created automatically at no cost to them. Designers with pending applications for RCD’s (or registered applications not yet published) at the end of the transition period have a 9-month period to September 2021 to apply to the UKIPO for the same protection in the UK. Crucially if you take advantage of this the UKIPO will use the filing date for the original RCD application, ensuring no loss in protection. Unregistered Community Designs (UCD’s) arise when a design is first disclosed In the EU and lasts for three years from the date of publication. If you had any UCD’s Arising before 1 January 2021 these will remain valid in the UK for their remaining term as what will be known as a Continuing Unregistered Design (the CUD). The CUD aims to prevent a loss in protection in the UK for any UCD which already existed at the End of the transitional period and still had time remaining. The CUD will protect the Design automatically in the UK for the remainder of its 3-year UCD term. The current UK Unregistered Design Right only protects the shape and Configuration of an article (whereas the UCD protects additional elements such as Surface decoration and textiles) but it lasts for a longer period than the UCD of 10 years from the end of the year in which the design was made publicly available. As the UCD was no longer available in the UK from 1 January 2021 a new Supplementary Unregistered Design (SUD) was made available in the UK which mirrors the protection offered by the UCD. Designs that are first disclosed in the UK will be protected automatically under the new SUD right in the UK for 3 years from the Date of publication as with the UCD. This is in addition to the original UK Unregistered Design Right which remains available to designers. See information about the new Supplementary Unregistered Design right here as well as a summary of other Changes. What about Trademarks: If, at the end of the transition period, you had a valid registered EUTM then the UKIPO Will create a comparable UK registration automatically and at no cost to you. This new UK mark will retain the filing date of the original EU mark so there will be no gap in Protection. If, at the end of the transition period, you had a pending EUTM application then there was a nine-month period to September 2021 in which to apply for a mirror UK Registration keeping the filing date of the EUTM. However you had to pay the UK Application fees for a new trade mark and the UK application had to be identical to the EU application. These comparable marks also have the same renewal dates as the Original EUTMs which could lead to fees having to be paid twice in quick Succession. Trademarks must be used to remain valid. Previously use of an EU trade mark in The UK counted as use for the purposes of validity. This will no longer be the case and so if you own an EU mark but currently only offer your goods or services in the UK then you risk losing your EU registration, or at least part of the specification covered, through a lack of use. Copyright & Patents: Protection of your copyright internationally is governed by international treaties rather than EU Laws so protection for copyright works remains unchanged by Brexit. There may be some issues around things such as orphan rights and database rights however these are outside the remit of this guide. Equally, patents are not currently governed by EU laws so the way that patents are applied for and prosecuted will remain largely unchanged. There may be issues around the proposed Unitary Patent and Supplementary Protection Certificates but, again, these are outside the Remit of this guide but do not hesitate to contact the authors if you require further input on these or any copyright issues. IP ESSENTIALS: Check your EU registered rights, whether designs or trademarks, to make sure that the mirror UK rights have been properly created and recorded. If you had pending EU applications, whether for designs or trademarks, check that you applied for the mirror UK right before the end of the nine-month period. If you didn’t do this then take legal advice on the status of these designs and/or trademarks from an IP specialist lawyer. If you want to maintain your EUTM’s make sure that you are using them in a member state of the Union. If you rely on unregistered rights, consider now which market is more important to you; the UK or the EU and implement a strategy for making your designs public accordingly. With extremely generous help from: A©ID (Anti Copying in Design) UKIPO (The Intellectual Property Office, UK)

  • LIFE

    Thank you for visiting, these pages are an expansion of the work I do regardless of race, creed, colour, religion, and anything else I have forgotten to mention, and in the hope that you find some information that will help you in your own pathway. Human Failure We Are All One, means I am dedicated to being a helper in any which way I can, from a simple act of kindness to the healing process of coaching, and I express my gratitude to the people who turn to me for assistance. My belief is based firmly in the reality of being a small part of the 'Universal Whole', learning, growing, and teaching, by helping others. People always have a capacity for change, even in what is termed the 'worst of the world'. So, I share a small part of my life journey to aid your belief in yourself and your capacity for change. On graduating from formal education, I wanted to fit into a more formally technical role, which was frowned on, and instead was pushed into the art world. I have done well for myself with my own art market enterprise, where I kept undertaking personal causes. This came about because I awoke one day and thought 'this phase has ended, I'm off to do what I want to do’ and entered Aberdeen college, where I failed all the exams and elected to specialise in drawing and painting. Again did well, without the paperwork and the politics, and discovered my passion in life. I then changed my remit due to family commitments and eventually became an advocate of global thinking and opened my own practice, again successful as I have never needed to advertise my ideas knowing word of mouth did simply fine. The recurring thread however through all of this is my own personal growth and I still maintain, I