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GAS News S/O 06 copy - Glass Art Society

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L E T T E R S T O T H E E D I T O R<br />

2<br />

Dear <strong>GAS</strong>,<br />

Recently, while paging through the summer ‘<strong>06</strong><br />

newsletter, I happened upon an image on page 10 of<br />

what a first glance looked to be a Chihuly Sea Form.<br />

Closer inspection revealed it to be a Sea Form by a<br />

Mr. Jeau Bishop, someone I have never heard of before.<br />

I thought that it must be a typo at first but no, he is an<br />

“artist” making Chihuly copies and even calling them<br />

“Sea Forms”.... Shameful.<br />

Each day that we venture into our studios we<br />

are challenged to create something that we can call<br />

our own, work that comes from our own thought<br />

processes whatever they may be and, as glass artists,<br />

we have a furnace full of molten goo to start with, the<br />

way I see it, the possibilities are almost limitless. When<br />

I see work like Mr. Bishop’s the first thought that comes<br />

to mind is: ‘Is this the best that you can do?’<br />

13 Ways of Looking at a Chihuly<br />

by Scott Benefield<br />

In a recent private communication to the publications<br />

committee of this newsletter, we were brought<br />

to task for publishing an image in the Galleries section<br />

that strongly resembled original work done by Dale<br />

Chihuly. Because the author raised a question–does<br />

this constitute an endorsement by <strong>GAS</strong> of derivative<br />

work?–that seems to evoke some larger issues current<br />

to the glass world, it seemed time to consider the topic<br />

of originality and authorship as it is treated in our field.<br />

We’ve all had the experience of looking at an<br />

object and bristling with vicarious resentment as we<br />

recognize the original source of the form or imagery<br />

or distinctive surface decoration. The unfairness of<br />

copied work, infringing on an artist’s imagination and<br />

creativity, inspires a mild form of outrage in anybody<br />

who has ever struggled to do something new. But<br />

what triggers that reaction differs from individual to<br />

individual and therein lays the problem: there is no<br />

canon; there are no guidelines, no arbiter of taste<br />

and judgment to determine the legitimacy of any<br />

single object.<br />

In the legal realm there are structures in place to<br />

determine and preserve artistic originality–ideas like<br />

<strong>copy</strong>right, which are designed to protect intellectual<br />

property–and systems to redress infringements and<br />

punish those who would seek to profit from another’s<br />

vision. Legal standards are based on a concept of<br />

fairness and also are designed to protect financial<br />

incentives to innovate. But legal standards are also<br />

distinct from the ethical standards that often govern<br />

behavior in professional fields.<br />

Our work as artists, collectively, resides in a freewheeling,<br />

freestyle, free-market bazaar with nothing<br />

like an Academy to dictate standards and pass restrictive<br />

critical judgments. As more work from the Studio<br />

<strong>Glass</strong> movement enters museum collections perhaps<br />

those kinds of judgments will be made (bearing in<br />

mind that posterity has its own way of working these<br />

things out), but for the moment the glass world is marvelously<br />

and woefully free of that institutional control.<br />

What we have instead is the marketplace and<br />

people who make objects out of glass. There is a<br />

commercial venue for nearly anything anybody can<br />

make out of glass and a dearth of scruples on the part<br />

of artists, gallery owners and consumers concerning<br />

issues of authorship. This has recently come to the<br />

attention of a wider public when Chihuly Inc. sued<br />

Robert Kaindel, former Chihuly gaffer Bryan Rubino<br />

and two galleries (since dropped from the suit) for<br />

<strong>copy</strong>right infringement.<br />

To most of us, this is an obvious case of taking<br />

signature work and marketing reproductions as<br />

originals. Because of the philosophical ambiguities,<br />

it’s also an extremely interesting case. Two objects,<br />

set side by side, are virtually identical–because they are<br />

both made by Bryan Rubino–but have different legal<br />

identities because one has Chihuly’s intention of being<br />

made as original work, and the other lacks that. There<br />

is a metaphysical difference between the two that has<br />

