ELAB Artlab Featuring Phil Durgan

Coming this week:

Every second Thursday of the month, ELAB members and friends get together for a multidisciplinary critique, from 7-9 pm at 464 Gallery.

New faces are welcome and encourages: You can RSVP here.

We start with a featured presenter, and have a lively in-depth discussion about their work.  We then mini-critique any work willing quests and members bring in:  a piece of art, music, writing, video, etc by circulating and placing post-it note comments.

Through this process we gain encouragement, clarity, new sources of inspiration, and best of all: a network of creative types who support and encourage each other.

This month's Artlab Features the work of Phil Durgan
Thursday, February 10th, at 7 pm
464 Amherst Street, Buffalo NY

There is plenty of street parking and always room for new faces.
Come enjoy food and drink for both body and brain.
And now, a discussion with Phil Durgan:

Interview by Tara Sasiadek

Who are you and what do you do?

My name is Phil Durgan.  I'm a fairly new transplant to Buffalo.  Moved here from San Diego almost three years ago.  I am a mechanic at Fuccillo Toyota and I paint stuff.  

What are you hoping to get out of the critique this month?

I am still in awe of the stable of artists Marcus has put together at 464, so...if they even so much as "kinda" like my work....I'm good. 

If you had 5 minutes and could keep anything you could carry out of any art supply store in the area for free, where would you go and what would you grab?

I'd prolly dine and dash Hyatts on Main Street and stuff my pockets with oil sticks and acrylic tubes...with a crazy long roll of the triple gesso'd canvas fluttering behind me like a superhero cape.

Is your work planned or spontaneous?  How do you approach planning or fitting in creative time?

The first coat is definitely spontaneous.  There's usually wine or beer and an Ornette Coleman or Cecil Taylor cd backdropping everything and I'll kinda go nuts with the colors for a sense of depth beneath whatever I start to see later on.  As far as timing goes....I generally like being alone with it, so late nights or early, early before my three yr old wakes up.

Let’s pretend it is nice outside:  Favorite ice cream flavors?
Vanilla bean with Hershey's chocolate syrup!  Even in the dead of winter.

What is the last piece you worked on?  

The last piece I worked on is the same one that's minutes away from being cut away from the frame and put in the cat's litter box.  Before this one, I had done a couple of five footers that I really enjoyed the space and freedom to roam on....then I stretch this three foot canvas and I suddenly felt I needed to proportion everything to make it fit and that sense of splash and sculpt became all sculpt.  And I don't even own a cat.

Author's note: Does this mean you use the litter box?

Have any blogs or books in particular changed how you think about art or the art-making process? 
 
I dig reading about the lives of artists...Basquiat, Pollock, De Kooning, Picasso....They make all of those wonderful human qualities: insecurity, addiction, mental illness, the need for other people's approval....seem so fun and desirable.  Kidding.  But when I look at their work and who they were....everything really begins to make sense why any of us create in the first place, even though none of us ever know if we're really good at it.

Prehensile tail or fully functioning wings?

Tails are either covering something up or explaining your mood.  But wings'll get you somewhere else quicker. Wings.

If you had unlimited funds and 6 months free of all obligations, what project would you tackle?
I would turn every abandoned building in Buffalo into a ONE NIGHT ONLY gallery and show off that particular neighborhood's stuff with a big party and bright lights and amazing food and eclectic music.  Yep.

Author's note: Sign ELAB up for this!

Favorite local art resource?
Seems like Facebook does a pretty good job at letting me know what's dropping in the Buffalo art scene.  And Artvoice.  Oh yeah, Buffalo Rising and Gusto.

Favorite color palate(s)?
Huge fan of mustard yellow and blueish-gray

Would you care to offer up some juicy blackmail material for us to use when you make it big time?
Sure.  I was in San Diego...and there was a lot of drinking and a game of Pin the Tail on Something ...and then I "came to" in Buffalo...wearing nothing more than an ill-fitting diaper, sitting on a tricycle on Elmwood Avenue.  I don't run with that crowd anymore.

