Graphic Artists Guild Handbook: Pricing & Ethical Guidelines [10 ed.] 0932102115, 9780932102119

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Digitized by the Internet Archive in

2012

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10th Edition

Graphic Artists Guild Handbook: Pricing

&

Ethical Guidelines

^

Credits

Graphic Artists Guild Executive Director

Steven

R.

Schubert

National President

Jonathan Combs

Editorial Project director Paul Basista, CAE Project

manager

Sara Love Project consultant

Simms Taback Supervising editor/writer Susan E. Davis

Research & coordination Patricia McKiernan

Design

&

Production

Art direction

Sara Love

Cover

art

Richard McGuire

Book design & prepress Ali

Karp

|

alink

newmedia

alink@earthl ink net .

Cover printing Phoenix Color Corp. Interior printing

Maple

&

binding

Book Manufacturing Group Vail

Publishing Publisher

Graphic Artists Guild,

Inc.

Distributors to the trade in the U.S. by North Light Books: An imprint of Publications, Inc.

F&W

1507 Dana Avenue Cincinnati,

OH

45207

800.289.0963 Direct-mail distribution

Graphic Artists Guild 90 John Street, Suite 403 New York, NY 10038 800.500.2672 www.gag.org |

Copyright ©2001, 1997, 1994, 1991, 1987 by the Graphic Artists Guild, Inc. except where noted. All rights reserved.

No part of this book may

any form or by any

electronic or mechanical

be reproduced

means

in

including

information storage and retrieval systems without written

permission from the Graphic Artists Guild, except reviewers

who may quote brief passages to be published

in

a magazine,

newspaper, or online publication.

—«. 23456789 ®^^^

ISBN: 0-932102-11-5

["1

Dedication

To

Simms Taback who,

over the

last

two decades, has devoted

developing this publication into the best-seller that

it

is

his vision

has truly had an impact on our profession, was carefully directed by Simms, over

it

today.

[

"*

and insight

to

today. Each edition of this book, which

who

still

watches

vi

& vii

viii

xi

164

Graphic Design Prices

Foreword President's Prologue

Acknowledgments

Trade Customs

The Agreement

167

Trade Practices

167

Corporate Graphic Design

169

Branding Design

172

Advertising

Introduction

&

Promotion Design

Collateral Design

173 176

Professional Relationships

2

Publication Design

179

Working with

4

Book Jacket or Cover Design

182

12

Book Design

184

19

Book Packaging Design

20

Lettering

21

Retouching

Illustrators

Working with Graphic Designers Sources of Marketing

Illustration

&

&

Design Talent

Self-Promotion

Standards

Ethical

&

187

Typeface Design

188

&

192

Photo

Illustration

Environmental Graphic Design

&

195

26

Exhibition

29

Broadcast Design

44

Greeting Card

48

Chart

Moral Rights

51

Production Artist

204

Resale Royalties

53

Practices Governing Original Art

53

Web

206

Laws Defining

54

Digital

Legal Rights

Issues

Copyright

Work

for Hire

&

Rights of Celebrity

Privacy

Fair Practices

& Map

Design

Trademarks

54

Ready

Trade Dress

56

The

58

Web

International

&

Canadian Copyright

&

Display Design

&

Novelty Design

Other

Media Practices

& New Media?

for the Internet

Digital

Marketplace

Design

Site

210 222

Professional Issues

62

Software Programs

Deductibility of Artwork

64

Other

Sales Tax

64

Glossary

75

Speculation

76

&

Competitions

Professional Practices Influenced by Technology

225

77

85

100

The Labor Market

101

230 231

Advertising Illustration

231

Preproduction Illustration

244

Onscreen Artwork

249

&

in

Institutional Illustration

254

Editorial Illustration

265

Package

Illustration

271

Fashion

Illustration

274

1:

Part

II:

Part

III:

Part

IV:

Part V:

Goods

278

Illustration

Medical Illustration

282

114

Scientific (Biological) Illustration

286

Keeping Track

120

Technical Illustration

288

Collecting

124

Architectural/Interior Illustration

292

134

Dimensional (3-D)

295

Negotiation

Reuse

Salaries

&

&

Other Markets

Trade Customs

152

Employment Conditions

155

Salaries

156

Design

Retail

&

106

Preparation

Part

104

250

Book Publishing

Greeting Card, Novelties Essential Business Practices

228

Overview

Corporate

Health Issues

Trade Customs

Overview

Motion Pictures, Television, & Video

93

Ethical Issues

&

Illustration Prices Historical

91

Pricing Considerations

&

9

82

Technology Issues

Legal

224

224

Markets

71

Issues

Cancellation & Rejection Fees ("Kill Fees")

Contests

Digital

208

209

Computer Games

Employment

200

203

Design

&

197

200

&

Production Job Categories

Trade Practices

in

Two

Disciplines

10

Illustration

Marbling (Marbled Printing)

300

Postage Stamp

302

Illustration

Cartooning Prices

&

156

Magazine Cartooning

160

Editorial

[

iv

1

Cartooning

Trade Customs

306 308 311

Contents

Newspaper Syndication

311

Electronic Publishing

314

Comic Books

314

Books

Original Cartoon or Collections

11

12

395

Estimate

Merchandising

320

&

322

Animation Prices

Trade Customs

Computer Animation

324

Other Forms of Animation

326

Animation

Is

326

Careers

Animation

in

Surface/Textile

Multicultural

327

Salaries

328

Pricing

329

Surface Design Prices & Trade Customs

332

Computer-Aided Design Changing Industry

335

& Textile

&

Confirmation Form

403

Surface/Textile

Form

Designer's Holding

14

326

Job Markets

401

Surface/Textile Designer's

319

&

394

Designer-Agent Agreement

319

Reprints

Licensing

Nondisclosure Agreement Submitting Ideas

for

Surface/Textile Designer's Invoice

404

Web

Site Design & Maintenance Order Form

405

The Graphic

408

Artists Guild

Long-Range Goals

410

History of the Guild

410 416

Taking Action

Member

Benefits

&

Services

418

National Board of Directors

419

The Graphic

420

Artists

Guild Foundation

The Graphic

420

Artists Guild

Legal Defense Fund

336

On

Joining the Guild

421

337

Graphic Artists Guild

421

Working with Representatives

341

Membership Application

Trade Practices

341

13 Standard Contracts & Business Tools

344

Types of Surface

&

Licensing

Design

Royalties

15

Why

Have Contracts?

Resources

&

The Graphic

422

References

Artists Guild

Bookshelf

424

Recommended Reading

426

346

Useful Publications

427

428

347

Industry Directories

What a Contract Should Include

350

Talent Databases

428

Using Contracts

355

Related Organizations

428

Negotiations

357

429

Before Calling a Lawyer

359

Merchandise Markets, Shows, & Expositions

When

360

Seven Basic Types

to Call a

of Contracts

Lawyer

Some

Useful

Web

Sites

430

Glossary

431

Index

442

370

Graphic Artists Guild

453

Artwork Inventory Form

372

Membership Application

Computer-Generated Art Job Order Form

373

Computer-Generated

375

362

Glossary

366

All-Purpose Illustrators Letter of

Agreement

All-Purpose Purchase Order Artist-Agent

Agreement

368

Art Invoice

Media Invoice

377

Graphic Designer's Estimate & Confirmation Form

380

Graphic Designer's Invoice

382

Digital

Estimate Confirmation Form Illustrator's

&

384 386

Illustrator's Invoice Illustrator's

Release Form for Models

388

Licensing

Agreement (Short Form)

389

Licensing

Agreement (Long Form)

390

Magazine Purchase Order

Commissioned

for

393

Illustration

[vl

Foreword

was working as the art directorof a women's business magazinewhose

Twenty years ago ethic was, by

and

assignments to

upon

based

I

about success.

large,

illustrators

gave

budget.

limited

relatively

a

I

and photographers

Understanding the need for a start-up pubsaving

lication

we were

all

money

cautious.

went along with

it

The

might not yet have, artists

I

used mostly

this editorial policy,

have a nice printed piece. Naturally

I

happy

to

regretted

not being able to pay on a higher scale.

my fiance became gravely my job. The editors and were kind enough to offer me

Then unfortunately ill,

and

I

had to leave

the art associate

a regular illustration

assignment

article requiring three or four

—a single-page

spot illustrations

each time. The remuneration for this was $250. Even at the inflation it

I

economy of the time,

seemed like a lot of work for the money. Now knew both sides of the coin.

For the past 14 years for Alfred

industry,

the

still

been

I've

art director

A

Knopf Publishing.

A.

money works — low

it

an answer on pricing,

I

When

can always turn to the

artist

working away

hours. Try to remember.

Carol Devine Carson Vice President

and Art Director

The Knopf Publishing Group

vi

1

still

cornered for

Ethical Guidelines for back-up for the

sake of the

[

far I've

has been uphill and

has room for improvement.

&

So

to increase the rates for jacket art

and design, though

Pricing

way

fees but no glossy

advertising supporting the pages.

managed

different

editorial, but similar in the

in

the night

President's Prologue

The Perfect Accessory This 10th edition of

professionals from 1973,

in

it

wisdom

around the country. Over the years since

illustration

Ethical

of countless graphic arts

has emerged as the leading resource for people

buying and selling It

all

&

the Graphic Artists Guild Handbook: Pricing

Guidelines encompasses the experience and

in

its

inception

the business of

and design.

has become an indispensable tool for both buyers and sellers because of

unique the

editorial voice that respects both sides of the business equation.

Handbook helps

freelancers to better run their studios,

it

its

Where

helps art and design

buyers to better understand the needs and rights of the talented people with

whom

they seek to work. Together

we

can create better contracts and working

conditions that value the creator's role, give credit where credit

is

due, and

honor the creative process on both sides of the transaction. The stronger the freelance market and the

more opportunities

stronger the position for

graphic artists wherever they work.

Go

into

all

most bookstores today, and you

your reading experience, such as book

I

want

If

in

enhance

embroidered bookmarks, or even

you are

a designer, illustrator, or

to suggest the perfect accessory for

your new copy of the Handbook: membership

supplements the Handbook

and designers, the

find an array of accessories to

lights,

zip-up book covers to protect a paperback. a professional in a related field,

for artists

many ways,

in

the Graphic Artists Guild.

It

giving you a powerful activist

platform from which to shape the future of the visual communications industry.

Joining the Guild provides the perfect opportunity to protect and defend the

aspects of the graphic arts community detailed

in this

book, and

it

you to give back to the industry by strengthening and promoting find, as

so

many

membership

others have, that Guild

is

it.

National President

[

vii

1

You'll

not only the perfect

accessory to the Handbook but also the perfect accessory to your working

Jonathan Combs

many

also allows

life.

Producing the Handbook

Revising the Graphic Artists Guild Handbook: Pricing

&

Ethical Guidelines

massive undertaking that involves the coordination and volunteers and

contains the

input of

Their expert contributions ensure that this

staff.

most current and

reliable

information. The

is

a

dozens of

new

edition

individuals

and

organizations listed here have donated their time and expertise to this project. Their participation

is

responsible for

more than 70,000 copies edition to

do even

its

continued success. The

last edition

sold

— more than any other single edition. We expect the 10th

better.

Special thanks are due to Paul Basista, the Graphic Artists Guild's Executive Director from 1986 to 2000,

who

of the past several editions.

contributed greatly to the evolution and success

Under

his skilled direction the

book emerged as an

industry best-seller and the standard reference for graphic artists and their clients. Special thanks are also due to

members

of the Guild's Graphic Design Issues

—chair Susanne Murtha, Lauri Baram, Pete Friedrich, Sue Gutbezahl, Hae Yuon Kim, and Susan Mathews — and to DK Holland and Emily Ruth Cohen

Committee

for their careful review of the graphic design chapters (Chapters

1, 3,

6-8);

Abraham,

Esq., Leslie Ellen Harris, Esq.,

Chapter

Legal Rights and Issues; to Jeff Yerkey for rewriting Chapter

2,

Design and Other

Digital

Media

Practices; to

on Alternative Comic Books to Chapter to for

Tom

Sito, President of

updating Chapter

and Nancy Wolff, Esq.

10,

Mark Hurwitt

for

Daniel

for reviewing 8,

Web

adding a section

Cartooning Prices and Trade Customs;

Motion Picture Screen Cartoonists, Local 839, IATSE,

11,

Animation Prices and Trade Customs; to Zsuzsi

Dahlquist of the Textile/Surface Design Department at the Fashion Institute of

Technology

for supervising the rewrite of

Chapter

12,

Surface Design Prices and

Trade Customs; to Kate Godfrey and Bud Peen for writing the 13,

new text for Chapter

Standard Contracts and Business Tools; and to Claudia Karabaic Sargent for

reviewing Chapter

13.

Thanks are also due

to

Susan

E.

Davis, supervising editor and writer; Ali Karp,

graphic designer; Richard McGuire, cover

and coordination;

illustrator; Patricia

McKiernan, research

Eric Hirsch, Ph.D., statistician; Katherine G. Ness,

copyeditor

and proofreader; Sara Carrier of the Maine Proofreading Service, indexer; and

Simms Taback

for his continued

guidance and assistance.

Sara Love Project

Manager

Publications Committee, Graphic Artists Guild

I

viii

1

Acknowledgments

Adams

Ellen

Greene

Laura Smith

Michael Allison

Sam

Gross

Jim Spiece

Michael

Barbara Arlen

Sue Gutbezahl

Irene Avery

Neil O.

Society of Broadcast

Designers Society of Children's

Kitty

Hardy

Stauros

Book Writers and

Glenda Rogers Stocco

Harvey

Illustrators

Society of Environmental

Carol Bancroft

Brett

Bruce Beattie

Jody Hegarty

Pino Trogu

Ted

Mark Hess

Jean

Mary M. Bono

Gerard Huerta

Gregory

Steve Brodner

Steve Hulett

Rosemary Volpe

Type Directors Club

Katherine Brown-Wing

Harriet Kasack

Lynda Weinman

U.S. Copyright Office

And the many anonymous Guild members and nonmembers who returned

Eric

Theise

Graphic Design Society of Graphic Bell

Tuttle

Designers of Canada

T. Victoroff,

Lou Brooks

Gary Kelly

Michael Wertz

Ernest Burden

Arnetta Kinney

William

Frederick H. Carlson

Ray Kinlock

Michael Whelan

Esq.

Westwood

B.

Society of Illustrators

the pricing

surveys that

are the basis for the most

Carol Devine Carson Bill

Charmatz

Fred Koenigsberg

Jennie Yip

Christina Jackson

David Young

Johnson

George Chiang

Scott

Stanley Church

Christine Labate

Seymour Chwast

Polly M.

current pricing data.

Brian Zick Nell

Law

Znamierowski

American

Institute

of Graphic Arts

Robert W. Clarida

Katherine Lenard

Jonathan Combs

Ellie Lipetz

Tad Crawford, Esq.

James Montalbano

Perspectivists

Margaret Cusack

Wilson McClean

Aquent

Lloyd Dangle

William

Thomas

James McMullan

American Society

T.

of

Architectural

Association of Medical

McGrath

Illustrators

Denari

Broadcast Design

&

Greg Manchess

Association

John Donaldson

Eileen Mislove

The Bureau

Nancy Doniger

Vicki

Michael Doret

Kent Myers

Elaine

Robert

Leo

Diane Dillon

of Labor

Statistics

I.

Duillo

Robert Dunlavey

Morgan Canadian Association of Photographers and Illustrators in

Newman

Communication

Book Group

Children's

Kenneth Parsons

Illustrators

John Ennis

Todd Pierce

Shelley Evenson

Billy Pittard

Janice Everett

Adam Read

Teresa Fasolino

Stuart M. Rees

Creative Access

Fashion Roundtable Joint Ethics Letter Arts

Joe Feigenbaum

John Reiner

Charles Field

Ellen Rixford

Committee

Review

The Licensing

Letter

Motion Picture Screen Mike Fleishman

Marilyn Rose

Mort Gerberg

Sharon Rothman

Karyn Lynn Gilman

Rob Saunders

Tim Girvin

Jeff

Roz Goldfarb

Edward

Melanie Hope Greenberg

Glen Serbin

Cartoonists, Local 839,

IATSE National Cartoonists

Society

Seaver

Optimum Design & Consulting

Seltzer

Serbin Communications

[

ix

1

Colophon: The preliminary art direction 10th edition of the Graphic Artists

for the

Guild

Handbook: Pricing & Ethical Guidelines was sketched on paper. The layout was heavily influenced by the whimsical illustrations on the cover, and every attempt was made to merge a simple and demure book format with artwork that was playfully energetic.

This book was created using QuarkXPress 4.1, Microsoft Word 2001, Adobe Photoshop 6.0, and Adobe Illustrator 8.0 on a Macintosh G3, running Mac OS 9.04. The interior text is set in Univers by Adobe with Courier Web addresses and Wingdings dingbats. Suburban by Emigre appears on the cover.

[xl

—

Introduction

The

edition of the Graphic Artists Guild

first

&

Handbook: Pricing published of

mouth

sold out the

few weeks. This Handbook.

is

now

It's

The Handbook

a

first

printing in only a

the book are based on the latest surveys and

importantly,

the

charts throughout

pricing

the 10th edition of the

then reviewed by outstanding practitioners

464-page book.

all

a cooperative effort.

is

entirely new, reflecting the

is

current focus on equitable contracts. And, most

1973 as a 24-page booklet.

in it

Business Tools,

was By word

Ethical Guidelines

Through

in

the disciplines.

The Handbook

is

work

a

in

progress that has

the years, hundreds, perhaps thousands, of

grown and changed through the

graphic arts professionals have contributed their

continue to do so as the visual communications

expertise to

making

it,

read reference book

went

edition alone

in

most widely

the

it

our industry. The 9th

to press five times, putting

70,000 books into circulation. That's

Handbook

why

the

original

mission and purpose for the book

the

first

"It

is

edition

was

written 28 years ago:

not the intent of this document to

maximum

suggest

minimum

Besides providing guidelines for prices and fees

Guild

mindful of the

based on up-to-date surveys, each new edition

to

revised,

totally

reedited,

updated.

extensively

investment. But that

is

what

stronger competition.

necessary to

established

is

so as to provide the very latest

why

That's

Guidelines

the

&

Pricing

Ethical

enables

and buyers

It

is

important to

Handbook ful

Its

too,

that the

is

to provide a help-

environment, with the understanding that

fees and terms are always negotiable.

A number

of

reworked for

edition.

new

totally

lished

section

was

critiqued,

brought up to date. Chapter

to

12,

1,

Tech8,

Web

Practices,

was

Surface Design

include the

latest

information

The comprehensive introductory Chapter 13, Standard Contracts and

that field.

text in

commitment

to

fee

to raise the ethi-

[xil

It

change these conditions."

Past National President

and Trade Customs, was completely

rewritten in

4,

and Chapter

Design and Other Digital Media

Prices

a

talent.

many Some stem from ignorance of estabcriteria, but many stem from malicious

the Guild's aim

how

about

Relationships. Chapter

nical Issues,

command and

of the

reputation

the inexperienced, and the unorganized.

the chapters

All

graphic designers work added to Chapter Professional

aware

attempts to take advantage of theunwary,

about graphic design have been thoroughly reviewed, with a

to

also

whose

their time

Simms Taback

have been

chapters this

is

abuses.

remember,

main aim

fledging

standards of the profession. There are

alike.

seeks to be as neutral and objective

as possible.

the

"Beyond the goal of supporting equitable prices, the Guild has a cal

practitioners

It

her

commensurate with

the indispensable resource for

is

or

of

The

struggling

to survive against financially

professional

him

prices.

newcomer

himself and

establish

company seeking

information affecting the sale of artwork and design.

or

considerable

keep abreast of our rapidly changing graphic arts universe

is

redesigned

a

It's

will

remain the same as when the introduction to

the industry.

is

It

business changes to meet global needs. But our

often referred to as "the Bible" of

is

years.

is

(

f

*

[2]

Virtually

*f

all

areas of

commerce and commun-

ications use the graphic arts. Graphic artists often specialize,

focusing their talents to serve particular markets within the

communications industry such This chapter provides an overview of

how

as magazine or book publishing, illustrators

or they

work

and graphic designers conduct

for corporations,

business, and

manufacturers,

retailers,

agencies,

examines the many pro-

may encounter

relationships they

fessional tising

it

adver-

broadcasting during their careers. Ethical standards for

companies, or

for-profit

and doing

nonprofit

institutions.

are

may

be

individuals,

stressed.

small

companies, or conglomerates.

Some clients

design on a regular basis, and

many

or infrequent buyers.

artist

with

business

Clients

However

purchase

art

and

are first-time, one-time,

clients work, the

has to present a professional face to

[31

all

graphic

buyers.

graphic

artists

pricing

Graphic

artists include

two primary groups

and graphic designers.

&

ethical guidelines

of visual communicators: illustrators

spectrum of commercial

Illustrators create the entire

artwork for reproduction, and graphic designers create

communication

digital

media.

illustrators

and graphic designers do

understand

how

and

Working with

—and

how

they differ

—

order to

in

and sustain professional relationships with them.

to initiate

clients

and prosperity of the profession.

to the health

is vital

Illustrators

may commission

client

types of visual

all

important to understand what

It's

and maintaining good working relationships between graphic

Establishing artists

A

and

print

in

artwork from an

directly

artist

or indirectly, through an artist's

representative or other agent. Clients occasionally contract with an art director, design firm,

agency to

studio, or

The Guild recommends

hire artists for a particular project.

agreement be signed by both contracts, refer to Chapter

5,

Essential Business Practices,

and Chapter

1

that a written

more information about

parties prior to beginning the work. For

3,

Standard Contracts and

Business Tools.

The

client

As

experts

The their

in

communicate

their

graphic artists

in

must

clients

fields,

In

art director

many

organizations, art directors

number of

needs and objectives to

They are responsible

terms of the product and the

and

negotiating

the

expertise, artists offer the client solutions to

supervising

the

Using

market.

the visual

particular

their

style

communications problem posed.

to

to

and

describe problems effectively and

envision

practical

between During

winning

basis

initial

of a

and

client

form

solutions,

artist in

and

a

relationship

concerns of both

that

Art

constraints.

of the

an

artists,

client's

to

ensure

its

directors

on

base their

concerns and on

director consults talent

art

trade publications.

may

addresses

call

addition, an art director

In

artists to

in

fees,

or check out artists'

review their portfolios

Web

sites,

place ads

in

publications or with professional organizations

the (such as the Graphic Artists Guild's Jobline

parties.

News, described Regular art buyers usually have staff specifically responsible for

job,

client

terms of the

usage, and contract terms. These discussions create

assignment

and

the

sourcebooks, advertising directories, and major

and possible solutions,

client's objectives

of

the diverse styles of the artists available. To find

meetings the

time

knowledge

the

artist.

discuss the design problem

for finding the artists,

terms

their choices of talent for a project

partnership

successful

a

proper execution within prescribed budgeting

Ethical professional practices, as well as the ability

manage

projects or accounts simultaneously.

all

purchasing: art directors or

other employees with expertise

in

in

Chapter

Artists Guild), or contact

When

commis-

speaking with

14,

The Graphic

employment

services.

artists, art directors

need

to be familiar with the project's time schedule,

sioning art assignments.

In

a large corporation,

the budget, for

example, the

probably has practices

and

how

the artwork will be used, and

art director, art buyer, or stylist

some experience

a variety of other factors. Artists then negotiate in

professional

appropriate rights, terms, and fees with the pricing. director.

[«]

The

art director

may

art

then send the

1 Professional Relationships

artist a

confirming purchase order, or the

may send and,

be used only in-house for presentation

artist

the art director a proposal or contract

when

later

turning

the artwork, an

in

memo. The

invoice and delivery

or

permitting

factors used

require that additional fees •

paid.

Test market: Artwork is historically purchased

thoroughly described throughout this book. at

low rates

Advertising agencies

and an

art director

usually

is

art

additional fees •

job.

An

art

buyer

responsible for calling

is

•

a selection of artists' portfolios for review by

who choose

the creative group,

on the

submitted. After an

buyer and the

an

artist

needed and the

style of art

the art

artist

Electronic:

Use

frequency

as

and invoicing of each assignment.

provide artists with

a

ownership of the

fee

sketch

additional

and

expenses that

will

All

•

negotiation

agreement

until

order,

signifies that

•

an understanding or

contract has been reached between them.

independent contractors,

out the understanding.

13,

this nicely; for a

Rights purchased

number

artists

A

should take

Letter of

may be

of categories, in

Agreement

Usage includes newspapers,

Publication:

all

in

of

any or

all

and any material included as

for the

purchase of

which may range from one-time

the purchase order, including a

detailed

in

specific

market,

medium, time

region:

consumer

for

period,

example,

magazine

and

national

(medium)

advertising (market) rights for a period of one Exclusivity

year (time).

purchased

price each

is

peting rights

usually

may be

within the

guaranteed.

markets

Noncom-

sold elsewhere, unless

order of

the purchase order stipulates otherwise. Sale

of these categories are:

of the original artwork or sale of the copyright

his or her work.

some

how to

use: Only television rights.

(region)

of a

which should be

Roughly

TV

geographic

the purchase order. Each artist

increasing value,

in

(which

In-house presentation and research: Usage is

category.

to extensive use. All rights granted are clearly

sample form, see Chapter

should decide independently

usage of

in this

limited rights,

Standard Contracts and Business Tools.

spelled out

posters that are not point-of-

All

The above categories are

As

responsibility for sending a contract that sets

does

point-

leaflets,

inserts or advertorials.

both parties have signed the purchase it

all

part of a publication, such as freestanding

both parties.

When

as signs,

cart posters, catalogs, brochures,

publications,

reached by

is

percent-

fee).

magazines, Sunday supplements, in-house

terms

purchase order or contract are open to

a

(for instance, a

materials such

Outdoor:

are

be covered,

such as delivery charges or shipping. in

in

and any

stages,

finish

may be purchased

painted bulletins, transit, and bus shelters,

completed assignment, the cancellation

at

popularity and

sale, including those used for billboards,

delivery dates for sketch and finish, prices

art,

in

communications

counter displays, and so on. •

for the

payment

shopping

most agencies

purchase order that

details the rights purchased,

growing

Internet

relations.

Point-of-purchase: Usage includes

as well as the budget, schedule,

At the time of assignment,

is

age of the publication

of-sale trafficking,

and public

Displays, trade shows,

additional

mutually responsible •

from the

for

expanded.

is

addition to other rights and should receive

purchase of usage rights

for negotiating the

need

stipulate the

use

expand. These rights

based

portfolio

artist is selected,

artist are

if

of

artist's

buyer

who work togetherto select the artist to be used on a

number

in-house use, an

in

agreement should

Artwork for advertising agencies purchased by an

for use in a limited

As

markets.

•

must be

determine the terms of agreement are

to

in

groups. Agreements more extensive uses generally

front of small

in

generally purchased at the lowest rates

the advertising market, since the material

buyout)

in

will

[51

is is

sometimes erroneously a separate transaction.

called

a

&

pricing

Artists

many

should note that

and services may seek rights

who

clients

high-exposure

artwork for

their

Brokers

products

Most brokers do not represent

purchase multiple

to

media, regions, and markets. Fees should be

connected with the product

for

of

all

all

media

the points raised

rights

artwork

may be reproduced by and the

self-promotion,

The

display the work.

may

also

artist

any use to anyone

The

else.

artist

may

authorship rights and

The

rights after 35 years.

the

work or use

the original art

it

is

The

may

is

working

formalized artist/agent agreement, artists

above that

and keep the difference

price

reclaim these

may

display

Packagers

who work

Packagers,

different things to different people.

at

all

lead

art,

cost. (For a

Chapter

2,

recommends

to publishers for execution or

artist's

rights sold

Working with

artist's

Illustrators, textile

of

if

with

and

all

illustrators,

designers,

the packager were a publisher. Because

the

small

relatively

with publishers, the importance of a written

agreement cannot be overemphasized.

representatives

Some

artists are as

adept

researching

new

their

own

an ideal world,

best thing

is

at solving visual

problems as they are

markets, coordinating

skilled at solving visual

directory

would only concentrate on creating

having a representative or agent

resources seeking work for representing an in

better terms

who

are

problems than

at

at

ads,

rights.

marketing or

talent.

artists

artists.

artist's interests,

who spends

Professional

are often

and higher fees than

artists

their art.

representatives,

more adept

The next

time, energy,

and

skilled

at

at negotiations, resulting

could secure on their own. For artists

comfortable delegating business tasks, a professional agent can

contribute thousands of dollars creative time to the artist. This

in

weak

compared

designers, and other creatives need to connect effectively with

But others are more

In

and

size

designing and following up on promotions, and negotiating contracts and

promoting

and

negotiations should be handled

financial strength of packagers as

business,

their markets.

manufacture the

any agreement.

explicitly stated in

soliciting

as

The Guild

original art

be

contract writers,

in

usage

that specific

of a

to the publisher. Just like a publisher, packagers

thorough discussion

and the status of ownership of the

book

books themselves and deliver bound volumes

which should be

Legal Rights and Issues.)

in

components

the

It

to

of this point, see the Copyright section

predominantly all

and either present the finished concept

project

refers to sale of the

it

copyright to a work of

avoided

can

— most often to an

disadvantage. Often

they consider adequate

a price

not

a separate transaction.

misunderstandings

before

the absence of

In

as a commission.

artist

that

conditions

artist retains

for self-promotion. Sale of

imprecise term

an

should

for the work, leaving the broker free to negoti-

Buyout: This vague term, though widely used,

means

artist

and

publishing, coordinate •

cannot be

It

sibilities,

ate sell

apply.

to establish price, relative respon-

should establish

Exclusive unlimited rights:

of

make sure

a

retains

some

most

the sections on studios and

accepting any assignment.

the copyright. •

studios,

emphasized too strongly that the

the artist

artist

in

among

of various talents

As with

representatives would

in

standing trade custom also provides that

for

knowledge

to put together a deal.

markets for an unlimited time. Long-

all

their

talent exclu-

their contacts

projects can be quite complex, and

The purchase

Unlimited rights:

and

clients

adjusted accordingly. •

on

sively but rely instead

more

longer periods and

involving

use

ethical guidelines

additional revenue and hours of additional

arrangement

is

because representatives are compensated only

[61

very cost-effective for the

when

artist

they find work for their

1 Professional Relationships

clients;

therefore

is

it

in their interests to find

Although the agent works

the best outlets for their

artists.

for the artist, the best artist-agent relationships are

mutually beneficial partnerships. But not every situation portfolio, or

if

is

ideal.

such relationships should be

good personal

to ensure a

he or she

artist feels that

on receiving commissions

insisting

whose

an

If

a representative continually fails to secure

representatives

Some

evaluated.

an

agents

another while

artist

by the

directly

relationship with a buyer, at the

just

is

for

artist,

lowball fees

will

expense of the

artist

pledged to protect. Obviously, relationships with

they're

interests

work secured

for

critically

work

who engage

in

questionable practices should be avoided.

that

In

any agent may be worse than having no agent.

case, having

Finding a suitable representative Representatives

who

handle

number

a

of artists

concentrate on

often

a

some may represent artists with a others may concentrate on humorous

particular style or market. For example,

highly realistic, painterly style, while

work.

