{Put This One on Your TBR List} Review of Wolf Worm by T. Kingfisher Paired With Karen Wiesner's Botanical Artwork by Karen S. Wiesner

 

{Put This One on Your TBR List}

Review of Wolf Worm by T. Kingfisher

Paired With Karen Wiesner's Botanical Artwork

by Karen S. Wiesner 

  Beware: May contain unintended spoilers! 

T. Kingfisher (the pen name of Ursula Vernon) is a versatile author, illustrator, and artist. Her novel Wolf Worm, published in March 2026, is exactly the kind of gothic fiction I love--you know, without the needy, pretty--according to her own assessment--damsel in distress who gets sucked into a life-threatening situation that seems supernatural on the surface (but, like every episode of Scooby Doo, isn't). Oh, and she makes everything worse with her stupidly romantic nature and need to be rescued by a big, strong man. 

A little background about this tangent I'm going off on: A few months ago, I was looking for a new audiobook to get interested in and stumbled across the 1966-1972 Dark Shadows book series, credited to Marilyn Ross (one pseudonym of W. E. D. Ross, an actor, playwright, and author of more than three-hundred novels!). The thirty-three books in this series were gothic romances (that dealt with an actual vampire and other monsters), but not what I consider particularly good ones. In any case, the first volume, Dark Shadows, was flat-out painful to listen to. This obviously male author didn't understand the first thing about women, and it showed. I can't tell you how many times we were given a physical description of the female lead somewhere along these slightly exaggerated lines: "Victoria brushed aside her thick, luscious locks of perfectly-coiffed hair surrounding her hauntingly beautiful, heart-shaped face." Give me a break. Every man in the vicinity was attracted to this goddess, but she had eyes only for the psycho-villain-or-dashing-hero? widower of the piece. Nothing could convince her to save herself. Alas, this was just the tip of the iceberg on the type the gothic fiction I despise. 

In subtle contrast, the basic formula of a really good gothic romance is a strong, smart woman (who's probably passably attractive but the reader isn't beat over the head with descriptions of her world-stopping, leave-no-male-unaffected beauty) who finds herself in unfortunate circumstances. She's forced to go to an isolated property where something sinister is going on and usually has been for decades. While she might ultimately fall in love with the main suspect, the romance is secondary to the creepy setting and mysterious events that have usually been unsolved and that she has to investigate and resolve before dire harm comes to her. This is a worthy heroine who saves not only herself but the others around her as well as the day. 

That's exactly what T. Kingfisher has brilliantly given us in Wolf Worm, set in 1899. Sonia Wilson is a thirtysomething botanical illustrator. Kingfisher is herself an extremely talented artist, and, given my own love of rendering plants in art form, I just soaked up everything creative she offered in this tale. The easy knowledge of the author made her main character so authentic and compelling. Sonia's father was a renowned scientist, something she aspires to, but, after he died, she was left to make her own living in whatever way she could, as most orphaned "spinsters" were forced to in that time period. Eventually, she's offered the job of illustrating Dr. Halder's insect collection on his reclusive manor property in the woods of North Carolina. Other characters are the lovable housekeeper, Rose, and her significant other, Jackson, who also works on the estate. The preacher also inserts himself into Sonia's life after her arrival. A local healer called "Ma" something also helps Sonia when oddball things begin to happen. 

Woodland animals are acting very strangely, doing impossible things that normal animals just can't do, the household chicken coop is being robbed every night, and Dr. Halder is sneaking around in the forest after dark. There are local whispers of "blood thieves" compounded by the unsolved mystery of Halder's wife's fate. She'd cheated on him, and Halder supposedly dispatched the homewrecker--justifiably, according to some members of the local population, who "don't brook with no infidelity". The real horror in this story is Dr. Halder's life's work--parasitic maggots that burrow into human flesh. I'm not a person who likes even thinking about things like this. My whole body revolts and feels like it's been invaded by horrible things that I can't even see. Long, hot, rubbed-raw showers ensue and endless hours are wasted on feeling like I'm going insane with the itching dread. (Let's face it, it's scientific fact that we do have things crawling all over us that we'd prefer not to consider let alone believe are there.) Ugh! Don't think about it. Do not start thinking about it. Whatever you do, donotthinkaboutthisplease! 

Yeah, so Kingfisher forces us to not only think about it but to watch the horror happening in Wolf Worm in slow motion. 

I have to admit, more than once, I had to go back to the audiobook I was listening to of Wolf Worm and make sure it was, in fact, T. Kingfisher, not Caitlin Starling, who'd written this. Everything about this book reminded me of Starling's work, especially The Death of Jane Lawrence (highly recommended--do a search for my review of it on this blog). Starling loves body horror fiction with strong heroines that are also slightly vulnerable, a lot broken, and far too willing to go where no sane woman might. I loved the atmosphere, the creepiness, the compelling secondary characters that really rounded out this story and made it something I couldn't stop listening to in the course of just a couple days. 

I will also add that I really would have preferred to read the book version of Wolf Worm (hard copy, though ebook would have been okay, too), but, as I'd asked to be notified of the release of any version of this book on my library app, I was glad to practically be the first in line when it became available. I liked the way the narrator made the voices fit the locale the story is set in. I do want to read a copy of the book at some point, though, because I've definitely noticed that I miss a lot with an audiobook versus reading the book myself. I'd also like to own the hard cover of Wolf Worm. It's absolutely worthy to join my collection of other T. Kingfisher print editions. 