Author's note:  Ill-fitting diapers cause thousands of untimely deaths per year.  Only you can prevent tricycle tragedies.

Where can we find more of your work?
 
I have stuff at the Grant Street Gallery and a few pieces at the Cosmopolitan Art Gallery as part of an abstract show which runs until February 19th.

What the Fox? But I Don't Own Anything!

My topic is estate planning, on the day my great-uncle Milton Rogovin died, at age 101—yes, one year for each Dalmatian. Young, younger and youngish people exclaim, "I don't own anything, why should I have a will?"

Your estate is everything you own upon your death. A trust that avoids probate is a bad idea for almost everyone. First, you won't avoid probate court. Second, living through a trust takes away many tax deductions, adds transaction costs, requires a second tax return, increases the care with which you must manage your property; and, did I mention you still need probate court?

Your property is not all that remains upon your death; your remains do too. If you want to donate organs, you need to put it in writing. If you want medical students to learn anatomy on a cadaver instead of plastic, you need it in writing. If you want someone in particular to make your funeral arrangements, you need a writing. And, if you want cremation with some people to have ashes with other ashes scattered? You need to put it in writing.

Control over your corpse could be the most important question. I know someone who was going to be married soon. He figured he should write a will after he got married. Wrong, before is more important. He died before the wedding. He wanted his fiance to have his ashes. She wanted his ashes. His ex-wife wanted to hurt the fiance; so, she wanted his ashes. Legally, the fiance had no power; the ex-wife did. His kids were caught in the middle. His elderly mother was caught in the middle and stayed there; she took the ashes and everyone had to go to her house to be with the urn.

Before you die, you will have health care questions. Pick a couple people to speak for you if you can't communicate. A living will specifies your care and treatment decisions. A health care proxy appoints someone to make decisions for you. You could have both, or just a proxy. Make sure your doctor and the hospital s/he uses will follow your wishes: they may have wording they need to use. Will they withhold artificial hydration and nutrition? Will they withdraw it once it starts? If you are pregnant, should they keep you alive to deliver, or try to save the baby? Is there a level of functioning you would not want to live with?

Without a will, your friends get nothing. In New York, if you are survived by:

(1) A spouse and children, then fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the children.

(2) A spouse and no children, then the whole to the spouse.

(3) Children and no spouse, then the whole to the children.

(4) One or both parents, and no spouse and no children, then the whole to the surviving parents.

(5) Children of parents, and no spouse, children or parent, then the whole to your siblings.

Finally, artwork requires special language to enable your executor to donate one or more works to a museum to if enhance your reputation as an artist and/or enhance the value of remaining works.

ELAB ArtLab Featuring Sean Madden

Coming this week: every second Thursday of the month, ELAB members and friends get together for a multidisciplinary critique, from 7-9 pm at 464 Gallery.

You can RSVP here.

We start with a featured presenter, and have a lively in-depth discussion about their work.  We then mini-critique any work willing quests and members bring in:  a piece of art, music, writing, video, etc by circulating and placing post-it note comments.

Through this process we gain encouragement, clarity, new sources of inspiration, and best of all: a network of creative types who support and encourage each other.

This month's Artlab Features the artwork of Sean Madden
Thursday, January 13th, at 7 pm
464 Amherst Street, Buffalo NYThere is plenty of street parking and always room for new faces.
Come enjoy food and drink for both body and brain.

And now, a discussion with Sean Madden:Interview by Tara Sasiadek

Who are you and what do you do?
    I'm an artist and a jazz fusion guitarist who grew up on Hertel Ave during the 60's and 70's. I left Buffalo in the early 80's and moved to Rochester to finish my degrees at SUNY  Brockport. I painted and drew throughout my childhood and adolescence. I was a pretty rough kid-- a juvenile delinquent-- and art was my way of surviving emotionally, and it also gave me something to feel good about. My art was never normal-- even as a kid. It was always psycho-representational, and very surreal.
    During the day, I work in an elementary school in a small rural area near Batavia. I've been employed as a counselor for 25 years-- I've seen it all.