Making copies is nothing new, it has been done.<br />

For me, the pertinent issue here is with the <strong>GAS</strong> itself.<br />

Should the <strong>GAS</strong> be promoting “artwork” like this?<br />

Personally, I think not. <strong>GAS</strong> has a larger responsibility<br />

to educate people and I am of the opinion that an<br />

image like the one in question here should only<br />

appear in the newsletter in the context of a feature<br />

story about plagiarism or perhaps the pending legal<br />

action Chihuly has brought this past year, certainly not<br />

in the service of promoting such truly bad “artwork”.<br />

I imagine that many others, besides just myself, have<br />

come to expect more of a professional organization,<br />

like <strong>GAS</strong>, whose purpose is to encourage excellence,<br />

advance education, and promote the appreciation<br />

and development of the glass arts.<br />

Sincerely,<br />

Dante Marioni<br />

nothing to do with what they look like or who actually<br />

made them. For most of us, it’s simply too close to<br />

looking like a Chihuly for us to be comfortable with<br />

the idea of attributing it as original work to Rubino.<br />

The courts have to take into account all the legal<br />

aspects of this in order to determine the status of the<br />

object, but we can make our own informal determinations<br />

based on common sense.<br />

But if the Rubino case represents one end of the<br />

spectrum of infringement on originality, it’s impossible<br />

to find consensus on what represents the other end–<br />

what are the minimal conditions in which a work is<br />

judged unacceptable as a derivative piece? What one<br />

person sees as influence or an intelligent permutation<br />

of an established idea, another would see as blatantly<br />

imitative.<br />

For instance, James Yood’s somewhat surprising<br />

apologia of Afro Celotto’s work in a recent issue of<br />

GLASS magazine comes immediately to mind. Celotto’s<br />

pieces seem unambiguously derivative to me, echoing<br />

Lino Tagliapietra’s work in form and pattern to an<br />

unacceptably close degree. While admitting the<br />

obvious similarity to Lino’s work, Yood constructs an<br />

unconvincing argument that this is a natural outgrowth<br />

of their long relationship. (Celloto last served<br />

as an assistant to Lino in the late 80s, when Lino was<br />

still working at Effetre International as their lead gaffer<br />

and artistic director). Without offering any substantiation<br />

at all, Yood states that perhaps Celloto’s imitative<br />

work is really an example of an assistant making<br />

unattributed contributions to the master that he later<br />

reclaims as his own. He also seemed to think that<br />

Celotto invented the ‘giro’ or switched axis technique,<br />

despite the fact that Lino published similar work as far<br />

back as 1981. But all the same, Yood is reputable critic<br />

who holds a sincere conviction that Celotto’s work is<br />

defensible. It’s an example of a subject upon which<br />

people of good conscience can disagree.<br />

In the absence of any regulating body to set<br />

standards for ethical practice, what remains is the<br />

elastic sense of good practice which governs<br />

individual behavior. Each of us has a responsibility<br />

to define that standard for ourselves in our own work<br />

and to be advocates for ethical behavior, according to<br />

our own lights. If you can’t acknowledge your own<br />

sources honestly, then you need to question if your<br />

work is sufficiently innovative to exhibit as original<br />

work. When you see a gallery (or a newsletter)<br />

displaying what you consider to be a blatant example<br />

of imitative work, you have a certain responsibility to<br />

say something.<br />

In this regard, the person who wrote to us<br />

strongly objecting to the published images was<br />

being a diligent and responsible member of our<br />

community–by acting on his own conscience, the<br />

writer was drawing his own line and adding his<br />

voice to the larger conversation. What might be<br />

termed a peer consensus is the really the strongest<br />

ethical authority that exists in the art world.<br />

Scott Benefield is the former editor of <strong>GAS</strong> NEWS,<br />

and frequent contributor to the newsletter. He owns and<br />

operates a production studio on Camano Island, Wash.<br />

To the Editor,<br />

I hardly know where to begin in responding to Eddie<br />

Bernard’s technical article in the recent issue of <strong>GAS</strong> NEWS.<br />