will give this up only when I return home, but I'm definitely a middle-aged man now (born 1983), with a wealth of experience of what the world can and does throw at you, but faith, trust, belief, and most of all authenticity, goes a long way, to smooth things out. My love, never allow the thought of 'I'm not good enough' or 'I’m too old now' - that is foolish nonsense because I assure you, you can. I urge you to be less of a listener and more of a doer, for what use is stored knowledge if it is not shared widely, given that at this time more and more people are looking for a sense of belonging and for someone to care, because the process of realising who and what we are is often painful and mystifying, involving much inner work and looking at our shadow side by resolving the past. There are many ways to wholeness, as what suits one might not suit another, and any intervention should be tailored specifically towards using art as a therapy. I acknowledge and accept that we may have a difference of opinion but at the end of the day, despite all this, we are the same. It's a testing time for all of us and your mind, body, spirit, and faith are being stretched to its utmost, to breaking point. Not knowing who or what to believe, so many stories, all conflicting with one another. Worried about family and friends, how to pay the bills, and put some grains of food on the table. What do we see and hear when we sit with each other, either one to one, or through a distant connection. Are our minds already judging and classifying, formulating, preparing ourselves to answer back, because to me that is not an effective connection, which is merely getting ready to reply by putting our own view forwards, I always remind myself 'listen to the person, not the words'. Being quiet and still, effectively listening, bringing all our senses into the safe and secure place that is hopefully provided. Focusing on the needs of the person that often at times wants, so badly to be seen and heard, to be valued and loved for who and what they are. Not for what we or anyone else thinks they should be, but for what they are, a beautiful soul that needs assistance. I try never to cross the boundary from 'soul to soul' and enter 'client and therapist' mode. Never lose faith in yourself, remember you are a valuable part of 'The All That Is', become your true self, aim for that oneness, allow your soul to shine, for the good of all. Because we are never alone and always accompanied on our journey, always guided, and always protected. This life is just another journey, back to the truth of who, and what you are, and that we are all connected, there is no separation and give you my wish that you walk in peace, knowing that you are a part of the greater whole. To gain joy and satisfaction with the world, I remember that beauty is the truest nature to life and life always has a purpose, this is how I began to mature. My mind began to open and I discovered I basically knew nothing about life, and my view now? A continuum of expanding forces for change. The mantra of my life with the many choices I had made within my reality - whatever the outcome, was by my logic an enlightenment of the greater truth. Taking ownership of our true selves is for me having an authentic purpose, something to be passionate about and is the result of choice will and intent. To realise our aspiration for experience can be the underlying reason for our human existence. Real progress is then having an uncluttered understanding of life in its many aspects, because in our lives we forge our own way from the moment we decide to honour our real worth. Confusion is a condition we are ALL subject to, and happens by not giving back what you have accrued in knowledge and resources in life, because to be greedy in life always carries a bad set of consequences for the rest of humanity, for me I learned the hard way and decided that my social status has no special value or importance in life. about every My goal to bring together all who seek answers, regardless of race, creed, colour, ethnicity, or religious beliefs, because we are all one and it's hoped that we can all feel enabled to ask for help in unfoldment. Discussion and sharing are what it is all about, collective wisdom is the best of all. 'I am a seeker' and aim to cope with the demands of looking after my house, by which I learn from other people in any way I can. So learning for me has no pretence, just awareness. Being aware that the human spirit can transform problems into a rewarding life, is the realisation of my true nature and wishes, and the commitment to work towards them. This means that when I return home to family and friends, ideally, I will have learned more about myself and the nature of humanity. I’m now beginning to question my idea of reality, examining the belief that people are just a matter of dimension based on personal experience, as it could be said that reality is also known as change, and in working on maturity as a person you learn to live with this change in life. Life circumstances are just a reflection of our choices and level of awareness at any given time. I say we have it within ourselves to live with the reality we make for ourselves. This to me is the key to enlightenment, in understanding ourselves we begin knowing where we come from and ideally our pathway forward. To be our own master is learning to see the world as inter-connected and respecting its many shades and diversity. With this we become rewarded by allowing all to be a better version of their past, on looking inwards and then outwards we avoid the trap of one-upmanship and self-gratification. There is a time and a place for everything and everyone, personally my experience of self-transformation led to a greater clarity of thought, which then reflected outwards to embrace life more. I now exercise my freedom to be an independent person, part-of but not necessarily actively participating in today’s world, which is often fraught with complications, but then again there are no problems only solutions. I have a warm and open heart for humanity, I am but one voice in many and if I don't honour life, then I prefer to not connect with the world. So on reflection, my experiences are often inspired by the opportunity