What are you hoping to get out of the critique this month?
Honest feedback-- I always learn from this kind of thing. It's not a matter of how harsh it is-- it's always good. Sometimes we artists (and writers and musicians) step on our own penis, and we need to get our ego out of the way and open ourselves up to the process.

Author's note:  I seem to have misplaced my art-penis somewhere around here...

If you could spontaneously generate three things, what would they be?1. Legalized reefer so that we can fund education and health care more easily 2. An island for republicans, born again Christians and NRA fanatics (we'll give them Texas and Arkansas) with a BIG fuckin' fence around it. 3. Free college for anyone who maintains a GPA of 3.5

Author's note:  Come on, how do you really feel?

You seem to have established a definite style and niche area.  How did you go about that- purposefully?  Accidentally?  Naturally?
It was very natural, but I also studied very intensely. I was the kid in school that the other kids stood around and said, "Wow--holy shit," because I'd draw all this insane stuff on my notebooks-- but I also had to study composition and color theory and anatomy--- the whole bit. I was lucky as a teen to have teachers that believed in me-- they saw my talent, and they also saw that I was a badass-- so they pushed me-- real hard-- to take painting seriously.

Dionysus or Apollo?-
Definitely Dionysus. This is to my detriment as well as to my happiness. I know what it is to be so consumed by passion and fire and beauty that I can combust from within. It can be hard to live this way when you're younger and you don't understand it-- but I sure as hell get it now, and I'd never be any different.

Author's note: Sounds like the makings of a incredible artist workshop.

Do you have work you plan to keep personally? 

It'll all turn to dust some day. All of it. I just want to turn people on with it. Now. Everything is now. My kids will inherit a lot of what doesn't sell.

As a working artist, what does your schedule/studio time break down look like?

I paint or draw every day. Even if I'm not working on a specific project, I sketch to keep my eye sharp. As soon as i get home from work, I take a quick nap and go right to my studio and start working. My kids are older now, so I have lots of time to work. I have summers off, and do a lot of projects over the summer. I'm always working-- all the time. I don't really have a choice anymore as I've done it my whole life.

Werewolves vs. Cowboys- who is victorious?

Cowboys will shoot the werewolves with silver bullets, so the cowboys will win--wait-- are these football teams? I never watched football. I always dug naked chicks too much to chase a ball around on a field. Guessed I missed out on something?

Author's note: What is football?

Have any blogs or books in particular changed how you think about art or the art-making process?

Any creative person needs to read Rilke's "Letters to a Young Poet." Everything about living creatively is in it-- the struggles and the joys. I've read it many times and get something new each time.

If you had unlimited funds and 6 months free of all obligations, what project would you tackle?

I would add LSD to the water supply of all the states that voted for Reagan or Bush, then hijack their TV satellites with 24/7 pornography (the good kind), then do a comparative study of IQ and reading scores in those regions to see if the scores went up---- oh, and also if the gun related death percentages went down. I'd also end female circumcision everywhere-- it pisses me off.

Author's note: I would insert our standard disclaimer here, but a law suit would be great publicity for ELAB at this point.

Favorite local art resource?
The 464 Gallery and the Guerrilla Gallery

Favorite color palate?

It depends on what I ate the night before.

Author's note: Beets?  A nice Chianti?

What is the last thing in the world you want me to ask you?
I won't let you sign my tit. My ass, maybe-- but definitely not my tit. I'm saving that for someone else.

Where can we find more of your work?

I'm all over the place these days. Locally, I have work at the Guerilla Gallery and the 464 Gallery, but I have work in Vancouver, and will soon have some work in a dark surrealists show in Harrisburg, PA, and the MF Gallery in NYC . I have work going into the new Scream movie as well this spring. I'm a busy guy.

Upcoming Show: Remembrances

One of our own, Amanda Maciuba has an opening soon at the WNY Book Arts Center:

EXHIBITION

"Remembrances"
January 21 - February 19, 2011

This special 3 person show was curated from our annual members exhibition and features the work of printmaker Amanda Maciuba, Book Artist Sandra C Fernandez and illustrator Francisco Amaya. The works in this exhibition evoke a sense of memory, nostalgia, loss and redemption from 3 WNYBAC members whose work was chosen for excellence in craft and concept .