In summary, run, don't walk, to get a copy of this book as soon as possible. If this is your kind of gothic fiction, you won't regret it. 

And, just because, here's a couple of my own fledgling botanical illustrations, both with and without color, which I'm certain are nowhere near as wonderful as anything Sonia and/or Kingfisher would produce. Looking at them again puts me in mind of the coming spring and summer growing season and the plants I'm hoping to photograph, sketch, and/or color this year. 

  Rosebud in Vase Sketch @ Karen Wiesner 

  Leaf & Twig Texture in Colored Pencil @ Karen Wiesner

  Scarlet Poppies and Summer Berries in Colored Pencil @ Karen Wiesner 

Karen Wiesner is an award-winning, multi-genre author of 156 titles and 16 series. 

Visit Karen here: https://www.writers-exchange.com/Karen-Wiesner/

Valentine's Day: Passion, Peace, and Purpose An Original Article with Artwork by Karen S. Wiesner

 

Valentine's Day: Passion, Peace, and Purpose

by Karen S. Wiesner

Copyright @ Karen Wiesner 

Clematis Vine on Trellis Sketch Rendered in B&W with Minimal Colored Pencil 

  

It's hard to celebrate Valentine's Day when you consider the fractured state of the world. When you look around, you don't have to search to find the bad. It's always there, everywhere your eyes land. It calls attention to itself. It vies for our attention like a proud toddler parading around his newly completed artwork. Negativity wants to steal every part of our focus and schemes to infect and bring us down, preventing positive change from taking root and spreading hope. Bad news will find you every second of every minute of every single day. It's everywhere, determined to suffocate you and steal all the joy out of your life. This is the case, without fail, and forever. You don't have to take a single step to find negativity or bad news because it will find you first. You can't hide from it, no matter how much you might want to. 

The good stuff, the good news, exists in this world, but it's much harder to see, let alone find. You actually have to go looking for it and even then it wouldn't be easy to locate. It's rare you'll ever find it. You have to make a dedicated effort to seek for it, long and hard and with everything in your being. Often, it's like cutting against the grain to even make this effort.

Here's the truly amazing part, though: You don't have to go searching far and wide for the good in life and things that feed your passion. In life's often times' contradictory and ironic serendipity, the things that bring true, inner peace and purpose are already inside you.  These things are made up of who you are and what you already love. 

Sometimes we feel so lost, we don't know how to tap into our passion, peace, and purpose, in part because they require you to look within instead of without (infinitely harder for most people), and they demand your devotion--both your time and your energy, which can be in short supply when there are so many other things vying for both. It'll take strong will, but if you can free up for yourself just fifteen (even five, if that's all you can spare) minutes of every day to draw out the passion that gives you joy and imparts, alongside it, peace and purpose, you'll see the entire world from a different perspective. Don't let anything distract you for those five to fifteen minutes. Shut out the world. Analyze yourself and the things you love, the things you're drawn to, the passions that bring out the very best of you. 

You probably won't need money to bring out that passion because, always, these kinds of things come from within. (I believe they're instilled inside us at conception.) I can't imagine you won't recognize it because you'll come to life and light up from within when you identify your passion--it's the missing piece that is you. This is your happy place, and here you belong; here (together with this piece/peace), you become what you're meant to be. 

Be aware that what you're searching for probably isn't larger-than life, nor is it an ethereal or even an ephemeral thing that wins you fame and fortune. It may not even be a single thing. It could be and probably is more than one, each fitting together and allowing you to find peace in a chaotic world and giving you the motivation to pursue it each and every day. It's the quiet passion deep within your soul that says, "This is where I want to be. Where I'm me. Where I'm happiest. Where I'm whole. Where I can do the most good for myself and others." For some, that's immersing the self in nature and the quieter, more solitary aspects of the earth. For others, it's in books or art or learning. Still others only find peace when they empty the self and give to those in need. 

Whatever your passion is, that's where your main focus should be. Think about this: If you spend your entire life fixated on the sad state of the world, all the negativity and bad in it, and on a volatile future churning out doom and gloom left and right, the present will pass you by and you'll miss everything that could have been worthwhile. Cut out what brings you down wherever and whenever you can without isolating yourself completely from it. (Hermits rarely make the world better for themselves or anyone else.) 

It requires willpower to live in the present and make something good out whatever's before you in the place you're occupying, in this time you're given. If you find the things that feed your passion, you'll experience both peace and a sense of purpose. You'll be doing something that gives you hope and roots and a place to exist that feels safer than anything the world can ever provide. When those things occupy your time and energy, you can let go of all the things that you have no control over in this world. You'll find both a will and a way to reconcile with them because you're doing your part in bringing something worthwhile into being.

Your life and the way you live it can bring inspiration, illumination, and motivation to everyone around you--even without you doing anything except pursuing what you love, and spending your energy and focus on them instead of on all the negative stuff. Trust me, the world does not need or even care about your attention, as hard as it clamors to steal every ounce of it, nor will it ever reward you the way inner passion, peace, and purpose do and will--without restraint and perpetually if you remain dedicated to cultivating it. 

