OPA - Oil Painters of America

Dedicated to the preservation of representational art

Susan Abma

Remembering William Whitaker OPAM March 5, 1943 – March 6, 2018

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From birth to his final days, William Whitaker lived and breathed art. His art and his imprint in the art world will live on for generations into the future. The OPA Master painter was born into a family of artists and musicians. His life could have gone in a very different direction because his father repeatedly told him to “get out of art,’ but thankfully it’s advice he didn’t heed. As a result, Whitaker became the modern-day master who continues to inspire multitudes of artists and collectors world-wide.


The articulate and humorous artist got his start as a child. He learned to draw from his uncle who was one of the top cartoonists at Disney. In an OPA interview with Whitaker in 2016, he said his uncle “was very talented, but he didn’t love what he was doing and eventually quit creating art.” During that interview Whitaker gave great advice that will continue his art legacy. “Follow your feelings,” he added. “You need to really like to do this. You have to have something to say.” Whitaker said we should think of ‘art talent’ as ‘art talentS’. “We all have strengths and weaknesses. Of course painting abilities are all well and good and are expected, but there are other very useful talents. Some of us are good at self-promotion. Some have writing skills. Some are good at public speaking and might have useful musical skills that can get them noticed. Some are excellent teachers with communication skills. Some can run a business and know how to get a good discount on art supplies, he chuckled. Some are organized and can make a good business plan and follow it. There is a talent for managing works of art and recording and filing. Being able to type fast and accurately is very useful. Some are good at research. Some are good at making things, including frames or shipping crates.” Whitaker graduated from the University of Utah, where he studied with portrait artist, Alvin Gittins. In the mid-60’s he lived in Los Angeles where he was art director for Capitol Records until he was recruited to create the now prestigious Illustration Department at Brigham Young University. In recent years he had retired to paint in his private studio.

Me and William Whitaker
Whitaker always emphasized the work involved in a successful art career. “What I think takes us all by surprise is how much time it takes each day to manage an art career. Such seemingly little things such as recording, photographing, framing and varnishing take a surprising amount of time.” Putting a painting in a show or gallery before it is time is one of the biggest mistakes artists can make, Whitaker asserted. “It is not a good thing to have a flawed painting hanging in a show. Ideally it would be best to keep everything for a least a year before showing it. That would allow the scales to fall from your eyes so you could see your own work clearly and get rid of the bad ones. Also, it would mean that a work could thoroughly cure before it was varnished. Nobody gets up in the morning and says, “I think I’ll do a mediocre painting today.” They just happen. As our eyes and brains become tired, we lose the ability to judge our own works, but put the painting away for a couple of weeks or a month and when we see it again it’s like it was done by somebody else and we can see it clearly for what it is.” A related problem, he added, is not saving your best work for the best shows or exhibits. “Nothing is as bad as selling your very best work and having nobody but the buyer see it.”

Legally Protecting Your Artwork

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Attorney Bill Frazier, who specializes in art-related legal issues, spoke to OPA artists at the national exhibition in Fredericksburg, Texas.

He told the audience that it is very important to have a written agreement rather than just a verbal agreement with their galleries. A number of artists ran into serious issues, and resulting losses, when galleries went bankrupt and the artists’ works were considered to be assets of the galleries and not the artists. “Every artist and gallery should have some kind of written agreement about the artwork.”

Empty Gallery
Check to see that a gallery is displaying your artwork and make sure your contract states that the artwork is not an asset of the gallery.
Image courtesy of aopsan at FreeDigitalPhotos.net