to practise compassion, and to extend the hand of love and include others in my life. I often call this empathy, and this is when I feel connected to something or someone greater than myself. Yet what does this mean for the future, simply put, 'free will and free choice’ as everything carries consequences either positive or negative. So be personally open to learning and changing, as reality can be the connection that aids growth; by developing awareness of the greater truth, you have something of value to offer the world through experience, either by the human senses or in the unseen world. I have come across many 'spiritual laws', many scientific 'models' and quite a few social 'trends', but find the only enduring facet of life is change either on a shallow or deeper level. Depending on our choices you can find change to be a good thing; by remembering you are in control of your life, and it does flow at your chosen pace. Life is more than a mere symbol of unity, it is the harmony from within, and it is said there is your way and there is my way, and we are both correct. I discount anyone who is willing to denigrate or manipulate others for any type of personal gain. In my understanding, when it comes to my true self it is merely accepting, I am a flawed human being and so accept and allow other people to unfold as they wish. Having enough maturity to know when to take full ownership of self, whilst still being receptive to other people’s ideas, leads me to the view that life is a spectrum of differing perceptions. Meaning what is true to me is not necessarily true to you, either way I respect your right to choose. My belief is, as I learn to live and grow and become more awake and aware, I realise I am more than the sum of my parts, fostering the belief in something greater than myself. To put it another way, an ever-unfolding experience of reality, and continuing progress into wholeness. Speaking academically this is how I view the term "The Way", as an understanding of how to relate and respond to life. My life is my practice, because by being open minded, disciplined and believing in the necessity of having faith and trust in the unknown. The promise of progress is then knowing life will make me whole again if I let it. Being as constructive as I can be, I at some point naturally look for peace in my life, as this is usually when my thoughts begin to make clear and concise sense and cease being fragmented, here a sense of wholeness prevails. To be positive about life all the time can be difficult but not impossible, just openly viewing the world in its many multifaceted aspects. Seeing the truth, by living and working with life's set of circumstances, I often discovered this the hard way. Accepting that I can only be the best 'I' can be at any given time and by learning to attend to life in a practised and practical manner thus leads to an improved sense of wellbeing. Practicality is for me living without a constant state of fear. There are a lot of subtle examples of love and compatibility which are whole and complete in their expression. Showing willingness to take part in life uncovers many ways to be active and participate, to be fully involved with life. This is how I gain my sense of self, by being open without prejudgement. In this context 'goodness' is not a false promise, it leads to a more mature outlook blossoming within the being. To know what is in our mind at any given time requires a degree of self-awareness, and to focus purely on problems without acknowledging and dealing with the source can be a fool’s errand. So I say why not try to make informed connections instead. I believe life can be good and accept the necessity for accepting humanity despite its barbaric nature sometimes. I hold firm in the worth of a human life. The willingness to accept each other despite any differences. Life is a journey, live, learn, grow, and most importantly hold fast to your belief in your truth. To learn to live by your own truth, means past and present situations become a gold mine of personal knowledge and experience. Life ceases to be pre-ordained, but to be explored. So the question is, what is reality and why is it not uniform for everyone? The answer is simple. Yes we are basically the same, but different, each to their own, there is no 'one size fits all'. Growth happens in phases. One following on from another and are due to the adoption of informed choices. Choosing to live life by your own reality, it seeks of you to cease judging other people for their personal view of reality. When we begin to see periods of progression in life, the willingness to seek ever greater freedom and enlightenment comes forth. This then leads to the realisation that there is a better way of living. To discover the seeming end is only the beginning for us. It carries with it the reality that we and the universe are infinite and eternal. The source of our own humanity being a seed of salvation. Know that being alive is to be born equal in life. The truth of us waits to be discovered as being a part of all things blessed. Through the practice of informed acceptance and self-control, personal reality becomes of our own choosing. The universe is here to guide us on our journey, back to the source of our creation, and so the choices are all ours. The cyclic nature of our life can teach us many things, not least of which can be to open our eyes. When we acknowledge and learn from the people, experiences, and signs on our life's journey we can prove to ourselves we are of worth as people. However, first we must ask, who am I, what am I, and where am I heading? The simple answer is to ask, who, what, where, when, how and why? In truth...... We only ever need to be a decent, caring, and humane human being! The way I choose to express my gratitude to 'the Masters' is to work not only from my own vision, but also as a copyist and render others' art just like it is intended. For instance, a musician learns to read sheet music so they can perfect their technique, so my stance is to appreciate the skill in the work of the Old Master of History. But in making visual art you are required to have a certain amount of adaptability, which is in the nature of the vocation. My previous stance on the subject was