Some

representatives have cultivated strong contacts

others have an extensive network

need to research which representatives are able an

artist

in

advertising, while

the editorial or children's book market. Artists

in

When

to best serve their needs.

thinks his or her career has reached the point

where

would benefit

it

from professional representation, the following should be considered: •

Be objective about your talent and

stature.

representing highly marketable talent

new

time to cold-call

•

is

has a style that

artist

Identify

market

unknown. But there are exceptions

untried and

would

style

Although an

representative,

it

is

interested in risking time and resources

A

if

be

wasting

Someone with a

time

her

represents predominantly painterly styles. Similarly, suited for the editorial or

work and

frank appraisal of one's

necessary to make the best match with a rep.

humorous

clients.

a

in

longer has

the

will sell.

and target your market.

is

interested

is

who no

artist

from the services of

most agents would be

on someone who

reputable agent

up with existing

clients or follow

entry-level artist could benefit

unlikely that

A

— a successful

book cover market, pursuing

one's work

if

who

agent

an

with

target

sketchy,

is

best

a representative with a

strong agency clientele would not be very productive, though reps

will,

on

occasion, seek out artists with strong potential to cross over into other

markets. artist,

In

other cases a rep with only one fashion illustrator

should opportunities

the rep has contacts

work and the

who •

in

direction

will

in

children's

book

artists.

which you want to go

Having is

push

for that

needs to make sure

that market. Opportunities will rarely

among

fashion illustrator

arise, but the fashion illustrator

come up

a clear vision of

essential.

You need

for a

your a rep

shares that vision and wants to pursue that direction.

Seek aesthetic compatibility. An

artist

needs to know that

well with the other artists represented. Even

compete with other sufficient

there's

A good

no

work

artists in a

available.

is

possibility of

place to

representatives

is

if

an

his or her

artist

artist

competing with

may

unless

deliberately select a rep

where

artists

who have

similar styles.

research the talent and clients handled in

by particular

the major sourcebooks and talent directories

[71

fits

artist

group, a good rep won't sign an

Or an

work

might seem to

(for further

pricing

&

ethical guidelines

information, see the Sources of Talent section later

Showcase, The Black Book, The Graphic

many pages

RSVP, The Workbook, and others display placed,

whole or

in

part,

in

easily determine with

by

American

chapter).

in this

Artists Guild Directory of Illustration,

of advertising that are

representatives. Interested artists can

artist's

which representatives they are most

likely to

Similarly,

fit.

agents looking to represent additional talent often use these books to locate suitable unrepresented artists.

The

artist

should then contact the representatives to see

seeing samples of his or her work. that published

work

is

If

an

up

artist feels

own

they are interested it's

in

important to note

impressions; as the rep impresses the

first

impress prospective

will

if

sending samples,

not necessarily as important as imaginative work. Artists

should always trust their so he or she

When

compatible with an agent and the agent

a partnership, references

artist,

clients.

is

interested

setting

in

should be checked. Every business professional

entering into a long-term relationship with another professional should always

check references. The best place to

start

is

by talking with

with

artists currently

the rep, as well as with those formerly represented. Talking to other artists

is

the

way to find out who's great and who's not even good among the sizable number of representatives working in the industry. If an artist has difficulty locating certain artists, the Guild may be able to help locate them. best

Among

the questions that should be answered are:

representative

generate over the year?

individually or as a group?

Was the

How much work

did the

agent promotes

artists

Did the

Were

relationship productive for both parties?

payments received promptly? Did the representative pay an equitable share advertising and promotional expenses?

What

commitments

financial

have to carry?

How were

promotional costs did the

artist

resolved?

was terminated, why and on what terms?

the relationship

If

who have worked

Talking with clients

reasonable to ask a prospective rep for

with the rep

clients' direct

is

of

for yearly

disputes,

any,

if

another option.

It's

phone numbers; how the

rep responds will provide clues to the rep's business ethics. Another helpful practice

and

visiting the agent's office to

is

artists'

in

They can obligate the

but only

artist legally,

the artist/representative contract. Therefore

all

needed, and confirmed

in

writing. Artists should

and make certain the terms are Artist/Agent in

Agreement and Chapter

casual relationship

very

least, sign a

is

13,

•

clearly

artists

they

matters agreed to

a

in detail,

negotiated as

lawyer read any contract

understood before signing. The Guild's

Surface/Textile Designer-Agent

preferred, the Guild

memo

have

in

Agreement can

Standard Contracts and Business Tools.

recommends

If

a

more

that both parties, at the

that spells out each person's responsibilities.

The most important issues agreement

portfolios

terms and conditions of

artist/representative arrangements should be discussed

be found

how

have the authority to act on behalf of the

Artists' representatives

represent.

see the physical layout,

samples are handled, and what business procedures are used.

to

be considered when negotiating an artist/agent

are:

Commissions and percent for

all

fees: Traditionally, artists

pay reps a commission of 25 to 35

jobs executed, excluding expenses. The majority pay 25

[8]

Professional Relationships

I

percent, with artists outside the United States paying the higher rate. Textile

design commissions have historically ranged from 25 to 50 percent of the fees

Expenses not

paid, excluding expenses.

subtracted from a

flat

fee before the

billable to the client are generally

commission

is

computed. Expenses

billed

on an invoice are normally reimbursed to the

to the client as line items

one who incurred the expenses and are paid separately from any commission. concerning stock and reuse sales should be discussed and

Policies

negotiated

in detail.

House accounts: Ongoing

clients the artist contacted

getting a rep are called "house accounts."

Most

and developed before

artists

do not pay commis-

sions on house accounts that they service themselves, and they generally pay

commission on house accounts the rep

a lower

occur

when

agreement

after a rep

a rep

if

services.

A

problem may

the artist initiates contact with a client, but no jobs appear until is

may

signed. Artists

quickly

become

they have to pay commissions on accounts they

To avoid this problem, the

artist

from such

that materializes

dissatisfied with

feel

they cultivated.

and rep should negotiate up front how work

clients will

be handled.

Exclusivity or nonexclusivity: Reps usually expect an exclusive arrangement

with an

artist at least for

who work may continue to work directly

North American markets. However, reps

exclusively with artists often agree that the artist

with any previously established house accounts. In

one kind

work

in

all

of nonexclusive relationship, artists are free to

promote

markets, even those handled by the representative.

In

their

another

nonexclusive arrangement, representatives handle only certain markets, such as advertising or publishing, or certain geographic areas, and artists retain the

promote

right to

account

is

their

when an

art

work

in

with one rep and doesn't want to Exclusivity or nonexclusivity feel

that

all

their

work

is

will

What needs

other areas.

director who changes call

to be taken into

jobs has a personal relationship

another one.

a crucial issue in

be marketed

any contract, since

artists

must

the best possible manner.

in

ask for exclusive contracts should be willing to identify

Representatives

who

the other artists

whom

they represent, so

be competing against other

artists

in

artists

can ascertain that they won't

the group or lose jobs that might

otherwise go to them. Artists who accept a rep's demand for exclusivity may wish to consider negotiating exclusivity for their particular style or genre within a rep's group. Countless artist/rep arrangements are possible and negotiable, given the potential for mutual benefit for both parties.

Expenses: While

all

expenses are negotiable,

artists are generally

for those related to their art, including the duplication of

responsible

chromes and other

The rep provides the portfolio, but the artist retains ownership of the material in it. Any agreement should state that these pieces remain the property of the artist and that they will be returned to the artist display

material.

upon termination

of the relationship.

Reps are generally responsible

for their selling

expenses

like

phone

calls,

Directory overnight deliveries, messengers, insurance, and entertaining clients. in the same split generally are expenses advertising and direct mail promotion ratio as

commissions, with the rep paying 25 to 35 percent. However,

[9]

artists

pricing

&

ethical guidelines

should pay only their share of actual costs, not published should expect that any savings from discounted page other expenses

artists'

authorization ahead of time for any expenses the

obligated to pay, such as costs for directories,

promotional mailings. These expenses should be never deducted from

artists,

between

strictly

Web

and

sites,

billed separately to the

monetary transactions

artists' fees. In fact, all

and rep should be kept

artist

printing, or

be passed along to them.

will

Reps should get the artists are

Artists

rates.

rates,

separate.

If

they aren't, that's

cause for concern. procedures: Whether

Billing

billing will billing

obligated to send the other copies of

is

invoices.

wiser for the agent or the

is

it

If

a

purchase order does not

exist, a

be supplied. One practical benefit of handling the

is

this

copy of the canceled check should procedure

the rep handles billing,

his or her job to maintain

it's

that

if

the person

all

billing

and the

a sure sign of a problem,

is

an up-to-date record

about their finances.

artists

not keeping an artist regularly informed about

transactions, that

is

owed.

keeping and reporting system to inform is

purchase orders and

all

declares bankruptcy, or reorganizes, the other party

billing dies,

has proof of what If

handle

artist to

depend on the negotiated agreement. Whichever party handles

artist

a rep

If

and payment

move

should

quickly to terminate the relationship.

not just the rep's responsibility. The Guild

However, accurate record keeping

is

recommends

complete records of

any

that artists maintain

timely

is in

the

paperwork and

log

best interests.

artist's

Timely payment:

all

Keeping on top of finances and making sure payments are

oral decisions.

If

artists believe that

payments are taking longer than they

may request that the rep copy all incoming checks so they may dates when they were mailed. If the rep refuses, artists may request

should, they

see the that

all

payments go

directly to

them.

Finder's fee: Occasionally, a special opportunity

agent or broker, even though artist

and agent.

a

is

presented to an

by an

artist

formal relationship does not exist between the

Traditionally, in

such special circumstances,

it's

not unusual

for the agent to receive a finder's fee of 10 percent of the negotiated fee or

advance. Because no formal relationship exists, this

and

should further

work be assigned by that

would be due. Very occasionally, an

client,

artist will

artists

and

reps.

jobs for what

in

seems

to

them

more work. The rep and the

why

more on

the best of relationships, differences

Reps may become

paying commissions to reps

find out

usually a one-time fee,

ask a rep to negotiate a

deal that the artist has secured for 10 percent or Differences: Even

is

no additional commissions

the work

is

to

who

difficult

a one-time basis.

may arise between who refuse good Artists may resent

dissatisfied with artists

be no apparent reason.

they feel aren't doing enough to generate

artist

must

clearly express their concerns

not coming. Perhaps the rep needs to try a

marketing approach, or the

artist

needs to develop

relationship can't be remedied, the artist case, they need to terminate their

may need

10

]

new

style.

If

the

a different rep. In that

agreement amicably.

[

a

and

new

—

I

Termination: This

is

a sensitive area for

Professional Relationships

both

and agent. Each party should

artist

may

be able to terminate on 30 days' written notice. However, an agent receive

commissions

after the termination date

from an account developed by the agent

months

usually three

an

after termination

months

is

an agreed-upon period of time

after the termination date.

more than

for

artist

for

on work that was generated

months, the

six

often increased by

an agent has represented

six

each additional

for

two years

months

commissions

receive

to

one month

of representation. For example, after

agent would receive commissions for

If

right

six

of representation, the

after termination. Royalty

compensation on assignments contracted during the association continues until

the client ceases

The circumstances

in

payment on those each case

differ,

projects.

but artists rarely agree to give agents

commissions on assignments obtained more than effective termination date.

Of course,

if

an agent

months

six

after the

entitled to receive a

is

commission on an assignment obtained within the agreed-upon time, even it

if

was

not started until after the end of the termination period,

the client's

payment

may All

to a

is

if

due even

arrives after that time. However, this right should

not apply to house accounts.

commissions

it

former

If

an

artist

doesn't want to continue to pay

lump sum settlement may be preferable and

rep, a

be negotiated based on the previous year's earnings.

termination terms should be agreed upon at the beginning of a relationship.

Most agents do not show requests

specifically

artist

artists'

work during termination periods unless an

And agents should be

it.

inquiries about the artist to the artist.

sure to forward

Agents should return

all

to the artist

all

artwork, portfolios, tearsheets, promotions, and any other imagery created solely by the artist at the

Bankruptcy: Very not pay

end of the 30-day termination period,

rarely, a rep

artists' fees.

if

not sooner.

has been known to declare bankruptcy and

The best way

for artists to prevent that

is

to be sure

the artist/agent contract contains a clause that prohibits the agent from

commingling the

artists'

fees with the agent's income and expenses.

should and should not do

the worst happens:

Here are a few things an

artist

•An

proof of claim with the court. This form

artist

may

file a

if

is

usually

attached to the notice of the bankruptcy case mailed to creditors (or it can be obtained from a bankruptcy lawyer). This places the debtor on formal notice of the of

amount claimed to be owed, and are made to creditors.

Depending on the amount of money a

will

give the artist a share

whatever payments

group of similarly affected

artists,

at stake,

an

artist

may, singly or with

consult a bankruptcy lawyer,

evaluate the contractual provisions of the artist/agent the artist has any rights to payments, any possible

agreement lien

who

can

to see

rights, or

if

any

case (to possibility of personally suing the agent outside of the bankruptcy

do the

last,

one has

in to get the permission of the bankruptcy court

is

referred to as "dischargeability litigation").

to

make

••An

artist

a client.

The

artist

may

what

even be able

a claim against the bank.

should not

directly try to collect his or her portion of a fee

Once bankruptcy has been declared, an estate

[11]

is

from

created which

&

pricing

includes

all

the property

ethical guidelines

which the agent has an

in

bankruptcy petition operates as an automatic artist

from trying to

bar the

artist

from trying to

collect

from the

whose money

Chapter 7 bankruptcy cases,

In

make

the estate to cash and

a

legally bars the

from the bankrupt agent, and may even

collect a debt

responsibility to decide

interest. Therefore, a

which

stay,

client.

the bankruptcy court's

It's

whose.

is

bankruptcy trustee

distributions.

is

appointed to reduce

the artist goes to a client and

If

asks for his or her portion of the fee, the bankruptcy trustee can go to the court and argue that the artist has violated the automatic stay by

money owed

collecting

to the bankruptcy estate.

money and

he gets to keep the

artist's favor,

rules in the trustee's favor, the artist has to

be

liable for a significant additional

automatic

be a

• An

risk

the court rules If

the

in

the court

hand over the money and may

sum

knowing

for

The trustee may not contest the

stay.

If

the trustee loses.

violation of the

matter, but that

may

not

the artist wants to take.

should not

artist

file

a claim in small-claims court

because that also

violates the automatic stay. (Any action in violation of the automatic

stay

is

legally

considered a

bankruptcy or

contempt

not.)

of court

is

artist

when

the agent

Legally, the rep

it

(for

for the artist

the artist and the rep are

would not be

and

most

in

the

letter

in

the

may

not be able to

a

good

idea.

practical,

win-win model

is

that

two independent businesses working together

symbiotically so that both businesses grow.

reputation

A

obligated to protect and promote the

is

improve both businesses. The best scenario

It's

and agent

reasons that are too complex to discuss here),

a letter to clients

works

succeed.

artist

bankruptcy.

won't resolve the collection issues discussed above).

client's interests. Yet, legalities aside, the

artist

files for

a Chapter 11 bankruptcy case, however, the artist

which case

which could

informing clients of the severed relationship would be

terminate the contract

an

legal sanctions,

Chapter 7 bankruptcy case, the contract between the

appropriate (though

in

violation of a stay could be considered

case.

artist's

automatically terminated

from the

In

whether the person knows about the

nullity,

knowing

and subject the violator to

be damaging to the ••• In a

A

is

It's

artist's interests to

a rep

in

and an

artist

to

who work

the rep's best interests to see

help establish his or her rep's

field.

Working with Graphic Designers Graphic designers are hired to communicate ideas. Whether they design books or billboards,

movie posters or television graphics, corporate client's

message and, by

identity

programs or Web

sites,

selecting a combination of type, color, imagery,

designers take the

and texture (which

is

often contributed by printing techniques), transform the content into an informative, persuasive

piece of visual communication.

To be

effective, graphic

management

skills to

execute projects

designers need to combine aesthetic and strategic judgment with project

create effective, timely marketing strategies for their clients.

at the client's request, taking the client's

selling tool, product,

Most often they

need and formulating an

effective

promotion piece, or strategy to meet a specific objective. Sometimes they

[

12

]

Professional Relationships

I

collaborate with market researchers and public relations specialists to help formulate design

concepts. Often they are called upon to advise clients on what they should be doing, diverting

them from

approach to

a tried-and-true

Graphic designers have to play

more daring one.

a

a multitude of roles

when working

with clients, including acting

as consultants, teachers, and even shepherds. Often client's questions provide opportunities for

designers to help clients understand

how

best to present and promote themselves, which

purpose of a consistent, imaginative corporate identity program, Although one typically thinks of graphic design as of the curve

and consider how

dimensions as well as applications are 8,

Web

in

in

(For

Digital

Such repurposing

more discussion Media

work on the World Wide

of design

essential today

is

Web

or

when

Client relationships

tremendous influence on

a

image, service, or product, most businesses consider

it

a

a

company's

necessary component

of their overall business strategy. Clients hire graphic designers to develop

and provide

a

marketing approach and

communication needs and then

a

to coordinate

creative direction for their visual all

production details through

final

delivery. In providing this service, designers often coordinate their art direction

and design services with copywriters,

and

bill

illustrators,

photographers, and printers

the client for the entire package. As professional consultants, they are

able to assess the feasibility of a project based on their experience, knowledge of the market,

cons to

and available resources. However, there are many pros and

this all-inclusive practice,

vendors

bill

designer. This

made about

and designers may choose instead to have

all

the client directly.

Sometimes, though, is

clients

choose

to

develop a project and then bring

usually inefficient, since

many

delays, additional costs, and inadequate solutions.

on

a project, the

more

in

a

decisions will already have been

things requiring a designer's input, which

called in to consult

efficient

The it

is

may

lead to unnecessary

earlier that designers are

for

them

to help develop

the most effective solution for a design objective. The designer can contribute a fresh perspective, strategy, and aesthetic viewpoint that influence the project's

impact, cost-effectiveness, and success.

A

client

may

seek a long-term relationship with a graphic designer or design

firm, particularly

When

when planning

such a relationship

is

a series of projects that

envisaged, a designer

need design continuity.

may be

retained as a

consultant during the early stages of a project to help strategize, plan, schedule,

and budget. However, many design are therefore

unaware

clients

do not work with designers on

of the trade

customs and

a regular basis

and

procedures designers follow. To

find a designer, a prospective client should ask friends, business colleagues,

and

graphics industry professionals (such as illustrators, photographers, or printers) to

recommend design

you admire, find out

firms and study examples of their work.

who

If

you see pieces

designed them and investigate their professional

background. Be sure to inquire about the designer's specialties, reputation, dependability, and working relationships.

[

13

the

in

three

multiple

of designing for electronic media, see Chapter

Practices.)

Because graphic design exerts such

is

example.

today's designers often need to be ahead

their design solution will

print.

demand.

Design and Other

print,

for

]

Then

invite

designers to bring

in a

pricing

range of work

&

ethical guidelines

a variety of budget categories to provide an overview of their

in

capabilities as well as anything that

may

be relevant to the anticipated project.

In

addition to the client listening, questioning, and knowing

in

a design firm,

some

may

factors that

what

to look for

affect a client's decision to hire a

designer include: •

may be

Talent/expertise: Talent clients

who

difficult to define, especially for

must often judge design

Clients

corporate

on measurable standards when conducting business.

to rely

like

based on such intangibles as

talent

perceptions of the designer's presentation and the designer's ability to

communicate an understanding

effectively

and objectives.

of the client's needs

Standard measurements of talent/expertise are based on evaluation of the firm's portfolio, references,

needs to assess well as

and design proposal (described below). The

he or she used type,

if

and imagery

color, paper, ink,

effectively for the

message and the intended audience. Does the work command and have impact? Does

ways

innovative •

Chemistry:

client

the designer developed an idea or concept successfully as

if

fulfill its

it

attention

function and purpose? Did the designer find

unique problems?

to solve

any creative process, personalities count, and being able

In

communicate

easily

essential. Clients

is

need to establish

to

a comfortable

working rapport with designers. •

Reputation:

It

may

if

designers

they have been team players, delivered on time,

stuck to the budget, and paid their •

whom

be prudent to interview clients or vendors

have worked with to see

bills in full.

necessary, run a credit check.

If

Capacity: The scope and scale of the client's project, and/or the design firm's

accommodate

capability to

a client's special needs, often dictate the choice of

the design firm. •

makes proximity

Location: While today's electronic technology less

and

important,

less

communication.

A

geographic closeness

face-to-face relationship

may

may

to the client

facilitate

create a stronger

better

bond and

perception of involvement than one that exists only on the telephone or online. But this

distance location

is

is

certainly not true in

becoming more frequent

is

an advantage to the

all all

tnat a design firm

.

Designers are chosen to work on several ways.

in

They

request for proposal

own

their

a proposal.

.

in

either

respond to a

most

often, prepare

of a future project.

client

And

Request for proposal or design '

a client

major project, the

for

proposal

contains objectives,

all

(RFP)

the

It

it

focuses on

all

and

aspects

helps the client get bids

based on the same specifications so the

is

it

needed

able to

needs

client

or a

compare "apples and apples."

gives the designer

all

the information

to formulate an accurate estimate

and

brief

proposal

Many times when

a greattool for client

competition with other

design firms.

a

is

projects

that are

proposal

needs to create and submit

The RFP

designer alike because

or,

the designer's

if

client.

Biddinq on a project _

cases, and conducting business at a

the time, especially

a

designer for 3

without endlessly questioning a

,»„^^.:„prospective

„!;,>„* client.

prepares a request

design

and specifications

However, there are drawbacks of responding to

brief that

information,

an RFR 0ne

is

for the project

know whom

tne V are competing against. Did

background

[

14

]

tnat designers generally don't

I

RFP

the potential client send the

do some

or did the client

the

RFP

client to

be resolved by asking the

easily

whom

drawback

is

Other questions: Will the designer handle printing? Are there other services that the designer must provide, such as finding writers, photographers, and illustrators? What is the

research and offer

group of three firms?

to a preselected

(This can

to 50 firms,

that

sometimes

Proposal review criteria: How will the client the designer? Will there be an interview? Should the designer include a portfolio with the proposal?

developed

a highly

choose

of the critical

phase of advising and helping to plan the client's marketing strategy.

Nevertheless,

of

receiving

Developing a design proposal

well-developed RFP

indication

usually a

is

positive

an organized client and

is

Many

a

use

proposals

writing

time-consuming process, and to

assess the prospective

it's

very

a

is

in

bidding for

own

project

interesting or lucrative

criteria

enough

and

objectives

Responsible clients communicate clearly

to

budget and deadlines and

The following headings and a typical

RFP

al-

at

the

beginning of a project any limitations such as

they

in

understand

response, and the overall effect to be achieved.

spend hours preparing the RFP.

included

to

conceptualize

so determine the target audience, desired

whether or not the

appropriate,

proposals. They

meetings and research

client's

graphic

a project,

possible directions (see pages 16-17). They

Designers

need to determine, using whatever

initial

the

often difficult

client.

they find is

times

designers develop their

time-saver for the designer.

However,

deliverable? Disk, film, or printed piece?

final

RFPs were submitted.) Another

RFP leaves the designer out

a

Professional Relationships

specifications are

all

the elements

provide, such as text, photographs,

will

artwork, or charts.

or design brief:

Background: Information about the company or organization, including its size and primary

It

is

important for both client and designer to

discuss specific directions about what

is

being

ensures that both

services or products.

bid

Audience: General information about who the target audience is (this helps convey the general scope of the project).

parties will be able to avoid surprises in the

scope and estimates of the project once the proposal

Objectives: Objectives can be as broad and

What

is

the piece to be created?

Web site,

program,

feel:

General direction about

company

positioning and

its

cutting-edge

"a

of services

design

that

who

appeals

instinct.

The value the

from the work

to

factor.

surf the Internet

develop a

time.

a specific

project

client

expects to derive

an increasingly important

company

new

Conversely, a

company (Is

provide),

identity

desiring top

program may

be willing to pay a substantially higher fee than one calculated solely on expended

Folds. Colors. Quantity. Self-mailer?

by.

is

For example, a

talent to

Specifications: Rights needed. Finished size.

to

will

budget (what can be done for the money allotted to the project), hours expended, and gut

daily" or "a down-to-earth style that appeals to college-educated women over 50."

Time frame: Goal date

(what they

value, usage, market conditions, schedule, client

target market: for example,

tech-sawy Gen-X readers

discussions, designers

initial

of factors into consideration, including scope

packaging, or other item?

Look and

accepted.

establish their fees, often taking a combination

A

identity

brochure, newsletter,

is

Based on these

general as "keeping the audience informed about our company," or it can be as specific as "get registered users of our product to order the upgrade." Vehicle:

upon. Being

specific

have printed pieces

a client

event or mailing distribution

designer

accommodation

create a

for substantially less

than the time expended. While

date being targeted?)

may

greeting card for a long-term client as

it

may

help a

designer to walk through a project step-by-step, Preliminary schedule date. art

Initial

(if

available):

Copy provided

calculating the time

concepts due. Revisions due. Final

needed

for every activity

multiplying that time by the appropriate

due.

and

rate(s),

the designer should view that information as material guideline and not discuss projected a

[

15

1

pricing

What to

Include

The proposal

ethical guidelines

Proposal

in a

reflects

&

many

of the following factors: overview, objectives,

and requirements of

and/or copy to be developed by the designer; typography and other

the project; research; art

production services, printing requirements, and intended use of the printed piece; and schedule. Additionally, designers frequently prepare tor or photographer) relationships

contract

A

is

and

documents explaining subcontractor (such as

billing

procedures. Then, after the proposal

is

illustra-

approved, a

issued that details the terms of the specific relationship.

proposal begins with an overview

— a clear and concise description of the project.

It

includes a

disclaimerthat says that any prices and fees quoted are based on rough specifications of the items listed;

if

the items change, fees will change accordingly.

Proposals,

the projects they reflect, are divided into parts. These include a description of

like

design and production; a description of fees; a payment schedule for the phases of work involved; rights,

usage terms, and conditions; and

collateral material to help sell the designer's abilities to

the client.

Defining and describing the phases for a project helps facilitate the billing process and ensures

the work will not proceed to the next phase until payment

agreed-upon schedule. These checkpoints also give

is

received according to the

clients very clear

and tangible input

appropriate times as the project develops.

&

Parts Part

phases

Design and production

1:

Phase

• •

of a proposal

1,

Design: Describes the design phase of the project

what form the design presentation

will take,

how many

fully,

including

versions

will

be

presented, the client approval process, and the time schedule for this phase.

• Phase

2,

Layout preparation: After

client

approval of the design phase,

explains the production process, including assigning illustration and/or

photography, copywriting, typesetting, proofreading, supervision of those

components, exact print/production time estimates,

•••

Phase final

client

approval sched-

and time required.

ules,

3, Final

production: After client approval of the previous phases,

production begins. Depending on the end product(s) a design firm has

been commissioned to produce,

this

phase may be

a

matter of going on

press and/or supervising the fabrication or manufacturing of products within a prescribed schedule.

If

Power Point presentations, Web

gramming them

is

Some designers may orientation;

phase a

Part

and multimedia presentations, pro-

part of this phase.

prefer to divide their process into five phases:

phase one:

phase two: design development; phase three: design execution;

four: prepress/production;

system that 2:

designers are involved with developing sites,

is

and phase

five:

on press. Feel free

to devise

the easiest and most workable for you.

Fees

may be handled in a number of ways. During the first phase, may arrange to bill on a project basis. If clients prefer to be

Fees and expenses the design office billed

on

a project basis,

they usually establish an acceptable cap on the

[

16

]

total

at

I

amount

billed.

The

project

is

outlined

Professional Relationships

in briefer

form than

for Part

1,

including

the fees required for design, copywriting, photography, illustration, and so on. It

important to explain what these fees include (design, layout, type specifi-

is

preliminary

cation,

and such). The

and supervision

latter

(typically 15 to if

25 percent), should be stated and estimates of

possible.

rough specifications and are budget estimates

More exact quotations can be furnished

time the

at the

mechanicals or comprehensives are reviewed by the Part

long-distance

direction,

supplying production prices for printing, be sure to state that these

estimates are based on only.

art

expenses, including markups for account handling

charges should be included

When

and so on) and, more

production,

overtime charges, photographic

alterations, travel,

proofreading,

what they do not include (out-of-pocket expenses, author's

importantly,

final

design

printer.

Payments

3:

Many

design projects are quoted and billed by phase, with an

fee

initial

representing 30 percent of the total estimated fee and reimbursable expenses.

An

outline of the

payment schedule should be provided.

Another method of payment increments (often called

income over

predict

a value to

4:

Rights, usage,

monthly breakdown

a

is

retainer). This

in

and

may

of the fee in equal

method allows the designer

and discourages the

a long project

each phase that

phase development Part

a

client

be misleading since few projects follow the

a strictly sequential way.

credit

Discuss usage, ownership of rights and artwork, credit interest

charged for

late

lines,

approvals,

payments, and any other terms (such as sales

or termination)

confidentiality,

to

from attaching

deemed

these items, see the standard contracts

necessary.

Chapter

in

13,

tax,

For clarification of

Standard Contracts and

Business Tools. Signature lines for both client and designer and the date that the agreement retained by is signed should follow. A signed original and a copy should be both parties. Part

5:

Collateral material

Include material that will help

sell

your

abilities to

the client. These

include background material or biographies, awards, and a clients

hours with the

and examples of work completed

client.

As

work should be judged

a rule, the designer's

for

its

value, as are the

services of an experienced consultant or advisor, rather than by the time expended, as

is

the work

may

of other

for them.

and

the

estimated

fees,

of the following

factors

(as

and

expenses,

schedules/The proposal also includes

many

necessary):

overview of the client's market, objectives

an

and

requirements of the project, research, art and other components that will be developed or

of a vendor.

Once designers assess

list

all

these variables, they

write a design proposal that spells out both

commissJoned by the designer, typography,

programming and other production

the scope of services and client responsibilities

[17

1

services,

pricing

projected printing requirements, intended use

and schedule.

of the printed piece,

designers

frequently

explaining

relationships with

(illustrators

bility

the proposal

in

in

service or responsi-

beyond the scope outlined

the design

in

(AAs) and are billable. Additional services

pro-

cedures, and contract terms.