In truth, I don't think most of us even need to hunt for our passion, peace, and purpose. You know what yours are. What you may lack and are probably looking for is the time to immerse yourself in them. By committing yourself to just five to fifteen minutes of every day without distraction to pursue at least one of these things, you live in the present and invest in the future. Don't let anyone or anything take those minutes away from you. If you've only just started on a passion you've wanted to devote more time and energy to, what small goals can you set to see it come to fruition? Take a lesson from a gardener: Most of the work happens in advance of the season we're looking forward to. We plant bulbs in the fall in hopes they'll come up and bloom in the spring or summer. If we didn't plant and prepare in the present, nothing can happen in the future. 

This Valentine's Day, think about your passions and how they can bring you peace and purpose today and throughout your lifetime. Start in the present, planting seeds for the future. If, as I have been for the past few years, you're aching for a return to things that motivate you to be your best self instead of leeching the life out of you, sit down and draw up a table of your passions. What three things most define who you are and what you love to do? Below each passion, include how those passions present themselves in your favored activities. My own trinity of passions looks something like this: 

Passion #1:  Writing	Passion #2:  Art	Passion #3:  Music
Devotionals	Sketching and illustrating (colored pencils, painting, etc.)	Listening to
Articles/essays	Gardening	Playing piano and singing
Reviews	Simple living, going back to the basics, and making everything homemade--including food, decorations, greeting cards, and gifts for loved ones	Songwriting and composing

I want to do so much more of all of these things in the future. While I'm retiring from writing fiction (as soon as I can manage it--other than children's stories), I will never stop writing. I feel like I've just started with the last two--these little seedlings are just sprouting. There are so many angles to pursue, my days and energy are bursting with them. All of it makes me eager for the future when I can hopefully see them bloom and blossom. 

Once you've established a routine, let your passion grow. Take more time for these things and give them the majority of your focus because they're the important things in life, the tasks that you'll feel good about in the end because they'll shape you and touch the lives of everyone around you. 

Karen Wiesner is an award-winning, multi-genre author of over 150 titles and 16 series.

Visit her here: https://karenwiesner.weebly.com/

https://karenwiesner.weebly.com/karens-quill-blog

Visit her publisher here: https://www.writers-exchange.com/Karen-Wiesner/

Illuminations

From the review in my newsletter back when the book was first released, here's my take on T. Kingfisher's ILLUMINATIONS, reviewed by Karen last week. As she mentioned, this isn't a horror novel, like the books that made Kingfisher one of my new favorite authors, but an alternate-world fantasy for preteens (judging by the age of the protagonist, although readers of any age can enjoy it). It takes place in an alternate nineteenth-century Europe in which the French Revolution, or its local equivalent, seems to have succeeded better than in our history, for the whole continent uses the Revolutionary calendar with its renamed months and days. The heroine, Rosa, dwells in a city resembling Venice, with canals, a Dynast instead of a king, and mostly Italian-sounding names. An orphan, she lives with her eccentric but endearing extended family, one of the most distinguished lineages of illuminators. She’s practicing the art but so far hasn’t graduated to producing actual illuminations. Her favorite things to draw are radishes with fangs. Unfortunately, that image serves no useful purpose. There’s a massive reference tome listing all known illuminations, each of which must be drawn in precise, unvarying detail to be effective. Fanged radishes aren’t among them.

Against the background of a major civic project using illuminations to fix a long-term problem with the city’s sewage disposal, Rosa’s own trouble begins when she finds a mysterious box in the basement. She accidentally releases a creature imprisoned in the box, and a crow painted on the lid comes to life. His information about the history of the box and its connection to one of Rosa’s ancestors seems a bit shady, and he’s easily distracted by the urge to pilfer shiny objects. His insistence that she not tell the rest of the family about him gets her into trouble when the diminutive monster starts vandalizing their home workshop and the illuminations themselves. After the nuisance escalates into danger, though, the crow does come clean with the full truth at last. I don’t want to go into spoilery detail about the family’s fight against the malicious creature and its minions, so I’ll mention only that Rosa’s radishes play a surprising role. Meanwhile, the story nicely balances Rosa’s magical woes with her preteen-girl difficult relationship with her best friend, daughter of another important illuminator family, who’s just enough older than Rosa to start making real illuminations for clients. Like Kingfisher’s A WIZARD’S GUIDE TO DEFENSIVE BAKING, ILLUMINATIONS portrays a young heroine whose odd magical talent turns out to be of vital importance. As usual, Kingfisher writes the protagonist’s viewpoint in an irresistibly witty style.

Margaret L. Carter

Please explore love among the monsters at Carter's Crypt.

Oldies But Goodies {Put This One on Your TBR List} Miss Hickory by Carolyn Sherwin Bailey by Karen S. Wiesner

 

Oldies But Goodies

{Put This One on Your TBR List}

Miss Hickory by Carolyn Sherwin Bailey

by Karen S. Wiesner 

 

Beware potential spoilers! 

The world was a very different place when Miss Hickory by Carolyn Sherwin Bailey was published in 1946. This was a children's novel, not a picture book with questionably well-done art accompanied by a sprinkling of words across the pages. Miss Hickory has 128 pages, 24,000 words. Back then, children were often read to by other people, usually parents. No doubt, many of these books were far beyond the child's own reading level yet the stories were perfectly understandable to them. The current suggested age for this book is 8 to 12, which boggles my mind a bit, and not simply because I can't imagine too many kids these days picking up a complex book like this. Additionally, back then stories like this one seemed to have a higher purpose than simply entertaining readers. 