For starters, it is the first time that I have ever seen a response<br />

printed to a letter that was not also published. So since<br />

Eddie’s article was in response to my letter to the editor, I<br />

am at a disadvantage because he seriously misinterpreted<br />

several of my points and then proceeded to respond to<br />

these misinterpretations.<br />

In NO way did I suggest that only “a chosen few” <strong>GAS</strong><br />

members would be eligible for the loan of optical pyrometers<br />

in the proposed project. I suggest no limitation on the<br />

number of participants or require that they even be <strong>GAS</strong><br />

members. The larger the pool, the better.<br />

In any event, if the editors had followed common<br />

editorial practice and printed my original letter, readers<br />

would see that my proposal was based on two realities: 1)<br />

a significant number of studio glass owners are not even<br />

members of <strong>GAS</strong>; and 2) many studios have poor pyrometry<br />

or none at all. My proposal, though not claiming to be perfect,<br />

has two aims: 1) to reach out to the American hot glass<br />

workers who see no benefit in participating in <strong>GAS</strong> and 2) to<br />

make a dent in the waste of fuels that occurs in glass studios.<br />

Simply restated, I proposed a program, under the<br />

auspices of <strong>GAS</strong>, through which optical pyrometers would<br />

be acquired and made available for loan to study melting<br />

practices and resulting energy use in glass studios. Applicants<br />

for pyrometer loan would agree to carefully monitor and<br />

record their melt cycles and report their results while<br />

specifying the glass melted and furnace type. Even given<br />

the variation of furnace type and size, such a project could<br />

go a long way toward determining optimal melting<br />

schedules in similar furnaces for the various commonly<br />

used glasses. Given that some studios currently use air or gas<br />

pressure gauges as their only measurement and really have<br />

no objective idea of their melt temperatures, such a project<br />

could result in both conservation of fossil fuels and prolong<br />

the life of furnaces and crucibles.<br />

As for expense, I would be very surprised if grant funds<br />

could not be found to underwrite the project under <strong>GAS</strong>’s<br />

not-for-profit status. Given the increasing media attention<br />

and general public interest in energy consumption and<br />

greenhouse gas emissions, funds could surely be found.<br />

Diligent communication with the Corning <strong>Glass</strong> Works<br />

Foundation might be all that’s needed (I had a very positive<br />

experience with the Foundation on behalf of a not-for-profit<br />

years ago). I also believe that it would not be difficult to<br />

find a graduate student with environmental concerns to<br />

compile, organize, and process the data and extract useful<br />

information.<br />

Although <strong>GAS</strong> may serve a portion of the glass community<br />

very well, many in the ranks of producing hot glass<br />

workers have given up on <strong>GAS</strong> as being largely irrelevant.<br />

I believe that this proposal is an opportunity for <strong>GAS</strong> to<br />

reach out to the wider world of glass makers and be of<br />

service not only to the glass community at large but, through<br />

promoting energy conservation, to society as a whole.<br />

As I originally stated, I would be happy to work with <strong>GAS</strong><br />

on such a project. It would be wonderful if others such as<br />

Eddie Bernard would participate, bringing various viewpoints<br />

and experience. I trust that this time, you will follow normal<br />

editorial practice and print this letter in its entirety.<br />

Bill Glasner<br />

(blowing glass and trying to save gas since 1973)<br />

Response from Eddie Bernard<br />

Bill – Thank you for submitting your letters. Please excuse<br />

us for not printing the first version. To clarify a few points:<br />

By the term “chosen few,” I didn’t mean you were suggesting<br />

“special people,” but that if there was an application process,<br />

then obviously the recipients would be "chosen" and<br />

probably “few” in relation to the size of the membership.<br />

On another point, I don't think the project would serve<br />

the membership in the way that you think it would for the<br />

various reasons I stated in the article. In an effort to help<br />

the membership, I gave my thoughts on how one would go<br />

about determining an appropriate melting schedule.<br />

Sorry if offense was taken and we do appreciate your<br />

thoughts and ideas.<br />

Sincerely, Eddie

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