The information supplied

important to note that any changes

proposal are considered "author's alterations"

subcontractors billing

is

ethical guidelines

requested by the client

documents

prepare

photographers),

or

It

addition,

In

&

may

include changes

in

the extent of the work,

scheduling, and

in

the complexity of elements

in

the

is

and/or changes after client approval has been

only for the design directions a ready discussed, I

and agreed upon by the

specified,

designer

at their initial

compare

often

a

client

given for a specific stage, including concept,

and

design, composition, and production of

meetings. Since clients

number

of proposals before

changes are usually

choosing a designer for the job, a proposal

They may

should be clear and thorough enough to be

uled,

and appearance of a design

organization

proposal can especially

be crucial

when

against others.

a

information

a

required

contained within

well

well

written,

it.

of

the

client

may be

by issuing timely change orders

outlining the

changes and to obtain the

approval, also

Con-

is

It

keep the

responsibility to

informed of any additional services that

job,

competing

and expertise as much as

proposals should

sequently, logically,

winning is

rate.

difficulty

causing overtime charges.

designer's

A proposal's appearance reflects

a designer's ability

the

in

design firm

an hourly

billed at

increase the

also

completing the project within the time sched-

reviewed without the designer present. The

files.

AAs can become expensive to the client because

in

client's

writing, of related additional

costs before any changes are implemented and

be organized

additional fees incurred.

designed, and

Standard contracts,

like

those

in

professionally presented.

Chapter

13,

Standard Contracts and Business Tools, do not

When

preparing a proposal for a

new

client,

provide the

it

explanatory material

detailed

helps to include collateral material such as

required

in

promotion pieces, reprints of published work,

projects.

Those proposals are much more com-

examples

prehensive than the contracts provided

of similar projects

produced by the

designer, biographies of the designer and sub-

contractors involved It

is

in

proposals for complex, multiphased

in this

book, which can, however, be used as outlines

the project, and so on.

or models.

customary for project descriptions and cost

proposals to be submitted to clients as a

Getting started

complimentary service.

Once the agreement

However, creative

—those entailing solutions to a client objective— are Any fees and expenses

is

signed, the designer

begins researching the project

proposals

in

greater depth.

Before exploring any design directions, the

billable.

incurred on a client's behalf and with the client's

designer reviews his or her findings with the

consent are

clientto

billable.

make sure they

are

in

alignment. Then,

with various design concepts If

mind, the

in

the client accepts the proposal, the terms and

designer prepares a conditions expressed

in

showing

presentation

writing are signed by

general directions and formats for the project. authorized representatives of both the client and the designer or design firm. Always least

two copies

make

Depending on the

client's

understanding between the client and the of the proposal for both client

designer, the presentation

and designer to if

needs and the

at

may be

"tight" or

retain as original signed copies

the commission

is

accepted.

When

both client and designer, a proposal

"loose." Preliminary renderings, or

"comps"

signed by is

(an abbreviation for "comprehensives"),

show

the layout of the piece and are presented

to the

legally

binding as a contract. client for approval.

Once approved

or revised

and approved, the designer begins assembling

[

18

]

—

Professional Relationships

I

the elements and services necessary to carry

payment from the

out the project within the client's agreed-on

agreements should be signed by the designer and the independent contractor.

budget and time frame. With the

client's

Employment

many

photography. Since

on

don't

buy

negotiates with individual artists on the

client's

art

it

budget.

art

assume the

In this

Designers

at the presentation or

— prompted

Artists Guild to initiate the

educate designers,

"Ask

listed in trade

magazines and the

Recruitment and search agencies (most often

resource for a firm

own

their

and

they represent an employment resource that

might not be readily available through other

talent

channels. These agencies are actually a variation

comp stage

on an employment agency. While employment

the Graphic

campaign

and other

need of specialized

in

employees. To the person seeking a position,

of

practice

First"

art directors,

art

jobs and receive

agencies place individuals

in

payment from the person

placed, recruitment

buyers to respect private intellectual property

firms are hired and paid by clients

and the copyright laws that govern

to

it.

Art or

any use, including

addition, portfolios in

good condition

task

client presentations or

comping, without the creator's permission.

must be returned

intact

is

who need

These agencies receive client,

and

their

to find the proper person. Client relation-

ships are confidential, and job descriptions need

In

not be

and

made public. They are,

to equal opportunity

(an unfortunate side effect of

misusing sample work without permission has

been damaged artwork and

specific positions.

fill

the job description from the

photography should not be copied or swiped for

that

specialize in

referred to as headhunters) are a unique talent

artists' portfolio

without permission

to

and ethics of

The increased

using images from

same way

the

in

telephone book.

whose work they

responsibility to the artists

sourcebooks

agencies are

law.

must also remember

are considering.

They operate

communications markets. Often these

visual

responsibility for educating

customs and copyright

various cities around

in

most employment agencies do but

regard, designers

the client on the intent, content,

trade

for a fee.

the designer

is

behalf and within the scope of the client's

approved often

a regular basis,

recruitment agencies

the country refer graphic designers to clients

clients

who

&

Employment agencies

specific look of the work, including the use of illustration or

Separate subcontractor

approval and/or involvement,

designer makes key decisions on the

the

client.

Recruiters often place ads

portfolios).

nonetheless, subject

employment

laws.

in local

newspapers

to advertise positions. Because the recruiting

agency's fees are paid by the client seeking an

Subcontracting

artist

Design firms,

art directors, or

who assume

creative control of a project for

a

client

often

contractors for selves. in a

position, the

other art buyers

ment

artist

who

term "fee paid"

is

in

placed

in

the

the advertise-

indicates that the job candidate has

no

independent

financial obligation to the agency. (For moreabout

work they cannot create them-

employment, see the Employment Issues section in Chapter 3, Professional Issues, and The Labor

subcontract with

Payment

is

due from these contractors

timely manner, no matter

Sources

and not by the

of Illustration

when they

&

Market section

receive

in

Chapter

4,

Technology

Issues.)

Design Talent

Several resources are available to clients and graphic artists to find and/or promote talent.

Among

the most widely

known and used

are the advertising directories. These directories

generally showcase a specific type of work, such as illustration or graphic design. Artists purchase space in a directory where they display representative work they choose and list a

contact address for either the artist or the

representative. Other annual publications are

artist's

compilations of juried shows. Directories and annuals also provide another important service:

They provide references

for the types

and

styles of

[

19

1

work being done

in

the

field.

&

pricing

Among

best-known national directories

the

Showcase, The Black Book, Chicago of Illustration,

shows

juried

New

and The Society of

Illustrators

Print Regional Annual,

shows

American

are

illustration

Artists Guild Directory

The Workbook. Directories of Art Directors Annual,

Illustration,

The AIGA Annual, Art

for design

Communication Arts Design Annual, Graphis,

and The Workbook. Many publications sponsor

juried

areas of special interest such as dimensional illustration, humorous

in

and international design and

illustration, All

American

Annual and

Directors Annual, The Black Book,

for

The Graphic

Talent,

RSVP, and

York Gold,

for illustration include

ethical guidelines

illustration.

the graphic design magazines also hold yearly competitions and feature

the winners

in

special annual issues. Directories

and magazine annuals can

be purchased directly from the publishers or at most

art

supply stores and

well-stocked bookstores.

The World Wide Web

is

emerging as

a

valuable resource for viewing and

showcase

finding talent. Illustrators and graphic designers can

own Web

their

sites or

on

a site

devoted to the work of

www.designscout.com or www.ispot.com. advantage of the many marketing

It

many

behooves graphic

work on

their

such as

artists,

artists to take

by the Internet.

possibilities offered

Guild resources

Some

Graphic Artists Guild Chapters collect information on employment

possibilities available in their areas. referral services.

The National

Others offer a number of different forms of

Office provides the

arts,

staff

The Graphic

&

Marketing One

of the

Graphic

Artists Guild.)

vital,

but frequently neglected, aspects of being a graphic artist

—this applies to

—

marketing and

it's

artists

too

It's

it

as a top priority in

best to avoid the obvious dilemma:

When

it's

is

maintaining a consistent,

busy, there's no time for

it;

late.

need to show potential

advantageously to develop ongoing of work.

section of Chapter 14,

and graphic designers who function as independent contractors

steady flow of work. not,

all

more information, see the Taking Action

self-promotion. Every graphic artist needs to see

it's

in

Self-Promotion

most

illustrators

when

weekly

a

ranging from independent contractor to part-time, long-term, and full-time positions. (For

all

JobLine News,

areas of the graphic

national newsletter listing job opportunities

clients

what they're doing and position themselves

client relationships or to get

Promotion also enhances the studio's image or

identity.

It

more work

shows

or a better type

a creator's thinking: his

or her ability to innovate, attract attention, and articulate a unique style or approach. To be effective, graphic artists

to

make

a

need to schedule promotions

memorable statement

illustration or a press release

at least

once

a year.

about the latest award

Web

reminder. Including an enticing reference to a

An

essential aspect of

updating

it

at least

once

good marketing a

year to keep

it

is

at

key intervals throughout the year. Or try

Even sending out in a

site is

doubly

artists

helpful.

compiling and maintaining a

list

of contacts and

fresh and relevant. Lists targeted to particular industries

can be purchased, or you can ask for referrals from current suppliers, or

a tearsheet with a recent

trade magazine annual acts as a timely

clients,

business acquaintances,

generous colleagues. Marketing consultants are also available who can help graphic

develop

lists

and devise mailings based on what's worked

[

20

]

for other clients in the past.

I

Keys to successful marketing include establishing clients

you want

work

to

with,

Professional Relationships

a clear identity for a studio or firm, targeting

and routinely reminding prospective

clients of

your services

through ongoing promotion. •

may be •

a clear identity for

management

useful to hire a

what

to do,

your studio or

interests

firm.

If

you most, and what you

you have trouble doing

that,

it

consultant to help you devise a marketing plan.

Target clientele: Defining the kind of clients you want and then creating a market strategy is critical. If

you want

research areas to •

work you want

Identity: Pinpointing the kind of

do best helps define

to

develop new business

in

a particular area like banking or health care,

those organizations that might need your services and send direct mailings

in

them.

Ongoing promotion: Staying on the like

client's radar

sending out cold mailings or making cold

business. However, do

them only

if

calls,

screen

is vital.

Though most people

don't

they are traditional ways of attracting

you enjoy doing them; otherwise, they may be

a

new

waste

of time. It

may

help to think of your career as a long-term promotion or identity campaign.

a building process.

should pay

off,

lets clients

It

know you have

longevity and staying power.

but you have to be willing to invest both time and

you do, make sure you get noticed. The

of promotion

first rule

books about marketing and self-promotion, see Chapter

15,

money to make

is

If

it

It's

you

actually

persist,

it

work. Whatever

to get the client's attention. (For

Resources and References.)

Ethical Standards

The Graphic

Artists Guild, established

support, and foster ethical standards is

accomplished through Guild

organizations,

and through

help

members

commonly accepted

dealings between graphic

ethical standards,

The Code The

and

and

art

buyers. This related

on

activity

state,

local,

and

federal

levels.

has a Grievance Committee that addresses issues of professional resolve disputes with clients over violations of agreements and

in

the

As with

other Guild programs, these committees draw

all

field, track

see Chapter

intention of the

practices

constitution to monitor,

part of

industry standards, and publicize any changes

14,

more information about the

The Graphic

of Fair Practice for the graphic

existing law

its

artists

As

the field that affect contracts and trade practices. (For

promoting

mandated by

artists, is

programs for members, through cooperation with

trade standards.

from members' experiences

in all

legislative

this responsibility, the Guild

relations to

by graphic

Code

tradition

Artists Guild.)

communications industry

of Fair Practice, drafted

and to help define an

and professional conduct

Designed to promote equity

in

for those

in

1948,

was

to

uphold

ethical standard for business

the graphic communications industry.

engaged

in

creating, selling, buying,

using graphics, the code has been used successfully since

its

and

formulation by

thousands of industry professionals to create equitable business relationships. It has also been used to educate those entering the profession about accepted codes of behavior.

negative)

The ramifications

must be

for the voluntary

of a professional's behavior (both positive

and

carefully considered.

Though the code does provide guidelines

conduct of people

the industry, which

in

may be

modified by

for written agreement between the parties, each artist should individually decide, free provide competitions, design or contests instance, whether to enter art

services,

work on speculation,

independently decide

how

or

a contingent basis.

work on

to price work.

[

21

1

Each

in

Guild's history of

artist

should

&

pricing

After the Joint Ethics Committee,

disbanded

in

which

ethical guidelines

and sponsored the code, was

initiated

the late 1990s, the Guild convened a working committee to revive

and update the code so that

it

would address new technologies,

legislation,

and

industry practices. While the only other industry groups beside the Guild to

endorse the revised code as of March 2001 when Advertising Photographers of

New

this

book went

York (APNY), the Society of

to press are the Illustrators,

and

the Society of Photographers and Artists Representatives (SPAR), an ongoing effort

is

As used

being in

made

to publicize the

the following text, the

creative people

and

new code and win wider endorsement.

word

should be understood to include

"artist"

their representatives in

such

fields of visual

communications

as illustration, graphic design, photography, film, and television.

The Code ARTICLE

breach of contract by the artist. Should the agreed timetable be delayed due to the buyer's failure, the artist should endeavor to adhere as closely as possible to the original schedule as

of Fair Practice

1.

Negotiations between an

artist

or

representative and a client shall be conducted only through an authorized buyer.

the

artist's

ARTICLE artist

2.

or

other

Orders or agreements between an representative and buyer

permit.

9. [new] Whenever practical, the buyer of art-work shall provide the artist with samples of the reproduced artwork for self-promotion purposes.

ARTICLE

artist's

writing and shall include the which are being transferred, the specific fee arrangement agreed to by the parties, delivery date, and a summarized

should be

commitments

in

specific rights

ARTICLE

There

10.

shall

rebates, discounts, gifts, or

description of the work.

be no undisclosed bonuses requested by

or given to buyers by the artist or representative.

ARTICLE

3. All

changes or additions not due to

the fault of the artist or

artist's

ARTICLE

Artwork and copyright ownership the hands of the artist unless agreed to in writing. No works shall be duplicated, archived, or scanned without the

representative

11.

should be billed to the buyer as an additional and separate charge.

are vested

ARTICLE 4. There should be no charges to the buyer for revisions or retakes made necessary by errors on the part of the artist or the artist's representative.

artist's prior

ARTICLE

ARTICLE 6.

7.

Alterations shall not be

made

specified

fail

shall

13. In

case of copyright transfers, only All

unspecified

artist. All

transactions

rights are transferred.

14. Commissioned artwork is not to be considered as "work for hire" unless agreed to in writing before work begins.

ARTICLE

with-

ARTICLE 15. When the price of work is based on limited use and later such work is used

buyer delivery. Should to keep the contract through notify the

extensively,

the

artist

shall

receive

additional payment.

ARTICLE

16. Art or

photography should not be

copied for any use, including client presentation or "comping," without the artist's prior auth-

unreasonable delay or nonconformance with agreed specifications, it will be considered a

[

and any computer file remains the

artwork,

remain vested with the be in writing.

more

the artist

Original

rights

out consulting the artist. Where alterations or retakes are necessary, the artist shall be given the opportunity of making such changes.

ARTICLE 8. The artist shall of any anticipated delay in

12.

containing original artwork, property of the artist unless it is specifically purchased. It is distinct from the purchase of any reproduction rights. All transactions shall be in writing.

Completed work shall be promptly paid for in full and the artwork shall be returned promptly to the artist. Payment due the artist shall not be contingent upon third-party approval or payment.

ARTICLE

authorization.

material object used to store a

ARTICLE 5. If work commissioned by a buyer is postponed or canceled, a "kill-fee" should be negotiated based on time allotted, effort expended, and expenses incurred. In addition, other lost work shall be considered.

ARTICLE

in

22

]

1 Professional Relationships

orization.

If

exploratory work, comprehensives, or

be shown by any other representative. Any agreement which is not intended to be exclusive

to

preliminary photographs from an assignment are

subsequently chosen for reproduction, the artist's permission shall be secured and the artist shall

should set forth the exact restrictions agreed

upon between the

parties.

receive fair additional payment.

ARTICLE 17. If exploratory work, comprehensives, or photographs are bought from an artist with the intention will

be

ARTICLE

ARTICLE

19. All published illustrations and photographs should be accompanied by a line crediting the artist by name, unless otherwise agreed to in writing.

artist's

intact.

artist's

work

authorization,

and shall be returned good condition.

artist in

the discretion of the parent organizations through their appointed representatives on the Committee. Arbitration by a designated body

be no plagiarism of

ARTICLE

shall

may be

22. If an artist is specifically requested produce any artwork during unreasonable working hours, fair additional remuneration

be binding

among the

parties,

and decisions

entered for judgment and execution.

29. Work on speculation; Contests. Artists and designers who accept speculative assignments (whether directly from a client or by entering a

ARTICLE

be paid.

ARTICLE

of an

ARTICLE 28. r Interpretation of the Code for the purposes of arbitration shall be in the hands of a body designated to resolve the dispute, and is subject to changes and additions at

to

shall

Examples

promptly to the

ARTICLE 20. The right of an illustrator to sign work and to have the signature appear in all

shall

27.

furnished to a representative or submitted to a prospective buyer shall remain the property of the artist, should not be duplicated without the

subject to negotiation.

ARTICLE 21. There any artwork.

in

Severance of an association and representative should be writing. The agreement should

any ongoing advertising or promotion. No representative should continue to show an artist's samples after the termination of an association.

ARTICLE 18. [new] Electronic rights are separate from traditional media, and shall be separately negotiated. In the absence of a total copyright transfer or a work-for-hire agreement, the right to reproduce artwork in media not yet

reproductions should remain

artist

take into consideration the length of time the parties have worked together as well as the representative's financial contribution to

be assigned to do the finished work, this shall writing at the time of placing the order.

is

26.

between

agreed to

or possibility that another artist

in

discovered

ARTICLE

23. All artwork or

photography sub-

mitted as samples to a buyer should bear the name of the artist or artists responsible for the work. An artist shall not claim authorship of

contest or competition)

another's work.

decide individually whether to enter art contests or design competitions, provide free services, work

ARTICLE

24. All

portfolios,

companies

samples,

that receive artist

etc., shall

on speculation, or work on a contingency

basis.

be responsible

B

Artwork ownership, copyright ownership, and ownership and rights transferred after January 1, 1978, are to be in

for the return of the portfolio to the artist in the

same

risk losing anticipated fees,

expenses, and the potential opportunity to pursue other, rewarding assignments. Each artist shall

condition as received.

compliance with the Federal Copyright Revision Act of 1976.

ARTICLE

25.

An

artist

entering into an agreement

S-& The original Article 28 has been deleted and replaced

with a representative for exclusive representation shall not

by

Article 29.

accept an order from nor permit work

The Graphic

Artists Guild's National Grievance

Misunderstandings and disputes as

in

the graphic communications industries,

much

due

to the nature of business interactions. However,

much

contention results from lack of awareness, or

others, are inevitable

the Guild believes that

in

Committee

standards of professional practices. Such problems, the Guild believes, can be reduced and mutually beneficial and productive business practices can be advanced through discussion and negotiation. Therefore the disregard, of

common

National Grievance Committee seeks to improve professional relations between parties. artists and buyers by fostering an ongoing dialogue with all involved

[

23

1

pricing

Through the and

fuller

activities of this

& ethical

guidelines

committee, the Guild seeks to contribute to a broader

understanding and commitment to professional standards of practice.

Both formal and informal communication between the Guild and major buyers has

One reason

existed since the Guild's inception. lines of

communication open

the Guild has been able to keep

by acknowledging the legitimate concerns of both

is

members'

sides of professional issues. However, the Guild also investigates

problems and pursues solutions on

Some

own Grievance committees

Guild Chapters have their

members

their behalf.

that assist local

resolving violations of agreements and disputes of

in

accepted trade standards and

commonly

preventing the occurrence of grievances by

in

promoting accepted business and

legal procedures.

Depending on the unique

factors of each case, the committee's assistance generally involves a

resolve the grievance through

efforts to

by both

negotiation with the client; Guild

member's

intervention with the buyer on the

behalf;

and mediating,

if

requested

at large

and may

achieve a private settlement.

parties, to

The National Grievance Committee serves Guild members also be called upon, as needed, to intervene

becomes necessary, other

action

number

These include guiding the member's

of steps, as needed, to resolve the issue.

in

a local grievance.

relevant alternatives

If

further

may be proposed by

the

committee, including arbitration, small-claims court, various collection methods, lawyer

referral, or litigation.

Collecting section

in

Chapter

(For 5,

more information on

alternatives, see the

Essential Business Practices.)

Guild Grievance committees encourage artists and art buyers of

all

disciplines to

make such information widely available and to take every opportunity to promote ethical practices. Members wishing to report unprofessional practices should forward them to their Chapter report unprofessional practices.

It's

important to

committee or to the National Grievance Committee. Grievance Committee assistance

is

available only to

members

of the Graphic Artists Guild; those

wishing assistance should contact their Guild Chapter or the National Office.

Publishing articles about ethics

The National Grievance Committee focuses

attention

on business conduct by

research into specific issues and producing articles for industry and

initiating

Guild publications. The selection of topics results both from monitoring industry

and from correspondence received by the committee.

practices

The Guild column

problems local

periodically publishes a "Graphic Artists

to

inform

in,

Guild

membership

artist/buyer practices.

newsletters,

improved terms artists.

its

for art

cites

Be Aware" or "Caveat Creator"

and acknowledge advancements or

of,

The column, which appears

individual

commissions as

in

national

and

buyers and companies that have

a matter of policy or are disrespectful of

The advances may have resulted from negotiations with the

Guild,

from communication with the Gievance Committee, or through independent efforts.

Likewise, by publicizing cases of flagrant,

unprofessional

practices,

the

repeated, or unresolved

Guild warns the graphic arts

unethical or unfair practices. At the

same

community

on notice that they can no longer take advantage

of artists with impunity.

Guild's National Office requests notification about both types of practices.

[

24

of

time, the Guild puts such practitioners

]

The

1 Professional Relationships

[

25

1

[

26

]

In writing the U.S. Constitution,

\

our nation's founders

recognized the need to stimulate the spread of learning and

the dissemination of ideas by creating protection for creators of

property.

Article

I,

empowers Congress

to

intellectual

many

This chapter discusses the Section 8

involved

in

legal aspects

doing business as a graphic

artist.

"promote the progress of science Of paramount concern

and useful

arts

by securing

protecting copyright both limited

understanding and

is

for in

the United States

times to authors and

and

internationally. But other issues like

work

inventors the exclusive right to for hire their

respective

writings

and

fair

practices are also included.

and

discoveries." This established the foundation for our copyright

laws, which

is

traded

in

acknowledge artwork as

intellectual property that

the marketplace as a valuable economic resource.

[

27

]

— &

pricing

In

today's visual

by

graphic

world, the works created

among

are

artists

most

the

powerful vehicles for communicating ideas

A

our society.

single-handedly

successful

illustration

a product.

sell

A

of

the

public

poster can single-handedly

can

The Guild monitors and influences developments, including the

local,

professionals

—

actors,

graphic artists occupy a special place

for-hire

and

enable them to attract

style

in

vision,

other

professionals,

is

ethics.

vulnerable and

requires the

maximum

locally

can continue to work without

in

constitution

Guild's

membership mandate

is

to

plus 70 years.

The

in

issues.

Its

Massachusetts,

California,

and Oregon created a wave of rights

artists'

legislation.

early

New

interest

With

Guild

involvement, Georgia passed legislation that

or competitive disadvantages. Artists

life

and nationally on these

York,

The Graphic

and

Guild has drafted model legislation and lobbied

unauthorized exploitation but also to ensure artists

rights"; discussed below);

the European standard of

artists

successes

economic

for artists; developing a

extending the copyright term to conform to

protection of our laws, not only to prevent

that

authorship

loophole of the U.S. Copyright Act,

(known as "moral

and creative input

But the work of graphic

artists'

closing the work-

national standard for artists' authorship rights

within a framework of professional standards

and

legislation

and creating tax equity

Like

graphic artists provide

their highly skilled services

federal

encourage

strengthening protections against infringement,

skill,

clients, sell

work, and earn their livelihood.

their

our

state laws to

and protect

practices

fair

rights;

economy. Their unique

and

Some

proposals concerning

include local

and use taxes;

musicians, dancers, writers, photographers

society and

initiatives

levels,

an entire initiatives

Like

and federal

state,

regulatory actions by a range of agencies.

sales

creative

a

public policy

legislative

successful

population to action.

other

contribute to

artist

successful working relationship.

successful

A move

mind.

both client and

that

in

at in

exchange, recognizing

value-for-value

a

logo can single-handedly evoke a company's

goodwill

ethical guidelines

strengthens

and

right

"promote and

artists'

protections against copy-

infringement. The

the "Ask First"

Guild

initiative,

spearheaded

organizing a coalition

maintain high professional standards of ethics

and of

and to secure the conformance

practice,

all

buyers, users, sellers, and employers to

and

policies. ..designed

to

is

accomplish these

ally

One

mandated

its

members and

practices. in

The Guild the finearts

Artists

For Tax

Equity (AFTE), a coalition representing nearly 1

its

ethical

communities by cofounding

based on the needs and desires

expressed by

to

awareness campaign

also reached out to gallery artists

ends." The organization's legislative agenda, therefore,

copyright

a

appropriate and

implement, and enforce laws

"establish,

and publishers organizations

advance

designed to educate users of images about

established standards." Further, the Guild seeks to

of creators

million

creators that successfully

lobbied

constitution-

Congress

for

exemption from an onerous tax

provision.

In

addition, Guild testimony before

goals.

of the primary goals of the Graphic Artists

both House and Senate subcommittees helped

to help buyers recognize the value

advance copyright protections and keep the

Guild

is

of graphic art to their businesses

and the

1999 hike

importance of fair and ethical relationships with graphic

artists.

an affordable

The Guild upholds the standard

A

[

in

28

1

the copyright registration fee at level.

L

&

Legal Rights

Issues

Copyright Graphic

They

depend on

livelihoods

artists'

their ability to claim authorship of the pieces they produce.

build their reputations— and therefore their ability to attract clients

the basis of past performance. Indeed, style in

artists'

careers succeed or

communicating the ideas and messages society needs

and build

because of

fail

a

career—on and

their skill

to disseminate. Artists' rights to

control the usage of their original creative art are defined primarily by copyright law, which also

provides the basis for pricing and

trade practices.

fair

Copyright law was created to extend limited monopolies that provided economic rewards and protections to artists and other creators. This encourages the dissemination of ideas, thereby

serving the public interest. The current copyright law (Copyright Act of 1976)

January

1998 the Digital Millennium Copyright Act (DMCA) was enacted;

In

Intellectual Property Organization copyright treaties.

affirms that copyright applies

recording media. The

mechanism

in

makes

bill

digital

in

The

effective

of intellectual properties attach to a digital

liability

for online service clarifies

it

providers

who

of the

in

is

that

it

and

print, film,

any copyright protection

management

document. The law also

information that

limits

infringement

unwittingly transmit material that infringes on a

and strengthens the continuing policy

more complete discussion

significant feature

a violation of U.S. law to circumvent

it

the digital environment and to remove any copyright

copyright. Finally,

implements two 1996 World

it

most

bill's

network environments as well as

owners

(For a

became

1978.

1,

DMCA,

role of the

Copyright Office.

see the Digital Millennium Copyright Act section

later in this chapter.)

A

bundle of rights

An

copyright

artist's

individual rights to

Transferring rights

rights.

An agreement to transfer any exclusive

actually a bundle of

is

These broadly include the

copy (commonly known as the

nonexclusive) rights, or to transfer

work from an

be

existing

in

writing and signed by the artist or the

artist's

agent. Those

transferred

outright or licensed separately for a specific

Nonexclusive

length of time. Fees are determined primarily

to

by the value agreed upon forthe specific

transferred orally.

rights not transferred explicitly

rights.

remain the

issue a

of

basic

work

before

(particularly

executed),

economic

is

of the

be

work

is

no signed agreement, the law of only nonexclusive

The true value

of

rights for use in that particular collective work.

to

work

the

determine has

the

that is

All

Copyright

negotiations

in

is

separate from the physical art and

sold separately. State laws

in

New

York and

California require the transfer of the original,

physical art to be

rights the client

passed

wishes to purchase.

in writing.

after successful

These laws were

lobbying by

from

insisting that transactions

transferring

only

reproduction

included the sale of the original.

29

artists to

clients

stop

[

artist.

writing to be valid.

potential

over the price of a commissioned work are initial

other rights remain vested with the

Exclusive or all-rights transfers must be

been

the length of time

Therefore,

normally based on the

may

presumes the transfer

is

plus 70 years.

client at a time,

an

granted by copyright law, currently the author's life

artist.

which can be transferred

is

difficult

considering life

rights,

more than one

where there

usage, or

of art for a fee

fairness.

work, however,

not specifically

magazines, anthologies, and encyclopedias,

ability to sell or license limited

limited rights, to a

in

For contributions to collective works such as

property of the creator.

The

rights

writing are retained by the

work. Each specific use can be transferred

Any

rights

(which are by their nature exclusive), must

"right

of reproduction"), display, distribute, perform,

or create a derivative

(but not

all

]

rights

also

pricing

may be

the

terminated by

transferring will

period beginning 35 years after execution of the

of

particularly

1978

the

law

copyright

when

important

transfers

when

successful

artists

wish to

who have regain

since

rights

transfer

or

down

their

a

grants of rights are

of termination

be

filed

is

are

to

if

for

a

to

it

logo on

created.

creates an illustration for

promotional

go back it

The

poster.

to the

must all

be

they

designer

paid

any way

in

may want

to

for

company so it

right of termination

that have

been sold as work for

has forfeited authorship it

does notapply to works

stipulate

in

such

hire (the artist

sales),

is

nor does

apply to transfers of copyright interests

through a

promotional purposes.) However, only paid to create a

the

in

be spelled out

will.

in

on uniforms and

for a particular

purpose

means

the

after the

Licensing

for a particular

artist

is

owner of the copyright for any uses not and wholly

right to

make copies

derivative

logo for

writing that the

it

must

company

for a 20-foot sculpture

still

the

licensed

of a work, display it.

it,

in

doubt,

control,

on the

business decision. Only the

what terms or length

and

it's

in

Chapter

and Business Tools.

1

rights.

Samples

and long-term licensing agreements

are provided

30

of

When

always good business to keep,

and defend copyright

of short-

Each of these

[

a

time best suit the client and the situation.

term of the license has

works from

is

individual can decide

expired. For instance, an artist can license the

make

company

company campus.

Licensing copyright rights to a client to use a

length of time

designer

cannot use the logo for other uses, such as

Licensing rights

work

for

a

if

stationery and business cards, then

made

it

wants. (The

agreement that he or she may use the logo

The

a

of the

accordingly

the rights to the

can use the design

comply with the proper procedures.