Among the items that should be in the agreement, Frazier recommends that the contract clearly identifies the artwork, medium and size, and that it also stipulates who pays for framing and advertising, whether discounts may be offered and who absorbs any discounts the gallery may offer to a client, and what would happen in the event of a bankruptcy. He said to be sure the contract states that the artwork is not an asset of the gallery. Most states have consignment laws that deal with this relationship. This is important because otherwise, he said, the laws that govern most other products in retail establishments also govern art. Above all, he added, “When you have an agreement presented to you, make sure you understand the terms of the contract before you sign.” To protect yourself against losses, Frazier said to “keep up with your galleries. Go to the gallery – make sure they are showing your work. The bottom line is: this is a business. You are producing a product.”
Copyright
For full legal protection, include your name, copyright symbol and year of completion on every image and on every web page.
Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Frazier also discussed some of the common misconceptions with copyright. He said that while many artists believe their signature on an artwork is sufficient, “for full American legal protection put the copyright symbol on the front of the image. You do not have to, but I recommend to my US clients that they do it.” “The only term that is legally sufficient is the word ‘copyright’ or the copyright symbol: ©.” “It is still not going to keep anyone from stealing anything off your website, but it’s better than nothing.” To avoid internet piracy, he said, “The best you can do is try to have a standard practice on your website of using the copyright notice, which is your name, copyright symbol and year of completion on every image and on every page.” He recommended artists check the website FBI.gov for more information on intellectual property theft. But in order to sue for copyright infringement, it (the piece of artwork) has to be legally registered with the copyright office, said Frazier. More information is available on their website at www.copyright.gov. He also reminded the artists, “One thing to remember about copyright (law) is that it changes frequently.” And, he adds, you have five years to file for copyright registration from the date of completion of the artwork.
Frazier also cautioned the OPA artists to be careful if selling their work by auction. “A lot of problems occur for artists at auctions. I suggest you never participate in a ‘without reserve’ auction.” Then, he adds, “if the auction house does sell it below the reserve price, they have to make up the difference to you.” A ‘with reserve’ auction is one in which there is a reserve price below which the artwork cannot be sold.

Montana attorney Bill Frazier specializes in art-related legal issues representing artists, galleries, collectors and museums. He is author of more than 350 articles for national art and legal publications, including a regular column in Art of the West Magazine.

Challenging Painter's Block

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"Plans for Christmas" by Susan Abma
“Plans for Christmas” by Susan Abma
Here’s a few ideas to think about whenever you get a creative block and find you ‘just can’t paint right now.’ There’s no guarantees, but they just might work, so it could be worth a try…
1. Paint your favorite drink – whether it’s a cup of tea, a pina colada, a steaming latte with lots of foam, or an ice cold beer – paint it in such a way that would show the viewer why it’s your favorite and how much you love it.
2. Go through the newspaper and find a photo – the first one that catches your eye – and paint your version of it – it could be abstract, realistic, finger-painted, or painted any way that might get your creative juices flowing for the next project.
"Eyes in Mirror by Candle Light" by Susan Abma
“Eyes in Mirror by Candle Light” by Susan Abma
3. Look in the mirror at yourself in this painter’s block mood and paint just your eyes, so that it shows how you feel and why you can’t paint right now. In doing so, you’re already on your way to stifling the creative block.
4. Paint yourself as a person with the occupation you wanted as a child – did you want to be a fireman, a hairdresser, a bungee jumper, a police officer, a dancer? Give yourself a day as the person of your childhood dreams.
5. Do you love spaghetti? Eggs benedict? Chocolate Mousse? Strawberries? Your secret recipe? Paint it so everyone can taste it with you.
6. Repaint the first thing you ever painted. Just knowing that you now have a greater technical knowledge will help you paint that image with confidence.
7. Paint your worst habit – do you smoke, drink, eat too much chocolate? Paint in a way that will show how bad this habit is. Perhaps your painting, over time, will actually even help you quit your habit – if you even want to.
8. Paint about conformity – peas in a pod, ducks in a row, bananas in a bunch, etc. Make sure that part of your group doesn’t conform – for instance, leave one of the peas out of the pod.
9. Paint yours or your child’s favorite toy. Show some of the worn areas that clearly display how much it has been loved.
10. If you’re really hoping for some particular thing in life – paint it – maybe a cottage at the lake? A diamond ring? A new tool box? A particular make and model of vehicle? A child? Live your dreams through your painting.
Remember that at one time you only dreamed you could paint – now you truly can paint your dreams. Just make those first strokes that will put you back on your way – you can do it – you just need a little motivation. Hopefully you’ll find it here.
© Copyright · Susan Abma