Miss Hickory was one of the very first books I ever read on my own as a child. With a protagonist who's a living doll made from a forked apple tree twig and a hickory nut for a head, her story was magical to me. Miss Hickory lived in a luxurious corncob house made by her owner Ann. Miss Hickory is used to being spoiled, but now things are changing. Ann is going away, and selfish Squirrel has decided he likes Miss Hickory's comfy house for his own winter home. Crow helps her find a nest where she can live out the winter, but she'll need to be clever and courageous to survive. The author and her husband lived on a farm with an apple orchard, and she drew inspiration for this story from there. 

When I reread this enchanting story again recently, it was to the realization about just how prickly and hard-headed (sorry) Miss Hickory is. She likes to instruct people how best to live their lives but accepting help from others always leaves her irritated. And sometimes she misses out on wonderful things because of her stubbornness. Hilariously, she also likes be very feminine, and we find several chapters with Miss Hickory being a fashionista by making herself new and beautiful clothing out of things like maple leaves and grass and cherry blossoms. I found it interesting that Miss Hickory took the existence of God for granted. There's a Christmas miracle to be seen, but she misses it because she's too pigheaded to listen to anything Squirrel has to say. Does she learn her lesson through the many chapters in which she and her friends live out their lives on the farm? I'm not sure. But she does learn a lot about herself--her own origin, for one. 

This story was told very strangely. Most of the chapters were from Miss Hickory's point of view, which made sense, as this is the compilation of her adventures during the seasons. However, sometimes we're put into the perspective of another (usually animal) character for no other reason I can fathom other than that the author felt she'd started a story with that particular character and needed closure before going back to Miss Hickory. 

Though Squirrel plucks off and takes a bite of Miss Hickory's head (too scary for modern readers in both words and illustration? probably)--his character is suitably drawn with all the complexity needed for readers to find him endearing despite his actions. He's an animal designed for storing up food for himself, yet he can't seem to remember where he's hidden all his nuts from one minute to the next, let alone over the course of a long, harsh winter. And, frankly, wouldn't he much rather just eat it now? Of course he would! It's easy to root for all of these lovable, fully-fleshed out characters. Though the chapters play out in a seemingly random fashion, the story does actually reach full circle by the end. 

I'd be remiss not to mention the lovely illustrations done by Ruth Chrisman Gannett. I found out they were done by a process called lithography, which is a really archaic (though there are still people who do it) means of photocopying something. Apparently, the artist has to be very careful while drawing on the stone (or similar material) as there are no second chances with this method. Either it's drawn right the very first time--or as close as possible--or a whole lot of time, effort, and materials will be wasted. Find out more about the art of this here https://jerwoodvisualarts.org/art-techniques-and-materials-glossary/lithography/ and be sure to watch some YouTube videos of it actually being done. I found it fascinating. Too much work, definitely, but still intriguing as a precursor to modern-day photocopying. 

Inspired by the incredible artwork in Miss Hickory, I couldn't help wanting to do some sketches from the book myself, which were all done by black and white lithography (although color is possible with the method). I even did one in color, though only the cover of the book has color in the first edition. Does anyone else want an apple now, too? <grin>

  

Miss Hickory Black & White Sketch and Colored Pencil Rendering by @Karen Wiesner

 

Miss Hickory's Corncob House by @Karen Wiesner 

If you do an internet search with the words "Miss Hickory illustrations", you'll see some of Gannett's original designs, including one of Squirrel holding Miss Hickory's still scolding head just before he takes a bite of it. Never fear, Miss Hickory may end up headless, but she's also "heedless, happy" that way. Clearly, her head had been holding her back. 

Children and adults alike will find a timeless, magical world to explore in this well-deserving Newbery Medal Winner. The lesson to be learned (as all these old books had some kind of moral to impart, which I heartily approve) is not to hold yourself back from who you're meant to be--not with the promise of comfort nor with the hurtle of fear of the unknown. 

Karen Wiesner is an award-winning, multi-genre author of over 150 titles and 16 series.

Visit her website and blog here: https://karenwiesner.weebly.com/

and https://karenwiesner.weebly.com/karens-quill-blog and her publisher here: https://www.writers-exchange.com/Karen-Wiesner/

Art Versus Life

A work of art (specifically, literature, including poetry such as song lyrics) does not necessarily reveal the life or personality of the artist. Agatha Christie and Dorothy Sayers didn't make a habit of committing murders. Stephen King has probably never met a vampire or an extradimensional shapeshifter, and although he incorporated his near-fatal traffic accident into the Dark Tower series, I doubt he actually encountered his gunslinger Roland in person. Robert Bloch, reputed to have said he had the heart of a small boy -- in a jar on his desk -- was one of the nicest people I ever met. As Mercedes Lackey has commented on Quora, she doesn't keep a herd of magical white horses in her yard. Despite the preface to THE SCREWTAPE LETTERS, it seems very unlikely that C. S. Lewis actually intercepted a bundle of correspondence between two demons. And, as a vampire specialist, I could go on at length (but I won't) about the literary-critical tendency to analyze DRACULA as a source for secrets about Bram Stoker's alleged psychological hangups.

C. S. Lewis labeled the practice of trying to discover a writer's background, character, or beliefs from his or her work "the personal heresy." Elsewhere, writing about Milton, he cautioned against thinking we can find out how Milton "really" felt about his blindness by reading PARADISE LOST or any of his other poetry.