If

hired to create a logo for a

is

products and merchandise, the

its

transferring

for

artist

on the poster and pay

wants widespread use

that

all

designer

the

opportunity to reclaim rights to their creations, unless the grants otherwise terminate,

use

magazine has

company

Registering Copyright below or Chapter 15,

fail

artist

graphic designer

with, the Copyright Office. (For the

will lose

was

the artist an additional fee for that use.

and must

Copyright Office address, see the section on

Resources and References.) Artists

it

another license to use

the

detailed;

specified by,

than

rather

be able to take

will

magazine cover, but then the magazine wants

to

Copyright Office for forms and procedures. The

exact form of notice

great value

the road or any uses that were not

thought of when

approaching 35 years should contact the

formalities

license

they

rights,

For example, an

whose

may have

artists

If

advantage of any value the work may have

early work. Artists or their heirs

The market

is

become to

higher

outright and

rights to the buyer.

all

tomorrow.

licenses are for exceptionally long periods of

time and

much

be it

determine those values; what has no

particular value today

transfer. This "right of termination or reversion"

feature

may

than the value of selling

or his or her heirs during a five-year

artist

ethical guidelines

licenses has a value that

Termination of rights transfers Transfers of copyright

&

13,

Standard Contracts

Legal Rights

&

Issues

Transfer of electronic rights

A

1999 landmark legal ruling addressed the issue of electronic licensing as

applied to freelance broader;

However,

authors.

influence

its

independent creators. (See also the Legal and Ethical Issues section 4, Technology Issues.)

The

much

potentially

is

could affect the terms for electronic licensing of work by

it

in

U.S. Court of Appeals overturned a 1997 district court opinion in Tasini

New

York Times, which ruled

Newsday,

Time

a subsidiary of Times-Mirror;

Time Warner; Mead Data Central

sidiary of

MeadData; the

a subsidiary of

who owned

periodicals.

Inc.

v.

The

of publishers (including

Magazine Company,

Corp., former

owner

a sub-

of Lexis-Nexis,

Magazine Company; and University

Atlantic

Microfilms International, a division of Bell

authors

number

favor of a

in

all

Chapter

&

Howell) and against a

number

of

copyrights to individual articles previously published

in

The authors claimed infringement by the publishers and owners

of

who made

electronic databases

the articles available on electronic databases

without the authors' permission or additional compensation. The

district

court

held that the publishers were protected by the privilege of "collective works"

under Section 201(c) of the Copyright Act. The Court of Appeals Circuit reversed that ruling.

Supreme

The publishers then appealed

Court, which will decide the case

The authors based

their copyright claim

to his or her individual articles

them

the articles, provided

was

on the

infringed

2001.

fact that the copyright

when

Second

each owned

the publishers, after printing

to electronic databases without the authors' consent

The publishers

or additional payment.

Summer

in

for the

that ruling to the

did not dispute that the authors

owned

the

copyright to their individual works. Rather, the publishers asserted that they each

owned

the copyright

in

the "collective works" that they produced and were

afforded the privilege, under Section 201(c), of "reproducing and distributing" the individual works

Court of Appeals

in

"any revision of that

was whether one

more

or

collective work."

The issue

for the

of the electronic databases could be

considered a "revision" of the individual periodicals from which the

articles

were

taken, as the district court originally held.

Section 201 provides that as to "contributions to collective works (such as an article, illustration, is

or a photograph), the copyright

from the copyright

distinct

magazine or newspaper) and

is

in

in

each separate contribution

the collective work as a whole (such as a

vested

initially in

A

the author of the contribution

work

is

defined as a "work,

such as a periodical issue, anthology or encyclopedia,

in

which a number of

(the writer/photographer/illustrator)."

collective

contributions, consisting of separate and independent works

assembled

into a collective whole."

in

themselves, are

other words, there are two distinct

In

copyrights: the individual copyright of the contributors and the copyright to the collective

work

of the articles

of the publisher,

which covers the selection and arrangement

and contents but not the contents

[

31

1

itself.

pricing

The language the Court which affords

201(c),

of

in

Appeals was asked to construe

the collective work

in

the

same

The Court

is

presumed

any revision of that

of

any

Section

in

absence

rights

under

it,

the owner of

have acquired only the privilege

to

and any

collective work,

later collective

work

Appeals found that the most natural reading of the "revision" of

work" clause

that the Section 201(c) privilege protects only

is

iater editions of a particular issue of a periodical,

newspaper. The court found that

which the copyrighted

ordinary sense a "later" work

in

the

its

that

was

first

"same

Relying on the statutory definition

examples "a periodical

work

article

such as the

of a

is

final edition of a

protects the use of an

interpretation

this

individual contribution in a collective

support for

found

series."

"that collective

original in

is

and distributing the contribution as part of that particular

of reproducing collective work,

ethical guidelines

a privilege to authors of collective works: "In the

of an express transfer of the copyright or of

copyright

&

somewhat

from the

altered

published, but that

not

is

any

in

series."

work" (which

"collective

as

lists

issue, anthology, or encyclopedia"), the court

found

reading of the revision clause. While issues of periodicals are

often updated by revised editions, anthologies and encyclopedias are altered

through the release of the

same

new

a

version, which

would be

a "later collective

electronic databases are revised, digital copies of collective it

work

in

series." Therefore the court rejected the publishers' contention that

works and found that

could not be squared with basic canons of statutory construction.

The court noted this

that "there

is

no feature peculiar to the databases

appeal that would cause us to view them as 'revisions.' NEXIS

comprising thousands or millions of individually retrievable

hundreds or thousands of periodicals. of every periodical that

edition

determined that work,

is

it

if

a

is

a

is

database

articles taken

from

can hardly be deemed a 'revision' of each

The Court

contains."

it

the republication

It

at issue in

"new anthology"

of Appeals further

or a different collective

not within the privilege of Section 201(c).

Therefore, both the use of print-only articles on databases such as Lexis and the

"image-based"

representation

complete

of

pages

included

in

CD-ROM

compilations are not protected by the publishers' Section 201(c) privilege.

"new product"

is

created, for example, that does not

fall

If

a

within the narrow

definition of a revision of a compilation. To hold otherwise, the court concluded,

would create swallow the

subsume

publishers rights

that

would cause the exception

in a collective

work

that

would

to

in effect

the exclusive rights reserved to the individual contributors.

Only one author required

work

right in a collective

a

rule, giving

in

payment

the Tasini case had a written contract with his publisher that for additional

lower

uses of the

article.

the

The Court

authors

rejected

the

additional

compensation and ruled that they should be paid

articles in electronic

court's

and

digital

that

ruling

databases.

[

32

1

of

were for

all

Appeals not

due

uses of their

Z

Co pyright notice

moment

protects original artwork from the

original artwork

who may claim they

one on artwork may make

did not

means

know the work was

should

work ended

assume

safely

protected by copyright even affixed.

However,

is

it

whenever

The copyright

be placed on the back of an artwork

notice. But the bulk of the benefits the copyright

law offers to

work

is

when

formally

notice for published

works are specified

Copyright Office regulations. Pieces portfolio

an

in

published

pieces

when

the

notice

that

abbreviation

of

or the

make up the

claim to authorship and

for

first

in

court.

artist's

from

artist

and should be reflected

artist is

©Jane

in a

name

on the

known; and

valid.

it

plaintiff to

A

copyright

a license

is

in a

to

work is not being

after first

timely

this

Prima facie

court.

in

recover

on the

is

rather than

its validity,

prove that the copyright

is

that the artist

statutory

is

work within

damages

is

entitled

any

for

month grace period and,

any

course,

of

infringement that occurs after registration. Additionally,

timely registration

allows the

prevailing party to receive attorney's fees at the

may be placed

judge's

discretion.

This

whether

an

is

useful

when

infringement

is

sold, but rather

worth pursuing.

being issued forthe use of the work,

may

name

the license

The

months

infringement that occurs during the three-

for the duration of the use.

then a client only

registered any time

benefit of registering the

evaluating If

is

consider

will

the specified period

Artist 2001,

the notice should preferably

name

court

the

other party to disprove

use of the art has been temporarily

the client's

work

evidence means that the burden

of

name, an

written agreement.

be in the artist's name; however, in

a

creation to three

copyright ownership

copyright

a

artist's

publication:

client,

its

then

notice should be understood by artist and client

granted to a

As long as

publication (known as "timely registration"),

example. The form and placement of the

When

necessary

a

is

prerequisite to asserting any copyright claim in

name, or an alternate

designation by which the the year of

artworks can be

registration to be prima facie evidence of

Copyright or ©; the

are

corporation

the

record

useful

Registration establishes a public record of the

retains the copyright.

The elements

creates a

whether or not they are published.

registered,

should have copy right notices on them,

including

Copyright

with the

it

copyright

the

of

available through

still

art

for future transactions. All

artist's

placements

artists are

registering

Registration

Office.

published, adjacent to the artwork. Other

reasonable

work was

published without registration or with incorrect

notice can or,

a

if

is

display, or distributed; this helps avoid certain risks of infringement.

an improvement over previous law, when

is

best for artists to have their

he or

if

question. This

in

copyrights were lost permanently

published, placed on public

is

it

no notice

appear with

their copyright notice

work

a

if

is

created,

Protection

infringement even

she has not registered the work

March 1989,

in

is

it

notice.

that an artist retains the right to assert

a claim for copyright

protected. Since the requirement to inscribe a

copyright notice on a

from the moment

even without a copyright

vulnerable to so-called innocent infringers,

users

Issues

Current copyright law automatically "protects"

of

creation even without inscribing a copyright

notice, failing to place it

&

Registering copyright

Although current copyright law automatically

its

Legal Rights

if

client's

affix

the is

© notice in

other alternative would

is

been registered

be to

work

are considered by a court only after

infringement has been proven.

for an exclusive use.

obtain a copyright for the collective

which the licensed work

Damages

his or her

an

in

determines

contained.

[

33

1

in

infringement

If

a

work has

a timely fashion and before

has

recovery

occurred,

by

the

multiplying

court the

& ethical

pricing

number of infringements times an amount specified

by the copyright statute:

$500 and $20,000 that the court considers

Because this range

is

registration will not be considered prima facie

sum between

a

determined by the

evidence by the court. Additionally,

right to attorney's fees

the

If

copyright owner can prove to the court that

of

was willful and not inadverstatutory damages may be increased

amendment to

the

It

pursuing

an

infringement claim.

profits. After that,

also

In

the infringer must then

prove what portion of the profits are not

damages from

increases willful infringement

profits

ownership, actual damages, and the infringer's gross

to $30,000.

and statutory damages

be limited to the amount

addition, he or she will have to prove copyright

Copyright Act. This increases the statutory

damage range from $750

will

infringement. That puts a major burden on the artist

1999 Congress passed an

an

damages that can be proven: may be attributed to the

actual

whatever

to $100,000. In

Recovery

is lost.

the infringement tent, the

if

infringement occurs before registration, the

just.

statute,

these are called "statutory damages."

guidelines

attributable to the copyrighted work. Since an

$100,000 to $250,000.

artist

There are many incentives, both positive and negative, for following the

procedures and

ensuring timely registration.

If

months

registered within three

work

a

actual

when an

infringement

prudent to register

is

it

are statutory

not

is

never knows

occur,

damages

damages, they tend

to run

FORM VA REGISTRATION

EFFECTIVE DATE OF AEGiSTRATlON

L

IF

YOU NEED MORE SPACE, USE A SEPARATE CONTINUATION SHEET. NATIRL OF fHISWORK

WORK

TITLE Of THIS

\Ar^vbtS^lt^W' OR uoon appeared

j!

lifted

Title

orCoQcctix Work »

i j period*.- jl or icnal

\MF Or AIT1IOR

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ALTERNATIVE TITLES

PREVIOl'S

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Was

Author'* Nationality or Domicile

NOTE

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s

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o7l°«~"'

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VWU

DATES OF BIRTH AND DEATH

OF UT1IOR

Was

NATURE OF AtTHORSHIP

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This Author's Conlrlbutlnn lo the

t.

i-Dimrnsional sculpture

.

Technical drawing

2-L)imtnMonal artwork Reproduction of wort of an

iffiCL. APPLICATION RECEIVEO

COPYRIGHT CLAIMA

ONE DEPOSIT RECEIVED

IzV t>TKrAKTElCe>6T. kbXC>K\K

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a* apptcalM

T

34

>n

tpace

2

p-r

TWO DEPOSITS RECEIVED

*

FUNDS RECEIVED

«

[

named

]

may

Not only

easier to obtain than

of publication,

DO NOT WRITE ABOVE THIS UNE

early.

Work

much

higher.

'

-

Legal Rights

Fortunately, registration

VA (visual

arts),

relatively easy.

is

Form

work

is

both

appropriate.

is

and

art

text

submitted form should be accompanied by

predominates, Form

one copy of the work

the description

two copies

if

published, and the $30

is

it

unpublished, or

is

it

If

at

audiovisual

created, including motion pictures, then

Form PA

works, including works originally

if

may be needed

certain times by graphic artists.

by computer and multimedia. The

created

Issues

Other registration forms

and the new, easier Short Form

VA, are used to register pictorial, graphic, or sculptural

&

accompanying

in

When

an

artist

creates

work, and the text

a

TX should be used and

should indicate "text with

art." Generally,

Form TX

is

also

Tearsheets are acceptable for

used to register computer software, including

published work, though the Copyright Office

any graphics that are part of screen displays

prefers the best edition of published work.

generated by the software.

Transparencies, photographs, photocopies, and

line-by-line instructions, but these instructions

registration fee.

videotapes are acceptable for both published

must be

and unpublished work, as long as

Copyright Office.

rightable

the copy-

all

content of the artwork

is

shown.

The Copyright

Originals should never be sent to the Copyright Office

for

purposes. The

registration

should keep photocopies of

all

specifically

forms with

artist

numbered

work submitted

forms come with

requested

40, 40a, 41,

specific

may be

FORM VA

EXAMINED BV

CHECKED BY i

— CORRESPONDENCE

COPYRIGHT

1

1

Yes

OFFICE

ONLY

DO NOT WRTTE ABOVE

THIS LWE.

IF

PRE^lOl^REGlSnunONHMKparnj.lo

YOO NEED MORE SPACE, USE A SEPARATE CONTINUATION SHEET or

a carta *eruoa of as* work. alrcaiN

a* ***** (Caeca appvpruat Z b.

£ LI

Tab ts*osters f

Client annual revenues

Regional

Local

Over S500 million

58,000-516,000

54,000-58,000

$100-$500 million

57,000-514,000

53,500-57,000

$50-5100 million

56,000-512,000

53,000-56,000

S10-S50 million

55,000-510,000

52,000-55,000

S1-S10 million

52,000-57,500

51,000-53,500

Under $1

51,000-55,000

5500-52,500

million

[

175

]

pricing

The

price ranges

in

the chart on page 174

& ethical

assume

guidelines

limited use of advertising

design with up to five insertions within a specified media for one year. Surveys indicate that unlimited usage within the

by up to 75 percent; unlimited use

and

percent;

a

in

same media

generally increases fees

any media increases fees by up to 90

complete transfer of copyrights increases fees by up to 175

percent. All reimbursable out-of-pocket expenses incurred, including digital

file

preparation and/or service bureau output, are billed separately.

The

price ranges in the charts

ular jobs.

The buyer and

pendently deciding

how

above do not constitute

specific prices for partic-

seller are free to negotiate, with

to price the work, after taking

all

each designer inde-

factors into account.

Collateral Design Graphic designers kits,

and

who

specialize

direct mail packages.

in

collateral material

While

do packaging, brochures, catalogs, press

clients generally retain advertising agencies to

major campaigns for products and/or services, they often commission or

handle

retain a design firm to

furnish these pieces. Like advertising designers

whose work

is

targeted to

elicit

a specific response,

designers must have a sophisticated awareness of advertising,

collateral

marketing, and sales. They often receive art and photography from the

client,

so

Comparative Fees for Collateral Material/Promotion Usual and customary creative fees for concept and design of up to three layouts, two revisions, and each component and supervision of art or photogr aphy. Does not reflect reimbursable expenses

for

Direct mail package Client annual revenues

Complex

Simple

Over $500 million

$8,000-$27,000

$6,000-$20,000

$100-$500 million

$7,000-$22,000

$5,000-$1 5,000

$50-$100 million

$6,000-$1 8,000

$4,000-$1 2,000

$10-$50 million

$5,000-$14,000

$3,000-$9,000

$1-$10 million

$4,000-$1 2,000

$2,000-$7,000

Under $1

$2,000-$ 10,000

$1,000-$5,000

million

Press or media

(1-

or 2-color)

kit

Client annual revenues

Complex

Simple

(1-

or 2-color)

Over $500 million

$6,000-526,000

$3,500-$1 8,000

$100-$500 million

$5,000-$22,000

$2,500-$14,000

$50-$100 million

$4,000-$1 7,000

$2,000-$1 2,000

$10-$50 million

$3,000-$1 4,000

$1,700-$ 10,000

$1-$10 million

$2,000-$1 2,000

$1,200-$8,000

Under

$1,500-$1 0,000

$1,000-$8,000

$1 million

[

176

1

final

comprehensive

billed separately.

/ Graphic Design Prices

& Trade

Customs

Comparative Fees for Collateral Material/Promotion continued

&

Product

service catalog (12 pages at 81/2" X 11")

Client annual revenues

Complex

Simple

Over $500 million

$8,000-$30,000

$5,000-$23,000

$100-5500 million

$5,000-$28,000

$2,500-$1 9,000

$50-$100 million

$5,000-$25,000

$2,500-$1 6,000

$10-$50 million

$5,000-$20,000

$2,000-$14,000

$1-$10 million

$3,000-$18,000

$1,500-$1 1,000

Under $1

$2,000-$1 5,000

$1,500-$8,000

million

Brochure design 81/2"x

more

(2 or

11"

(1-

8 pages,

or 2-color)

colors) 6 panels, 4" x 9"

81/2"x 11"

Client annual revenues

16 pages,

Over $500 million

$10,000-$35,000

$8,000-$30,000

$5,000-$23,000

$100-$500 million

$8,000-$30,000

$7,500-$27,000

$3,500-$20,000

$50-$100 million

$8,000-$25,000

$7,500-$25,000

$3,500-$1 5,500

$10-$50 million

$5,000-$20,000

$5,000-$1 5,000

$3,500-$1 3,000

SI—$10 million

$3,000-$1 5,000

$2,000-$1 2,000

$1,000-$ 10,000

Under $1

$2,500-$1 5,000

$1,000-$1 0,000

$500-$5,000

million

Brochure design (one color) 81/2"x

6 panels, 4" x 9"

11"

Client annual revenues

16 pages, 81/2"x 11"

8 pages,

Over $500 million

$6,000-$20,000

$5,000-$1 5,000

$4,000-$1 0,000

$100-$500 million

$5,000-$1 6,500

$4,000-$1 3,000

$3,000-$8,500

$50-$100 million

$5,000-$1 2,000

$4,000-$1 0,000

$2,000-$7,000

$10-$50 million

$4,000-$1 1,000

$2,000-$8,200

$1,500-$6,000

$1-$10 million

$3,000-$8,600

$2,000-$6,000

$1,250-$4,000

Under $1

$2,000-$ 10,400

$1,500-$6,500

$750-$3,000

B Design

million

of a basic

&© Design

it

is

package including outer envelope, personalized

letter,

of a basic kit including cover or folder, letterhead for text,

important to

know how

additional rights are needed,

brochure, reply card, and return envelope.

and formatting

for other insert material.

the rights to those visuals are transferred.

If

their transfer should be negotiated before the

design or production stages. Graphic designers traditionally

sell specific

uses to

the client—for example, first-time print runs. for the chart above do not constitute specific prices artist each with particular jobs. The buyer and seller are free to negotiate, account. independently deciding how to price the work, after taking all factors into

The

price

ranges

in

[

177

1

pricing

&

ethical guidelines

Comparative Fees for Package Design Based on concept and design, presentation of three to five layouts, finished comp, supe rvision of illustration art. Does not include any reimbursable or out-of-pocket expe ises, such as service bureau output or production expenses, which may be billed separately.

or photography, and final

Retail products (by category) consumer

Consumer

General

Specialized

Apparel

$10,000-$30,000

$15,000-$35,000

$6,000-$8,000

Domestics

$10,000-$25,000

$15,000-$30,000

$4,000-$7,000

Electronics

$10,000-$20,000

$10,000-$20,000

$6,000-$1 0,000

Food/beverages

$15,000-$30,000

$15,000-$30,000

$10,000-$20,000

$10,000-$25,000

$2,000-$6,000

test run

Footwear

$10,000-$25,000

Gifts/novelties

$10,000-$20,000

$10,000-$20,000

$5,000-$1 0,000

Home

$12,000-$25,000

$12,000-$25,000

$5,000-$ 10,000

Housewares

$6,000-$1 5,000

$10,000-$20,000

$3,000-$8,000

Toys/games

$12,000-$25,000

$12,000-$25,000

$6,000-$1 2,000

furnishings

Music/Film/Video Major distribution

Limited distribution

Re-released property

Pop/rock

$5,000-$1 0,000

$1,500-$7,500

$1,500-$2,500

Classical/jazz

$5,000-$1 0,000

$1,500-$7,500

$1,200-$2,400

Major studio release

$5,000-$1 4,000

$4,000-$1 0,000

$2,000-$5,000

Independent release

$2,500-$8,000

$1,000-$5,000

$750-$3,000

Documentary/foreign

$3,000-$8,500

$1,200-$6,000

$1,000-$3,500

TV/Cable production

$3,500-$10,000

$2,500-$7,500

$1,500-$4,000

Software/Digital

games

Major distribution

Limited distribution

Re-released property

Business software

$20,000-$30,000

$5,000-$1 2,000

$7,000-$8,500

Educational software

$15,000-$30,000

$5,000-$10,000

$5,000-$7,500

Computer/video games

$15,000-$25,000

$6,000-$1 2,000

$7,000-$1 0,000

& Based on concept and design

of enclosure, jewel case,

and

liner

notes (where applicable) for compact discs,

audiocassettes, or similar media. Presentation of three to five layouts, finished comp, supervision of illustration or

photography, and final art. Does not include any reimbursable or out-of-pocket expenses, such as service bureau output or production expenses, which may be billed separately. Based on concept and design of box enclosure,

media

and manual

comp, supervision of illustration or Does not include any reimbursable or out-of pocket expenses, such as service bureau output or production expenses, which may be billed separately. label,

photography, and

cover. Presentation of three to five layouts, finished

final art.

[

178

]

/ Graphic Design Prices

&

Trade Customs

Publication Design Publication designers create the formats and look of magazines or tabloid newspapers. These

have an

view and often contain advertising.

editorial point of

Most publication design

is

executed by designers on the publisher's

produce magazines and/or tabloids, but they are not the norm

Independent offices

staff.

may

However, there are

in this field.

many freelance or independent publication designers who may be hired to design the format for new magazine or tabloid; redesign an existing magazine or a special issue, section, or feature within a magazine; or develop a magazine prototype used by an editorial team to pitch a new a

magazine either in-house or

to a publishing

company. (Designers are

rarely called

upon

to design

or redesign a spread of a magazine.) Frequently, freelance or independent designers continue

on as consultants

number

for periodic oversight either

As "consulting

of hours per issue.

on retainer or

art director"

staff associate art directors, assistant art directors,

based on an estimated

for a fee

may work

the person

with one or

and/or designers and production

artists.

At the planning stage for each issue of the publication, the key editorial staff (most often the editor-in-chief, section editors, and key writers for the issue)

meet with

the art director and appropriate staff to hold a story and cover conference. During this session, the strategy for several issues

the current issue. this time.

A

direction

Then the

is

art director

budget constraints. That

may

is

mapped

commissions

involve locating

major focus on

out, with a

established, and concepts

may be determined

at

the issue within yearly

art for

new creative talent (illustrators and new design. Since the they have approval over dummies

photographers) whose styles are appropriate for the editors

assume

authority for the publication,

and storyboards. The publisher most often has

approval over the entire

final

package, and revisions are frequently required. Freelance designers

expected to sign

weigh

all

who

are

commissioned

to

work on publications

all-rights or work-for-hire contracts.

their options before undertaking

information, see the

Work

assignments on that

are often

may choose

Designers

basis. (For

for Hire section in Chapter 2, Legal Rights

and

to

more

Issues.)

Because logos are the anchors of most magazines, they are the anchors of most

magazine design work. Consequently, fees toward logo design since If

logo design

changing

its

is

its

for

magazine design are front-loaded

development takes place

at the

beginning of the project.

not required (an existing magazine wishes a

logo), then the design fee

Standard procedure

is

to

bill

is

the design and development fee

matter what the size or cost of the job. For larger projects, of the

payment

to be

made upon

of design comprehensives,

new

design without

weighted more toward cover design.

it

is

in

segments, no

usual for one third

signing the agreement, one third upon approval

and the

final third

within 30 days of delivery of

electronic files or printed pieces. For smaller projects,

the outset, with the balance due upon

one

half

is

customary

at

submission of final layouts. Billable

expenses and production charges are invoiced regularly (usually weekly or monthly) to help the designer manage out-of-pocket expenses.

[

179

1

more

pricing

&

ethical guidelines

Comparative Fees for Publication Design Creative design fees depend largely on the complexity of the assignment, the

number

of pages, circulation, production

needs and schedules, the client's budget, the design team, deadlines, and printing schedules. Experienced designers work collaboratively with editors/publishers in establishing creative and workable design solutions for a publication. The following data are based on normal conditions and do not reflect any reimbursable or out-of-pocket expenses.

Consumer magazine Startup Circulation

General-interest

Special-interest

Over

$50,000-$1 00,000

$30,000-$70,000

$50,000-$1 00,000

$20,000-$60,000

1

million

500,000 to

1

million

100,000 to 500,000

$30,000-$90,000

$15,000-$50,000

50,000 to 100,000

$20,000-$50,000

$10,000-$25,000

Less than 50,000

$10,000-$35,000

$7,500-$20,000

Redesign of existing format Circulation

General-interest

Special-interest

Over

$40,000-$80,000

$25,000-$50,000

$35,000-$75,000

$20,000-$50,000

1

million

500,000 to

1

million

100,000 to 500,000

$30,000-$70,000

$15,000-$45,000

50,000 to 100,000

$20,000-$45,000

$12,000-$25,000

Less than 50,000

$7,500-$1 5,000

$7,500-$15,000

Layout and execution of existing design Circulation

General-interest

Special-interest

Over

$20,000-$35,000

$20,000-$30,000

$20,000-335,000

$15,000-$25,000

1

million

500,000 to

1

million

100,000 to 500,000

$15,000-$30,000

$10,000-$20,000

50,000 to 100,000

$15,000-$30,000

$10,000-$20,000

Less than 50,000

$5,000-$1 5,000

$5,000-$1 0,000

Trade magazine Startup General-interest

Special-interest

$20,000-$75,000

$20,000-$60,000

$15,000-$75,000

$15,000-$50,000

100,000 to 500,000

$10,000-$60,000

$10,000-$35,000

50,000 to 100,000

$10,000-$50,000

$7,500-$25,000

Less than 50,000

$10,000-$30,000

$7,500-$20,000

Circulation

Over

1

million

500,000 to

1

million

Redesign of existing format Circulation

Over

1

million

500,000 to

1

million

General-interest

Special-interest

$25,000-$70,000

$20,000-$50,000

$25,000-$70,000

$20,000-$50,000

100,000 to 500,000

$20,000-560,000

$10,000-$30,000

50,000 to 100,000

$15,000-$50,000

$7,500-$20,000

Less than 50,000

$10,000-$25,000

$7,500-$1 5,000

[

180

]

/ Graphic Design Prices & Trade Customs

Comparative Fees for Publication Design continued

Trade magazine continued &

Layout

execution of existing design General-interest

Special-interest

$20,000-$40,000

$15,000-$30,000

$20,000-$40,000

$15,000-$30,000

100,000 to 500,000

$15,000-$30,000

$10,000-$20,000

50,000 to 100,000

$15,000-$30,000

$7,500-$1 5,000

Less than 50,000

$10,000-520,000

$7,500-$1 5,000

Circulation

Over

million

1

500,000 to

million

1

Corporate/ln-house Startup

1/C 64-page magazine

4/C 12-page

magazine

tabloid/newsletter

1/C 12-page tabloid/newsletter

Over 100,000

$20,000-560,000

$15,000-$35,000

55,000-520,000

$3,000-$1 5,000

50,000 to 100,000

520,000-560,000

$15,000-$35,000

55,000-515,000

$2,500-$1 2,000

25,000 to 50,000

515,000-540,000

$10,000-$30,000

53,000-510,000

$2,500-$7,500

Under 25,000

515,000-530,000

$7,500-$20,000

53,000-510,000

$2,500-$7,500

1/C 64-page magazine

4/C 12-page

magazine

tabloid/newsletter

1/C 12-page tabloid/newsletter

Over 100,000

S15,000-$30,000

$10,000-$20,000

57,500-515,000

$5,000-$1 0,000

50,000 to 100,000

$15,000-$30,000

$10,000-$20,000

55,000-512,000

$5,000-$1 0,000

25,000 to 50,000

$12,000-$25,000

$7,500-$15,000

$4,000-$8,000

$3,000-$6,500

Under 25,000

$12,000-$22,000

$7,500-$12,000

$3,000-$6,500

$3,000-$5,000

4/C 64-page magazine

1/C 64-page magazine

4/C 12-page tabloid/newsletter

1/C 12-page tabloid/newsletter

Over 100,000

$12,000-$25,000

$8,000-$1 8,000

$7,500-$1 5,000

-

50,000 to 100,000

$12,000-$25,000

$8,000-$1 8,000

$5,000-$1 2,000

$4,000-$8,000

25,000 to 50,000

$10,000-$20,000

$7,500-$1 5,000

$4,000-$7,500

$2,500-$6,000

Under 25,000

$10,000-$20,000

$6,000-$10,000

$3,000-$6,000

$2,000-$4,000

Circulation

Special issue

Section design

Over

$12,500-$25,000

$7,500-$1 5,000

4/C 64-page

Circulation

Redesign of existing format

4/C 64-page

Circulation

Layout and execution of existing design Circulation

Special one-time projects

1

million

$10,000-$20,000

$5,000-$10,000

100,000 to 500,000

$10,000-$20,000

$5,000-510,000

50,000 to 100,000

$7,500-$1 5,000

53,500-56,000

Less than 50,000

$7,500-$1 5,000

53,500-56,000

500,000 to

1

million

[

181

1

pricing

&

ethical guidelines

Fees for editorial design vary as widely as the magazines themselves. The

complexity of the work involved

is

always an element.