Opening reception, free and open to the public: Friday, January 21, 2011. 6 to 9 pm

Western New York Book Arts Center
468 Washington Street (at Mohawk)
Buffalo, NY

Gallery hours: Wed.-Sat., noon to 6 p.m.

Amanda Maciuba

"I like to think the body of work Goodbye Neighbor, is an observation of the physical changes in demographics and architecture in my community. Possibly, these pieces explore the psychological changes in suburban ideology and mentality over time. However, in reality, they are just an accumulation of stories, personal experiences and events that shaped both me, and my community. 

My inspiration ranges from the ordinary of the everyday to the tragic events that can reveal to a community the invisible strings that tie everyone and everything together. From the childhood isolation of growing up in the rural fringes of Clarence, NY to the onslaught of identical houses in identical developments, growing up in the suburbs has given me the insight necessary to create a body of work that both critiques and simultaneously praises a lifestyle that is now the norm in Western New York."

Amanda Maciuba was born and raised outside of Buffalo, New York and is a graduate of the University at Buffalo. She has a B.F.A. in Print Media. She has participated in many group exhibitions in the Buffalo area and around the U.S.

RSVP on Facebook here.

What the Fox? Written Rules for Unwritten Contracts

Oral contracts are valid.

Generally, the only contracts that MUST be in writing are:

1. any promise to be responsible for someone else's debts;
   


2. any promise consideration (like a ring) to marry (though this rule has been eliminated in many states);
   


3. any promise that the parties cannot possibly fulfill within one year from when they made the promise;
   


4. any promise involving the change of ownership of land or interests in land such as leases;
   


5. any promise to pay a broker a commission for the sale of real estate;
   


6. any promise for the sale of goods worth more than $500 or lease of goods worth more than $1,000 (the amounts may vary from state to state);
   


7. any promise to bequeath property (give it after death);
   


8. 
   
   any promise to sell stocks and bonds (this provision is eliminated in some states).
   
   
   

   
   

   
   

   The maxim that "oral contracts aren't worth the paper they are written on" is technically not true. It is an admonition regarding proof. It is a cute, easy to remember aphorism to convey several ideas. First, the process of writing and signing a contract forces everyone to be more specific about expectations, promises and definitions than an oral agreement. For example, the statement "I'll get that to you as soon as possible" is easy to accept verbally; but, in writing it seems vague and invites the parties to talk about what they mean: to me, it could mean tomorrow; to you, it could mean when you finish the projects you currently have going. Both are reasonable and valid definitions of " as soon as possible."
   

   
   

   Second, the act of signing a document is a more serious and sacred act than shaking hands, or saying "okay." A signed document has a legal synonym of being an "executed" document. An unsigned draft is sent for execution. The alternate meanings of execute of "killing" and "putting to death" connotes the seriousness of an agreement much better than "signing". People often pause before signing; it is a last "do I really mean this?" Therefore, during the process of negotiating and writing, people are more thoughtful and specific knowing they will commit to the promises they are discussing.
   

   
   

   Third, if disagreements do arise, a documented agreement eliminates precursor arguments over what the agreement actually was. Discussions move right to what the agreement meant, not what it was.
   

   
   

   
   

   
   

   Most commerce occurs without documented agreements.
   

   
   

   Think of your week. You probably signed no contracts; but, you entered into and fulfilled dozens: buying groceries, eating out, getting coffee, picking up supplies, filling your gas tank, sending mail, downloading songs, replacing the worn-out jeans, getting a down-payment for services to be rendered. These exchanges are all oral contracts.
   

   
   

   How do contracts arise?
   

   
   

   The law follows commercial norms. The law was built to yield outcomes businesses would have typically chosen. The law requires quite little actually; it requires a "meeting of the minds," indicia that the parties intended to agree—a price and a quantity; a quantity and a delivery date. The law fills in terms not specified; it presumes the parties intended "the usual terms" and looks to the parties' prior dealings, or what merchants in the industry generally say.
   