The Personal Heresy

An article by hip-hop musician Keven Liles cautions against analyzing songs in this way and condemning singers based on the contents of their music, with lyrics "being presented as literal confessions in courtrooms across America":

Art Is Not Evidence

Some musicians and other artists have been convicted of crimes on the basis of words or images in their works. Liles urges passage of a law to protect creators' First Amendment rights in this regard, with narrowly defined "common-sense" exceptions to be applied if there's concrete evidence of a direct, factual connection between a particular work and a specific criminal act.

This kind of confusion between art and life is why I'm deeply suspicious of child pornography laws that would criminalize the broad category of "depicting" children in sexual situations. A description or drawing/painting of an imaginary child in such a situation, however revolting it may be, does no direct real-world harm. Interpreted loosely or capriciously, that kind of law could be read to ban a novel such as LOLITA. Would you really trust a fanatical book-banner or over-zealous prosecutor or judge to discern that the repulsive first-person narrator is thoroughly unreliable and that his self-serving claims about his abusive relationship with a preteen girl are MEANT to be disbelieved?

Many moons ago, in the pre-internet era, a friend of mine who wasn't a regular consumer of speculative fiction read my chapbook of horror-themed verse, DAYMARES FROM THE CRYPT. To my suprise, she expressed sincere worry about me for having such images in my head. Not being a habitual reader of the genre, she didn't recognize that the majority of stuff in the poems consisted of very conventional, widely known horror tropes. Even the more personal pieces had been filtered through the "lens" of creativity (as Liles puts it in his essay) to transmute the raw material into artifacts, not autobiography.

In case you'd like to check out these supposedly disturbing verse effusions, DAYMARES FROM THE CRYPT -- updated with a few later poems -- is available in a Kindle edition for only 99 cents, with a cool cover by Karen Wiesner:

Daymares

Margaret L. Carter

Please explore love among the monsters at Carter's Crypt.

Medieval Art Celebration by Karen Wiesner

Art by Karen Wiesner

In celebration of all things Medieval, a simplified black and white sketch I did in 2022 of the painting The Accolade by Edmund Blair Leighton (1901).

@Karen Wiesner

Snag And Be Damned

Each week, I read dozens of USA and international copyright-related columns, including media law, trademark law, technology insights, art law, proceedings of the USPTO, music policy, writing industry forums, and more, and I put together some of what I find most interesting and potentially relevant to writers.

This week, "art" jumped out at me.

As legal bloggers for Herrick Feinstein LLP  explain, there are differences in artists' rights in the USA versus, for instance in Italy.  In some European jurisdictions, an artist receives payment every time a copyrighted work of art is sold and resold. Not so in the USA.  Gabrielle C. Wilson, Howard N. Spiegler,  Lawrence M. Kaye and Yale M. Weitz  write a thorough summary of art law rights in the USA.

https://www.lexology.com/library/detail.aspx?g=e90a3a21-32c4-4672-85e4-19c994420cbc

Interestingly, museums usually try to obtain the permission of the artist/copyright owner before copying the artwork into catalogues or into posters and other advertisements. If that is an issue for catalogues and advertisements, is it a stretch to wonder if it could be an issue for cover art for self-published books if author-publishers do not make sure to obtain all the necessary rights and permissions for their cover art?

Another issue to be considered is the incidental or deliberate appearance of "street art" in photographs or advertisements.... or even on items of clothing. Or not!  Street artists have rights, even when they do not own the surface on which they apply their art.

Social-media-law expert legal blogger Robert B. Nussbaum for Saiber LLC's Trending Law Blog discusses a recent reversal of a liberal circuit's decision on whether or not it is copyright infringement to use Facebook's embedding tools to exploit someone else's video (in this case of an emaciated polar bear) in defiance of the copyright owner's clearly posted copyright notice.

https://trendinglawblog.com/2021/10/05/southern-district-of-new-york-rejects-ninth-circuits-copyright-analysis-regarding-embedded-images/

Apparently, just because Facebook or Instagram make it possible for their users to do something (embed copyrighted works without permission) does not mean that Facebook's magic impunity umbrella will protect users from liability.

Also piling on Facebook (my characterizaation), legal bloggers Kyle Petersen and C. Linna Chen  of Loeb and Loeb LLP discuss the interesting case of an attractive (one infers) lady newscaster who found her photograph being used without her permission as part of an advertisement for a Facebook dating app. She sued Facebook and other platforms.  Facebook tried to hide behind Section 230, without success.

https://www.loeb.com/en/insights/publications/2021/09/hepp-v-facebook 

Read all about it. What a terrible precedent it would have been if the lady had lost! Facebook could have been emboldened to snag any attractive face to use in its promotions for any other app or product or service. 

Imagine if you found your face or that of someone you love being used without permission or compensation to sell an activity or product that you do not endorse or approve! Maybe, also, be careful where you get the images that you put on your website and cover art.

Nevertheless, it is probably a better idea to peel away Section 230 protections and give the newly created CASE Act court a chance to work, than to give governments more power.

All the best,

Rowena Cherry 

SPACE SNARK™ 

http://www.spacesnark.com/  http://www.rowenacherry.com

 

Of Art and Dirty Laundry

In times of inflation, art appreciates. When cash (or bonds, or equities) lose value, people spend. They buy art, precious metals, property, stamps, and alcohol.