unsatisfactory, so I decided in 2012 to invest my energy into the classical idiom proving to myself that I have potential. I now have fresh impetus to continue making fine art, after deciding my skills were of a satisfactory level, after which came the marketing of my products. My studies in arts and Humanities have led me to develop my ideas by recreating the spirit of the subject. My remit is to capture a range of worldly references and enjoy the ethos of shared cultures, by practising good design and learning professional conduct in the process. Any observations I make of life offer some natural behaviour to basic humanity and nature's structures. The fact is, I view mother nature as my friend and confidant in a world of many changes, she is a universally uplifting element to today’s troubles. Social awareness in life has led me to creating ®All Seasons Art Studio as a platform to share my observations. Believing I have something to offer back to the world, my way of viewing everyday life means I’ve discovered a passion that had in fact never been there before, but passion without gaining trust first is a hopeless cause. Being receptive to the light of eternal wisdom is within the grasp of not only me, but everyone. A diversity of learning experiences teaching us to open our minds and hearts, leading to the acceptance of different beliefs. Exploring our own and other people's identity as in truth WE hold the control, how else do you learn, if not by exploration and comparison. You are a unique person, practice honesty and open mindedness. Let life become an opportunity to show your love of learning and growing. By seeding a mature approach to the world within our being, we aspire to aid the growth of all, and appreciate life more often. With too many of life's conundrums, we inevitably create in our minds eye what we think we know about the source of our being. If there is a lack of due care and respect in life a negative mindset arises within your being. Fear can start to manifest, and a lack of self-belief rises, you begin to seek alternative means of relieving the day-to-day anxieties we all feel. Prolonged stress over time can lead to feeding faulty coping mechanisms and failure to see and accept the offering of the true beauty of life. Learn to explore and choose to grow, because if you believe in being open minded then you know life can teach you many things, as you learn and grow to be more independent and confident within yourself. However if you find you are in turmoil it can often be a sign that you are not in true alignment with your life. You can become jaded and if the issue is left unacknowledged then another form of angst soon arises. If you find the facts of your experience are beyond mere technical tropes, then the old script you found attractive for so long finally decides to dissolve and now your life unfolds as you choose it. To learn you are human with all that entails, flawed, idiosyncratic, sometimes petty, and often petulant you find the best form of life is by being honest, as we try to make life work the best way we can. All the emotional clutter we accrue in our lives serves only to distract as possessions have only the meaning, we endow them with. To instil an altruistic attitude in someone, the egocentric belief in self must be redressed into a clearer vision first. Individuality then is our choice. The need for social inclusion is in our nature as is the desire for a secure and supportive environment. The belief in equality based on the communal value of respecting people's diverse background, then becomes a shared standard of living. A principle account is when life then becomes the practice of equanimity, giving everyone the choice to live and grow as they so wish. So, we personally learn to adapt to a variety of circumstances in our lives’. Intelligence and IQ can only be a compromise between nature and nurture, and we only must look within to know that the mind will never truly define us as people. We are all interesting in our own unique way, priceless and immeasurable. The human being is an expression of our desire to ask ‘who or what am I’ which requires honesty, and as a result of this you begin to see your way to personal resolution and further discovery. By discovering the willingness to uncover the truth. We define ourselves as manifestations of choice, will and intent and are a union of physical and psychological principles, maturing in the process of resolving our hang-ups. The propensity to rationalise all the time can be crippling, and this is the seed of realisation that is acquired. To have an open mind about the world is to be part of a greater whole, united in the willingness to accept each other despite any differences. So, try practising free will and free choice as part of life's journey and enjoy it as the depth of peace in your life is linked to your level of clarity. By practising this type of objectivity and honesty, hard facts then become relevant to your growth. You create an opportunity to release the mind from its prior identification to the situation in question and discover the joy in accepting the truth of your reality. With choice, will, and intent, you find your own way as an immensely powerful being, with the capacity to 'sit in your own power' without the need or recourse to anybody else. You decide who and what you are, what you will and will not do, by choosing what you will accept, say, or think. However, by bringing forth your own memory of ‘that love’ you incarnated with you mould your circumstances into the shape that is the best for you to embody. I could insult your intelligence by blithely quoting "no pain, no gain", but apart from a masochist who the heck likes those 'ouch' moments? Goodness knows I have experienced more than a few in my lifetime, but it has given me a resilience, a nature that looks life in the eye, meets it head on, and forces me to use my British backbone. So, try to leave the doubts and fears behind by growing to love life again. You have that very same inner strength, I know you do and the key lies in finding your own way of making it manifest. Right now, we are all in it for the long haul, just keep going, do what you can, when you can, but when you THINK you have hit rock bottom, never lose