Some

of the other factors

affecting price are the magazine's audience (consumer, trade, or corporate/

in-house), size

(number

numerical and geographical circulation,

of pages),

production values and capacity (black-and-white versus color printing methods),

whether the publisher

is

an individual or small or large corporation, the size and

stature of the designer or design firm,

lower end of the fee range

and the urgency of the schedule. The

appropriate for a redesign that only requires the

is

designer to create one or two cover designs and a few inside spreads. requires a full-blown

might occur

in

dummy

If

the client

issue to demonstrate every possible variation that

the magazine, a proportionately higherfee

Another factor when determining fees to provide written guidelines

is

is

customarily charged.

whether the freelance design team has

and electronic templates

for the in-house art

department to use. With such factors

in

mind, current surveys indicate the fee for designing a

consumer magazine, based on concept and

small-circulation black-and-white

rough and comprehensive layouts, and

logo development,

design,

client

consultation, ranges from $10,000 to 35,000. Production of digital files and

all

reimbursable/out-of-pocket expenses incurred to produce sketches, comps, and files

are billed separately.

The

price ranges in the chart

for particular jobs.

independently deciding

Book Jacket Book

on pages 180-181 do not constitute

The buyer and

how to

specific prices

seller are free to negotiate, with

price the work, after taking

all

each designer

factors into account.

or Cover Design

jacket designers create the look of the jacket or cover of a book, or of a series of books, using

the graphic elements of typography, illustration, photography, and/or specially designed letterforms. After accepting the job, the designer

is

the flaps of the jacket or the back cover where

given

the copyright will appear,

synopsis of the book and a marketing

a brief

all

credits should be

and sales strategy. The purchase order (PO)

noted on the

or contract usually reflects terms (deadlines

outside the reproduction area.

and in

credit)

and

fees,

the jacket or cover

which are agreed upon

proof or

digital

is

overlooked.

the designer.

Book

specify on the

jacket

be agreed upon before work begins. is

flap or

given,

it

When

Many

usually appears on the back

on the back of the cover, though

varies.

other creative elements (illustration

artists

lettering)

or

If

the publisher

is

usually

be

artwork

edition sell

and

is

title.

one-time

With some unscrupulous publishers,

may

find their

work appearing on the

paperback edition years

appear on the cover, they should be

credited as well.

designers

may

reproduction rights; however, current practice

it

occasionally appears on the copyright page. If

named

prepared only for the

but

rest of

designers should

invoice that the

Copyright and credit for the designer should

file

set in type, the credits

should then be added; otherwise, they

writing by the publisher's art director and

credit

the

in

When the

jacket

preparing

[

182

]

was

after

a

hardcover

issued without receiving additional

&

/ Graphic Design Prices

Trade Customs

Comparative Fees for Book Jacket Design Usual and customary fees for a typical two- or three-color project entailing concept, design and presentation of finished front cover and spine. Includes supervision of illustration/photography, presentation of concept layout(s), and a final comprehensive. Does not include billable expenses. Rights licensed for use on first edition only.

.

Hardcover One/first concept

Additional concepts (per sketch)

Wraparound (% of

Voluntary termination

(%

fee)

of fee)

Mass market

$2,000-$3,500

$700-$ 1,000

20%

25%

Major trade

$2,000-$2,500

$700-$1,000

25%

25%

Minor trade

$1,000-52,000

$650-$1,000

25%

25%

Textbook

$1,000-52,000

$500-$800

25%

25%

Young

51,000-52,000

$500-$ 1,000

10%

10%

One/first concept

Additional concepts (per sketch)

Wraparound (% of fee)

Voluntary termination

adult

Paperback (%

of fee)

Mass market

51,500-53,500

$750-$1,500

20%

50%

Major trade

51,000-53,500

$750-$1,500

25%

33%

Minor trade

$1,000-53,500

$750-$1,500

30%

50%

Textbook

$750-$2,200

$550-$1,200

20%

33%

Young

$1,000-52,500

$750-$1,500

100%

50%

adult

payment; reputable publishers pay tional

paperback

rights.

clarify this provision

a

in

The designer may prepare anywhere from one

for addi-

comps

for presentation,

Designers should

to three sketches or

written agreement

though most publishers require only one

initial

with the publisher, as well as any additional pay-

comp. Sometimes the designer provides a

by another domestic

black-and-white or color printout of a design, and

ments

for use of the art

publisher, by

another one or two variations

book clubs or foreign publishers,

or by film, television, or other media.

If

more than three

comps

sources indicate that

The

right of the client to

the finished art

is

was

signed.

If

any other

Generally, the

comps

bill

if

all

is

as close as possible

often entail expenses. Historically, in

the sketch

in

tight all

stage

are billable to the client. Today, for instance, high-quality color prints (for example, an

other

print or a fiery)

by the designer and that

used

directly to the client.

should be returned to the designer.

[

comp

out-of-pocket expenses

they are not

should also state that

rights are reserved

original art

an

for

appearance to the finished piece. Such

rights are

reflected in writing at the time they are negotibill

customary

additional fee to be paid.

original edition for which the

appear on the designer's

The

is

additional use of

negotiated, a statement of those rights should

ated.

it

requested.

usually limited to advertising

and promoting the contract

make

may be

are required, industry

183

]

in

most comps are

Iris

billable

&

pricing

graphic processing, type, and digital output are

Unfortunately, the nature of publishing leads to a high rate of rejection of

comp

is

accepted by designers and publishers,

of

work completed

the design fee. Such costs are directly

risk

who

by the

amount

fee, reflecting the

agree to a rejection

generally billed by the designer over and above

presentations.

Current industry practices indicate that this

usual rejection fee

one

is

half the

incurred

expenses also are paid.

Once the comp executes

the finished

such

commissions

or

the

art.

when

them up

directly.

deciding

as, but not necessarily limited to,

photo-

all

not pick

on page 183

specific

prices for partic-

The buyer and

seller are free to

negotiate,

Production costs for necessities

type or hard-copy

price ranges in the chart

ular jobs.

in

(for

publisher does

the

do not constitute

illustration,

or other graphic elements used

lettering,

output)

The

approved, the designer

is

for outside services are in the

cover expenses incurred

agreed-upon

Any

design fee for an accepted job.

assumed

Current data indicate that markups

range of 15 to 25 percent. These are applied to

Recent data indicate that the

termination.

client.

and handling fees

time of the project's

at the

ethical guidelines

with

how

each

artist

independently

to price the work, after taking

factors into account.

Book Design Book designers develop the elements of typography,

and visual flow of

style

illustration,

a book's interior

by using the graphic

and photography. The function of book designers ranges

from highly creative to purely mechanical.

Basic design fee Historically, a basic fee

packager (firm that

has included an

consultation with the publisher,

initial

book

sells a finished

to a publisher), or other contractor

to discuss the project; analysis of the

manuscript or designing representative

sample pages; preparation

manuscript markup; and presentation of

completed design

of layouts or

When sample pages

(also called layouts).

typesetter (composition

are prepared by a

house or compositor), the basic fee also includes

"specing" (writing specifications or codes on the sample manuscript) and reviewing the sample pages after they have been a higher fee If

if

type composition or page layout

a publisher requests

basic design fee.

If

minor changes

prices

in

may

be

Any

The designer

entitled to

the design, revisions are included

hourly

may have

in

the

to be

rate.

many layouts show major design elements. When the

the chart below are based on the preparation of as

wishes to see highly detailed layouts,

a higher fee

additional considerations (such as the use of

usually reflected

in a

is

—either

prepare a design

usually charged.

two or more

colors) are

higher fee.

Before the designer can tackle the creative aspects of the job,

someone

is

part of the job.

billed at the designer's

as the designer feels are necessary to client

set.

major changes are requested, the design fee

renegotiated, or changes

The

in

is

the publisher or the designer brief, also

known

—to

it

is

necessary for

analyze the project and

as a design survey or design extract.

[

184

]

/ Graphic Design Prices

& Trade

Customs

Comparative Fees for Book Design Usual and customary fees for consultation with publisher, preparation of design brief, two to three concepts showing layout of major design elements including composition order, checking of galleys, page proofs, and dummying. Includes supervision of illustration/photography. Does not include billable expenses.

—

Mass market/trade Complex

Average

Simple

CD-ROM

Mass market

$10,000-$17,500

$8,000-$1 2,000

$5,000-$1 0,000

$5,000-$1 0,000

Major trade

$15,000-$25,000

$7,500-$1 5,000

$6,000-$1 3,500

$15,000-$30,000

Each additional trade in series (% of fee)

55%-85%

50%-75%

50%-75%

0%-55%

Young

$6,000-$1 0,000

$1,850-$3,500

$1,300-$2,500

$3,250-$5,000

66%-95%

50%

40%-55%

50%

adult

Each additional trade in series (% of fee)

Textbook Average^-

Simple

CD-ROM

College text

$6,500-$13,500

$4,000-$6,500

$3,000-$5,000

$3,500-$5,000

Each additional trade in series (% of fee)

55%-85%

5%-55%

5%-55%

50%

El-Hi text

$5,000-$9,000

$3,000-$5,000

$2,000-$3,500

$4,000-$4,750

Each additional trade in series (% of fee)

66%-95%

50%

50%

50%

Complex

-

books of greater "Average" includes front matter, part opening, chapter opening, and text com"Simple" prising three to six levels of heads, tabular matter, extracts, footnotes, and simple back matter. includes title page, chapter opening, double spread of text, and spreads for front matter.

"Complex" designs require

special treatment for each page, two-color basic texts, or other

complexity than average format.

The design

brief

The design

brief includes a

copy of the manuscript and/or

representative copy for sample pages and a

summary

of

a all

selection

of

typographic

problems, elements, and code or key marks; the compositor's name, method of composition, and available typefaces; and a description of the proposed physical characteristics of the gutter widths, indicate

number

whether any

book

of colors,

if

(trim size,

more than

particular visual style

is

page length, number of columns, one).

based on the publisher's preparation of the design

assignment includes

this responsibility,

[

it

185

is

1

The publisher should

desired.

The designer's

brief.

When

usually reflected

in a

also

pricing

is

the designer's

higher fee.

pricing

& ethical

guidelines

Design After the fee

is

agreed upon, the designer prepares layouts for the

of contents, chapter openings,

most or

all

and double-page spreads of the

page, table

title

text that include

typographic elements and a sample treatment of illustrations or

photographs. These examples are needed for the publisher to evaluate and

approve the design and are used as

guide

a

in

production. Designers

provide a "composition order" (comp order) for a typesetter that details

all

may type

on the layouts; sometimes publishers prepare the comp

specifications based

order based on the designer's written specifications.

Since the publisher often has established ideas of what a include and look

like,

available, and/or

sample comp orders.

comp

order should

the designer should request the publisher's guidelines,

the publisher, designers

may mark up

When

or part of the manuscript, which

all

if

written specs are not required by

may

include a bibliography, index, and other front and back matter.

may use

Publishers

book from layouts to check the

first

in-house or a compositor's production

to

page makeup.

set of

art

will

take the

be required

page proofs to make sure the compositor has followed

all

may give designers electronic files of type

design specifications. Other publishers

and

facilities to

those cases the designer

In

and have them make up the pages

electronically.

Special layout fee Technologies that generate output-ready

digital files or film are

the standard for

production. (For an in-depth discussion of this topic, refer to the Production Artist

Wave

section later in this chapter and to the

Technology tion is

Issues.)

of the Future section

in

Chapter

4,

However, a few publishers continue to use traditional produc-

methods, and current data show that

mechanical fee of $25 to $50 per hour

a

paid to cover the preparation of mechanical boards, finished art for ornaments,

maps, and other

specialties,

and

final

corrections

made by

the publisher.

Extra charges Supervision or illustrators

art direction of

an

art

program, including hiring and coordinating

or photographers, extra conference time, trips to the publisher,

and time spent doing other production work,

is

billed at

an hourly design

The cost of specially commissioned work and other supplies

is

rate.

traditionally

a billable expense.

Book design categories Some

unusual projects or books for small presses

gories. In fee.

If

such cases, designers traditionally use

the design

is

to be

may

not

fit

into the following cate-

their hourly rates as the basis for a

used for a series of books, a reuse fee should be negotiated.

Trade books •

Simple:

A straightforward book such

includes a layout showing a

title

as a novel or short book of poetry. Design

page, a chapter opening, a spread of

[

186

]

text,

& Trade

/ Graphic Design Prices

Customs

and spreads of front matter. Simple books are generally done in-house but

may be

given to a freelance designer

if

the publisher

is

small and does

not have an in-house design department. •

Average: General nonfiction, poetry, ordrama books, anthologies, or illustrated

books designed on

may

a grid system. Design

include front matter (half

copyright, dedication, acknowledgments, preface, contents,

title, title,

illustrations, introduction,

list

of

ad card), part opening, chapter opening, text with

three to six levels of heads, tabular matter, illustrations and/or photographs, extracts,

index.

and simple back matter such as bibliography and

footnotes,

The design, excluding the

front matter,

is

set in

sample pages

publisher and approved before the complete manuscript •

Complex: Workbooks, catalogs, and elaborate special treatment of each

is

books that require

art or picture

page or more complex

for the

typeset.

printing techniques. This

category also includes books with two or more colors, cookbooks, and other

books of greater complexity than the previous category. Current data indicate that designers of publishers a

flat fee.

In

determining fees. For complex designs, hourly.

all

three types of trade book projects

addition to complexity, page count a

separate page

The current range for a complex book design

is

makeup fee

project

is

bill

a criterion for is

often billed

$10,000 to $25,000.

Textbooks •

Simple: These are mostly straight text with up to three levels of heads,

simple tables, and/or •

Average: These have up to six levels of heads, tables and/or charts, extracts, footnotes, a grid

•

art.

and

illustrations,

diagrams, and/or photographs

out on

system.

Complex: These are usually foreign language texts,

laid

complicated workbooks, catalogs, or

texts, two-, three-, or four-color

illustrated

books that require

special treatment of each page.

Current data indicate that designers of publishers a

flat fee.

In

three types of textbook projects

all

addition to complexity, page count

is

bill

a criterion for

determining fees. Design fees for complex textbooks currently range from $6,500 to $13,500.

The

price ranges in the chart

jobs.

The buyer and

deciding

how

do not constitute

seller are free to negotiate, with

to price the work, after taking

all

specific prices for particular

each designer independently

factors into account.

Book Packaging Design a Occasionally a writer and book designer collaborate to create a "package" that is then sold to publisher of any publisher. Such a package includes completely finished digital files, relieving the

production responsibilities. Generally, this

way of working is most common when the idea for the who wishes to maintain control over the book.

book originates with the writer or designer

[

187

]

pricing

& Typeface

Lettering

Lettering or typography

ethical guidelines

Design

is

used for both text and headlines

and promotion, corporate

industry: advertising

&

identity,

in all

areas of the communications

packaging, and publishing.

Many

letter-

ing artists also offer graphic design services.

The computer has had

a

comp, finished

major impact on

prepared for reproduction.

art is

Sometimes, however, the

any graphic designer can

since

lettering,

client

may wish to letterer may

now manipulate and customize fonts on a computer. However, some designers still

digitize the

specialize in the field of lettering, creating

should be properly compensated upon delivery

kinds of unique headlines used

in

books, packaging, and movies.

Some do

many

be responsible only for the sketches; the

all

increasingly

lettering

the Historically,

artists

of the total

fee

designers (Increasingly,

draw sketches manually and then complete the work

and

may be drawn first and may be outlined and then

digitally. Letters

then refined; they filled in;

they

may

scanned

on

a

into a

digitally after the

computer; or they

may

on,

work

of lettering artists

illustrators.

is

of sketches.

spent on sketches digital

art.

In

among

packaging design, fees depend

other factors, whether the client

agency hired the

more common.

In

is

unusual, or

which

is

the latter case, the fee

is

artist,

usually significantly less, reflecting in-house

the terms and

input

into

the

and

design

fee for the project, a letterer prepares a sketch

reluctance to part with any

or sketches of possible solutions to a specific

fee for services than

is

agency's

the

more

of the client's

absolutely necessary.

problem. Upon acceptance of the sketches or

Calligraphy Traditionally, calligraphic letters are

formed with

a

broad-edged pen or

a brush.

Packaging, invitations, award certificates, illuminated scrolls, and hand-addressed

envelopes are some of the uses for which calligraphy addition to

its

use

longer widely used

in in

headlines

in

may

be commissioned,

in

magazines, books, and movies. While no

business applications, calligraphy

is

often prized today as

a craft or art form.

Many art,

factors affect the pricing of calligraphy, including the size of the original

the

amount

of design

and

its

complexity, intended uses and distribution,

time allowed to complete the project (rush or over a holiday), and the surface

upon which the work

will

be executed, as well as the materials involved

example, matte or glossy paper, glass or metal, use of gold surveyed calligraphers price envelope addressing by the

leaf).

line or

While

(for

many

standard three

lines (name, street address, and city-state address), they have found that

fees for certificates and illuminated scrolls are

much more

difficult to

gauge

because of the varying amount of design and color work that may be involved. All factors

must always be taken

account

into

[

finish.)

(all-rights transfers) currently cost

a design/ad

similar to that of

Upon agreement on

is

hired the artist directly, which

begin

computer and then be customized.

The work

more time

up to 50 percent or more above the original price of the

form or typeface and then be altered, either

is

have received one half

upon delivery

on completing the

less

"Buyouts"

begin with an already drawn

manually on paper or

artist

of the work.

magazines,

aspects of lettering entirely by hand,

although

work in-house, so the

188

]

when

pricing each job.

/ Graphic Design Prices & Trade Customs

Comparative Fees for Lettering

&

Calligraphy

Usual and customary creative fee; ;. Reimbursable expenses not included.

Titling

Roughs Distribution

Masthead

Film/video

Recording/cover

National

$1,000-$2,500

$1,000-$2,500

$500-$1,500

Regional

$1,000-51,500

$1,000-$1,500

$500-$1,500

Local

$750-$1,000

$750-$1,000

$500-$1,000

$500-$ 1,000

$500-$ 1,000

$500-$1,000

Corporate or

Finished

in-

house

work

Distribution

Masthead

Film/video

Recording/cover

National

$1,000-$4,700

$1,500-$5,500

$1,500-$2,700

$1,000-$3,000

$1,000-$3,000

$1,200-$ 1,700

$750-$2,750

$750-$2,500

$900-$1,200

$500-$2,400

$500-$1,700

$600-$1,200

Regional Local

Corporate or

house

in

£j Includes three :omps, one
ez ~-;z_r.

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foratermof

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MBOOKhroev.— -e:e

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benefit of the parties, their successors.

-

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without the prior written consent

disputes arising out of this

witness whereof, the parties have executed this Licensing Agreement on the day

_

a

sert to tr« Lx^nsor at tr* followjng

In

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nobces, demands, payments, royalty payments and

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Licensee agrees to keep complete and accurate books

7.

cv any

art*rator P**5***.*•*» "** *~ Ameri?" Artxtrator-S n Aa80C z. aa,a-z z-a ze "a 2- : .zz~^ »--- = •-= -->=--:----e_:e-~"a : = 2

Agreement

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harmless from and

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Licensor shal have the right to term^ate tr«

z:z

this Agreement are -:rs ; ::-:::- =

to the Licensee at

upc^Xdays'nc^ifLJcenseefaistorr^arTyrJavment ,.-e-e.z-:-a

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Licensed Products sold, the

and al deduaicre fc* freic^ volume and allowances. The first royalty statement

'*=*". z-

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in part

^te^ srrf te

prices received therefor,

rebates, returns,

by :

:-:-,-:: :r

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•

whole or

in

:'

«. AM

LJcensorwithmonti^s«ementec*acoDuntsh«^

the kinds and quantities of

:

:

the lavvs c^ ^stafey; Lx»nsee consents to junsdcbon of the

::_-;

ra

m

or recovery against the Licensor arising

suit,

^ _. ^ ^merrt

Agreement Licensee

pay Licensor a guaranteed nonrefundable -:.a-.:-5 e~.e-.-z~~

-:.;-. zz.~e-:z

5

=

of the Licensor.

the

further agrees to

---.-"

=-

-:z_ri

shall hold the Licensor

5 ""' 5S

"'

:

assigned Licensee shall pay Licensor a nonrefundable advance

rrre-

-r.

teamed to eiast betv.ee-

amountofS

=

z

zz.~ e—

-a-:e z: z- -„

The Licensee

V.:- -;--

-e

_-_

4.

;z

: _ a -,

out of the use of the Image.

-.::- ,.-re.e-

:-

:z.rs a-z

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:

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daim. demand,

z-z

-

-.=.--.

zee~ez zz-ez

-=?-

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-ez-azes

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-

against any :oss. expense, or

(

zv.-_

e

11. AJI rights not specifically transferred

-:

pay the Licensor a nonrefundable royalty of % De^e^: rjf re net sa es 0* the Licensed Products. "Net Sales* as used herein shal mean sales to customers less prepaid freight and credits for 3

-

re ~zze

::

on the Licensed

artist

u^ ^5 be^ efforts to p«x>mote, cfemfcKjte, and

:e;ez

_

^.-

-

2 _:f->:-

re

200

;-

-

:

(TlcmBCR

[

389

]

.

.

Licensing Agreement (Long Form) Remove

language

all

in italics

before using this form.

FRONT Licensor's Letterhead

1.

Grant of License

Agreement made

payments for all sales shall be due on the 15th end of each calendar quarter. At that time and regardless if any Licensed Products were sold during the

B. Royalty

day of

this

day

,200

between

(the "Licensor"),

having an address

after the

preceding time period, Licensee shall furnish Licensor an itemized statement categorized by Design, showing the kinds

at

and

(address), and

Licensed Products sold and the prices and all deductions for freight, volume and allowances. The first royalty statement

quantities of

all

received therefor, (the "Licensee"),

rebates, returns,

commence

shall

located at

(address),

whereby

C.

If

on:

200

Licensor has not received the royalty

.

payment as required

Licensor grants to Licensee a license to use the designs listed

by the foregoing paragraph 3B within 21 days following

on the attached Schedules A and B (the "Designs") in accordance with the terms and conditions of this Agreement and only for the production, sale, advertising, and promotion

the end of each calendar quarter, a monthly service charge

of certain

articles

A

(the

"Licensed Products") described

of 1 1/2% shall accrue thereon and become due and owing from the date on which such royalty payment became due and owing.

in

Term and in the Territory set forth in said Schedule. Licensee shall have the right to affix the Trademarks: and Schedule

for the

4.

A.

Advances and Minimum Royalties each year of

In

this

Licensor a Guaranteed

on or to the Licensed Products and on packaging, advertising, and promotional materials sold, used, or distributed in

$

,

Agreement, Licensee agrees to pay

Minimum

in

the

shall

Nonrefundable Advance against

connection with the Licensed Products.

Royalty

of which $

royalties.

The

amount

of

be deemed a difference,

if

between the Advance and the Guaranteed Minimum Royalty shall be divided equally and paid quarterly over the term of this Agreement commencing with the quarter any,

2.

Licensor's Representation

and Credits

A. Licensor warrants that Licensor has the right to grant to the

Licensee

all

of the rights

Licensee shall have no

conveyed

right, license,

in this

beginning

Agreement. The

or permission except as

B.

herein expressly granted. All rights not specifically transferred

by the Agreement are reserved to the

this

Licensor.

The Licensee prominently shall display and identify the Licensor as the designer on each Licensed Product and on all packaging, advertising, and display and in all publicity therefor and shall have reproduced thereon (or on an approved tag or label) the following notices:

under the

"©

(Licensor's name),

The Licensed Products

shall

200

C.

portrait, or picture, in

Licensor's reputation,

right to

a dignified in

Royalties

consistent with the

of the net sales of

"Net sales"

payment

all

shall

of the 6.

is

A

defined as sales direct to customers less prepaid

if

Agreement upon the

the Licensee

and paid immediately. If the audit underpayment of 10% or more, Licensee

set forth herein

reimburse the Licensor for

all

the costs of said audit.

Quality of Licensed Products, Approval,

and Advertising

Licensee agrees that the Licensed Products shall be of the

highest standard and quality and of such style and appearance

and customary volume rebates, and allowances; the aggregate of said deductions and credits shall not exceed 3% of accrued royalties in any year. No costs incurred in the manufacture, sale, and

per

Books and Records

discloses such an

Licensed Products incorporating and embodying the Designs.

freight

of $

its representative shall have the books and records relating to the sales of the Licensed Products upon 30 days' prior written notice. Any discrepancies over 5% between the royalties received and the royalties due will be subject to the royalty

A. Licensee agrees to pay Licensor a nonrefundable royalty

%)

amount

right to inspect Licensee's

advertising or other promotional

(

the

Licensed Products. Licensor or

and Statements of Account

of

in

records relating to the sale and other distribution of each of the

materials associated with the sale of the Licensed Products. 3.

be repayable to Licensee.

Licensee agrees to keep complete and accurate books and

use the Licensor's name,

manner

shall

signing of this Agreement, Licensee shall pay Licensor

fails to pay any portion of the Guaranteed Minimum Royalty when due.

without the Licensor's express written permission.

The Licensee shall have the

Guaranteed Minimum Royalty

Advance

giving of 30 days' notice to Licensee

The name

not be co-joined with any third party's

On

.

be paid on the signing of

D. Licensor has the right to terminate this

.

5.

C.

part of the

shall

Design. This fee shall not be applied against royalties.

name

shall

No

a nonrefundable design fee

be marketed

for

name

agreement.

or the Nonrefundable

B.

All rights reserved."

200

The Nonrefundable Advance

credits for lawful

as to be best suited to their exploitation to the best advantage

actual returns,

distribution, or exploitation of the Licensed Products shall

deducted from any royalties due to Licensor. Royalties be deemed to accrue when the Licensed Products are shipped, or invoiced, whichever first occurs.

and

protection

and enhancement of the Licensed pertaining thereto. The Licensed

will

Products shall be manufactured, sold, and distributed

be

accordance with

shall

sold,

[

to the

Products and the good

390

]

all

in

applicable national, state, and local laws.

BACK

the copyrights, trademarks, and patents

ensure that the development, manufacture,

B. In order to

consonant with the Licensor's good will associated and trademark. Licensor shall

Product

is

with

reputation, copyrights,

its

have the

right to

approve,

material

the Territory

in

are sold. Copies of

advance, the quality of the

in

and

in

to the Licensed

Products and the advertising, promotional, and packaging

appearance, quality, and distribution of each Licensed

which the Licensed Products

in

applications shall be submitted for

all

approval to Licensor prior to

The Licensee and Licensor

filing.

Licensed Products (including, without limitation, concepts

agree to cooperate with each other to assist

and preliminary prototypes, layouts, or camera-ready art prior to production of first sample and revised production sample, if any) and all agreements. No part of the Guaranteed

said registrations.

Minimum

party to apply for copyright, trademark, or patent protection

Royalty or the Nonrefundable

Advance

B. Licensee shall not at

be

shall

would

that

repayable to Licensee.

any time apply

filing

any

for or abet

ownership of any

affect Licensor's

the

in

of

third

rights in the

Designs or the Trademarks. C.

On signing this agreement,

delivering

all

Licensee shall be responsible for

to withhold approval unreasonably. D. Licensee shall not release or distribute

Paragraph 6B. Licensee secured

any Licensed Product

depart from any approval

shall not

deems

Licensor

appropriate to protect Licensor's rights

in

the

Designs, Trade names, and Trademarks, including, without

in

and trademark infringement and

limitation, for copyright

accordance with Paragraph 6B without Licensor's

in

immediately

writing

in

upon discovery of any infringements or imitations by others of the Designs, Trade names, or Trademarks. Licensor in its sole discretion may bring any suit, action, or proceeding

Paragraph 6B without cost to the Licensor. Licensor agrees not

without securing each of the prior approvals provided for

Licensee shall notify Licensor

C.

items requiring prior approval pursuant to

for

unfair competition.

prior written consent. If

E.

Licensee agrees to expend at least

_% percent

for

any reason Licensor does not

anticipated gross sales of the Licensed Products annually to

Licensor, Licensee

may

promote and advertise sales

or proceeding

Licensee's

of the Licensed Products.

in

event, Licensee 7.

Nonexclusive Rights

Nothing

in

this

other

Agreement

shall

be construed to prevent

Designs

the

utilizing

in

any pending

The

Licenses for the use of the Designs

legal fees, incurred

connection with the sale

of the Licensed Products in the Territory to

which

any

or proceeding.

suit, action,

right, at Licensor's

In

with each

cost

and expense,

or proceeding.

suit, action,

pay all costs and expenses, including by the instituting party. All recoveries and

instituting party shall

of costs

and

legal fees, shall

instituting party

75%

be divided

and 25% percent

percent to the

to the other party

Nonacquisition of Rights

The Licensee's use

of the Designs

to the benefit of the Licensor. rights,

trademarks, equities,

Designs or

in

and Trademarks

shall inure

Licensee acquires any trade

If

titles,

or other rights

in

and

upon the

Indemnification and Insurance

The Licensee hereby agrees

incurred,

Agreement or any extension thereof or sooner termination, assign and transfer the same to Licensor without any

occasioned

or

settlement,

expiration of this

all

to indemnify liability,

recovery

or

limitation, arising

cost,

and hold the expense

loss,

damages

paid,

by any claim, demand,

suit,

reasonable attorney's

(including

the Trademark, by operation of law, usage, or

thereof, Licensee shall forthwith

11.

A.

Licensor harmless against

to the

otherwise during the term of this Agreement or any extension

or

fees),

the

against

Licensor,

without

out of the breach or claim of breach of this

Agreement; the use of the Designs by it or any third party the manufacture, distribution, and sale of the Licensed

consideration other than the consideration of this Agreement.

Products; and for any alleged defects 9.

fully

awards, including settlements received, after payments

this License

extends during the term of this Agreement 8.

cooperate

any manner

whatsoever, except that the Licensor shall not grant other in

suit or

suit, action,

names.

Licensor's

shall

the prosecution of such

to join in

any such

written notice to the

such appropriate

and

and Licensor

Licensor reserves the

Licensor from granting other licenses for the use of the

Designs or from

in

institute

institute

upon

take any such action or proceeding,

of

Licensee's Representations

in

the Licensed Products.

hereby consents to submit to the personal jurisdiction of any court, tribunal, or forum in which an action or proceeding is brought involving a claim to which this Licensee

The License warrants and represents that during the term of this License and for any time thereafter, or any of its affiliated, associated, or subsidiary companies will not copy, imitate, it,

foregoing indemnification shall apply.

or authorize the imitation or copying of the Designs, Trade

names, and Trademarks, or any

and expense product sufficient and adequate coverage, but not less than $1 million combined single limit coverage protecting the Licensor against any claims or B. Licensee shall obtain at

distinctive feature of the fore-

liability

going or other designs submitted to the Licensee by Licensor.

Without prejudice to any other remedies the Licensor

may

have, royalties as provided herein shall accrue and be paid by

Licensee on

all

12.