By the way, the cost of an American "Forever" stamp is likely to go up from 55c to 58c on August 29th, 2021.

For those who still use postage stamps to pay bills and send thank-you notes, buying a stash of forever stamps before the increase represents at least a 6% saving.

 

The savvy shopper might also invest in Tide Pods as a store of value. Proctor and Gamble has announced that it will be raising prices in September on adult incontinence products, baby care, feminine care and more.

Art is more interesting from a copyright perspective, and also a literary point of view. Thrillers have been written about high value rare coins, high value rare stamps, lost and stolen masterpieces: Charade, The Saint in Palm Springs, The Rembrandt Affair, The Monuments Men, The Last Vermeer etc.

Works of art can be forged, stolen, traded, used as a medium for smuggling something even more valuable, or created or sold as a beard for money laundering. In some jurisdictions, such as the UK, the authorities are taking notice. The law office of DLA Piper have a great article on anti-money laundering and requirements for art market participants to register (in the UK.). 

https://www.dlapiper.com/en/us/insights/publications/2021/06/anti-money-laundering-registration-for-art-market-participants/

 

Legal bloggers Gabrielle C. Wilson,  Howard N. Spiegler, Lawrence M. Kaye and Yael M. Weitz of the law offices of Herrick Feinstein LLP have published a thorough and comprehensive "snapshot" of the state of art ownership and trading in the USA including a discussion of what happens if an unsuspecting person buys a work of art that later is revealed to have been stolen.

https://www.lexology.com/library/detail.aspx?g=21e56ac4-18a0-4e63-9910-698f1f88303a

One of the most interesting commentaries on the international art market comes from Art Law: Introduction, authored by Pierre Valentin of Constantine Cannon LLP. 

Quoting a small portion:

"Owing to changes in taste, high-end and, to a lesser extent, mid-market 20th-century and contemporary art and collectibles are doing well. Old masters and older furniture are not doing as well, unless they are exceptional examples."

And, on prices for exceptional works:

"...some commentators predict that within just a few years, an [iconic example of] artwork will sell for over US$1 billion. There is a relatively small pool of international billionaires and museums competing to acquire trophy pieces. Exceptional prices have been achieved at auction when only two such collectors or museums bid against one another."

Read more at: 

https://www.lexology.com/library/detail.aspx?g=955d99cb-b043-4092-a740-2d1ce670783a

Astonishingly, works of art costing $500,000 or less are considered "lower end".

If and when one buys a physical piece of art, one owns the canvas (or wood, or paper) and the paint (or whatever medium is applied to the surface), but one does not necessarily own the intellectual property. One cannot create prints or derivative works... except in the circumstance that the creator assigned the IP by written contract.

That principle also applies when one does not own an original copyrighted work at all, as is the case with Andy Warhol and his copying of a photograph of Prince. An Appeals court has ruled that it is not transformative, and not fair use to take someone else's portrait and merely change the color of the subject's skin.

https://news.artnet.com/art-world/andy-warhol-foundation-loses-lynn-goldsmith-copyright-lawsuit-1955399

Lee S. Brenner and Nicholas W. Jordan for Venable LLP, discuss the case, and the four important factors that determine whether or not a use is "fair".

https://www.closeupsblog.com/2021/05/second-circuit-finds-andy-warhols-use-of-prince-photograph-not-fair-use/#page=1

It would seem that the Warhol Estate's contention that giving a person a purple face transforms them from awkward to "iconic" is ... not convincing.

On the same topic, Clyde Shuman, blogging for Pearl Cohen Zedek Latzer Baratz explain that this case may have a lasting impact on the concept of "fair use" in American copyright law.

https://www.pearlcohen.com/second-circuit-andy-warhols-use-of-copyrighted-prince-photograph-not-fair-use/

I think that is good news for professional photographers, and also for artists in general.

Happy Fathers' Day.

All the best,

Rowena Cherry  

SPACE SNARK™ http://www.spacesnark.com/  http://www.rowenacherry.com

EPIC Award winner, Friend of ePublishing for Crazy Tuesday

A Non-Fungible Future?

There was once a man who bought an original sketch in an inventory-draw-down sale. The sketch was done during the course of employment by a moderately well known designer. So far, so good.  The buyer was an EBay seller, and he created dozens of prints of the original sketch, which he auctioned on EBay week after week for years. That was questionable.

Lawfully, one cannot purchase a drawing, painting, photograph, cartoon, musical record, novella or novel  (even in e-book form) and proceed to create copies and sell them. Not unless the original creator formally assigned the copyright.

Now, there is Blockchain, and Non-Fungible Tokens, or NFTs. It seems that a single work of art that is sold as a NFT can be sold on, but not duplicated, and a modest royalty can be paid to the original creator with every down-market sale and resale.

Can creatives and celebrities rejoice? 

https://www.hickmanbecker.com/celebrities-and-creative-geniuses-rejoice-nfts-part-i/

Lexology link:

https://www.lexology.com/library/detail.aspx?g=06e3b2e5-5295-489b-baec-43a621575a0d

 

Seemingly, so say legal bloggers Jeffrey Madrak and  Agatha H. Liu PhD for the IP law firm Hickman Becker Bingham Ledesma:

 

"Non-fungible tokens, or “NFTs” are taking the digital world by storm. Jack Dorsey, the founder of Twitter, recently sold an autographed tweet associated with an NFT for $2.9 million. Super Bowl champion Tom Brady just announced the launch of the NFT platform he has cofounded that will offer digital collectibles. Such popular use with highly appraised items begs the question – What actually is an NFT? And for those of us in the high-tech world, the further question – How do NFTs relate to intellectual property?"