that faith in your ability to be a survivor no matter what happens. Because given enough time everything passes and so allow me to impart one incontrovertible truth to you, it is the fact that though you are struggling right now, try remembering there is so much understanding around you and know you have the strength to simply keep on doing whatever is necessary to survive. I am your friend my love, now you be YOUR best friend, and when either of us show signs of faltering let's make a pact together, to remind each other that this will end one day, and marvel at how we have managed to tap into that unknown well of strength and simply, just keep going. You can personally choose who and what defines you, as your focus can broaden and deepen by practicing consciousness in its fewer tangible aspects, as we all become a product of the way we learn, adapt, and grow to our influences, and manage an increasing awareness of ourselves as we age. Theoretically I call it our connection, but it can be a matter of experience because we embody our own expectations in life, where our own mind has an impression of life in our lasting memories, and this creates our sense of place in the world. These phases in our life are the ones that create us, because later they produce a state of transformation so that we have the best kind of experience our connection with life can offer. This to me is relevant, because when we learn the world is an expression of change, it becomes inherent in our natures as an agent of progress. We improve the here and now and learn to acquire a greater element of sanguinity, which shows as a broader spectrum of awareness surrounding life and its many approaches. So, you come to know yourself as part of understanding your true nature, as peace is a person's choice to be in the world, but not of it, hence it's called having faith, belief, and trust in yourself, as you learn to live your life and not think it away. Especially while your young or it will all be too late by the time you're old, and as your inner maturity and confidence grow, you learn to think for yourself and be guided by duty through the maze of life. Hence, by knowing your own way of being an autonomous individual - and - still functioning without the need for direct instruction, would to me be knowing and understanding beyond mere intelligence and IQ and learning to live with the human condition. With a compassionate state of mind, you only have an attachment to learning about the world, being free to see, hear, and feel the full breadth and depth of life as an observer, because to know that what is sown becomes what you reap. Choose to be good at listening, and in turn gain the respect of humanity, in we all write our own type of understanding which can point to a conclusion, but only emotions will open doors, because in the end language only has the meaning you give it. So, let me introduce you to one simple fact: YOU DO have the chance to succeed at life, as you will never be able to define the 'you' in life because you will always supersede your own expectations, as you live - you learn". In good practice this means you are a natural part of life and can be anything you want to be when you decide to live life your way, as there is no predetermined destination to the journey, because it's of your own creation. Trust that you do have the answers to your own questions, because when you live by your own conscience, despite what anyone else says about your journey there is a purpose beyond the superficial. Your lives and loves will come and go but your choices will forever remain yours alone, so treasure the moment and don't ever waste it. And remember that all things being equal, you learn to live by, living to learn, this is how you gain confidence in life. People are a part of the world in all ways, as we live to build connections and associations in our lives, which help to shape the future for the better, so remember the mantra: Life is what YOU make it. © Mr Daniel M. Fisher, 2024

  • ART

    'I believe in forward thinking societies who exist to create better links between artists and their clients, so I'm proud to have the opportunity to uphold the Fine Art Trade Guild standard in commercial quality. Because my products don't just represent me, they stand for the progress of art industry principles in good craftsmanship and sound public relations'. Begin So, what does this mean to me? As an artist & online gallerist professionalism is a way of life, as to me the idea behind being creative is to help others in society to develop and improve their trust in themselves, which inherently then manifests as confidence in the very nature of the expression. Because the great thing about art is you can take your creativity in any direction you want, and by doing this a lot you can perhaps learn to experiment, which does lead to finding your own creative niche. You don't need to be a slave to art, just be willing to evolve by taking a few risks here and there, to be able to see beneath life's delusion. As superficial means inexorably lead to shallow results, the best thing to do is have patience with your efforts, until you discover what's best for you. Only you alone will know when you are at your best, because in the long term you will be pleased with your results, so I would suggest looking at the item every-day for twelve months until it comes time to apply a layer of varnish. This creates a favoured approach to art by way of learning to control your decision-making process, known otherwise as criticism you begin to probe the creative process to find better results out of life. This is because we reproduce on canvas what is true to us by way of manufacturing an outcome, as opposed to projecting desires as is usually believed. As a matter of note, on how complicated you, your life, or your art is, I would say the product is as 'direct' or otherwise as the process that bore the fruit. Don't worry about opportunities to make a mistake as these only serve to refine your understanding of the system you employ from the very beginning. Because in truth, we only ever know what we can foresee, and this means we begin our life as novices and end our careers as open-minded learners. Repeated exposure to previous years of