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Virginia Beach, VA
$162.50
Title
Peril At Sea
Artist
Lianne Schneider
Medium
Digital Art - Digital Painting/photographic Art
Description
Robert W. (Bob) Hines (1912-1994), was an American wildlife artist who had a long career with the United States Fish and Wildlife Service.
Born in Columbus, Ohio, Hines had virtually no formal training in art or in wildlife science, yet by the age of twenty-seven he was working as staff artist with the Ohio Division of Wildlife, and in 1947 (or 1948) he accepted a similar position with the United States Fish and Wildlife Service (USFWS). He illustrated many works for the USFWS, including Ducks at a Distance, Migration of Birds, Fifty Birds of Town and City, Wildlife Portrait Series (including Song Birds and Alaska). His illustrations were also used in such works as Wildlife in America by Peter Matthiessen, Ducks, Geese, and Swans of North America (both the Bellrose edition and the new 2014 edition by Guy Baldassarre) and in Rachel Carson's Under the Sea Wind.
In 1980, the United States Fish and Wildlife Service published a series of 6 of Hines' paintings done for the service while he traveled through Alaska. The 22x16 prints were collectively entitled: "A Host of Seabirds: Alaska" and included the print "A Host of Millions" which is the basis for this derivative work. Although Hines did not die until 1994, many of his paintings are in the public domain because he produced them for or while in the performance of his duties as the only full time artist ever employed by the USFWS.
I must say that it took me forever to determine the availability of this print and whether it was ever copyrighted. I tried everything and finally found only one obscure reference in the Lewiston Daily Sun (Lewiston-Augusta, Maine) in the January 10, 1980 edition, page 25. There I discovered that these paintings were, in fact, works done for the USFWS who then sold the entire series of prints for a paltry $5.00 through the U.S. Government Printing Office. Checking copyright law carefully because the artist has only been dead for 10 years, I learned that I was free to use the print as a reference not only because the paintings were done while in the employ of a government agency, but also because it is permissible in the case of works out of copyright to paint from a photographic reproduction (see the U.S. District Court case The Bridgeman Art Library, Ltd. v. Corel Corp., 25 F. Supp. 2d 421 (S.D.N.Y. 1998)) when that reproduction is an exact duplicate or copy of the original. No museum or photographer can copyright a "slavish" copy of an historic or uncopyrighted work. In any case, my painting is not an exact reproduction but is a derivative work with additional elements, different medium, and a very different style than the Hines' original or the prints. A change in medium alone - from oil on canvas to digital painting - would not by itself confer copyrightability. According to British law and U.S. law, "Rather, a copy in a new medium is copyrightable only where, as often but not always is the case, the copier makes some identifiable original contribution." I've done that with the addition of the ship which is not present in the original at all but here is the focus of the painting. As long as I don't try to pass it off as an original Bob Hines, I can copyright it. Mr. Hines original painting and the USFWS prints remain in the public domain.
This is a hand-painted digital interpretation and adaptation of a work in the public domain and not a reproduction. Therefore, copyright of this work falls to this artist, though the underlying work remains in the public domain.
Please contact the artist, Lianne Schneider, directly if you purchase this image as a giclee print on canvas, framed or unframed. A signed and numbered Certificate of Authenticity is available for each canvas indicating title of the work, artists name, date of creation, a thumbnail of the painting, the origin of original work if the painting is a derivative, the number of your print in the limited printing and a guarantee that the work will no longer be available to the public in a canvas format once 25 canvas prints are sold.
THANK YOU SO MUCH TO THE FOLLOWING GROUPS FOR FEATURING THIS IMAGE:
ARTISTS BEST FIVE ARTWORKS - TINA
BEAUTY - JAMES
DIGITAL REALISM - ANNE
BOOK COVERS 1 PER DAY - JO ANN
VISUAL VOICE - ANNIE
SUNRISE AND SUNSET SEASCAPES - PAUL
3 A DAY WAITING ROOM ART - PAMELA
BIRDS - GULF COAST PHOTOS
WILDLIFE ONE A DAY - MARIOLA
NEW ARTWORKS 2 - M AND L CREATIONS
M AND L ARTIST SHOWCASE - M AND L CREATIONS
ARTISTIC INNOVATIONS - M AND L CREATIONS
EXCELLENT SELF-TAUGHT ARTISTS - JOE
3 A DAY GREETING CARDS - SYLVIA
SIGNATURE STYLE ART - SHARON
WISCONSIN FLOWERS AND SCENERY - DOUG
MOTIVATION MEDITATION INSPIRATION - BARBARA
DAILY DOSE OF WISDOM - ETI
PHOTOGRAPHY AND TEXTURES MAKE FINE ART - DARREN
ARTIST NEWS - NADINE AND BOB
SEASIDE - CATALINA
BOAT ART - HILDE
I LOVE SEASCAPES 1 PER DAY - SAAD
ART FROM THE PAST - JOUKO
IMPRESSIONISM - JOSEPH
FAA FEATURED IMAGES - ROBERT
Copyright Lianne Schneider 2014
This is a rights managed image.