   
   

   To have an enforceable contract, in writing, on-line or verbal, there must be an Offer, Acceptance of the offer, Consideration for the promises, Mutuality of commitment, a Legal purpose, product or service, and Capacity of parties.
   

   
   

   An Offer is a proposal to create a binding agreement. The offer may have conditions to be met before it is binding. For example, displaying goods on your website along with words to the effect that "we have these for sale" is an offer. An offer may be revoked at any time before it is accepted, unless by its terms it is "firm," meaning open for a given period of time.
   

   
   

   Acceptance is assent to the terms of the offer. Acceptance may be by actions or words. For example, if you offer to sell a book for $ 10, I accepted by handing you a $ 20 bill.
   

   
   

   Consideration is what each party gets from the other. It is any promise, act or transfer of value that induces a party to enter a contract. You each give up something of value—time, money, effort, a promise, forbearance of an act you could otherwise do. For example, I promise to pay the charge on my credit card if you promise to send me your product. Consideration could also be forbearance—a promise to not do something that you have a legal right to do. For example, I won't go to the beach on Saturday if you give me your wrench.
   

   
   

   Mutuality means that both parties give something up or do something; neither is doing what they would have done anyway. Also, if either party reserves an unqualified right to bail out, that person's promise is illusory: no promise at all.
   

   
   

   Legal Act: You cannot make a contract for an illegal act; nor can you enforce a contract for an illegal act. So if you bet money the gallery will exhibit my work, and it doesn't, I can't sue to get you to pay.
   

   
   

   Capacity of parties: Capacity is the ability to understand what is happening. The law presumes that minors and the mentally incompetent do not have the capacity to make a contract. Even if they sign a contract, you can't enforce it against them, although they can probably enforce it against you. And, minors can void a contract when the come of age. That is why parents sign for kids; and in the entertainment industry, a judge must approve a contract with a minor.
   

   
   

   Contracts can now be signed electronically. Your signature is any mark you intend to be your signature. So, making your "X" is a valid execution of an agreement; even signing someone else's name is your signature (and forgery). Clicking "I agree" can create a contract. The contract may be formed by a series of correspondence, emails and conversations. You can see how these rules sometimes mean the parties made a contract they don't even know they did.
   

   
   

   That is What the Fox on contract basics.

An Artist’s Secret Weapon Against Unethical Business

by Sean Madden

                I need to start this post by saying that MOST of the magazine editors, publishers, and gallery owners I’ve dealt with have been awesome.  By and large, they’ve been extremely professional and have done everything they could to promote my art to the public, and pay me on time. They’ve been great to me, in spite of the fact that the art business is tough (especially these days), and it’d be easy for a gallery owner to be late or forgetful about payment.
                That being said, I want to address what artists should do about the 1% out there who make it tough for artists. There have been times when I’ve had to get quite aggressive on the phone to get my work shipped back appropriately from a gallery. I’ve had to get very nasty with some magazine editors about payment. I’ve also had to argue about payment because my work was damaged due to poor treatment, and poor placement on the part of gallery and club owners.
                 Again—these kinds of issues are few and far between, but they are angering. There are people in the art business who feel that the standards of professionalism commonplace in the business world don’t apply to them. They may treat the gallery as a party house, where only the “cool elite” of the clique get consideration.
               Through my trials and tribulations, I’ve discovered a few secret weapons that worked VERY well for me, and they’ll work for you:

              Recently, my work was accepted for a group exhibit in a very prestigious gallery in LA. I’ll not say the name here, as I’m above mudslinging. The owner was very pompously dismissive with me on the phone. He just couldn’t be bothered with the likes of me (should’ve been my first clue). He referred me on to his out-of-state artist representative. After emailing the out-of-state rep, she eventually got back to me, and we agreed on which piece I would send.  When she sent me the contract, she told me to “ONLY COMMUNICATE WITH HER,” as the owner was not to be bothered by the out-of-state artists for questions or concerns. She was very explicit in her email that she was the point person—not the owner.
           This all seemed simple enough. I looked over the contract, signed it, and shipped my work.  A week later, I sent a follow-up email to see if my work arrived safely.  I received no response. I sent another email a few days after this, and when I did get a response she said she was unsure if it had arrived. “Unsure?” This was a little unsettling, to say the least. I needed a better answer than “unsure.” When I pushed to get a better answer, I got no response.
           A MONTH later, I still had no idea if my work had arrived, if it was hanging on a wall, or if it was in a show. I had no idea what the name of the show was, or the dates. I’d been treated essentially as though I didn’t exist.  I’d been completely ignored. Additionally, I was told I couldn’t communicate with the gallery owner, only the out-of-state rep, but she was being unresponsive. I was worried about my work, and angry about the dismissive, rude way I’d been treated. What to do? Hmmmm.
            I contacted the Better Business Bureau (BBB) for the LA area and filed a claim against the gallery. A day later, I received a phone call from the gallery owner himself. Gone was the dismissive, pompous tone. This guy was ANGRY. Even after I explained my dilemma to him, and told him that his out-of-state rep had been seriously irresponsible, he didn’t take responsibility for happened. He tried to blame me for it. I forcefully put the responsibility back on him (now I was angry) as an adult business owner who should’ve treated his artists more respectfully, and he reluctantly apologized. My work was returned, safe and sound (with LOTS of bubble wrap) a week later.
            I’ve also used the BBB successfully with a few forgetful magazine editors in the past. In one case the editor got email bravery and cussed me out in the email. Wonderful for me, as this email, once printed out, serves as evidence in my favor. The bottom line is, if I provide a service that I am contracted to do for a business, and I am mistreated by that business, I will file a claim after my efforts to resolve the matter on my own are ignored—whether they like it or not.
           While I’m recommending this, I want to also say that it should only be used as a last resort. Even if later retracted, reports stay open in the BBB files for a few years. I usually get very direct with people if they haven’t paid me, then I threaten them with legal action, then I contact the BBB. In any case, make sure you save any incriminating emails from the unethical business.


Sean Madden is an artist from Buffalo’s North Park neighborhood. He currently resides in Rochester, where he works as a school counselor during the day.  His insanely surrealistic artwork has been published in Canada, the UK, Australia, and throughout he US. Currently, he has work going into the next Scream movie. To see his work: www.clownvomit.org

To see an online sample of his new book, with a forward by Marcus Wise, visit here.

ELAB Holiday Art Sale: THIS SUNDAY

Emerging Leaders in the Arts Buffalo is proud to present a holiday showcase and sale of local art by local artists.

Sunday, December 12th, 2010, from 10am to 5 pm
Free and Open to the Public
In the Beautiful 3rd Floor Banquet Hall, with a fully-staffed bar
Pearl Street Grill and Brewery
76 Pearl St., Buffalo NY

Held in the beautiful, historic Pearl Street Grill in downtown Buffalo- you'll be able to grab lunch, a handcrafted beer, and all the art and craft your heart desires. Take this opportunity to see the work of all the Emerging Leaders in the Arts on display, and bring home something truly special.

Featured Groups:
Hosted by Emerging Leaders in the Arts Buffalo (ELAB)
WAM: Writers-Artists-Musicians
Buffalo First: Think Local, Buy Local, Live Local

Featured Artists:
Photography by Marcus Wise
Paintings by Chuck Tingley
Vintage/upcycled jewelry by Dana Saylor
Paintings and Sculpture by Tara Sasiadek
Sculpture by Marissa Lehner
Paintings and Photography by Kyle Kaczmarek
Prints by Amanda Maciuba
Airbrush Art by Jenn Mayberry
Knit/Crochet Wear by Tammy Lasek
Semi-precious sterling jewelry by Jeannie Foster
Mealy Monsters by Nicole Johnson
Pastels by Cheryl Klinck
Knit Sculpture by Erin K. Busch
Prints and Postcards by Viktoria Ciostek
Mixed Media Art by Kelly O'Shei
Sculptural Paintings by Liz Benz
Paintings, Felt, and Comics by Esther Niesen

AND:  Music by AVDJ PROJEX


RSVP on Facebook.