achievements does help but only being able to pierce the surface of life and reflect on our expectations, will EVER satisfy your lust for acknowledgement as an artist. Just as having a financially rewarding deal to pay the bills does to your mood in life, art in its purest sense is only a means to convey your joy at being a part of something bigger. So don't worry about the ever-increasing social differences in life, because in being an artist you learn you are a part of the world in most ways, as you go through life you build associations and connections that shape your own and other peoples’ futures in a direct and sometimes profound way, that is the power of art. By taking visual inspiration and turning it into a presentation, you look to the here and now for meaning. Finding new avenues everywhere to expand into and express that rich variety of emotion that adds depth and colour to life. But to reflect on a continuing commitment to fully nurture your creativity, it is also choosing to be very inquisitive about life. Because in projecting your ideas onto canvas you inevitably gain peace in the portrayal of nature, and so philosophically speaking we all create authentic art. Being the oldest known and more deeply felt aspects to self-expression I often look with wonder at what the old masters of antiquity have achieved. With lesser tools and support than we now have, I begin to ponder on what prompted them to paint the way they did, which has furnished me with an entire display cabinet worth of musings. As I begin to open my mind to grander possibilities that live normally out of reach, but within the realm of imagination. An artist's studio is a kind of lateral thinking guidance on life for arts and humanities enthusiasts with many forms of knowledge and insights garnered over twenty or more years on art. Guiding and explaining art terms, styles, and techniques, which will hopefully help people who are interested in, or work with life. By learning some of the many approaches that go into the making of an artist you become more aware of our rich tapestry including: Traditionalism is a philosophy that confidently emphasises the crucial role of preserving traditional values and institutions. Explore the transformative power of spirituality and tap into your inner potential. Classicism is characterised by a focus on ancient Greek and Roman culture, as well as a commitment to order, balance, and harmony. Humanity is a complex and diverse concept that encompasses the entire sum of our experiences. Psychology is the study of human social interactions within a communal environment. Culture is an art that narrates unique stories and encompasses human history. Community is a vision that speaks from the heart, handcrafted with love, for your soul. Consider researching some others to include like: Professionalism, Society, Democracy, Capitalism, Authority, Utilitarianism, Establishment, Science, Career, Academia, Individuality, Between all these approaches you would create one-of-a-kind handcrafted art portfolios, each meticulously hand crafted with great attention to detail, ensuring the highest quality standards, for a unique experience by explore the talented artist within you using a unique artistic methodology. By creating a piece of art that is testament to your dedication and craft, you make breathtaking pieces that embody the true spirit of YOU and accomplish art that focuses on sophistication and refinement. Here, "Bound by Uniqueness" means finding out about the many cultures that exist in modern life and discovering who and what you think you are. In this sense art is a tool for meditation by reflecting to us our sincere desire for balance and harmony and so............ to be grounded, Objet D'art is more my style where the object has: value, worth, meaning, style, and an inherent attraction. Here, the old-masters transcend my definition of art, because I'm not an old-master - just a copyist, as in this strand of thinking your view of art is just as valid as my own, because art is an expression of YOUR world, where you learn to recognize your own place in it when you make art. When young I was regularly given pieces of scrap paper and handed my first toy which was a pencil, and this fired my curiosity and wonder at what the outcome could be. I found learning a deeply gratifying pastime to distract me from the many free hours I had as a child, and by the time I entered school I had accrued enough confidence to go from imaginative scribbles to copying quite simple designs from magazines. I’m an entirely self-taught artist and subscribe to an independent yet informal approach in my studio practice, as I draw my inspiration from matters that are close to the moment I live in. By nature, I provide commercially styled art including writing from the Scottish School and test the nature of my artistic abilities by formulating observations on the world at large. One of the oldest known activities in the world, art has a lot of visual inspiration that comes from a deeply formal outlook to life and to present this as a question, I often wonder about the lure of the old masters. Asking what prompted them to paint the way they did I'm furnished with an entire lifetime's worth of musings, thus I nurture my creative side and feel inquisitive about life sometimes. Looking to the here and now for meaning, I find new avenues everywhere to expand into and express that rich variety of the world which adds depth and colour to life. When I start to open my mind to greater possibilities that normally live out of reach but within the realm of imagination, my creative juices begin to develop into passion and a creative urge. And then decided to be more professional and produce a portfolio of products each unique within themselves, my art then became much more than a social pastime, it evolved into a visual language. I had discovered many types of rewarding and inspiring art along with their associated practices, and I believe that to make anything you must first have the notion to create or express an idea or feeling. Then be motivated enough to bring the project into being, through the knowledge of your chosen vehicle. So, what constitutes art? 1. Art: A depiction of a historical set of Norms. 2. Craft: Utilising Old & New Approaches. 