The Licensor has the

at

its

own

sole cost

Grounds for and Consequences

written notice,

right but not the obligation to obtain,

cost, appropriate copyright,

its

an amount providing

in

the Licensed Product.

of Termination

A Licensor shall have the right to terminate this Agreement by

and Infringements

A.

in

lawsuits arising from alleged defects

items embodying and incorporating imitated or

copied Designs. 10. Registrations

insurance

payments

and the Trademarks. At Licensor's request and at Licensee's sole cost and expense, Licensee shall make all necessary and appropriate registrations to protect protection for the Designs

i.

Licensee

shall

all

the rights granted to the Licensee shall

fails

391

1

and

all

royalties or other

become due and payable immediately comply with or Agreement;

to

conditions of this

continued...

[

and

revert forthwith to the Licensor

trademark, and patent

fulfill

if:

any of the terms or

SECOND SHEET

The Licensed Products have not been

ii.

offered or

made

Licensee agrees to give the Licensor, without charge,

B.

months from the

by Licensee

available for sale

each of the Licensed Products.

date hereof;

Miscellaneous Provisions

15.

Licensee ceases to manufacture and

Hi.

Products

adjudicated

is

B. Licensee, as quickly as possible, but in

such termination,

after

the statements required distributions through shall

have the

relationship be

no event

business. later

all

sales

the date of termination.

or thereafter to

verify

the

deemed

to exist

between them.

than

without the prior written consent of the Licensor.

and

Licensor

C.

No

by

either party hereto shall

waiver of any condition or covenant of

a further waiver

accuracy of

condition. This

this

all

payments theretofore made

by such party of the same or any other shall be binding upon and shall

Agreement

any other remedies the Licensor

may

hereunder for royalties or for damages

have.

lien

upon

all

of the items

become

shall

a

first

Agreement in of the Licensee upon the

produced under

the possession or under the control

Right

and assigns.

Whatever claim Licensor may have against Licensee

D.

to the Licensor shall belong to the Licensor without prejudice

Agreement

be deemed to imply or constitute

inure to the benefit of the parties, their successors,

C. In the event of termination,

13. Sell-off

be construed to constitute the parties nor shall any similar

The rights herein granted are personal to the Licensee and shall not be transferred or assigned, in whole or in part,

said statements.

to

shall

B.

submit to Licensor

Paragraph 3 for

in

its

conduct an actual inventory on the date

right to

of termination

shall

Nothing herein

hereto partners or joint ventures,

makes an

bankrupt,

a

assignment for the benefit of creditors, or liquidates

30 days

A

the Licensed

commercially reasonable quantities; or

in

The Licensee

iv.

sell

this

expiration or termination of this Agreement.

any term or condition of this Agreement, Licensee shall have the right for a period of months from the expiration of this Agreement or any extension thereof to sell inventory on hand subject to the terms and conditions of this Agreement, including the payment of royalties and guaranteed minimum royalties on Provided Licensee

is

not

in

default of

E.

14.

Licensee's

may

specify

but not to exceed

purposes of

this

for

in

per Licensed Product.

pursuant to this Paragraph royalties, including

shall not

any minimum

owed

Court,

for

all

purposes

in

connection with

Agreement

All notices

and demands

shall

be sent

in

writing

by

payments, and samples of Licensed

the parties hereto and shall not be modified, amended, or

changed

in

any way except by written agreement signed by

both parties hereto. Licensee shall not assign this Agreement. to Licensor.

iT)cmB£p

In

witness whereof, the parties have executed this Licensing Agreement as of the date

Licensee (company name)

By (name,

position)

Licensor

1

certified

addresses above first writ-

G. This Agreement constitutes the entire agreement between

mean

Licensee

be deducted from any

royalties,

accordance with the

Products and related materials shall be sent by regular mail.

any Licensed Product. For

Any amounts due to

in

The Licensee hereby consents to

jurisdiction of the

ten; royalty statements,

writing to Licensee,

Paragraph, "manufacturing cost" shall

.

mail, return receipt requested, at the

at

manufacturing cost, such number of Licensed

Products as Licensor

$

purchase from Licensee,

be construed

District

this

F.

right to

shall

County, and Federal Court of the

Purchase at Cost

have the

Agreement

submit to the personal

sales that continue during this additional period.

A Licensor shall

This

laws of

Caryn Leland 1990

[

392

]

first

set forth above.

Magazine Purchase Order

for

Commissioned

Illustration

FRONT Magazine's Letterhead

This letter is to serve as our contract for you to create certain illustrations for us under the terms described herein 1. Job Description We, the Magazine,

_

retain you, the Illustrator, to create illustration(s)

(indicate

any other reason, the Magazine agrees to pay the Illustrator a cancellation fee of 50% of the purchase price. If, after the Illustrator's completion of finishes, the Magazine cancels the assignment, the Magazine agrees to pay 50% of the purchase price if cancellation is due to the illustrations not being reasonably satisfactory and 100% of the purchase price if cancellation is due to any other cause. In the event of cancellation, the Illustrator shall retain ownership of all artwork and

described as follows

sketches are required:

if

rights of copyright, but the Illustrator agrees to

to be delivered to the

Magazine by

for publication in our

200

the Magazine the artwork

magazine

so that the Magazine

titled

if

show

the Magazine so requests

may make

its

own

evaluation as to

the degree of completion of the artwork.

2.

6.

Grant of Rights

The

hereby agrees to transfer to the North American magazine rights in the illustration(s). All rights not expressly transferred to the Magazine hereunder are reserved to the Illustrator. Illustrator

Magazine

Copyright Notice and Authorship Credit

Copyright

name

first

notice

shall

appear

in

the

Illustrator's

with the contribution. The Illustrator shall have

the right to receive authorship credit for the illustration

and

to

have such credit removed if the Illustrator so made by the Magazine that are

desires due to changes 3.

unsatisfactory to the Illustrator.

Price

The Magazine agrees purchase

to

pay the

Illustrator the following

Illustrator's

in full consideration for the $ grant of rights to the Magazine. Any transfer

of rights

conditional

Payments Payment shall be made within 30 days

7.

price:

is

upon

receipt of

full

payment.

Changes The Illustrator shall be given the first option to make any changes in the work that the Magazine may deem necessary. However, no additional compensation shall be paid unless such changes are necessitated by error •n the Magazine's part, in which case a new contract between us shall be entered into on mutually agreeable terms to cover changes to be done by the Illustrator. 4.

5.

of the billing date.

Ownership of Artwork The Illustrator shall retain ownership of all original artwork and the Magazine shall return such artwork 8.

within 30 days of publication. 9.

Acceptance of Terms

To Constitute this a binding agreement between us, please sign both copies of this letter beneath the words "consented and agreed to" and return one copy to the

Magazine

for

its files.

Cancellation

prior to the Illustrator's completion of finishes, the Magazine cancels the assignment, either because the illustrations are unsatisfactory to the Magazine or for If,

Consented and agreed to

Artist's signature/date

Magazine Authorized signature/date

Name and

(TlEmBCP

title

[

393

]

Nondisclosure Agreement for Submitting Ideas

FRONT

Illustrator's

Agreement, entered

day of

into as of this

or Designer's Letterhead

_,

.

between

200

(hereinafter referred to as the "Illustrator" or "Designer"), located at

and

(hereinafter

referred

to

as

the

"Recipient")

located at

Whereas, the

Illustrator (or

Designer) has developed certain

3.

valuable information, concepts, ideas, or designs, which the Illustrator

deems

Designer)

(or

referred to as the "Information");

Whereas, the Recipient Information for

its

confidential

(hereinafter

in

the business of using such

projects

and wishes to review the

any way whatsoever, including but not

contained

in

this

Agreement

shall

Recipient any rights whatsoever 4.

Illustrator (or

sell,

deal

in,

or

limited

to

adaptation, imitation, redesign, or modification. Nothing

Information; and

Whereas, the

Use

otherwise use or appropriate the disclosed Information

and

in

is

Limitation on

Recipient agrees not to manufacture,

in

be deemed to give

and to the Information.

Confidentiality

Designer) wishes to disclose this

Recipient understands and agrees that the unauthorized

Information to the Recipient; and

disclosure of the Information by the Recipient to others

Whereas, the Recipient Information, as provided

is

willing

in this

would irreparably damage the Illustrator (or Designer). As consideration and in return for the disclosure of this Information, the Recipient shall keep secret and hold in confidence all such Information and treat the Information as if it were the Recipient's own property by not disclosing it to any person or entity.

not to disclose this

Agreement;

Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows: 1.

Disclosure

5.

Designer) shall disclose to the Recipient the Information, which concerns Illustrator (or

If,

Good-Faith Negotiations

on the basis of the evaluation of the Information,

Recipient wishes to pursue the exploitation thereof. Recipient agrees to enter into good-faith negotiations to

agreement for these and unless such an agreement is nondisclosure Agreement shall remain

arrive at a mutually satisfactory

purposes. entered

2.

is

only for the purpose

of the Recipient's evaluation to determine

its

into, this

in

force.

6.

Miscellany

Purpose

Recipient agrees that this disclosure

Until

This Agreement shall be binding upon and shall inure

interest in

to the benefit of the parties

the commercial exploitation of the Information.

and

their respective legal

representatives, successors, and assigns.

Tad Crawford 1990

In

witness whereof, the parties have signed this Agreement as of the date

Illustrator (or

first

set forth above.

Designer)

Recipient

Company name !}L Authorized signatory,

(HcmBEP title

[

394

]

Surface/Textile Designer-Agent

Agreement

Introduction

The Surface/Textile Designer-Agent Agreement seeks

to clarify Designer-Agent relationships

providing a written understanding to which both parties can

meet the special needs of

imum

either Designer or Agent.

no way changes

of legal jargon, but this in

The Agreement has been drafted with

its

by

terms can be modified to

refer. Its

min-

a

legal validity.

The Agreement balances the needs of both

suggest that the Agent follow the Graphic

Designer and Agent. The agency

Artists Guild's Pricing

limited

is

1

to

particular

a

Paragraph

in

market.

establish the

the

In

market the Agent has exclusive rights to act as an agent, but the Designer remains free to

The Agent's

that market also (except to accounts secured

be selling

may want

in

the

If

this

Agent with

list

a

list

no

of

(although

is difficult

it

the

level of sales.

If

the level

is

have

damage to

not met,

a Designer

and Agent

together can

short term

is

of the order

mutual agreement

in

in

less importance,

however,

Paragraph 8 the Agent assumes respon-

are not

either party

form with similar terms.

made

any single

and pursuing payments that

promptly. The reason for keeping

billing

under the

easier to collect in

minimum

and Agent consult one another in

which a particular sale

Artists Guild or a

remuneration.

in

Designer

a

is

allowed

make

it

necessary. The

form with similar provisions.

Agent's books to ensure that proper payments

price

are being

higher than the base price. The Designer can

[

a lawsuit

to

Paragraph 9 allows the Designer to inspect the

those cases

justifies

if

is

Agent should use the invoice form of the Graphic

Paragraph 4

Flexibility in pricing requires that the

maximum

for suit in small-claims court

days' notice as Paragraph 10 provides.

ensure the Designer a

holding time of

working days. Again, the Agent should use

Artists Guild or a

can terminate the agency relationship on 30

The minimum base prices

obtained for the

the holding form developed by the Graphic

by

Agreement has

when

maximum

by establishing a five

goes on, the Designer

of the

is

form secured by the Agent from

a better position to negotiate with

The term

be paid out of the

The Agent should use the order form

sibility for billing

the Agent.

of

work

problem, which Paragraph 7 seeks to resolve

In

may be

for

Holding of designs by clients can present a

order to continue their

relationship. Also, as time

amount

incorporating similar terms.

are working well

simply extend the term

on the

developed by the Graphic Artists Guild or a form

to execute with

usually wise, since

who

designers shall

the client.

Paragraph 3 sets forth the duration of the

A

Nor are

receive a commission.

payable

have

will

Designer. Of particular importance a re the terms

the client contracts that protect the designs.

Agreement.

not paid

is

Agent

Paragraph 6 covers the Agent's obligations

his or her artwork, in

Agent

the Designer

when commissioned work

Paragraph 2 seeks to protect the Designer

part by requiring the

right to

many

Agreement would terminate.

against loss or

If

Agent's commission.

efforts

not been exercised) and perhaps promise a

minimum

rate.

done on assignment. Discounts given by volume sales of the work of

may want

to prove best efforts

Paragraph 5

the Agent on

the Agent desires greater exclusivity, such as

Agent exercise best

in

expenses incurred by the Designer

up-to-date.

to require that the

commission

blank so the parties can establish an

commissions

obtained bythe Designer and

covering more markets, the Designer

rate of

price.

for doing an assignment, the

market, the Designer

to provide the

clients previously

keep

same

left

acceptable

bythe Agent). Because both Agentand Designer will

Ethical Guidelines to

sell is

in

and

minimum base

395

]

made.

permitted on giving 30 days'

Paragraph 14 affirms that both Designer and

written notice to the other party. Paragraph

Agent are independent contractors, which

Termination

10

is

distinguishes

between sales made or

avoids

and

tax

certain

might

from

assignments obtained prior to termination (on

that

which the Agent must be paid

relationships mentioned.

even

work

the

if

a

commission,

executed and payment

is

arise

This Agreement

received after the termination date) and those of the parties after termination (on

which no commission

liability

the

issues

other

legal

the entire understanding

is

and can be amended only

in

is

Paragraph 15 points out

writing. In stating this,

payable). Within 30 days' notice of termination,

the general rule that a written contract should all

designs must be returned to the Designer.

Paragraph

11

always be amended

provides that the Agreement

cannot be assigned by either party since the relationship

between Designer and Agent

is

disputes

arbitration

12,

excess of the

in

maximum

suits in small-claims court. For

the small-claims

limit,

it

Some of the optional

limit for

Paragraph 17 sets forth the state whose law will

amounts within

govern the Agreement. This

probably easier to

is

of the state in

simply sue rather than seek arbitration.

one party

The manner

of giving notice to the parties

described

Paragraph

in

provisions that

might be agreed to appear below.

provided for

is

signed by

add any optional provisions that they consider necessary.

Paragraph

is

Paragraph 16 leaves room for the parties to

a

personal one. In

writing that

in

both parties.

is

is

usually the law

which both parties reside

out of state,

in

Finally,

paragraph 18 defines what constitutes

Optional provisions could

provisions

be used to govern certain

aspects of the

Designer-Agent relationship. Such provisions might include: •

The scope

of the

agency

set forth in Paragraph

geographic area: •

1

is

limited to the following

.

Despite any provisions of Paragraph

1

to the contrary, this

agency

shall

be nonexclusive and the Designer shall have the right to use other Agents without any obligation to pay commissions under this Agreement.

The Agent agrees •

to represent

The Agent agrees not designers

who work

•

The Agent agrees

•

The Agent agrees not

to

no more than

to represent conflicting

in a

(number) designers. hands, such hands being

similar style to that of the Designer.

have no designers as salaried employees. to sell designs

from

his or her

own

collection of designs

while representing the Designer.

The Agent

agrees

to

employ

(number)

full

time

and

(number) part-time salespeople. •

The Agent agrees Designer that

is

that the Designer's

included

in

name

shall

the Agent's portfolio.

[

if

the business will be transacted.

is

13.

acceptance of the contract terms.

Additional

or,

which the bulk of

396

]

appear on

all

artwork by the

The Agent agrees

to seek royalties for the Designer in the following situations:

The Agent agrees

to hold

all

funds due to the Designer as trust funds

an

in

account separate from funds of the Agent prior to making payment to the Designer pursuant to Paragraph 8 hereof.

The Agent agrees

to enter into a written contract with

each

client that shall

include the following provision: Credit Line for Designer:

The designer

shall

have the

right

to

receive

authorship credit for his or her design and to have such credit removed

event changes

made by

in

the

the client are unsatisfactory to the designer. Such

authorship credit shall appear as follows on the selvage of the fabric:

If

this

box

is

checked, such authorship credit shall also accompany any

advertising for the fabric:

Copyright Notice for Designer: Copyright notice shall appear

name on

©

in

the Designer's

the selvage of the fabric, the form of notice being as follows:

200

,

The placement and

affixation of the notice shall

comply with the regulations

issued by the Register of Copyrights. The grant of rights

expressly conditioned on copyright notice appearing If

this

box

is

in

in this

design

is

the Designer's name.

checked, such copyright notice shall also accompany any

advertising for the fabric.

[

397

]

.

Surface/Textile Designer-Agent

Agreement

FRONT

Designer's Letterhead

Agreement,

day

this

200

of

,

(hereinafter referred to as the "Designer"), residing

between

at:

and residing

(hereinafter referred to as the "Agent"),

at:

designer; and

months, the Designer may remove his or her unsold artwork form the Agent's portfolio to do with as the Designer wishes.

Whereas, the Designer wishes to have an Agent him or her in marketing certain rights enumerated herein; and

2.

Whereas, the Designer

is

After a period of

a professional surface/textile

represent

artwork submitted to the Agent for sale or for the purpose of securing work shall remain the property of the Designer. The Agent shall issue a receipt to the Designer for all artwork that the Designer submits to the

Whereas, the Agent is capable of marketing the artwork produced by the Designer; and

Agent.

Whereas, the Agent wishes to represent the Designer;

If

artwork

stolen, or

is lost,

damaged while

in

the

Agent's possession due to the Agent's failure to exercise reasonable care, the Agent will be held liable for the

Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable consideration, the parties hereto agree as follows: Agency The Designer appoints the Agent

Artwork and Risk of Loss, Theft, or Damage

All

value of the artwork. Proof of any loss,

theft, or

damage

must be furnished by the Agent to the Designer upon request. When selling artwork, taking an order, or allowing a client to hold artwork for consideration, the

1.

representative

Agent agrees

to act as his or her

for:

Sale of surface/textile designs

in

in

home furnishing

home

held by the client, and to

The Agent

agrees to enforce these provisions, including taking legal action as necessary. If the Agent undertakes

market,

action, any recovery shall first be used reimburse the amount of attorney's fees and other expenses incurred and the balance of the recovery shall be divided between Agent and Designer in the respective percentages set forth in Paragraph 5. If the Agent chooses not to require the client to be responsible as described herein, then the Agent agrees to assume these responsibilities. If the Agent receives insurance proceeds due to loss, theft, legal

to

originated by the Designer or other designers, in

forms that

responsible for loss, theft, or

require the client's signature on such forms.

apparel market,

CD Securing of service work in apparel market. Service work is defined to include repeats and colorings on designs

furnishing market

Other

The Agent agrees

to use his/her best efforts in submitting the Designer's artwork for the purpose of

damage of artwork while in the Agent's or client's possession, the Designer shall receive no less than that portion of the proceeds that have been paid for the

or

making sales or securing assignments for the Designer. For the purposes of this Agreement, the term artwork shall

is

damage to artwork while being

Q Sale of surface/textile designs

O Securing of service work

to use invoice, order, or holding

provide that the client

be defined to include designs, repeats, colorings,

Designer's artwork.

and any other product of the Designer's effort. The Agent shall negotiate the terms of any assignment that is offered, but the Designer shall have the right to reject any assignment if he or she finds the terms

3.

Term Agreement

This

_j

unacceptable. Nothing contained herein shall prevent

effect for a

the Designer from making sales or securing work for his

provided

own account without liability for commissions except for accounts that have been secured for the Designer by the Agent. This limitation extends only for the period of time that the Agent represents the Designer. Further, the Designer agrees, when selling his

in

on the and remain in

day of

shall take effect

200

full

force and

term of one year, unless terminated as Paragraph 10.

or her

4.

minimum base prices charged to clients by the Agent are as follows:

Sketch (apparel market)

or her artwork or taking orders, not to accept a price that is

below the

price structure of his or her Agent.

[

Prices

At this time the

398

]

BACK

Repeat (apparel market)

the artwork must be completed and any additional

Colorings (appare market)

instructions that the Agent feels are necessary to complete the job to the client's satisfaction. The Agent will sign these instructions. Any changes in the original instructions must be in writing, signed by the Agent, and contain a revised completion date.

1

Sketch (home furnishing m;

It is mutually agreed that all commissioned work generated by the Designer's work shall be offered first to the Designer. The Designer has the right to refuse such work.

rket)

Repeat (home furnishing market)

The Agent agrees

to

use the order confirmation form of

the Graphic Artists Guild, or a form that protects the

Colorings (home

furnishing market)

interests of the Designer in the

same manner

as that

form. The order form shall provide that the Designer

will

be paid for all changes of original instructions arising through no fault of the Designer. The order form shall

Other

canceled through no fault shall be paid by the client based on the amount of work already done and the artwork will remain the property of the Designer. In also provide that

of the

The Agent agrees that these prices are minimum prices only and shall be increased whenever possible (i.e., when the work is a rush job or becomes larger or more complicated than is usual.) The Agent also agrees

shall

When

first

payment by

royalty.

shall

be offered to clients by the Agent

consulting the Designer.

5.

charged

if

the design should bring

more than the

Agent's Commissions

commission

artwork shall be It is mutually agreed by both parties that no commissions shall be paid on assignments rejected by the Designer or for which the Designer does not receive payment, regardless of the reasons payment is rate

the event that a client wishes to hold the Designer's

of

for

consideration,

for

the Agent

holding time with the

establish

shall

a

This holding

client.

time shall not exceed 5 working days. Any other arrangements must first be discussed with the Designer. The Agent agrees to use the holding form of the Graphic Artists Guild, or a form that protects the interests of the Designer in the same manner as that form. All holding forms shall be available for the Designer to see

leaving a design with the Agent for possible sale,

Agent's base price.

The

Holding Policy

In

maximum

the Designer shall agree with the Agent as to the price to be

is

labor fee

7.

work

No discounts without

for

a job

above and the artwork will be destroyed. If the artwork is already completed in a satisfactory manner at the time the job is canceled, the client must pay the full fee.

obtain the Designer's written consent

any contract

a

coloring, a labor fee will be charged as outlined

of inflation.

prior to entering into

if

a case in which the job being canceled is based on artwork that belongs to the client, such as a repeat or

to try to raise the base price to keep pace with the rate

The Agent

Designer,

at

any time.

8.

Billings

all

and Payments

.

The Agent

shall be responsible for ail billings. The Agent agrees to use the invoice form of the Graphic Artists

or a form that protects the interests of the Designer in the same manner as that form. The Agent agrees to provide the Designer with a copy of all bills to Guild,

not made.

On commissioned incurred

in

shipping, the fee.

originals

and service work, expenses

the execution of a job, such as

etc., shall

be

phone

clients

calls,

billed to the client in addition to

No Agent's commission

pertaining to the

Designer

work

will

work

of the

provide the Agent with a

Designer.

bill

The Designer's

for the particular job.

The

for his or her bill

shall

be

be paid on these amounts. In the event that a flat fee is paid by the client, it shall be reduced by the amount of expenses incurred by the Designer in performing the assignment, and the Agent's commission shall be payable only on the fee as reduced for expenses. It is mutually agreed that if the Agent offers a client a discount on a large group of designs including work of other designers, then that discount will come out of the Agent's commission since the Agent is the party who benefits from this volume.

artwork or, if the Agent finds it necessary, within 10 working days after receipt of payment from the client. The terms of all bills issued by the Agent shall require payment within 30 calendar days or less. If the client does not pay within that time, the Agent must immediately pursue payment and, upon request, inform the Designer that this has been done. The Agent agrees to take all necessary steps to collect payment,

Commissioned Work Commissioned work refers to all artwork done on a nonspeculative basis. The Agent shall provide the

Agent or Designer undertakes legal action, any recovery shall first be used to reimburse the amount of attorney's fees and other expenses incurred and the balance of the recovery shall be divided between the Agent and

shall

paid by the Agent within

including taking legal action

6.

Designer with a copy of the completed order form that the client has signed. The order form shall set forth the

continued.

[

week

if

after the delivery of

necessary.

If

either the

Designer in the respective percentages set forth in Paragraph 5. The Agent agrees, whenever possible, to bill in such a way that no single bill exceeds the maximum that can be sued for in small-claims court.

and purchasing add the date by which

responsibilities of the client in ordering

artwork. To this the Agent shall

1

399

1

SECOND SHEET

Under no circumstances shall the Agent withhold payment to the Designer after the Agent has been paid. Late payments by the Agent to the Designer shall be accompanied by interest calculated at the rate of 1

the American Arbitration Association. The Arbitrator's

award shall be final and judgment may be entered in any court having jurisdiction thereof. The Agent shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of the Designer.

1/2% monthly.

9. Inspection of the Books and Records The Designer shall have the right to inspect the Agent's books and records with respect to proceeds due the Designer. The Agent shall keep the books and records at the Agent's place of business and the Designer may make such inspection during normal business hours on

13.

14.

Agreement may be terminated by

either party by

giving 30 days' written notice by registered mail to the 15.

other party. All artwork executed by the Designer not sold by the Agent

must be returned

these 30 days.

within

In

the Agent shall receive commissions for or assignments obtained

termination received.

made

date,

all

sales

of

shall

their

Amendments and Merger amendments to this Agreement must be Agreement incorporates the

written.

entire understanding

of the parties.

made

when payment

at

Independent Contractor Status

This

by the Agent prior to the

regardless

No commissions

All

to the Designer

event of termination,

the

be given to the parties

Both parties agree that the Agent is acting as an independent contractor. This Agreement is not an employment agreement, nor does it constitute a joint venture or partnership between the Designer and Agent.

Termination

10.

notices shall

respective addresses set forth above.

the giving of reasonable notice.

This

Notices

All

16.

Other Provisions

17.

Governing Law

is

be payable for sales

or assignments obtained by the Designer after the

termination date. 11.

Assignment Agreement

be assigned by either of the be binding on and inure to the benefit of the successors, administrators, executors, or

This

parties hereto.

heirs of the

shall not

It

shall

This Agreement shall be governed by the laws of the

Agent and Designer.

State of

12. Arbitration

Any disputes

in

18.

excess of $

(maximum

for small-claims court) arising out of this

limit

The signature

Agreement

.

Acceptance of Terms of both parties shall evidence acceptance

of these terms.

be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of

shall

fTlEmBCR

In

witness whereof, the parties have signed this Agreement as of the date set forth above.

Designer

Agent

[

400

]

Surface/Textile Designer's Estimate and Confirmation Form

FRONT Designer's Letterhead

TO

Date Pattern

Number

Due Date

ESTIMATED PRICES Sketch

Repeat Colorings

Corners Tracings

Other

DESCRIPTION OF

ARTWORK

Repeat Size

Colors

Type of Printing 1/2

SPECIAL

riNo

riYes

Drop

COMMENTS

continued.

[

401

]

BACK

TERMS

1.

Time

10. Warranty of Originality The Designer warrants and represents that to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained through the undersigned

Payment

for

Because the major portion of the above work represents labor, all invoices are payable 15 days net. A 1 1/2% monthly service charge is payable on all unpaid balances after this period. The grant of textile usage rights is conditioned on receipt of

from

payment.

third parties

is

original or,

if

previously published,

been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer's product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client's use of the Designer's product to the extent such use infringes on rights of others. that the consent to use has

2.

Payment shall assume

Default of

The

Client

responsibility for

of legal fees necessitated 3.

by default

all

collection

payment.

in

Estimated Prices

shown above are minimum estimates shown in invoice.

Prices

only. Final

prices shall be 4.

Payment

for

Changes

be responsible for making additional payments changes requested by Client in original assignment.

Client shall for 5.

11. Limitation of Liability

Expenses

agrees that

be responsible for payment of all extra expenses rising from assignment, including but not limited to mailings, messengers, shipping charges, and

Client

shipping insurance.

failure to

Client shall

6.

this

assume

responsibility for

all

sales taxes

Work canceled by

due

compensated

for

the client while

in

all

at

be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the

the

rights, publication

Where Designer

and

American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in

other, revert

creates corners that are

not developed into purchased sketches, a labor fee will

be charged, and ownership of is retained by the Designer.

all

copyrights and artwork

favor of the Surface/Textile Designer.

Insuring Artwork

13. Acceptance of Terms The signature of both parties

agrees when shipping artwork to provide insurance covering the fair market value of the artwork. client

Uniform Commercial Code The above terms incorporate Commercial Code.

of these terms.

9.

Article 2 of the

Uniform

fuEmBCP

Consented and agreed to

Designer's signature/date

Authorized signature/date Client

name and

Dispute Resolution

in excess of $ (maximum limit for small-claims court) arising out of this Agreement shall

progress shall be

on the basis of work completed

cancellation,

to the Designer.

The

Designer any incidental

hold the

liable for

Any disputes

time of cancellation and assumes that the Designer retains the project, whatever its stage of completion.

8.

not

assignment.

Cancellation Fees

Upon

shall

damages that arise from the Designer's perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Designer or a third party. 12.

7.

it

employees

or consequential

Sales Tax

Client shall

on

or his/her agents or

title

[

402

]

shall

evidence acceptance

Surface/Textile Designer's Holding Form

Designer's Letterhead

TO

Date Pattern

number

NUMBER OF DESIGNS HELD Sketch

Number

Design

of desians held

Sketch

Number

Design

of desians held

Sketch

Number

Design

of desians held

Sketch

Number

Design

of desians held

Sketch

Number

Design

of desians held

Sketch

Number

Design

The submitted designs are

original

and protected under

constitute a binding sale at the price specified above. to allow any third party to hold designs unless specifically approved by me.

You further agree not

the copyright laws of the United States, Title 17 United

These designs are submitted confidence and on the following terms: States Code.

to

you

in

4.

Ownership and Copyrights You agree not to copy, photograph, or modify directly or indirectly any of the materials held by you, nor permit any third party to do any of the foregoing. All artwork and photographs developed from these 1.

designs, including the copyrights therein, remain

(maximum limit for in excess of $ small-claims court) arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules

upon

receipt of full

American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The party holding the designs shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of the Surface/

payment.

Responsibility for Artwork

You agree to assume responsibility for

damage to the designs while they

loss, theft, or

is

Textile Designer.

any

are being held by you.

agreed that the fair market value for each design the price specified above. It

.

of the

my

must be returned to me unless the designs are purchased by you. Any transfer of rights is

2.

Arbitration

Any disputes

property and

conditional

of designs held

5. Uniform Commercial Code The above terms incorporate Commercial Code.

is

Holding of Artwork You agree to hold these designs for a period not to exceed working days from the above date. Any holding of artwork beyond that period shall 3.

6.

Article 2 of the

Acceptance of Terms

The signature

of both parties shall evidence acceptance

of these terms.

Consented and agreed to

Designees signature/date Authorized sionature/date Client's

name and

title

(TlemBCP

[

403

I

Uniform

Surface/Textile Designer's Invoice

Designer's Letterhead

TO

Date

Number

Invoice

Purchase Order

Number

Stylist

Designer

DESCRIPTION Pattern

Number

Price

Subtotal

ITEMIZED EXPENSES

Subtotal

Sales Tax

Payments on Account Balance Due

TERMS 1

.