 They go on to explain:

"An NFT is a digital version of a certificate of authenticity (a token), secured and embedded in a blockchain. When an NFT is created, digital information including the creator’s name and other programmatic details such as the creator’s blockchain wallet address are linked to an underlying asset and stored in a blockchain (while the underlying asset might not be stored in the blockchain). Because NFTs are secured by a blockchain, no one can modify the record of ownership or copy/paste a new NFT into existence."

For authors in particular, author Maggie Lynch has put up a comprehensive blog post on the topic, in which she lays out the pros and cons for adopting the technology.

https://povauthorservices.com/the-blockchain-nfts-cryptocurrency-and-author-opportunities/ 

Herewith, a quote of a small portion, with permission and attribution to Maggie Lynch and her blog.

"Here are some ideas of how an average author might consider creating NFTs. I’m sure there are many more I haven’t even considered yet.

• Digital 1st edition released in limited numbers prior to a book being released en masse to retailers
• A collectible version of a backlist book or a recent release that has different art or added art pertaining to the story
• A special edition boxset that is not offered in retail markets and won’t be offered in retail markets
• A bundled special edition that includes ebook, audiobook, and a shipped hardback book as a package
• A 1st edition Live Reading before the book is released widely, whether narrated by the author or a paid narrator
• Additional works of art based on your characters that are sold as separate digital art, playing cards, and/or provides information not in the books but germane to the story
• Tiers of special editions – Platinum tier: Only 25 copies are made of original offering which includes additional art, audiobook, and a special edition hardback delivered signed and numbered. Gold tier: 500 copies of special edition which includes everything but hardback. Silver tier: 1,000 copies of digital special edition which includes additional art.  After this, the book is released as a regular ebook, print, audio all separate without any special edition things to the wider marketplace.
• A digital object that helps your reader solve a puzzle inside the book.
• A digital object that allows your reader to select two or more alternative endings
• A way for the buyer to have a video call with you for a specified period of time or to book you for a limited part of friends (book group, family, etc.)
• You could use one or more of your NFTs as part of a contest or giveaway to create buzz and get people interested in the platform

All of these are additional opportunities for PR, promo, buzz, and have the potential to also influence regular retail sales of your book products. Doing NFTs is one more market for you. I would not leave the usual mass markets just to do NFTs. Instead I would add NFTs as another way to gain income, at least until it proves it is the only way that makes sense for you to market your books."

Legal blogger Sophie Goossens, representing Reed Smith LLP, (a British law blog) takes a dimmer view of NFTs when it comes to ownership of works of art in a blog titled "You Think You Own An NFT? Think Again." She is, of course, speaking to art connoisseurs.

https://viewpoints.reedsmith.com/post/102gu68/you-think-you-own-an-nft-think-again

"Can one own a physical a piece of art? Yes. What do you own: the 'tangible property' i.e. the canvas, the statue, the physical sheet of paper embodying the work. Do you own the intellectual property in a piece of art just because you hold the original or a limited edition of it? No, if you want to own the intellectual property in the artwork, it needs to be assigned to you from the creator, by contract."

Sophie Goossens asks and answers several more interesting questions about possession and ownership of art and digital art.

 

Last (but not least), Pramod Chintalapoodi of the Chip Law Group takes a look at the legal implications of NFTs, and warns:

"The NFT's usefulness when it comes to IP rights is currently limited, and even problematic. The dilemma here is that ownership of NFT does not translate into ownership of an original work. In other words, buying an NFT does not mean that one is buying the underlying IP rights in a given content. Section 106 of the US Copyright Act states that a copyright owner has exclusive rights in reproducing and preparing derivative works. They also have exclusive rights in distributing the copyrighted work. Buying a piece of art does not mean that the copyright to that artwork transfers to the buyer."

https://www.chiplawgroup.com/legal-implications-of-nfts/

The bottom line seems to be that NFTs may be good for thwarting pirates and exploiters, and are therefore good for creators of art and literature.... but, one has to be prepared to adopt Ethereum.

Coindesk has put up a How-To guide to entering the NFT market:
https://www.coindesk.com/how-to-create-buy-sell-nfts

All the best,

Rowena Cherry  

SPACE SNARK™ http://www.spacesnark.com/  http://www.rowenacherry.com

Piracy, the Photographer, and the Photographer's Models

I found Mitchel Gray in the front matter of Men's Health Magazine in 1994. At least, I found his name in very small print, in the credits for the photograph of the cover model. Over the years, he has been my go-to source whenever I have needed a gorgeous, shirtless male for my books' cover art.

This double portrait of an NFL player is an example of Mitchel Gray's artistry from his "Bodies In Motion" series. The most unique feature of this series is that both figures are the same person.

Please note that the image is watermarked in dark red (which is subtle, but "there"). The copyright belongs to Mitchel Gray, the image is shown here with Mitchel Gray's explicit permission. Snag it at your peril.

