Current Painting Still at my Easel ... A PEEK AT MY PAINTING IN PROGRESS/Artist Confessions

Ruby Red Original, Sold--(Prints Available) Her Popularity Became the Inspiration for a Sequel Artwork

Ruby Red was practically snatched off my easel by a recent client.  The popularity of this painting inspired me to create a sequel painting -- A blonde version with a white wine pour.

THE FACE - A SKETCHY IDEA

INSPIRATION FOR THE WINE POUR:

For the white wine pouring over her head, I chose Chardonnay for its color and also, because I could have a bit of fun with a "word play" on that varietal.  I will call the painting, "Chardonnae".  Usually, a painting title doesn't come to mind until after I create a painting.  I got a wine buzz!

FACE IN THE GOBLET:

For my painting reference photo, I chose a three-quarter facial view of a blonde, instead of a full-frontal view.  This choice differentiates the painting from its predecessor, but not without challenges.  Portraits are the most difficult subject to paint.  Add to that, the fast drying time of acrylics makes blending soft edges more difficult.  Also, acrylics dry noticeably darker than when they were mixed wet.

WHY DO I FREQUENTLY CHOOSE COMPLEX PORTRAIT PAINTING SUBJECTS IN MY WINE-THEMED PAINTINGS?

I'm establishing myself as a contemporary "go to" wine artist who celebrates the wine experience differently than the ordinary wine art genre does.  That involves creating wine art not typically seen.  I haven't seen any women's faces or bodies in wine vessels the way that I render them.  I hope to create sensual, elegant, simplicity in my wine narratives.  Zooming in to intimate views of realistic or abstract  human forms seems to engage viewers (and me) more.  It's a challenge that fascinates me.

BEYOND SKIN DEEP & ONWARD

GOING BEYOND SKIN DEEP:

After rendering her face similar to the reference photo, I realized she needed more dimension than was evident from the photo, especially on the left side.  Without a subtle change in plane from the side to the front of her face, she literally appeared flat.  The photographer used more than one light source to blow out most of the shadows cast by her features.  Fashion photography intentionally avoids light that creates harsh shadows and lines to produce more flattering results.  It was fine for the photo because her hand and her hair defined her well enough.  Isolating her face from the rest of her head and including more of the side of her face with the three-quarter view, as I did in the goblet, created more of a portrait challenge.  While I didn't want harsh shadows and features in my painting, I had to invent a more apparent light source and appropriate shading to define her facial forms.

COLOR CONFUSED/ADJUSTED

CHARDONNAY COLOR CONFUSION:

Considering my passion for wine art scenarios, it may surprise you to learn of my limited wine-tasting experience.  I have never observed or tasted Chardonnay wine.  (I do gravitate to white wines like Reisling and Pinot Gris.)  For the painting wine pour, I googled "What color is Chardonnay?"  I saw two kinds of Chardonnay pictured:  One, pale yellow-green and one described as a golden copper-yellow, or saturated straw gold.

I headed back to my easel with that descriptive vision of coppery-gold in my mind's eye.  Things went well with the painting.  For some darker areas to define the streams of wine pouring, I used a burnt orange.  Unfortunately, the oranges became so rich that the coppery-gold tones were overpowered.  When the painting dried darker, as acrylics do, I had a rusty-orange redhead;  not the sultry blonde I was aiming for.  This would not do -- I had to get it right.  Painting is a constant process of adjusting.  Sometimes you just have to get it wrong before you discover how to get it right.

I revisited the Chardonnay illustrations at my computer.  This time I noticed the color described as a coppery-gold was actually a yellow gold with a greenish cast.  I mixed a more neutralized gold and started painting over the dominating orange tones.  I feel I'm on the right track now.  I'll probably replace the orange in the wine bottle with neutralized green casts.  STAY TUNED FOR THE BIG FINISH IN THE NEXT POST...

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 UPCOMING ART EXHIBITS:

If you are local to Roseburg, I invite you to attend an artist reception for myself and two other artists, Susan Rudisill and Andrew Duclos at Fisher's Flowers & Fine Art, 638 W. Harrison St, Roseburg, OR on this Friday, 4/4/2014 from 5:30 - 7:30 p.m.  Fisher's is near the corner of Harvard and Harrison.  The art receptions at Fisher's are popular for their fine art, delicious treats and fine wine tasting.  I have a few large, sensual wine paintings on display at Fisher's from now through June 27, 2014.  I'd enjoy visiting with you in this relaxed, fun venue if you attend the reception this Friday.

