AK 09 - Letters from Readers

Greetings and salutations AK true believers. This time around I have received a couple of fabulous questions from the attractive talented readership of AK supply. Here goes…

"It is my understanding that anyone selling "art" on the streets of New York is allowed to do so without a permit. Is there a distinction in the eyes of the law between unlicensed street vendors and artists displaying their work on public sidewalks?" Stephen Olivier

Well sweet heart - here is what I know: It is absolutely your First Amendment right to display/sell your artwork on the most city streets anywhere. At least we still have some civil liberties left, although I am sure if you were displaying images of Bush as Satan, Tom Ridge might personally find a way to put you in some tropical gulag. In general artists (as opposed to those selling anything not made by their own hand) do not need "peddlers permits" as they are referred to most places For example, in Columbus Ohio the statute reads "Because artists are displaying and selling items they have manufactured themselves (works of art), the regulations and restrictions which apply to street vendors as listed in Chapter 523 do not apply to artists…" As for New York City, there was recently a big court battle between the Giuliani administration and some of the artists who sell outside the Metropolitan Museum of Art here in New York which you can read all about online here. This time the artists were victorious but there are still members of the city Council in this fair city that are trying to force artists to obtain permits thereby effectively limiting everyone's First Amendment rights.

I suggest that if you want to get out in the street and want to avoid getting hassled that you check in with a lawyer first so that you know what your specific rights are, knowledge is power my loves! As these things vary, you should contact a lawyer in your area. Most states have chapters of the organization Volunteer Lawyers for the Arts which provides free legal advice to artists, in New York the number is 212-319-ARTS.

Showing and or selling your art work in the streets is a great way to get feedback and maybe even greenbacks, but it's not for the faint of heart. The artist Eric Doeringer is exceptionally nervy for selling bootlegs of famous contemporary works outside Gagosian on West 24th Street in Chelsea and outside the Armory Show every year. Artists I know that have taken to the streets generally report having good experiences and in some cases getting new clients but some artists find dealing with all the kooks, cops and con men not worth the trouble. I myself would welcome more artist showing in the street - especially in Chelsea which seems to be the most inhospitable and lifeless art district ever. Then again, as soon as the street are lively, in come the GAP stores and Starbucks barristas in those horrible green hats, so I'll be careful what I wish for. So bundle up, get out there and show them what your made of!

"Hi I enjoyed your frank upfront and witty article. I was wondering about your feelings on Internet galleries in general. As time ticks away ; I am a little paranoid of putting myself online w/ a space when I'm not fully & (hopefully) to be selling and established yet, for fear of being copied. I have always been ahead of some ideas; time wise; but timing is not in sync yet. Appreciate your thoughts and time thank you." Joe Heidecker

Unless you are selling Nagel prints or statuettes of Jesus playing soccer I wouldn't recommend putting all your eggs into the over-hyped Internet basket. Most Internet companies that had the bright idea to sell artwork have gone under, a few remain but you will find that they do a lot more than simply sell art online. Mixed Greens is still at it but they also have a very strong "live" trade going on at their headquarters in NYC. Organizations like Guild.com have decidedly moved more towards selling craft objects and places like Eyestorm.com went by the way of the dot.com bust. In fact I just got word today that Sotheby's is shuttering it's online consignment operation. Boo-hoo.

I personally believe that selling art online is nearly impossible due to the constraints of the medium - i.e. you can only see it small scale and in very low resolution. Viewing art online is like cybersex, a tantalizing idea but ultimately a frustrating episode in one's short life. (Not that I would know!) This especially goes for slow and poorly designed artist's web sites. For the small portion of the population who does buy art at all (which is sinfully small), most of the fun of it is getting to know artists in person in all their glory, interacting with the artwork with all our senses and sipping the heady brew that is any art scene, anywhere.

As for being worried about people ripping you off my sweet, you run that risk showing your art anywhere - it just makes THEM a very sad sack for having ripped you off from a tiny image online. Get out there and make a name for yourself or copyright your work if you are that concerned about it. As all of my readers know by now, you are always better off getting your artwork in front of some real live people (and getting them on your mailing list) than spending the time, effort and money it takes to get it into an online gallery. This is not to say that having your portfolio online is a bad idea, it's always nice to give people the opportunity to privately peruse your work, but an online sale is usually a long shot. Of course none of these rules apply if you are a commercial artist, illustrator or designer when having a portfolio online is essential and may get you life-sustaining commissioned work. Best of luck to you Joe!

Thanks for your timely and insightful questions and for heaven's sake keep them coming - your messages keep me warm and toasty during these long winter days!

Mistress Esa