Receipt of Artwork

Client 2.

acknowledges

Time

for

5.

receipt of the artwork specified above.

Payment

Because the major portion of the above work represents labor, all invoices are payable 15 days net. The grant of textile usage rights is conditioned on receipt of payment. A 1 1/2% monthly service charge is payable on unpaid balance after expiration of period for 3.

Default in

The

Payment assume

Client shall

legal fees necessitated 4.

6.

responsibility for in

all

2

of

disputes

in

excess of $

(maximum

collection of

payment.

any adjustments of accounts, terms,

7.

Acceptance of Terms

The signature

of both parties shall evidence acceptance of

Consented and agreed to

Designer's signature/date

Authorized signature/date title

(TlEmBCP

[

limit for

be submitted to binding arbitration before a mutually

these terms.

name and

Uniform

agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of the Designer.

or other invoice data within 10 days of receipt of the invoice.

Client's

the

small-claims court) arising out of this Agreement shall

Adjustments to Invoice

Client agrees to request

Article

Dispute Resolution

Any

payment.

by default

Uniform Commercial Code

These terms incorporate Commercial Code.

404

]

Web

Site

&

Design

Maintenance Order Form

This job order form is a sample of a possible contract for Web site development and maintenance. Since the field is changing very rapidly, artists should view this as a model and amend it to fit their particular circumstances. Remove all language in italics before using this form.

FRONT Developer's Letterhead

TO

Date

Commissioned by Purchase Order

Number

Job Number

DESCRIPTION OF ASSIGNMENT Primary Use Additional Uses

Number

Pixel

of Indiv idual Screen Paaes

(if

the

oaae

is

Maximum

Lenath per Screen

a frame oaae. the

number of frames per Daae)

Minimum

Preferred

Description of Materials to Be Supplied by Client

Date Due

RIGHTS TRANSFERRED The material on the disk can be used only for the purposes stated below. All other use(s) and modification(s) is (are) prohibited. The material on the disk may not be copied without the Developer's permission and must be returned after use. Any transfer of rights is conditional upon receipt of full payment.

SYSTEM APPLICATIONS (For use

on

specific

machine or compiled

PRODUCTION SCHEDULE

into other operation languages)

(Including milestones, dates due,

and appropriate

Payment upon Acceptance

Due Date

Milestone Contract Signing Delivery of

Web

$ Site

Design

$

Delivery of Beta Version

$_

Delivery of Final Version (includes return of source materials to Client)

Acceptance of

fees.)

$

Final Version

$_

Total

$

Bonus: Client agrees to pay Developer able Final Version of the

Web

site is

a

payable to the Developer

bonus of

delivered to the Client prior to continued...

[

*

405

]

(date).

in

the event an accept-

BACK

TERMS Testing and Acceptance Procedures The Developer will make every good-faith effort to test all deliverables thoroughly and make all necessary 9. 1.

Time

for

Payment

Payment is due at each milestone upon the Client's acceptance of the Deliverables. All invoices are payable within 30 days of receipt. A 1 1/2% monthly service charge is payable on all overdue balances. The grant of any license or right of copyright is conditioned on receipt of full payment. 2.

Default

The

Client

Payment shall assume

corrections as a result of such testing prior to handing

over the deliverables to the Client. the deliverables, the deliverable and

Estimates this

form

is

responsibility for

all

minimum

used for an estimate or assignment the

be shown when invoice is rendered. The approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 10% or more.

day(s) notice to the other.

Expenses

10.

Client shall reimburse the Developer for

all

expens-

any sales taxes due on this assignment, and shall advance $ to the Developer for payment of said

Internet Access

be provided by

a

separate

Internet Service Provider (ISP) to be contracted by the Client 6.

and who

will

not be party to this agreement.

Progress Reports

The Developer shall contact or meet with the Client on a mutually acceptable schedule to report all tasks completed, problems encountered, and recommended changes relating to the development and testing of the Web site. The Developer shall inform the Client promptly by telephone upon discovery of any event or problem that may delay the development of the work significantly. 7.

originally contracted project.

Enhancements Under the maintenance agreement, 11.

if the Client wishes Developer shall be given first option to provide a bid to perform such enhancements.

to modify the

Developer's Guarantee for Program Use

The Developer guarantees

to

notify

the

Client

any licensing and/or permissions required for generating/driving programs to be used.

Maintenance

and update the Web site on the Internet during the Warranty Period of (dates) at no cost to the Client. Such assistance shall not exceed hours per calendar month. After the expiration of the Warranty Period, the Developer agrees to provide the Client with reasonable technical support and assistance to maintain and update the Web site on the Internet for an annual fee of $ for a period of years after the last day of the Warranty Period payable 30 days prior to the commencement date of each year of the Maintenance Period. Such maintenance shall include correcting any errors or any failure of the Web site to conform to the specifications. Maintenance shall not include the development of enhancements to the

expenses.

will

Site

to provide the Client with reasonable technical support and assistance to maintain

of

Access to Internet

Web

The Developer agrees

es arising from this assignment, including the payment

5.

set forth

(name) and the Client shall designate (name) as the only designated persons who will send and accept all deliverables and receive and make all communications between the Developer and the Client. Neither party shall have any obligation to consider for approval or respond to materials submitted other than through the designated persons listed above. Each party has the right to change its designated person upon

Client's

The

make the milestone payment

designate

shall

4.

receipt of

accept the

both the Developer and the Client. The Developer shall

collection

fees and expenses shown are estimates only. Final fees and expenses

confirmation,

Upon

either

any corrections to be made and a suggested date for completion, which should be mutually acceptable to

of legal fees necessitated by default in payment.

If

shall

herein or provide the Developer with written notice of

in

3.

Client

of art-

Web site, the

12. Confidential

Information

The Developer acknowledges and agrees

that the source materials and technical and marketing plans or other sensitive business information, as specified by the Client, including all materials containing said information, that are supplied by the Client to the Developer or developed by the Developer in the course

Changes The Client shall be responsible for making additional payments for changes in original assignment requested by the Client. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer the Developer the first opportunity to make any changes. 8.

[

of

developing the

Web

site

are

to

be considered

Information shall not be considered confidential if it is already publicly known through no act of the Developer. confidential

406

1

information.

SECOND SHEET

Return of Source Information

13.

Upon

21.

upon the cancellation

of the project, the

Developer

Ownership of Copyright acknowledges and agrees

14.

all

does not have rights to or authority to use. will be responsible for payment of any special licensing or royalty fees resulting from the use of graphics programs that require such payments.

22. Warranty of Originality The Developer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that

consent to use has been obtained on an unlimited basis; all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Developer has full authority to make this agreement; and that the work prepared by the Developer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Developer's product that may infringe on the rights of others. CLIENT EXPRESSLY AGREES

that

days of use. Cancellation

the event ownership of

cancellation

of

of

this

assignment,

copyrights and any original artwork

all

be retained by the Developer, and a cancellation work completed, based on the prorated portion

shall

fee for

of the next shall

payment and expenses already

iT WILL HOLD THE DEVELOPER HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT'S USE OF THE DEVELOPER'S PRODUCT TO THE EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS.

THAT

incurred,

be paid by the Client.

Copy-Protection

17.

The

Client

ject of this

Client

that Developer retains

15. Ownership and Return of Artwork The Developer retains ownership of all original artwork, in any media, including digital files, whether preliminary or final. The Client waives the right to challenge the validity of the Developer's ownership of the art subject agreement because of any change or to this evolution of the law and will return all artwork within 30

16.

must copy-protect all final art that is the subagreement against duplication or alteration.

23. Limitation of Liability

Client agrees that 18. Credit

his/her agents or

Lines

The Developer (b)

be given credit on: (a) floppy disk, documentation, (c) packaging, (d) Developer's mark

on

art.

If

this

box

19.

is

form:

©

200

electronic alteration

mirroring,

flopping,

.

of original

combination

deletion) creating additional art

is

art

cut

be given

required.

first

opportunity to

(color shift,

24. Dispute Resolution

Any disputes

paste,

The Developer

make any

not hold the Developer or

any incidental or from the Developer's

liable for

that arise

in

(maximum

excess of $

for small-claims court) arising out of this

limit

Agreement

be submitted to final binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of

shall

alterations

Unauthorized alterations shall constitute and will be billed accordingly.

the American Arbitration Association. The Arbitrator's

additional use 20.

damages

and

prohibited without

the express permission of the developer.

shall

perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Developer or a third party. Furthermore, the Developer disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.

checked, the Developer shall receive in this

it

employees

failure to

Alterations

Any

will

consequential

shall

copyright notice

all

Client

The

rights to copyright in the subject material.

In

indemnify the Developer against

Client will

claims and expenses arising from uses for which the

shall

provide the Client with all copies and originals of the source materials provided to the Developer.

Client

Unauthorized Use and Program Licenses

The

the Client's acceptance of the Final Version, or

award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in

Other Operating Systems Conversions

The Developer shall be given first option at compiling the work for operating systems beyond t he original use.

favor of the Developer.

Acceptance of Terms The signature of both parties 25.

shall

evidence acceptance

of these terms.

Consented and agreed to

Developer's signature/date

Authorized sianature/date Client's

name and

fllEmBCR

title

[

407

]

[

408

]

^^^

The mission

promote

and

members.

economic

the

protect

is

It

Graphic Artists Guild

the

of

committed

is

of

interests

improving conditions for

to

to

its

all

creators of graphic art and to

This chapter describes the Graphic Artists raising standards for the entire

Guild's mission industry.

The

and

its

vision for the visual

Guild's vision for

communications industry as well as the the

would

future

be

that,

history

Guild's

and accomplishments over

through the work of the Guild the past three decades. The •

Graphic nized,

artists

respected,

compensated

graphic

lished.

and

fairly

and benefits that come with Guild member-

for their work.

s hi p are also detailed.

artists are estab-

Buyers of

and

art

design recognize the value of graphic

and •

is

businesses,

art to their

their relationships with graphic artists are fair

The Guild

and

ethical.

recognized widely as the leading organization

working on behalf of graphic

artists.

Through

its

large, active,

and involved membership, the Guild has substantial impact on •

legislative issues

services

recog-

are

Baseline fee levels that protect all

many

and

in

the global marketplace.

Because of Guild programs and services, recognition, prosperity,

and

security.

[

409

1

its

members enjoy

pricing

&

ethical guidelines

Long-Range Goals *

Financial

and professional respect

To ensure that our members are recognized

and professionally

financially

for

the value they provide. *

Education and research

educate

To

graphic

and

artists

their

about ethical

clients

and

fair

business practices.

To educate graphic

artists

about emerging trends and technologies having an

impact on the industry. *

Valued benefits

To offer programs and services that anticipate and respond to the needs of our members, helping them prosper and enhancing their health and security. *

Legislative

To advocate for the interests of our members

in

the legislative, judicial, and

regulatory arenas. *

Organizational development

To be responsible trustees for our members by building an organization that

works proactively on

their behalf.

The methods used to accomplish these goals correspond to our members' needs. For instance, 1995 marked the that

negotiated

it

bona

its first

first

time

the Guild's

in

graphic designers employed as

staff; a

members who work

skills

for themselves,

better. if

Noted

illustrator

the Guild's Pricing

accomplished,

it

&

artists,

in

1999. For the vast majority of

hard to help them improve the today's volatile markets. This

in

designers, and clients

Ethical Guidelines its

manage

member

Marshall Arisman, Guild

alone would justify

of

we work

necessary to compete more effectively

book, for example, helps

history

agreement on behalf

subsequent agreement, with significant

pay raises and improved benefits, was signed our

more than 30-year

fide collective bargaining

their

businesses

since 1982, says that

were the only thing the Guild ever

existence.

History of the Guild 1967 •

1968

Independent national Guild and branch (Chapter) organized initial

membership

charter on

Nov.

2,

of

in Detroit,

113,

1967.

local Guild

who

•

with

Organizing in

of

Cleveland,

Guild

Chapters

Chicago,

New

initiated

York,

Graphic Artists First issue of a

Guild Constitution patterned after that of letter,

Graphic Artists Guild news-

To Date, published

in

Feb. 1968.

the Screen Actors Guild. •

[

and

San Francisco,

signed

410

1

First

annual Guild Art

Show

in Detroit.

1

1976

1970 •

New

York branch (Chapter) charter signed

March •

4 The Graphic Artists Guild

1970.

7,

Guild's

the

Chapter

Detroit Guild

Graphic Artists

Talent Directory

(now known as

advertising agency with ties to Chevrolet/-

Illustrators

General Motors.

Artists Guild.

Major

1971-72

the

first

Guild

merges with Graphic

added

coverage

medical

illustrators.

to

benefits program.

Guild

Detroit

Campbell

against

strike

Guild

Ewald proves unsuccessful due to

•

of Illustration),

Directory

sourcebook to serve the needs of

Campbell Ewald, an automotive industry

•

of

against

strike

calls

the

publication

First

among local area from some Detroit art

and

artists

pressure

studios.

rapidly

Guild after

office

Detroit

of

&

to

Run Your Own

Agents."

1978

while

•

and

build

to

"How

Business" and "Artists

declines

strike,

continue

chapters

other

in

failure

business seminars

first

its

for graphic artists:

solidarity

National

stages

lack of

Graphic Artists for Self-Preservation (GASP)

merges with Graphic

Artists Guild.

function independently. •

1972 •

•

New

York

becomes de

Chapter

Chapters

in

other

New

in

New York.

York Chapter becomes a cosponsor of

the independent Joint Ethics Committee

facto

(JEC)

national Guild headquarters, leading efforts to organize Guild

National Guild office organized

promote the industry's oldest

to

ethical arbitration for industry practitioners.

cities. •

Atlanta Chapter chartered.

•

Creative

1973 •

First edition of

the Graphic Artists Guild's

&

Handbook: Pricing

•

publication

of

forerunner of

Flash,

current national Guild

News

merges with

Favorable decision obtained from Copyright

Royalty First

Guild

Guidelines

Ethical

published as a 20-page booklet. •

Designers

Graphic Artists Guild.

Tribunal

that

raises

fees

improves reporting procedures

newsletter.

PBS

for

and 260

stations regarding use of previously

published

art for

broadcasting.

1974 •

Illustrators

of

founded

Guild

independent

illustrators

group

after

Guild publishes Visual Artists Guide to the

New

Copyright

Law by Tad

Crawford.

successfully

negotiate higher page rates with Children's Television

1979

Workshop, publishers of Sesame

Street magazine.

First

•

Third edition of the Graphic Artists Guild

1975

Handbook: Pricing & Ethical Guidelines

Formation of Professional Practices mittee

National Board of Directors elected.

•

to

help

Guild

members

published as a 48-page booklet.

Com-

resolve

•

disputes with clients.

edition

of

the

Graphic

Artists

Guild Directory of Illustration published as

Second edition of the Graphic

Handbook: Pricing

Second

&

a

Artists Guild's

Ethical

Guidelines

•

published as a 40-page booklet.

156-page book.

Textile Designers Guild Artists Guild.

[

411

]

merges with Graphic

pricing

Long-term targets

legislative

model

promotes

and

drive

laws

legislation

ethical guidelines

Oregon passes an

that

initiated

copyright and tax

federal

&

based on the Guild's model

to

and

establish legal rights for artists at federal

1981-82

Guild's state levels. (3rd ed.)

Model business forms drafted

kind

number

fair

practices

in

Stat.),

law.

Directory of Illustration

published as a 272-page book, largest reference

book

of

its

the United States at the time.

of publishers

1982

results in their withdrawal of work-for-hire

contracts.

•

Indiana Chapter chartered.

•

Fourth edition of the Graphic Artist Guild's

1980

Handbook: Pricing & Ethical Guidelines

First

National Board Convention.

published as a 136-page book.

Boston Chapter chartered.

•

job

(no-fee

referral

begins

•

Business School, geared towards profes-

•

Labor Relations

National

Board investigation and

in filing

an unfair

practices complaint against

labor

the formation of the

in

Responding

Guild

to

proposed

employment

contract.

able to obtain

unemployment insurance and

where

artist

income

at

has

a

primary source

•

Guild forms the Copyright Justice Coalition,

The designers were

photographers and writers, to lobby for work-for-hire

reform

efforts, the largest creators'

as

activities

a

beyond those

as a

labor organ-

of

•

or •

philanthropic associations.

Guild publishes Protecting Your Heirs Creative

Artists

&

and

in

Graphic Artists Guild Foundation organized

New New

for the

passage of

York Chapter succeeds

in

York State

practices law

&

(Sects. 1401

Work by Tad Crawford.

Guild assists

coali-

Arts (NEA) grant for study.

association

purely educational

advocacy

and receives National Endowment

and broader

professional

coalition

join

tion in history.

Favorable ruling from IRS provides Guild

flexibility

Congress.

U.S.

in

organizations

monies due.

which allows

of

an alliance of creators' groups, including

Forty-two

nonprofit status

would

another location and from other

entered into a private settlement regarding

ization,

that

type of work.

ated subsequent to seeking to negotiate an

with

IRS

opposition, rule

Print-a

designers were termin-

after the

Pattern

artists'

Code).

have disallowed a home-studio deduction

Guild assists a group of textile designers a

Assistance provided

withdraws

sionals and taught by professionals.

obtaining

Civil

National Writers Union.

Graphic Artists Guild's

at

passing California's

in

law (Sect. 988 of

pro-

initiated.

Class

Guild succeeds fair practices

Good Works gram)

in

is

becoming the

for various

graphic art disciplines. Negotiation with a

artists'

law (Sects. 359.350-359.365 of Rev.

Law) and

artists'

fair

1403 of Arts

artists'

&

Cult. Affairs

authorship rights law

(Art.

12-J of Gen. Bus. Law).

formation of Children's Book

Author Association (CBAAA).

1984 •

1981 Professional Education Program started by

New York

Cartoonist

Guild

merges with

Graphic

Artists Guild. •

Chapter.

Fifth edition of

the Graphic Artists Guild's

Handbook: Pricing & Ethical Guidelines published as a 194-page book.

[

412

]

1

Fourth

edition

Graphic

the

of

•

Artists

•

Guild proposed a Copyright Justice Act to

•

law by eliminating instances

artists lose rights

in

Albany Chapter chartered. Guild spearheads formation of Artists for

Tax Equity (AFTE) coalition to confront

reform work-for-hire provision of the copy-

intended

which

application

and

uniform

of

requirements to

capitalization

and benefits as creators

of their work.

designers.

grows

Coalition

Guild Foundation drafts ethical guidelines

•

and competitions.

Boston Chapter succeeds

in

of the

edition

Fifth

to

75

million

1

and designers.

artists

1985

tax

artists

all

organizations representing nearly

for contests

with

1988

Committee on

Platform

professional issues.

right

merges

Designers

of

presented before the Demo-

is

National

cratic

Coalition

Graphic Artists Guild.

Guild Directory of Illustration published.

Testimony

4 The Graphic Artists Guild

Directory of

Guild's

Illustration released in 9" x 12"

format and

begins annual publication thereafter.

passage of

state's Arts Preservation Act.

1989 Formation

Communications

Giolito

of

•

Center,

reference

specialized

a

library

Guild's leadership helps

AFTE win necessary

exemption from uniform tax

operated by the Guild Foundation. for

National Legal Referral Network established.

all

artists

capitalization

and graphic designers through

a "technical correction" to the tax law.

Traveling education workshops established.

•

through

Guild,

Copyright

the

Justice

Supreme Court sculptor James Earl

Coalition, helps convince the to decide in favor of

1986

Reid

Contract terms renegotiated with Children's Television

Workshop concerning low pay

and work-for-hire

issues. •

in

Technology Assessment regarding

members

presented

on

work-for-hire

1990

(inter•

moral

Testimony

agreement.

on Patents, Copyrights, and Trademarks.

Congress

testify before U.S.

support of Berne Convention

national

for hire for freelancers in the a written

abuses to Senate Judiciary's Subcommittee

impact of technology on the profession. Guild

the landmark decision that virtually

absence of

Testimony presented before Congressional Office of

in

ends work

copyright agreement concerning

Atlanta Chapter helps win

Georgia,

artists

in

obtain

written

protection for

requiring

printers to

rights).

clearance for

authorization

all

print orders

of copyright

over $1,000.

1987 At-Large

•

Chapter organized to

unaffiliated

members

provide

with

Guild, together with the Institute

National

ers),

Professional

called Grievance)

Sixth Guild's

edition

Practices

(currently

of

SEGD

the

working

graphic designers

Graphic

Artists

&

Ethical

Pricing

begins

Guidelines published as a 208-page book.

[

to

clarify

sales

tax collection guidelines for illustrators and

Committee organized.

Handbook:

AIGA (American

Graphic Arts) and the

(Society of Environmental Graphic Design-

Board representation. National

of

413

]

in

New

York State.

pricing

&

ethical guidelines

1994

1991

Expanded and updated 7th

edition of the

Society of Professional

Seattle's

Graphic

Graphic Artists Guild's Handbook: Pricing

Artists,

&

the Guild as the SPGA/Seattle Chapter.

Ethical Guidelines published as a 240-

page book. Three printings bring the

founded

the 1950s, merges with

in

total

Eighth edition of the Graphic Artists Guild's

number

of copies in circulation to 53,000.

Guild takes leadership role

published. Updated

health-care crisis for artists and designers,

and information,

formally endorsing

300

universal

health-care

legislation in Congress. Steps are taken to

pages,

Guild and

and

artists

Ethical Guidelines

it

has grown to nearly

an

with

printing

initial

ASMP

back

dedicated to this goal.

widow

of illustrator

1992

contracts

ownership lawsuit

(Dumas

Playboy

against

concerning

vs.

stamped on the back

payment checks. (See Chapter

Requirements

Rights and Issues.)

Graphic Designers and

Playboy),

work-for-hire

after-the-fact

Guidelines for the Interpretation of Sales Tax

Illustrators,

of

organizations Patrick Nagel in copyright

for

is

design, organization,

in

approximately 30,000 copies.

organize Artists United for Universal Health, a coalition of arts

&

Handbook: Pricing

addressing

in

of artist's 2,

Legal

formulated by the Guild, AIGA,

New York

and SEGD, are approved by

State

1995

Department of Taxation. Northern California Chapter chartered. Guild organizes "Eye to Eye,"

its first

national

Guild takes proactive lead on electronic rights

conference and trade show, celebrating 25 issues, organizing "Clients vs. Creators:

years of advancing the interests of creators.

Struggle

Over

an

E-Rights,"

The

industry

roundtable featuring Bruce Lehman, U.S.

1993

Commissioner

of Patents

and Trademarks.

Chicago Chapter chartered. Guild

Labor Relations Board

National

the

Guild

the

as

artists

employed

successfully

Thirteen/WNET on

at

designers

Thirteen/WNET (Educational Broadcasting

pay,

negotiates

bargaining

collective

bargaining

exclusive

agent for the graphic

certifies

it

its

agreement

behalf

of

the

first

with staff

represents, improving hours,

and other working conditions.

Corporation), a publicly funded television

New

station in

Immigration relies

York

and

upon

City.

1996

Naturalization

Guild

the

to

Service

Guild

provide

organizations and launches "Ask

organizes coalition

of

16

references for foreign artists seeking tem-

copyright awareness campaign

porary work visas.

to

Guild

Disability

ting

produces

Foundation

winning set of

disability

Access Symbols

Accessible

Places

an

end unauthorized use of images

award-

Guild reaches understanding with American

Promo-

Society of Media Photographers (ASMP),

Programs,

National Writers Union (NWU), and Copy-

Project:

and

assistance of the NEA's Office for Special

digital licensing

bols

Project

hard-copy

Disability

(available

formats)

in

was

for

access symbols,

right

The

a

intended

client presentations.

produced with the support and technical

Constituencies.

industry First,"

Access Sym-

Guild

both disk and distributed

Clearance Center (CCC) to establish agency.

reaches agreement with

Kopinor,

the Norwegian reprographic rights organi-

to zation, to

hundreds of government and nonprofit organizations.

[

accept distribution of royalties

attributed to U.S. illustrators

414

1

and designers.

1

•

Guild adopts

•

strategic plan to adapt

its first

•

Guild's

World Wide

Web

site

negotiates

on behalf

on the Internet

second

its

collective

of the staff designers

it

represents,

improving pay and working conditions.

activated: www.gag.org.

is

Guild

Guild

bargaining agreement with Thirteen/WNET

changing industry conditions.

to

4 The Graphic Artists

1999 Walter Hortens Distinguished Service

•

Awards: graphic designer and writer DK

1997

Holland wins Professional Practices Award; •

•

Portland, Oregon, Chapter chartered.

The Graphic

Guild

Artists

Legal

Robert Kanes,

Defense

Award

a Special

Ninth edition of the Graphic Artists Guild's

Handbook: Pricing with

published,

&

Ethical Guidelines

313 pages.

•

1998

•

Thirty

Years of Raising Standards puba

Guild

medical illustrators against Advanstar

18

Communications,

the Guild's mission and services. et •

al. v.

Walter Hortens Distinguished Service

First

•

Award

(to

{Teri J.

Inc.

McDermott,

Advanstar Communications,

Inc.).

president from the West Coast elected:

First

be given annually) presented to

Jonathan Combs of the SPGA/-

illustrator illustrator

cases:

case against

Kelly's

Arriba Soft Corporation and the lawsuit by

history,

and information about

material,

archival

efforts,

groundbreaking

potentially

photographer Leslie lished,

lobbying

others.

The Guild Legal Defense Fund supports

two

Southern California Chapter chartered.

of

of

Copyright rate hike contained to S30 rather than $45 due to Guild

compendium

given

is

More than

among

•

is

Advancement

for the

Creators' Rights.

70,000 copies sold.

•

PCWorld, wins

Peters, U.S. Register of Copyrights,

Fund founded. •

art director of

Outstanding Client Award; and Marybeth

Milton Glaser for his "unswerving Seattle Chapter.

devotion to the

issues confronting the

profession and for focusing wide attention his

on those issues"

public

stand

against

•

public

(specifically

Chrysler

the

First

Lifetime

sented to

Achievement Award

Simms Taback

for

pre-

Illustration

being of

illustrators, to help artists

is

community

defend

and to make the

control their rights,

a truly

ness and creative force.

more than 20

(C4I)

to

illustration •

for

preserve the economic well-

initiated

and

Corporation's preemptive editorial policy).

Campaign

The

cohesive busi-

three

Its

components

are education, action, and community.

years of service to the Guild. •

Guild launches Contract Monitor, an elec-

2000

tronic newsletter analyzing industry contracts. •

Guild right

opposes projected fees

registration

and

raises

launches

in

•

2000 Walter Hortens Distinguished Service

Awards:

copy-

illustrator

Brad

Holland

wins

Professional Practices Award; Steven Heller,

copyright

art director of

campaign.

The

New

York Times Book

Review, wins Outstanding Client Award; •

Revised Code of Ethical Practice adopted.

and Jonathan

Tasini,

president

of

the

National Writers Union and lead plaintiff

1999 •

After

in

the groundbreaking electronic rights lawsuit a

nearly

appropriate

20-year

union.

search

Guild

for

an

Tasini, et a I.

membership

votes by three-to-one margin to

is

with the United Auto Workers, creating

Philadelphia

Local 3030.

chartered.

[

415

]

New

Award

York Times, et for the

al.,

Advance-

of Creators' Rights.

UAW •

The

given a Special

ment

affiliate

v.

and DC/Baltimore Chapters

&

pricing

ethical guidelines

Taking Action The Graphic York

City.

Artists Guild

Massachusetts; Chicago, California;

and

a national organization

is

Local Chapters of the Guild exist

New

Seattle,

whose headquarters

New

Albany,

in

are located

San Francisco,

Washington. An At-Large Chapter serves those individuals

who do

California;

not reside

Unlike other graphic arts organizations dedicated to promoting "excellence

graphic design" or "advancing illustration," the Guild

constitution "to advance and extend the

members" and

economic and

mandated by

is

its

social interest of [our]

"promote and maintain high professional standards of

to

and practice and to secure the conformance of

ethics

buyers, users, sellers,

all

and employers to established standards." Foremost among the Guild's

and nonmembers nationally

and

and pricing

alike

at the

activities

Chapter

means

a

graphic

members

artist.

Both

the Guild organizes programs on negotiation

level,

management, and other

strategies, tax issues, self-promotion, time

and

large,

taught

in art

schools.

The Guild

for experienced artists to share their understanding of the

advertising, publishing, artists at

the ongoing effort to educate

is

about the business of being

essential business skills that are not, by

provides a

and corporate markets with young

the Guild for the information and networking

it

offers

artists

and

a

way

for

many

artists join

and are drawn

into other

every level to share concerns and information.

In fact,

activities as well.

The bottom help

line,

members

though,

is

work

—the

get not only jobs but

more the

good jobs

better.

The Guild wants

to

that recognize the valuable

contributions of graphic artists financially and otherwise.

One way

is

through

the Graphic Artists Guild Directory of Illustration (published annually by Serbin

Communications), whose purpose marketing executives,

the right assignment. Artists find

listing

job opportunities

it

easier for advertising agencies,

to long-term

New

and

to find the right artist for

of the best advertising values around.

areas of the graphic

in all

limited to the it

one

it

make

and design firms

News,

offers the national Jobline

and part-time

does

to

is

art directors,

The New York Chapter

arts,

a

weekly newsletter

ranging from freelance

full-time staff positions. (Job offerings are not

York area.) The Guild does not guarantee job placement nor

act as an agent or a representative.

The

by mail,

service, available

and e-mail, merely provides an inside track to job opportunities. Clients can opportunities

by phone,

in

the Jobline

News

fax, mail, or e-mail

Guild Chapters

in

a

and completing

modest yearly

fax, list

free of charge by contacting the Guild office a classified advertisement that

includes the job description and contact information.

and students pay

New

DC/Baltimore, Maryland; Indianapolis, Indiana; Los Angeles,

Illinois;

York; Philadelphia, Pennsylvania; Portland, Oregon;

or near a geographic Chapter.

in

in

York; Atlanta, Georgia; Boston,

Members, nonmembers,

fee to subscribe.

Boston, Chicago,

New

York, Northern California,

hold annual illustration trade

shows where the work

a steady stream of art buyers

from a wide range of venues

the available talent.

[

416

]

of illustrators

and Seattle

is

viewed by

who come

to survey

in

1

But the Guild doesn't just help

artist

4 The

members cope

the market stacks the deck unfairly against

do something about

Graphic Artists Guild

with the market as

artists,

the Guild

whether through education,

it,

members have

direct intervention. Guild

successful lobbying on behalf of artists

developing trail-blazing

is.

legislative advocacy, or

in state,

federal,

and regulatory venues,

on professional practices and

publications

When

established a strong track record of

and establishing educational seminars and group

strategies,

it

determined to

is

health,

pricing

and

life,

disability insurance plans.