All images and my personal poetry/prose are protected by copyright and may not be reproduced, downloaded, distributed, transmitted, copied, reproduced in derivative works, displayed, published or broadcast by any means or in any form without prior written consent from the artist. My copyright does not imply rights to an underlying public domain image and I make no such claim. Copyright on works derived from or based on images in the public domain applies only to the subsequent manipulation or the digital painting resulting from my own style and interpretation. The original image remains in the public domain and such images are used in accordance with international law.
Uploaded
April 8th, 2014
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Viewed 10,073 Times - Last Visitor from New York, NY on 04/24/2024 at 5:07 PM
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Sales Sheet
Vancouver, B. - Canada
Love Sailboats, this is so stunning and gorgeous Lianne! The power of the sea with huge swells and swift seagulls, breathtaking work! FL
Wylie, TX - United States
Your work dear Lianne is so incredible and so perfect!! love it!! take care and have a great week!! lfv g+ fb
Malaga, An - Spain
This is wonderful, Lianne! Donīt know how Iīve missed it before! Stunning capture of light, energy and atmosphere! L/F f
Lyon - France
Another visit and promote of this gorgeous work, dear Lianne!!! I love it so much... I can feel the intense atmosphere over that heavy sea. The details, the colors and the composition are also amazing! :) LF
Lianne Schneider replied:
Thank you so very much Mona - I can't tell you how honored I am by your lovely comment. You know how much I admire your work so this means a lot coming from you!
Casa Grande, AZ - United States
Fabulous Art Piece, Lianne..........Wonderful details/colors.................v./f.
Chicago, IL - United States
Such gorgeous work and a wonderful sky!! Truly amazing details and light Lianne! I love this ;)) l/f/t/g/fb!!
Chicago, IL - United States
Such gorgeous work and a wonderful sky!! Truly amazing details and light Lianne! I love this ;)) l/f/t/g/fb!!
Cody, WY - United States
Lianne, I love the motion of the sea and the colors in the sky. Fantastic detail also! L/F
New Philadelphia, OH - United States
Lianne, you have done such a masterful job of creating this beautifully stunning work of art. Words hardly seem appropriate in describing this magnicent work...you win the gold and a huge Bravo
Anaheim, CA - United States
I am really attracted to your sea painting! Absolutely gorgeous and there is no hint of digital in them at all! Wonderful! L/F
Lyon - France
I just love so much this landscape you so masterfully created Lianne....is so gorgeous! :) LFG+
New York, NY - United States
Lianne there is such an incredible inner glow to this piece. It really is strikingly done.
Surrey, BC - Canada
Lianne, the colors in the swells of the waves is amazing! You have capture the peril perfectly!! WOW!
Kersey, CO - United States
Incredible work! so beautiful, amazing colors, dramatic sea, and wonderful soaring birds!
Strykersville, NY - United States
Thank you so much everyone for your beautiful comments - I can't tell you how much I appreciate them. Hopefully in the next few days I can thank you in person on your pages. Sandra, it just means so much to me that you've chosen to feature this painting in MEMORIES AND NOSTALGIA. I'm incredibly honored.
Long Beach, CA - United States
I can feel the motion and turmoil in this piece of work. Incredible. L F Sharing
Hampstead, NC - United States
You've captured a treturous sea perfectly Lianne and I find it amazing how much research you do for each of your works of art!
Goshen, IN - United States
Wonderful work, Lianne! I also thoroughly enjoyed the history of this image in your narrative.
Livonia, Mi - United States
What a stunning scene, Lianne... so beautifully illumined! Love the multitude of birds! f/l
Stockholm, SE - Sweden
Really a wonderful painting, Lianne! The colors and lighting gives a feel of movement to the scene. I love it a lot. L&F
Rancho Mirage, CA - United States
Wow, Liannne this so dramatic and beautiful..just love it so much LVF Sherri
Starachowice, sw - Poland
Fantastic,dynamic painting!Wonderful motion on water,marvelous color and beautiful light! L/F
Lake Country, BC - Canada
Lianne~~a marvelous stormy seascape/sailing ship/wild bird art piece- outstanding for sure!! F&L&T!
Strykersville, NY - United States
Joseph and Robert, I'm just so thrilled and honored that you've chosen to feature this work in your fabulous groups - IMPRESSIONISM and FAA FEATURED IMAGES. Absolutely means the world to me. Thank you.
Bellingham, WA - United States
Amazing Lianne. Your work is so attractive to look at!! The water and the waves are so real. The contrast between the colors makes it look dramatic ..and so the presence of so many birds...Excellent!!!! F/L
Strykersville, NY - United States
I'm so far behind on my thank yous to all of you who have come by and left such beautiful comments and I suspect I'll be further behind as I have out of state company drifting in and out to make my mother's 90th birthday a two week affair!! Plus it's Easter - already a very busy time for me. But I will do my best to get by your pages to thank you as soon as I can! And to the hosts of the groups listed to the right, Nadine and Bob, Catalina, Hilde, Saad and Jouko, thank you for honoring me by featuring this image in your wonderful groups!
Encampment, WY - United States
What a stirring, dynamic and gorgeously rendered painting! Amazing the research you did, and thank you for informing us of the intricacies of the copyright law. I appreciate your acknowledgement of the original artist -- so many people these days just grab and use artwork without attribution. You have created a beautiful and compelling variation on Bob HInes' work, and I love it! l/f
Rhyl - United Kingdom
This is amazing.......wonderful lighting and detail......truly beautiful....v/f/t/p/g+
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