Tag Archives: emotional distress

Doing Art Therapy on Myself

Here is what happened to me Friday October 15:

I fell down the stairs and bent my foot the wrong way. I might have two broken toes, I realize it could have been a lot worse. The pain is way down today so my head is more clear and I can actually write something! I don’t have to spend 100% of my time off of my foot until I have a follow up appointment with an orthopedic doctor, but I will have to spend the majority of my time with it elevated, at least for awhile. Not sure for how long, but in the meantime I’m taking the opportunity to study my art therapy book and my horticultural therapy books to see if there is anything I can do to cope better with the fear and frustration of being temporarily unable to move around much. I’d also like to help my stressed out family cope with helping me with my injury while dealing with other severe recent losses. What can I learn while I study and try things out?

Having Some Fun With Negative Space

I started out by working on some collages I began during #virtualartparty number 4, an online session my husband and I hosted to help our friends and family do a little art and hopefully feel less lonely during the pandemic. I’ll write more about the collages later, but for now I want to write about the leftover cut away paper pieces I was dropping in the waste basket to be composted. The shapes were interesting, and reminded me of something. What was it? Why were these scraps interesting? Then I remembered this really cool architecture photo I had put on an Architecture Pinterest board. And some sketches I’d done for a ceramics class in the spring of 1990. Good memories of one of those times when I couldn’t stop the ideas from coming, and a pretty good percentage of them still seem exciting to me.

What I was noticing was the shapes made by the negative space – the parts I cut away – and how they reminded me of positive and negative shapes that I responded strongly to. I took the most interesting white paper scraps back out of the waste basket and glued them down on black paper. I scanned them into the computer to make these positive and negative images to see if they inspired me to make something with them.

Using Photoshop, I made selection outlines out of the white shapes, stroked them in black, and printed out the results as coloring pages so I can try to encourage myself and other people to enjoy the benefits of coloring and art making. There is enough going on to get people started – sometimes a blank page is intimidating if people don’t know what to draw or color – that’s a tip I learned long ago in Drawing 1. There is still room for individual creativity in these and other coloring pages I’ve made available for free download.

Download free coloring pages:

Negative space #1

Negative space #2

Abstract Art

The shapes that resulted from the paper cutting do somewhat resemble natural forms, but the overall design so far is abstract. Is abstract art good for therapeutic purposes?

I often encourage people to try making some abstract art in a project that is relatively low stakes such as an art journal page, because my reasoning has been that many untrained artists are afraid that they can’t draw and therefore are discouraged from making art that attempts to be representational. If I can show them how to make art from found papers and found objects, maybe that will help them become less inhibited and just have fun.

My favorite kind of art is abstract and if need be I can keep myself entertained with shapes, colors, textures and lines for hours if not days on end. Even if I think it’s fascinating and fun, abstract art is likely going to be a hard sell for most people. Those who appreciate abstract art the most are often art and design professionals or people very knowledgeable about art, such as patrons or collectors. The general population is mostly not that big of a fan and prefers recognizable nature-based images (Marcus and Sachs 15). We know from reactions to modern art and modern public sculpture how wide the gulf can be between the tastes of art and design professionals and the general public. If this sounds elitist, it’s not meant to be, it’s just a fact pointed out in a therapy book to help practitioners offer projects that are most helpful to the patient (Marcus and Sachs 15).

Abstract art isn’t necessarily therapeutic to people with certain conditions or states of mind. Experiments on physically or emotionally stressed patients revealed not only an affinity toward nature imagery but hostility to abstract art – even to the point of attacking the abstract pieces in some cases. The same artwork often prompted positive reactions from the staff, showing how the varying states of mind of individuals influenced how the artwork was perceived (Marcus and Sachs 30-31).

Practitioners intending to use art to facilitate health should keep the client’s needs in mind above their own personal tastes (Marcus and Sachs 15). Stress is detrimental to healing, both mentally and physically (Marcus and Sachs 25), so the last thing I would want to do is add to someone’s stress if I was trying to help them.

What could I add to my abstract background to make a project that is more soothing to the general public? My project is aimed at people who want to color but don’t necessarily want to draw. I have several stencils in my collection with botanical imagery that will appeal to the universal human need for nature-based imagery. I can use colors that are soothing and also found in nature. I chose blues and greens for this demo because hot colors might aggravate certain conditions and interfere with wellness (Winterbottom and Wagenfeld 182).

Art Journal Page

Here is an art journal page I made with one of my abstract printouts and a botanical themed stencil.

I got out a piece of cardstock that I use as a template for making pages that fit my art journal and I traced around the printout to remind me where the page edge will be. I chose a stencil by The Crafter’s Workshop, Mini Four Ferns, and outlined the fern designs in pencil.
I chose a blue gray pencil color to fill in the abstract shapes so that they would visually recede into the background behind the green ferns. Where the fern and abstract shapes overlapped, I overlaid neutral gray marker. I used green colored pencils and a green Sharpie paint marker to color in the rest of the ferns where they did not overlap the blue, and I outlined the ferns with a thin black Sharpie pen. It didn’t look quite finished so I drew some lines in pencil that are reminiscent of topographic maps. Then I was satisfied!