Print costs vary according to the size of the print, and are available from 11 x14 to 40 x 60

$750 - $4,000.  Licenses for cover art and more would depend on time frame and usage.  To see more, check out www.mitchelgray.com

 

Recently, I asked Mitchel Gray a flurry of copyright infringement related questions.

1) How has piracy affected you?  (Have any of your photographs been snagged from the internet and exploited by someone without permission?  Have you found any of your photographs, without your permission or payment, on any of the sites that sell licences to use images?  Have you found any of your images online with the copyright information cropped out or stripped out?  How does that make you feel? 

Mitchel: Piracy has not impacted me terribly badly, but certainly a few times --as far as I know-- and that’s the problem. I may not be aware of any number of snagged images. I try to watermark any online usage of mine, but that certainly does not exclude being “copied and pasted” directly from my website or elsewhere my pix may appear -- there are some very competent “thieves” out there. I have not found my images on the sites that sell licenses, but that doesn’t mean they’re not there—I can't spend all the time required to search. I have found images online with my credit removed, but that usually occurs when the models post the images—and not that often even then. Sometimes the client will do it. 

It’s very irritating.

My next salvo of questions were:

2) How does a photographer make money?  What does piracy do to your cash flow?  Is it good, free publicity?  Or is it very damaging? 

Mitchel: A few different ways: direct commissions from private clients, Ad agencies booking jobs, or purchasing existing images, magazine editorials, stock photo sales, fine art private and gallery sales, and books, both printed and virtual. Piracy simply deprives the photographer of revenue which ain’t good. But sometimes as you mention, it may be free PR, however that depends who and where they are posted

3) What can you do, if you see copyright infringement of your photographs?  Has this happened to you?  Has the DMCA "takedown" process worked for you?  Have you ever sent a DMCA and been thwarted by a counter notice?  Have you ever sued anyone? 

Mitchel: You can sue the user, or publish a wide ranging post about its misuse naming the user, you can force it to be removed from the site using DMCA. I’ve never been thwarted by any counter notice. However, sometimes there may an issue of interpretation of an agreement. I have sued a few.

4) What goes into taking great photographs that you could sell for cover art for a novel? Location?  Light quality? number of shots?  Amount of time? Do you pay the model?  Airbrushing? 

Mitchel: All the above plus a clear knowledge and discussion of the intent for the look, location, and subject matter from the author or publisher, depending on who is hiring me. And concept, concept, concept!

Asked to explain, Mitchel obliged.

"Concept, concept, concept” refers the idea of the photo—or what am I trying to say in the picture. There are a lot of ways to get your point across and each of them will present a different visual while doing it, and it gets more complex depending on the project—a portrait is different than headshot, a book is different than a magazine editorial, an ad is different than a label on a can, etc. That is one of the joys of the medium.  

 5) How has piracy affected your models?

 Mitchel: In a similar way, but with more potential impact, depending again on the location of the post, who is doing the posting, and on what is the intent the post is- who is it being used for. Also if it is being used in conjunction with other questionable content. It can be very painful, and infuriating

6)  How long can a cover model's career last?

Mitchel: A wide range here. A few years for some, 30+ years for others, all depending on how they adapt - or are allowed to adapt- to the aging process, and the type of publication or a story that will be told. I have one friend who is now 57 and still modeling. Different clientele, different uses.

7) What should an independent author know about buying a photograph for the cover art of an ebook?   What should she expect to pay?  What rights would she get for the money?  What waivers and releases would she need to obtain (and pay for)? 

Mitchel: This is all up for negotiation each time. The price is based on time limits, the expanse of circulation areas, what else she might want to use it for other than the cover, i.e. advertising, promotion, social enhancement, etc. She would need a release from the photographer that states either the areas, or if the shooter is willing, a buyout which is always the most expensive.

8) Where are good, reputable sites for buying licenses for cover art? 

Mitchel: There are the stock photo companies (they are also generally the cheapest which stinks for us), a number of new online sites that offer photo sales, and private individuals. Since the business is now virtually totally digital, one only has to provide digital files and that has fueled in increase in online sites.. I’m sure there a more, but these are the legitimate ones.

9) What other services might photographers offer (if any) in cover art preparation?

Mitchel: So many options- 

1. conceptual sit-downs to lock in on the purpose and market.

2. location search and securing.

3. Hair & Makeup artists and stylists

4. travel arrangements if need be.

5. studio usage and rental

6. lighting approaches

7. digital application and knowledge 

8. editing !!!!!

And a lot more.

10)   Do you have any advice for any amateur photographer who lives in an especially scenic location for monetizing their photographs?

Mitchel:  Yes, shoot a whole lot of images, perfect your editing skills (photoshop, and more), research research research stock houses and stock sites for both legitimacy, style of images, and price points. And keep on shooting! You never know what you might capture that someone may have a use for.  Of course, this pertains mostly to stock sales. Comission shooting is obviously a much different story. In that case you shoot those pictures to get hired, not to sell directly

As an example of what Mitchel did for me, here is the before shot of the rock climbing model who seemed perfect as 'Rhett, hero of Knight's Fork.

And here is how Mitchel cut the ropes and inserted a sword.

 

To contact Mitchel Gray

Mitchel Gray
mitchelgray7@icloud.com

917.721.7303

www.mitchelgray.com

Thanks, Mitchel!

All the best,

Rowena Cherry 

SPACE SNARK™ http://www.spacesnark.com/