Sandi's vibrant, textured floras are hanging at Ticor Title Insurance and next door she has a few wine paintings on display at Fortress Financial, 180 Lithia Way, Ashland, OR through April 2014.  These are new venues for Ashland's First Friday Artwalk, April 4th.

wine fantasy prints
See more of Sandi's art at her website

My Art Copied in Las Vegas Without My Permission: Should I Be Upset? What Was the Outcome?

Wine Affair ©Sandi Whetzel

Wino Wine Bottle

Imagine my surprise when I saw that a Las Vegas business intended to use an obvious imitation of my painting, Wine Affair, (above left) for one of their events.  For a nominal fee the restaurant and painting studio provides painting materials to guests who are guided through a re-creation of the featured painting of the evening.  Participants paint, socialize and dine on gourmet foods and partake of alcoholic beverages offered for purchase. What a novel concept for introducing people to a "painting experience" while capitalizing on the sale of food and beverages during the event!  It sounds like a lot of fun.  Above right, is the featured painting they intended to be re-created at the painting event April 17th, 2013.  Is it inspired by my painting?  Is it a copy of my painting?  I'd be interested in what you think.

I think there are too many obvious similarities in the two paintings to leave any doubt this version was copied from my painting.  First, I know my painting is an original.   I created it out of my head from scratch in 2010.  I had not seen anything like it anywhere before.  The goblet is from my cupboard, but I painted it abstractly.  I worked long and hard on several sketches of the goblet before settling on its shapely placement.
                          
The treatment, shapes and placement of the goblet, bottle and moon are nearly identical.  The swirls in and around the moon and around the bottle are another giveaway.  The colors and their placement in the bottle closely resemble those in my wine bottle.  The painter chose to use a shorter canvas format and alter the angles of the goblet slightly in an effort to change their version and avoid copyright infringement.  However, as complicated as it is to determine copyright infringement, one guideline is:

The test of an infringement is whether an ordinary person would determine that one work is copied from the other; the copying need not be exact.

My first gut reaction when I saw this painting was to smile and feel good that somebody was so inspired by my Wine Affair  painting that they wished to create their version of it for use in their business.  The familiar quote, "Imitation is the sincerest form of flattery" came to mind.  I had to laugh at the mere prospect  that my work might be famous enough to be copied!  If I had thought this imitation would reduce my ability to profit from reproductions of my painting, I would have been furious and demanded recourse.  However, I did not feel it would be a threat to the sale of my original or reproductions of it. 

Wino Wine Bottle is a playful piece.  The sad thing about this imitation is that several sacrifices in the re-design of the painting were made, either in an attempt to differentiate it from my painting, or maybe the artist just didn't know about more aesthetically pleasing elements of design.  Even sadder is that they would have been encouraging their class participants to repeat those design flaws by copying the mistakes.  

Crowding the bottle and the moon too closely to the top of the canvas and squeezing the bottom of the goblet and bottle too close to the bottom of the canvas makes the composition look awkward and amateurish.   The weight of the goblet and bottle appear to be falling through the bottom of the canvas.

Allowing the goblet to share its edge with the curving silhouette of the bottle creates another awkward "crowded" sensation. One of the objects should be placed behind the other, or leaving some space between them would avoid the awkward look.  I also feel that the color of the wine next to the harsh white of the goblet appears garish.

If I were a vindictive person, I might have seen an opportunity to go after this business for their copyright infringement and possibly be awarded a large sum of money.  In this situation, I don't feel it would have been worth the frustration.  What do you think? You can either email me your thoughts from the link at the right sidebar, or you can use the comments section below this post.

EPILOGUE:  Right after I first posted this blog I started thinking about the repercussions of having copied  versions of my painting floating around the country and the internet if the business had used it.  If people saw the copy and then saw my Wine Affair original, might someone question whether I had copied Wino Wine Bottle instead of it being the opposite situation?  And was it fair for participants not to know they were copying copyrighted art?  I also wondered how many other artists' work might be exploited if I kept silent.   I contacted the restaurant and studio to inform them of their copyright infringement.  I am happy to report, they have ceased advertising Wino Wine Bottle as the featured painting and will not use it for their event. 

By the way, the original of Wine Affair  and reproductions of it and other of my paintings are available at my new print-on-demand website .   sensual wine art art

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