Works Cited

Marcus, Clare Cooper and Naomi A. Sachs. Therapeutic Landscapes: An Evidence-Based Approach to Designing Healing Gardens and Restorative Outdoor Spaces. Wiley, 2014.

Winterbottom, Daniel and Amy Wagenfeld. Therapeutic Gardens: Design for Healing Spaces. Timber Press, 2015.

The Right to Privacy

The new season of the Netflix series “The Crown” is out. Around this time last year I wrote a homework assignment paper about the production elements in the show for Media and Culture class. As I start to view the new Season 4, I’m recalling our studies last week in Media Organization Regulations class on the legal aspects of privacy. How does what we learned illuminate how entertainment companies depict real people in a fictionalized drama? Here is an amalagamation of a couple of last week’s homework assignments. If you like to watch “The Crown” or other dramas based on historic events and real people, you might find some of the legal considerations involved interesting. In the series are also depictions of emotional abuse and mental illness, topics I’ve written about before and which again came up in last week’s homework. Abuse takes many forms and some of them are perfectly legal. These selections have been graded by my professor but I didn’t make any changes before publishing. Please keep in mind I am not an attorney or law student, I’m an Advertising and Marketing Communications major. Enjoy!

The Right to Privacy

The theory of a right to privacy developed in US law over about the last 130 years, derived from the 3rd, 4th, 5th and 14th amendments (Trager et al 234). The right to privacy is defined as “1) The right not to have one’s personal matters disclosed or publicized; the right to be left alone. 2) The right against undue government intrusion into fundamental personal issues and decisions” (Legal Information Institute “Right to privacy”).

A tort is a transgression by one person or entity on another’s rights, resulting in an injury (Trager et al 234). Law school dean William Prosser described four torts in the following categories; “false light, appropriation, intrusion and private facts” (Trager et al 235). Commercialization and the right to publicity are sub-categories under appropriation (Trager et al 235). The right to publicity “prevents the unauthorized commercial use of an individual’s name, likeness, or other recognizable aspects of one’s persona. It gives an individual the exclusive right to license the use of their identity for commercial promotion” (Legal Information Institute “Publicity”). Besides being a subset of the right to privacy, the right to publicity differs in that it prevents unauthorized commercial exploitation of an individual rather than addressing non-commercial violations of rights.

right_to_privacy_diagram

False light, intrusion and private facts only apply to living persons (Trager et al 235). The appropriation tort is broader. It applies to living persons and in addition the deceased, businesses, non-profits and associations (Trager et al 235). The states vary a great deal in which torts they recognize – many only recognize single categories or subsets and not necessarily the same ones (Trager et al 235).

Celebrities don’t forfeit their right to privacy by being celebrities, but since people want to know about them many of their activities could be considered newsworthy (Trager et al 246). That doesn’t mean people are entitled to know facts about a celebrity that are not determined to be in the public interest (Trager et al 260, 262). A person’s notoriety might make them the licit subject of a satirical, artistic or transformative work that stops short of commercial use (Trager et al 248-249), which would interfere with the celebrity’s right to publicity.

Appropriation, Commercialization and Political Speech

Appropriation torts are recognized by 46 states, the District of Columbia, the U.S. Virgin Islands, and Puerto Rico (Trager 235).  The remaining four states have yet to rule on appropriation (Trager 241).  Commercialization and the right to publicity are the two torts included in the privacy law category of appropriation (Trager 235).  Commercialization, also known as misappropriation, is the act of using the likeness or name of a living or dead person in advertising or for commercial purposes without seeking permission from the individual in question or that of the heirs (Trager 236, 241).

The commercialization prohibition is less likely to be applied to a deceased person than right of publicity because it is intended to prevent emotional distress to an individual by upholding the person’s dignity in preserving their personal right to privacy.  As a personal right, it is not usually thought by the courts to apply after death, unlike the right to publicity which deals with the monetary value of one’s identity a form of property that can be transferred or inherited (Trager 242).

Dan Frazier is a retailer and activist who sells left-wing themed political merchandise and other products through his company Lifeweaver LLC (Lifeweaver LLC, team@lifeweaver.com).  In the first decade of the 2000s he started selling anti Iraq war t-shirts with the names of U.S. soldiers who had thus far died in the war as part of the design in small print.  Enough families of the deceased soldiers were outraged by their family members names being used to make money for Frazier that laws were passed in several states making the sale of merchandise that appropriated soldiers names or likenesses without permission illegal (Fischer, “Mom Wants Dead…”).  Frazier’s home state Arizona was one of those passing such a law (Fischer).  Frazier, represented by the ACLU in a case heard in a federal court in Phoenix, was able to stop state and local officials from prosecuting him, citing First Amendment rights to freedom of speech.  The federal court declined to strike the Arizona law from the books and decided to let future similar cases be decided on their own merits (Fischer).  The defenses against appropriation are newsworthiness, the appropriated material being in the public domain, freedom of speech under the First Amendment, incidental use, self promotional ads for the mass media, and consent (Trager 245). How would these defenses possibly apply to Frazier’s case and any future cases that are similar?