3. Design: A Practical Approach to Planning. “Life-Size” artwork must be the same size as the object of focus to be called “Life-Sized”. The Seven Design Ideas: Unity, Contrast, Dominance, Repetition, Harmony, Balance, Gradation. The Seven Design Marks: Line, Shape, Tone, Colour, Texture, Size, Direction. “Abstract Pattern” is the collection of shapes on the canvas. “Treatment” is how “Resolved” a painting can be depending on how finished or otherwise you would like the work to have. “Gesture” or “flow” of the form through the composition is known as the “inner curve” and can either be “active” which is bundled up and contracted, or “passive” which is stretched out, usually both exist at the same time on the one form. “Packed Form” is the hierarchical stacking of smaller forms upon larger forms. Blending Lost and Found Edges: Running a brush along the edge perpendicular to the interchange, whereas Hard and Soft edges are running a brush at right angles directly over the interchange, and Feathery edges are circular motions along the interchange. Staccato: Short and diagonal. Slashing: Long and diagonal. Stippled: wet-on-wet blobs. Sgraffito: Scratching into wet paint. Gestural: Simple bold mark-making done in broad strokes with a large brush. Velatura: A Translucent wash used to tone the canvas first before painting. Imprimatura: A lean, transparent, and neutral under painting. Wash: A thin, lean, and transparent layer of colour. Glaze: A thick, fat, and transparent layer of colour. Scumble: A rough, vigorous, and more directly applied opaque colour. “Colour Families” are the groups of colours together on the colour wheel, e.g., more than one yellow, more than one blue, or more than one red, with all the individual hues within that family being brought together under certain designations e.g. Primary, Secondary, Tertiary, which you call the “Hue”. “Value” the relative lightness or darkness of a colour. “Temperature” is the relative warmth or coolness of each colour because warm colours advance out of the picture while cool colours recede into it. “Chroma” means either dull-and-saturated, or bright-and-luminous. “Tinting Strength” means the relative colouring power of the colours when mixed with each other, i.e. tint is the colour plus white, tone is the colour plus grey, and shade is the colour plus black. “Achromatic” colour is black and white with a variety of grey’s in-between. “Mono-Chromatic” colour is using one colour in a variety of tones. “Polychromatic” colour using multiple colours. “Compliments” are hues that are opposite each other on the colour wheel. “Analogous” colour uses two colours that are side by side on the colour wheel. “Mother Colour” is using the same colour in all the admixtures. “Prismatic Colour” is pure and brilliant primary colour. “Earth” and “Neutral” colours are reduced in chroma. “Non-Colour” is a hue that has lost its chromatic Identity. “Body Colour” is an opaque layer of paint which is usually a primary colour. “Tonal Colour” means organising colour and form according to a spectrum. “Value Contrast” are lights against darks or vice versa. “Colour Contrast” is when two compliments are side by side on the canvas. “Successive Contrast” is seeing one colour in the complement of another. “Simultaneous Contrast” is a merging of two complementary colours within the vision of the viewer. “Value Massing” is grouping similar light and dark details to create an abstract pattern of shapes. “Inside Drawing” is the tonal progression on the inside of the form, which is dictated by the distance from the light source, strength of the light source, and whether the surface is glossy/satin/matte. The “Cut of the light” is frontal light, three quarter light, half-light, and rim light, which are at certain angles to the object of focus. Sciagraphy: The study of shadows. Chiaroscuro: Heavy use of shadows. Penumbra: A lighter halo effect at the edges of shadows. Atmospheric Light: An all-encompassing secondary light from the sky. Direct Light: One single concentrated light source. Halation: Light burning out details then shimmering or reflecting onto other objects. Reflected Light: Light that strikes one object and then reflects onto another. Highlight: Is the brightest portion of the object that usually is facing the light directly. Light Plane: The side of the object facing the light. Middle-Tone: The slightly oblique side neither in light nor shadow. Shadow Plane: The side of the object facing away from the light. Shadow: A dark shape caused by a lack of light entering that area. “Refraction” is the diffusion of edges. “Diffraction” is the softening of light, form and colour caused by a heavy atmosphere. “Root Rectangle” is the height VS width correlation of the edges of the canvas when you draw a line from the centre of the bottom line to a corner and then drop it down: This forms from a root 1 rectangle a Root 2 rectangle of 1.41 and a Root 3 rectangle is 1.73 and a Root 4 is 2 and a Root 5 rectangle is 2.23 Etc. “Table-Top” Composition is balanced front to back and has deeper recession looking down on top. “Shelf-Top” Composition is balanced Left to Right, and you are looking straight on, with a level eye line. “Viewpoint” is a “Vantage Point” from which the viewer has of the scene. “Focal Point” is the primary area of emphasis that is the most interesting to look at, with secondary areas of emphasis supporting the main centre of interest. “Picture Plane” is the flat plane at the end of your vision in a scene and it encompasses the picture you want to paint. “Selective Focus” is the object in the centre of your vision which is in sharp focus with everything else being fuzzy and out of focus. “Vanishing Point/s” on the horizon line that objects slant towards which create perspective. “Counterpoints” are opposing design ideas used to create tension. “Counter-change” is the use of opposing design marks used to create balance. “Juxtaposition” is the change in difference of two or more elements that oppose each other. “Linear Perspective” is one point perspective and defines only the form. “Multi-Point Perspective” is an oblique view that defines the space the object is in. “Isometric Perspective” is based on a multi-point perspective containing multiple