Peril At Sea
Digital Art - Digital Painting/photographic Art
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, artist’s 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.
April 8th, 2014
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