Newsworthiness

The U.S. Supreme Court has decided an appropriation case based on newsworthiness before, in hearing whether a news station deprived stuntman Hugo Zacchini of his rights to make a profit from his human cannonball act by airing the entire act as part of a news broadcast.  The court found in Zacchini’s favor, giving his right to publicity more weight than the news station’s First Amendment right to free speech (Trager 247).  In Frazier’s case, newsworthiness is obliquely mentioned in the complaint (Frazier CV07-8040-PCT-NVW) but not as a factor in the decision (Frazier 07-CV-8040-PHX-NVW) though perhaps it could have been.  Deaths in war are news, and courts have previously found that newsworthiness is a defense even though news content is sometimes sold (Trager 246).  Dan Frazier presents his company as a retailer of products as opposed to a news organization (“Campaign Finance Report…”, team@lifeweaver.com).

Public Domain

The names of those killed in war are public information, as again obliquely mentioned in the complaint (Frazier CV07-8040-PCT-NVW), and in my opinion would qualify as factual information that is in the public domain (Trager 248).

First Amendment

Most prominent in the complaint and the court’s findings are issues concerning free speech under the First Amendment. Cited in the decision was a U.S. Supreme Court case, Riley v. National Federation of the Blind, which ruled that if speech is a blend of commercial and some other purpose, the two purposes cannot be parsed out and must be considered together. Given this finding, Frazier’s t-shirts were determined to be protected by First Amendment rights as any other type of political speech would be (Frazier 07-CV-8040-PHX-NVW).

Ads for the Media

Mass media may use names and likenesses of public figures in advertisements for products if the identity-related elements are part of the original content (Trager 251).  The court in Frazier’s case considered but declined to evaluate separately the legality of the t-shirt products themselves and catalog pictures of the t-shirts with close ups showing some of the soldier’s names.  Perhaps the court did not feel it necessary to comment on whether it mattered in this context whether the names were of private or public figures since it had already found that pictures of the merchandise were “inextricably intertwined with otherwise fully protected speech” (Frazier 07-CV-8040-PHX-NVW).

Consent

Frazier made no pretense to claiming consent.  His web site included a statement reading, in part, “I have no plans to remove any names or discontinue any of these products, no matter how many requests I receive” (Watters).  He and his legal team believed they did not need it, and were eventually found to be correct in the legal sense (Frazier 07-CV-8040-PHX-NVW).  Frazier’s personal code of ethics did not preclude him from acting in a way that caused some families of the fallen soldiers listed on the t-shirts to experience what they categorized, but were unable to prove in a Tennessee court, as negligent and intentional “infliction of emotional distress” (Read).

Incidental Use

Frazier did not need to invoke the defense of incidental use to justify the soldier’s names on the t-shirts, but in my opinion incidental use would have applied (Trager 252).  An individual soldier’s name was not the main focus of the shirt design and was in a font small enough to only be legible at close viewing (Frazier CV07-8040-PCT-NVW).

Lanham Act

In my opinion the commercial appropriation issues invoked by the t-shirt design are not in the “zone of interest” of the Lanham Act of 1938, which is concerned with false or misleading advertising (Trager 556).

Works Cited

“Campaign Finance Report 2010 March/May Regular Election.” City of Flagstaff, Arizona, 2010, www.flagstaff.az.gov/DocumentCenter/View/10843/Dan-Frazier. Accessed 15 November 2020.

Fischer, Howard, “Antiwar T-shirts win protection.” Capitol Media Services, 2008, azdailysun.com/news/antiwar-t-shirts-win-protection/article_d0dd0588-d6dc-5b28-acfe-70771736099a.html. Accessed 15 November 2020.

Frazier, Dan vs. Defendants. CV07-8040-PCT-NVW. 2008. Print.
—. 07-CV-8040-PHX-NVW. 2008. Print.

Legal Information Institute. “Right to privacy.” Cornell Law School, 2020, www.law.cornell.edu/wex/right_to_privacy. Accessed 12 November 2020.
—. “Publicity”. Cornell Law School, 2020, www.law.cornell.edu/wex/publicity. Accessed 12 November 2020.

“Lifeweaver LLC.” Bizapedia.com, 2019, www.bizapedia.com/nm/lifeweaver-llc.html. Accessed 15 November 2020.

“Mom Wants Dead Son Off Anti-War Shirt.” CBS Interactive Inc., 2008, www.cbsnews.com/news/mom-wants-dead-son-off-anti-war-shirt/. Accessed 15 November 2020.

Read, Robin, et al v. Lifeweaver, LLC et al. 2:08-CV-116. 2010. www.leagle.com/decision/infdco20100506b78. Accessed 15 November 2020.

team@lifeweaver.com, “Lifeweaver LLC.” 2020, lifeweaver.com. Accessed 15 November 2020.

Trager, Robert Susan Dente Ross and Amy Reynolds. The law of journalism and mass communication. Sixth Edition. SAGE Publications, Inc. 2018.

Watters, Jesse “Confronting Frazier.” BillOReilly.com, 2006, www.billoreilly.com/b/Confronting-Frazier/-643011088989176289.html. Accessed 15 November 2020.