objects. “Geometric Perspective” is a lot like Isometric Perspective but Foreshortened to deceive the eye. “Atmospheric Perspective” Smaller, Less Detailed, Cooler, Duller, Darker, Softer, Greyer, Fuzzier, Neutral, all recedes. Larger, More Detailed, Warmer, Lighter, Sharper, Stronger, Clearer, Brighter, all advances. The “Sight-Size” Measuring method is where you stand back and measure an object in the real world according to a fixed point - usually a pencil held at an arm’s length and then scale it up or down according to your needs. An “Envelope” constitutes the block in phase where you work inside a broad shape, then onto smaller shapes for smaller parts of the image, starting broadly at first until you reach a certain degree of refinement. “Positive” and “Negative” Space Is the area in and around that object which can either advance or recede, the area around the object is what defines the boundaries. An “Implied-Line” is a series of points in the image that suggest a path for the eye to follow. “Comparative Measurements” determine the length or width of an object by comparing it with another, e.g., the length of the torso compared to the size of the head. “Relational Measurements” are well coordinated critical points of departure to confirm the locations of other points, orientating the relationships around each other. “Convexity” on the body is a “Fullness” or is outwardly rounded, with a point of origin, an apogee [highest point], and an insertion point at the end. They are either “Continuous” which means they are either fluid and seamless, or “Discrete” which means each form is distinct. “Length” and “Tilt” describe the qualities of every line, which combine to create the inclination and dynamism of every shape. “Triangulation” uses two or more points to locate a single new point e.g., “non-parallelism” which is comparing the sides of the same form to make sure they are asymmetrical. “Calliper Vision” is a process of measuring two points on opposite sides of the form. “Staging” the division of planes on a canvas according to Foreground, Middle ground, and Background, or in figurative painting this is the proximity of a character to the viewer. “Proportion” - Divisions either by grids or by diagonals e.g., Thales Theorem. To attain true realism, first you must choose a canvas that is the optimal size for the room in which it is to be displayed, then understand the optimal viewing distance. By doubling or tripling the longest edge once you have found the ratio for the room. 2ftx2ft square canvas = 4ft or 6ft vantage point. Use this ratio of the vantage point to measure the scene and find the optimal Viewpoint from which to paint the scene from e.g.: With a 2ft side x by a 4ft vantage point = 8ft from the scene in the real world with a 2ft x2ft square canvas. Line Drawing: · Alignments are the angles and lines that form positive and negative shapes. · Landmarks are used to scale and connect disparate parts of an image. · Direction of energy of the lines in the composition or “Rhythm”. · Character is either open or closed or blocking you. · Personality is either leaning in or leaning away. Mass Drawing: · “Essence” being the simplest form the object can be built with i.e., Square or Cube, Circle or Sphere, triangle or Pyramid. · The “Pose” is the silhouette formed by the person or object forming one large shape. · Clothes are either hanging, draping, stretching, or compressing. · Volume is caused by scale, values, and shadows. · Proportion is used to create perspective e.g., Geometric and Iso-Metric Perspective. To me, these reasons for art explain the joy I feel when intrinsically I feel a part of something greater, and put my faith, belief, and trust in my own ability to manifest ideas. I believe in creative skills enhancing anyone's life. I’m humble enough to admit when improvement is needed and have found new thoughts and ideas looking at old work of mine, as I’m cemented in my belief to take life seriously having a deep desire to study and learn first-hand from the world at large. Come hell or high water I have gone on to practice painting and drawing every day since, which has helped me cope in life. This willingness to evolve has given me the impetus to rise to life's challenges and develop my voice. With extensive experience in making art, I’m happy questioning everything and sometimes learning nothing. When making fine art I practise being creative with life's gold mine of beliefs and ideas, and philosophically speaking when I expressed my desires, I discovered people have their own unique point of view with a few common beliefs in work and life which bind the very fabric of our society together. The need for respect and the desire to work are universally accepted as normal, and my approach to these are the fundamental basis to my view of life. I hope to achieve success in my vocation by creating more art and by choosing to reflect on life’s great mystery, because the here and now are my origins for living. Art will never be as tangible as the real world, yet in the right hands can give the impression of the person's true self. Here are some characteristic styles and approaches to help the viewer muse on the significance of art, and please do take the liberty to question the classifications stated, as my art is not the sole directive of a chosen few, as the myth would have you believe. 1. Fine Artist: Realism, Classicism, Naturalism. 2. Artisan: Romanticism, Graphic, Fantasy. 3. Creative: Impressionist, Modern, Contemporary. Sourcing many of my ideas from a plethora of artistic influences and my limited exploration of my heritage, I fell in love with the light as a sense of the landscape and is why I want to capture the sheer grandeur of it all. Art in all seriousness should have a warmth and attitude that inspires you to observe and explore the point of good visual presentation. Hence I’m a philosophically inclined artist who wants to create fine and authentic artwork. Yet I can’t help imagining what it might be in the future, hopefully it will capture a sense of belonging. Joy is an artist's gift to the world, and I hope you too gain the satisfaction in life from expressing yourself through art! © Mr Daniel M. Fisher, 2024

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