Through lobbying, the Guild has helped strengthen copyright laws, ease the tax burden on freelancers, and gotten the graphic

artist's

point of view heard

the national health-care debate. The National Grievance Committee helps bers resolve grievances, which

Since knowledge Guild

makes

helps reinforce industry standards.

turn

in

power, especially

is

the communication industries, the

in

members informed through

special efforts to keep our

in

mem-

newsletters,

programs, and events. Active

membership

advancement all.

the Graphic Artists Guild

in

Today most graphic

is

way

the best

to ensure the

and equitable professional conditions

of creators' interests

for

the Guild to act together to protect their

artists join

professional integrity and their art by sharing information, discussing problems in

the industry, and working to improve the profession. Guild

communicating with each other

together,

on contract issues,

of the group,

The Campaign One example positive

role

to recover the

and

members work

advantage of the experiences

artists' rights legislation.

for Illustration

of taking action

which was

tration (C4I),

pricing,

to take

that

is

ground

illustrators

for Illus-

1999 to support, preserve, and promote the

play

illustrators

Campaign

the Graphic Artists Guild's

initiated in

in

have

the creative

life

lost in the recent past. C4I

to help illustrators fight for their rights as a unified force

and

of this country

was designed

on three major

fronts:

education, action, and community. •

Education: Everyone cators,

who works

and students, needs

ing the industry-

A

to

with illustration, including

artists, clients,

be better informed about the

many

edu-

issues affect-

variety of activities are being planned to address each con-

stituent group. For instance,

are being run in trade

ads for the Campaign Against Royalty-Free Images

magazines to inform

artists

about the various problems

related to this type of work. •

Action: their

A

own

range of

activities are

planned, from helping

artists

promote and

sell

stock to promoting legislation that would allow artists to bargain col-

lectively.

•

Community: The goal

is

to create large, unified blocks of illustrators

formed about the issues and by working together To learn more about the Guild's

Web

site,

willing

who

are

in-

to work together to bring about change. Only

be able to turn the tide

will illustrators

C4I, contact the National Office of the

www.gag.org.

[

417

]

in

their favor.

Graphic Artists Guild or

pricing

Member

addition to

of

its

World Wide

a

Guild's

or, in

Web

Web

dictate

When

region.

beyond any one Chapter, possible action

members

all

it

often

is

an issue

portfolio area for

is

referred to the

National

all

Board in all

Most Chapters publish quarterly

—www.gag.org—features

regional

Chapter

disciplines,

its

own programs

recognized as a concern that extends

the case of successful events, implementation

site

site

the Guild projects, benefits, and services.

programs, each Chapter of the Guild organizes

national

needs of

to serve the

The

ethical guidelines

Benefits and Services

The needs and concerns In

&

assessment and

for

Chapters.

their

own monthly

covering

newsletters,

issues

The Graphic

Contract Monitor, an electronic newsletter that

of

announcing meetings and

interest,

programs, and reporting on members'

homepages highlighting events and programs, news briefs, and links to related organizations.

or

activities.

Artists Guild

Directory of Illustration

analyzes industry contracts, alerts readers to

by Serbin Communications and

contract problems and tracks the relationship

Published

between graphic

sponsored by the Graphic

Artists Guild, this

advertising

illustrators

Artist-to-Artist Artist-to-Artist

Guild's

Guild

Web

artists

Web

and publishers.

a is

part

This service

site.

is

free

open

to

more information

questions about professional issues, such as

Whether

it's

800.876.6425.

promoting the business of

or updating the

&

a

national

art

communication

supply stores, and teaching

institutions with art

and design programs.

how

interest.

Some may

(related

to

be discipline-specific

graphic

design,

illustration,

surface/textile design, multimedia, cartooning, It

or computer design); others appeal to the broad

features a wide variety of issues affecting

graphic artists and

art

compete

to

throughout the year on topics of special

published bimonthly and distributed

members,

many skills needed

effectively in the market, the Guild offers events

local newsletters

The Guild News, to

at

Professional education programs

and know-how. Discussion

topics often target problems in the field.

is

in

are seasoned professionals share

their experience

vehicle,

pages

reserve

or to

Directory of lllustraton, contact Serbin

Communications

mem-

pricing, contracts, or negotiating. Guild

National

to

and buyers around the world. For

art directors

members and nonmembers who have

who

distribution

of the

the

bers

offers

members and has more than 251,000

discounted rates for Guild

Forum

Web Forum

directory for

spectrum of Guild members (such topics as they work.

It

also

negotiation,

provides updated information on programs,

marketing, self-promotion, and

Members

planning).

financial

receive

legislative initiatives, legal issues, hotline tips,

announcements

book reviews, event calendars, and other items

specific

of national articles

and

local interest.

Submission of

and artwork from members

is

encouraged

their for

activities.

to

general

and

discipline-

meetings from individual Chapters

and through the national Guild News.

welcome

Another

(subject to the editor's discretion). Chapters

are

for

component

the

of

curriculum development for

submit pages detailing

which teachers

Subscriptions are available

$12 per year for nonmembers (contact the

who

are

program

art

schools,

members

Guild

share information about professional practices

on the undergraduate

National Office for further information).

level.

The Guild also

sponsors courses and workshops tion

with

art

schools,

in

coopera-

undergraduate

departments, and related organizations.

[

is

in

418

1

art

1

able to refer

Professional practices moni-

&

toring

4 The Graphic Artists Guild

als

dispute resolution

who

members

to insurance profession-

can evaluate their special needs and

design customized protection packages.

The national organization monitors problems throughout the industry and tracks

that occur

issues

concerning

Artist locator service

standards, practices, and pricing.

Most Chap-

The

Guild's National Office receives

dozens of

calls

each week from potential clients

who have

member complaints on ters offer grievance

who have

members

procedures for

seen an

contractual or professional disputes

work but don't know how

artist's

Then

members

with clients. These Chapter committees help

to locate the artist.

resolve disputes through informal contact with

contacted by the Guild on behalf of the pro-

the client.

If

the dispute

is

spective client. (Note that addresses and

not resolved through

committee assistance, the

local

artist

artist

may

numbers

of

members

not

Committee. The national committee reviews

instructed otherwise by the member.)

makes recommendations

grievances,

communicates with the

action,

may

and

members

Network

listing

has a

who have been

their familiarity

with

issues and,

have

Georgia;

Boston,

California;

in

Portland, Oregon;

available

in

New

San Francisco,

and Washington, D.C.

and sourcebooks, as well as

in

discount

their areas so that local

Chicago,

Meetings

networks

most Guild Chapters. Programs on such issues

California;

may

(referrals

&

Regular membership meetings are hosted by

York City;

as negotiating, pricing, resource sharing, or self-

not be

promotion are highlighted. Members are able

other areas of the country).

to confer directly with peers

Insurance

the

The Guild provides members with access life,

Through

and

its

companies

members

off art supplies

and services.

keep updated on the

health,

programs with

can receive from 5 to 20 percent

Los Angeles,

Indiana;

Miami, Florida;

and car

York; Atlanta,

Massachusetts;

Indianapolis,

Illinois;

New

developed

suppliers

some cases, their willingness to work with our members for reduced fees. Network attorneys are available in Albany,

calls,

National Office for details).

books and trade publications. Many Chapters

selected because of

artists'

overnight delivery

long-distance phone

talent directories

attorneys and accountants around the

country

supplies,

office

Discounts are also available on most popular

system

referral

offers

discounts on such useful services as

rentals (call the

questions particular to their type of Guild

and

services,

Because independent contractors often face

the

specifically

Through various agreements, the Guild

art

legal

unless

Discounts

witnesses for court cases.

business,

callers

for further

client,

also provide support letters and expert

Legal Referral

to

phone

are confidential and are

submit the case to the National Grievance

available

are

offer

to

and

socialize.

developments

Some

monthly get-togethers

for

longtime relationship with the

in

Chapters also

members

particular discipline (such as children's

disability insurance coverage.

offering these plans, the Guild

field,

on business issues,

latest

of a

book

illustrators or cartoonists).

is

National Board of Directors The National Board of of elected artist

board meets

Directors,

members. Each

at least

which has oversight responsibility local

for the organization, consists

Chapter has representatives on the National Board. The

full

twice a year to establish goals and priorities, share information on program

development, and approve the organization's budget.

[

419

]

pricing

The Graphic The Graphic

&

ethical guidelines

Artists Guild Foundation Foundation was formed

Artists Guild

1983 to "foster, promote, and advance

in

knowledge, appreciation, and understanding of the graphic

greater

arts. ..including

the

presentation and creation of the graphic arts; activities designed to promote, aid, and advance the study of existing works, and to promote the creation, presentation, and dissemination of

works; to sponsor workshops, training sessions, symposia,

endeavors." Further, the Foundation's constitution states

lectures,

among

goals that

its

new

and other educational it

is

"to help

monitor and establish rules governing industry practices and to contribute to modifying these

when

necessary."

The Foundation receives grants and donations conduct

to

studies

industry, the public,

instance,

it

that

benefit

will

and the

more

partially

art-related contests

and competitions. The study assessed the nature

of

developed

set

a

The Foundation also administers the

Giolito

Communication Center,

library

more than

communications directory

1993, with the support and assistance of the

Foundation developed the Disability Access

at a

Symbols

in

Promoting Accessible Places

and Programs. These 12 graphic symbols communications needs

firms,

agencies,

not-for-profits,

entities

who need

to

show

and

Artists

Foundation pro-

Guild

and bequests to advance the interests of artists.

symbols and accompanying

sent text

were reviewed by more than 15 organizarepresenting

tions

people

with

also

nominal fee when reservations are made

Donations, which

are

the fullest extent allowed

impairments. To achieve stan-

The center

workstation available for use

services are accessible to people with mobility,

dardization, the

talent

vides an avenue for tax-deductible donations

other

sight, or hearing

industry

wide assortment

advance.

programs and

that

Mac

The Graphic

design

of

an a

of graphic software programs.

provides a

assist the

and

archive,

NEA's Office for Special Constituencies, the

Project:

and

books

1,000

field,

standards for these events. In

reference

a

periodicals on subjects related to the graphic

guidelines and

of ethical

800.500.2672 for

call

information.

containing

and competitions and

contests

Please

ducible slicks.

arts in general. For

undertook a two-year study,

sponsored by the NEA, of

floppy disks (DOS or Mac) and as repro-

the

to

the

Foundation

deductible to

by law, can be c/o

the

Graphic

Artists Guild. Please

make checks payable to the

Graphic

Guild

Artists

Foundation.

Call

various

800.500.2672 for further information. disabilities

connection

in

with

the

design

community. The symbols are available on

The Graphic The purpose that

Defense Fund founded

of the Guild's Legal Defense Fund,

may have

graphic

Artists Guild Legal

industrywide impact or

artists.

may

in

June 1997,

is

to support cases

set a precedent that could affect the

working

Requests for assistance are referred to the Guild's National

lives of

Public Affairs

Committee, which makes recommendations to the Executive Committee. The Executive Committee

makes the deciding vote on which cases

Some

v.

receive support from the Fund.

by the Fund include the National Association of Freelance

recent cases supported

Photographers

will

the Associated Press, Kelly

Advanstar Communications, Contributions to the

v.

Arriba Soft,

and

Teri J.

McDonald,

et

al.

v.

Inc.

Fund are gladly accepted; checks should be made out

Artists Guild, with a note in the

memo

section indicating Legal Defense Fund.

[

420

]

to

Graphic

I

4 The Graphic Artists Guild

On Joining the Guild When you

making

join the Guild, you're

graphic artists deserve the

same

a very definite statement of

respect society affords other professionals.

may

Joining the Guild affirms the value of artists

Joining the Guild

working together to improve standards of pay

vehicle for contract

and working conditions

employer

is

the industry. Joining

your

an endorsement of the highest standards

of ethical

conduct

Joining the Guild the

and

rights

legislative

book). to

in

in

is

the marketplace.

of

artists

your

even with

under the proper conditions.

who

contact with oth-

in

share your concerns.

It's

a

and business

way skills

with your colleagues.

The Graphic

end the widespread abuse of the copyright

Artists Guild

is

the only union

in

the United States dedicated to advancing the

law's work-for-hire language, our successful

interests of professional artists

unfair taxation of artists, our If

you want to work together

dedication to universal health care, and our tive

change

empowerment.

to creator

—with

a staff artist or

to share ideas, information,

through

reform (as noted throughout this

commitment

client,

er artists

For example, our ongoing advocacy

campaign against

you are

if

provide you with a

bargaining

Joining the Guild puts you

joining the effort to advance

interests

your conviction that

society,

and designers.

promote

to

for artists in the marketplace

you belong

in

posi-

and

in

the Guild!

Graphic Artists Guild Membership Application The Graphic

When you

Artists Guild,

join the Guild,

servicing your area.

Chapter. For

If

UAW

you

there

Local 3030,

is

a national organization with

join the National organization

is

no

local

and are assigned to

Chapter near you, you

will

local

chapters.

a local

Chapter

be assigned to the At-Large

more information about the Guild, call 800.500.2672 or visit the Web site (www.gag.org).

Your membership

is

effective

upon the

Guild's receipt of a completed, signed application,

the application fee, and the appropriate dues amount. Please allow three to four

membership

weeks

to receive

material.

For questions about membership,

call

Membership Department

the

at

212.791.3400 or

e-mail to [email protected].

Please complete

all

portions of the application

with the application fee and dues

90 John

St.,

Suite 403,

New

payment

York,

NY

to:

(at

10038-3202.

completed application to 212.791.0333.

[

the end of the book), sign

Graphic Artists Guild,

421

]

If

UAW

it,

and return

it

Local 3030 AFL-CIO,

paying by credit card, you

may

fax the

•C\C

[

422

]

Tic Graphic

T>~\(

to

need

artists

a

wide range of resources

keep up with the demands of their profession. The

Graphic Artists Guild has collected the information

chapter over the course

this

chapter

This of

in

and

resources as

it

visual

communications indus-

a

cations,

effort

has

provide

the

sites

made

to

—that

glossary

most up-to-date contact

very

things

quickly

— books,

can

these

related

publi-

and

markets

the

Guild

defining

organizations,

shows,

book

is

Please

notify

the

also

provided.

Guild

of

additional resources that can be included in the next edition.

[

423

1

A

terms used throughout

change

days.

Web

recommends.

infor-

the

mation,

references

directories,

merchandise

Though every

been

valuable

service to the

offers

try.

many

the

lists

and

decades

three

its

pricing

The Graphic

Artists Guild

& ethical

Bookshelf

These books and audiocassettes are available from the Graphic

NY

New York,

403,

guidelines

Artists Guild,

10038 by prepaid check or by Visa/MasterCard. To order,

call

90 John

are entitled to a

The

&

Monona

15% discount

Complete

Artist's

Health

applicable on orders mailed to addresses

is

Snyder illustrations by Joseph Montague 176 pages $14.95.

|

craft materials that

may

contain

toxic chemicals or environmental

pollutants so

workplace

you can make your

safe.

Business & Legal Forms Graphic Designers Tad Crawford & Eva Doman Bruck rev. ed. CD-ROM (Mac/PC) 240 pages $24.95.

for

|

|

|

Everything you need to know about the safe use of art or

|

|

|

New York

State. Guild

New

York

members

price.

Jill

$19.95.

|

list

Caring for Your Art

Safety Guide Rossol 2d ed.

344 pages

off the

in

Suite

800.500.2672, ext.

100 or e-mail [email protected]. Be sure to inquire about shipping and handling charges. sales tax of 8.25%

St.,

Step-by-step guidance for the safekeeping of artwork, with

Electronic Design & Publishing Business Practices

Liane Sebastian 2d ed. 216 pages $19.95. |

|

Guidelines for print production: ethics, roles, responsibilities,

ways to store, handle, document, photograph, pack, transport, insure, and secure

ership,

your

tion.

the best

art.

The Digital Designer: The Graphic Artist's Guide to the New Media Steven Heller& Daniel Brennan 154 pages $29.95.

communication,

own-

policies,

and procedures. Includes both traditional and computer producIdeal for buyers of design, managers, writers, desktop publishers, graphic designers, art

photographers, illustraprepress houses, color separ-

directors, tors,

ators,

and printers.

|

Business

Forms

&

for Illustrators

Tad Crawford rev. ed. CD-ROM (Mac/PC) 192 pages $24.95. These two success kits for illustrators and graphic designers provide complete sets of business and legal forms, sample contracts, and a wealth of information to meet the needs of |

|

creative professionals.

The Business

Digital Property:

Currency

of the 21st Century

|

$16.95.

essential

and immensely

creative online content. In clear,

get exhibited,

find a

Also covers education and

work choices, health and safety issues,

find this a

life will

readable guide to managing, protecting, and profiting from

understand contracts, work, use agents and publi-

cists.

everyday

valuable resource.

An

|

sell

for

Leslie Harris

|

to dealer,

challenge the role of today's graphic designer. Everyone who uses multimedia either as a creative medium or as a tool

240 pages

of

Being an Artist Daniel Grant 3rd ed. 352 pages, $19.95.

How

the unique new forms of communication used in multimedia and how they

Examines

Legal

and how to obtain grants

and commissions. Careers by Design: A Headhunter's Secrets

Success & Survival in Graphic Design Roz Goldfarb rev. ed. 224 pages $18.95. The well-known president of a

for

|

|

leading New York City graphic design personnel agency offers her prescription for success in the industry.

nontechnical language, Harris, an expert in copyright law who consults on legal issues relating entertainment, the arts, to technology, and information, explains the tremendous value of intellectual property to content providers.

How to

Survive and Prosper as an Artist Caroll Michels 4th ed. 316 pages $14.95. |

|

Subtitled

"Selling

Yourself

Without Selling Your Soul, " this is a no-nonsense, practical, creative guide that has sold more than 70,000 copies. Designed to help artists launch

and sustain their careers, this newly revised edition includes a chapter on career blocks as well as updated computer and Internet information.

Legal Guide for the Visual Artist Tad Crawford 4th ed. 272 pages $19.95. |

|

Expanded and updated, the fourth edition is a complete revision, not only providing updated legal information, but also covering the ever-increasing importance of new media electronic rights. Twentyfour chapters cover such topics as copyright, contracts, censorsales ship, moral rights, (by artist, gallery, or agent), planning, estate taxation,

and Director Demystified

Jason Roberts 500 pages CD-ROM $39.95. Real-world projects explain Macromedia Director. Each project can be assembled using graphics, sounds, and text CD-ROM. included on the Includes beginning level as |

|

as advanced Director techniques and a primer on powerful Director's Lingo, scripting language. well

[

424

]

museums,

collecting,

and

grants. The book suggests basic strategies, gives information to help with further action,

and contains many sample legal forms and contracts.

15 Resources & References

Legal-Wise: SelfHelp Legal Forms Carl Battle

in

208 pages

|

|

$18.95.

Ready-to-use forms for a living trust, power of attorney, simple divorce, protecting ideas and copyrights, and much more.

handbook.

management, financial management, and project management offer a wealth of detailed information about everything from budgets to time manage-

ment

Licensing Art & Design: Professional's Guide to Licensing and Royalty Agreements

thorough

this

Chapters dealing with practice management,human resources

to individual productivity.

Advice is based on case studies of 20 successful small design practices in the U.S., ranging from solo practitioners to 15-

A

Caryn R. Leland rev. ed. 128 pages $16.95.

member

|

firms.

to licens-

ing and royalty agreements. Includes strategies for negotiating licensing agreements to help you maximize royalties and a negotiation checklist to help you evaluate the deals you are offered.

A

Practical

Guide to Working

with Graphic Designers Albany Chapter of the Graphic Artists Guild 1 6 pages |

10/$18«25/$42.50 50/$80« 100/$ 150.

A

nifty,

succinct pocket guide designers to give

for graphic

Looking Closer:

them almost everything they need to know. Packed into this 4 5/8 by 6 1/4-inch format is an amazing amount of information, clients that will tell

Critical

Writings on Graphic Design Introduction

256 pages

Steven Heller

•

$18.95.

|

A

collection of the best contemporary writing about graphic design, including essays about

isms, the technology, and the role of design in the inspiration,

ethics,

impact of the

new

larger culture.

The Macintosh Bible Sharon Zardetto Aker 7th ed. 1,040 pages $29.95. Completely revised from the |

|

best-selling edition, the 7th edition is packed with informalast,

tion

on computing basics, the

Internet,

Mac

applications,

and

software updates, including coverage of MacOS8.5, kid's software, and multimedia.

Make

It Legal Lee Wilson 272 pages $18.95.

Protecting Your Rights & Increasing Your Income

(60-minute audiocassette) 1990 $12.95. |

|

This 60-minute tape provides the basics of copyright law for authors, graphic designers, illustrators, photographers and covers everything artists need to know about handling contracts.

Real World Scanning and Halftones

|

A guide

including estimates, contracts, authors' alterations, scheduling, the approval process, questions to ask the designer, and the all-important pricing and payment process. Also includes a sample production schedule. Order in packs of 10, 25, 50, or 100 from the National Office.

Tad Crawford

to copyright, trademark,

David Blatner & Stephen Roth 296 pages $24.95. |

and

advertising designers, advertising copywriters, art directors, producers, photographers, and illustrators. libel,

laws

for

false

graphic

Management for the Small Design Firm Jim Morgan 176 pages |

|

$45.

Every problem that managers of small firms face is addressed

time and money by mastering digital halftone processing everything from scanning images and tweaking them on your Mac to imagesetting them. You'll learn about optical character recognition

Save

—

software, gamma control, sharpening, moires, PostScript halftones, Photo CD, and imagemanipulating applications like Photoshop and PhotoStyler.

I

425

Don Sparkman 256 pages

]

|

2d ed.

$19.95.

|

how

Discusses

to find clients,

develop lasting relationships, write effective proposals, offer the right design solutions, and provide services to fit a client's

needs and budget.

Time Management Person 283 pages $14.

for the Creative

Lee Silber

Designed

|

A professional's guide

Selling Graphic Design

|

|

for right-brain

who know

people

too well that creativity doesn't always follow a time clock, this book recogcreativity nizes that their and original thinking can also provide innovative solutions to these problems. Scores of practical tips on how to get control of time and see the clock and calendar as allies, rather than enemies. all

pricing

Recommended Reading Battle, Carl

W.

&

ethical guidelines

Heller, Steve,

and Fernandes, Teresa.

The Business

of Illustration.

York: Watson-Guptill, 1995.

Senior Counsel: Legal & Strategies for Age 50 & Beyond. New York: Allworth Press.

Financial

Caplin, Lee Evan.

The Business of Englewood, NJ:

New

York: Watson-Guptill, 1998.

Art.

Prentice-Hall, Inc., 1982. ,

The Education

dayman,

Toby, and Steinberg, Cobett.

New

The Artist's Survival Manual: A Complete Guide to Marketing Your Work.

New

Allworth Press,

,

and the School of Visual Arts. The Education of a Graphic Designer.

York: Charles Scribner

&

and Arisman, Marshall, eds. of an Illustrator.

York: Allworth Press, 2000.

Howard, Rob. The Illustrator's

Sons, 1984.

New

Bible.

York: Watson-Guptill, 1992.

Cochrane, Diane.

The Business

New York:

of Art.

McCann, Michael. Beware: The Hazards and Precautions of Working with Art and Craft Materials.

Watson-Guptill, 1978.

Artist

Colyer, Martin.

How to

Find and

Cincinnati,

Work with an

Illustrator.

New York:

North Light Books, 1990. Craig,

Watson-Guptill, 1979.

OH: Magid, Lawrence J. Little Quicken Book. Francisco: Peach Pit Press,1996.

The San

James.

Designing with Type, 4th ed.

New

York: Watson-Guptill, 1999.

Metzdorf, Martha.

The Ultimate Cincinnati,

Production for the Graphic Designer. New York: Watson-Guptill, 1990.

Portfolio.

OH: North Light Books, 1991.

Miller, Lauri.

Promo Crawford, Tad, and Kopelman, Arie. Selling Your Graphic Design & Illustration. New York: Allworth Press, 1981.

and

2:

The Ultimate

in

Graphic Designer's

Self-Promotion. Cincinnati, OH: North Light Books, 1992. Illustrator's

Newberry, Betsy. Davis, Sally.

Designer's Guide to Marketing. Cincinnati, OH: North Light Books, 1997.

Guide to Self-Promotion. Cincinnati, OH: North Light Books, 1987.

The Graphic Marketing

Artist's

&

Oldach, Mark. Creativity for Graphic Designers. Cincinnati,

Creative Self-Promotion on a Limited Budget: For Illustrators and Designers. Cincinnati,

OH: North Light Books, 2000.

Rixford, Ellen.

OH: North Light Books, 1992.

3-Dimensional Illustration: Designing with Paper, Clay, Casts, Wood, Assemblage, Plastics, Fabric, Metal, and Food.

Evans, Poppy. Graphic Designer's Ultimate Resource Directory. Cincinnati, OH: North Light Books, 1998.

New

York: Watson-Guptill, 1992.

Roberts, Jason.

Fleishman, Michael. Getting Started as a Freelance Illustrator or Designer. Cincinnati, OH: North Light Books, 1990

Gordon,

Elliott

&

How to Sell Your & Illustrations. Cincinnati,

Director Demystified.

San Francisco: Peach

Pit

Press, 2000.

Sedge, Michael. Successful Syndication: A Guide for Writers and Cartoonists. New York: Allworth Press, 2000.

Barbara.

Photographs

OH:

Sellers,

Don.

How Your Computer Can Hurt You— and What You Can Do About ZAP!

Writers Digest Books.

It.

San Francisco: Peach Starting Your Small Graphic Design Studio. Cincinnati, OH: North Light Books, 1993.

Pit Press,

Sparkman, Don. The Design & Printing Buyer's Survival Guide. New York: Allworth Press, 1995.

[

426

]

1994.

15 Resources & References

Folio

Stewart, Joyce.

How

Make Your Design Business

to

Cincinnati,

Profitable.

Riverbend Drive S. Box 4272, Stamford, CT 06907-0272 203.358.9900 11

OH: North Light Books, 1992.

P.O.

Wilde, Judith, and Wilde, Richard.

A Conceptual Approach Problem Solving.

USA

Visual Literacy:

Graphic Design:

to Graphic

Kaye Publishing 1556 Third Avenue, Suite 405,

New

York: Watson-Guptill, 2000.

Williams,

New

Theo Stephan.

The Streetwise Guide to Freelance Design

&

NY

10128

|

212.534.5500

Graphis Magazine

Illustration.

Cincinnati,

York,

NY

141 Lexington Avenue, New York, 212.532.9387 800.351.0006

OH: North Light Books, 1998.

10016

|

Yeung, Mary.

HOW F&W Publications

The Professional Designer's Guide to Marketing Your Work. Cincinnati, OH: North Light Books, 1991.

1507 Dana Avenue, Cincinnati, 800.289.0963

513.531.2222 ID:

Useful Publications Advertising

45207

of International Design

F&W Publications 507 Dana Avenue, Cincinnati, 513.531.2222 800.289.0963

Age

Communications 740 Rush Street, Chicago,

Magazine

OH

|

Crain

OH

45207

|

IL

60611 Letter Arts

312.649.5200

Review

(formerly Calligraphy Review) P.O. Box 9986, Greensboro, 336.272.7604

Adweek 1515 Broadway, 212.536.5336

New York, NY

10036-8986

800.722.6658

|

AIGA Journal

of Graphic

The Licensing Letter EPM Communications

Design

160 Mercer Street, 3rd Fl., 10012 212.941.0099

American Institute of Graphic Arts 164 Fifth Avenue, New York, NY 10010

New York, NY

212.807.1990

415.243.0505

P.O. Box 2052, Lakewood, NJ 08701 732.364.2111 800.876.2472

American Printer 29 N. Wacker Drive, Chicago,

28 IL

E.

800.288.6848

28th Street, 8th FL,

New York, NY

60606

312.726.2802

10016

|

212.503.5340

PC World Subscription Department Box 54529, Boulder, CO 80323 415.243.0500 800.234.3498

Archive

American Showcase 915 Broadway, New York,

Artist's

|

PC Week

|

The

|

Macworld P.O. Box 54529, Boulder, CO 80323

Airbrush Action

212.673.6600

NC 27429

P.O.

NY

10010

|

800.825.0061

|

Photo

News

1515 Broadway, New York, NY 10036 212.536.5222 800.669.1002

F&W Publications 1507 Dana Avenue, Cincinnati, 513.531.2222 800.289.0963

District

A/S/M Communications

Magazine

OH

45207

|

|

Print

Board Report for Graphic Artists

RC

Drew Allen

3200 Tower Oaks Boulevard, Rockville, MD 20852

Miller,

Publisher

Box 300789, Denver, 303.839.9058

CO 80203

301.770.2900 Printing

Communication Arts 110 Constitution Road, Menlo Park, 800.258.9111

Publications

|

800.222.2654

News

Cygnus Publishing

CA 64025

445 Broad Hollow Road, Suite Melville, NY 11747 516.845.2700

Creative Business

275 Newbury Street, Boston, MA 02116 617.424.1368 Fax 617.353.1391 I

[

427

]

I

800.308.6397

21,

1

pricing

Thomas Thomas

Publish!

Box 2002, Skokie,

P.O.

415.243.0600

|

&

60076-7902 800.685.3435 IL

5

Penn

ethical guidelines

Register of Manufacturers Publishing

New York, NY

Plaza,

10001

212.695.0500 Publishers Weekly

245 W. 17th Street,

New York, NY

Ulrich's International Periodicals Directory

1001

Working Press of the Nation Reed Elsevier Publishing P.O. Box 31, New Providence, NJ 07974

212.463.6758/6631

Sign Business National Business Media 2800 W. Midway Blvd., Broomfield,

303.469.0424

|

908.464.6800 Writer's

800.769.0424

F&W Step-by-Step Graphics IL

W. 34th

Street,

212.630.4000

|

Creative Access

New

415 West Superior, Chicago, York,

NY

10001-8191

312.440.1140

800.289.0273

&

|

IL

60610

800.422.2377

Graphic design firms, art buyers, corporations, ad agencies, illustrators, graphic designers, film directors, photographers, artist representatives, and production houses.

Industry Directories Artist's

45207

Talent Databases

Daily

Fairchild Publications

7

OH

|

61614

800.255.8800

Women's Wear

Market

Publications

513.531.2222

6000 N. Forest Park Drive, Peoria, |

800.521.8110

1507 Dana Avenue, Cincinnati, 800.289.0963

Dynamic Graphics 309.688.8800

|

CO 80020

Graphic Designer's Market

F&W Publications

Steve Langerman Lists

1507 Dana Avenue, Cincinnati, 513.531.2222 800.289.0963

OH

45207

148 Middle Street

Box 7609, Portland, ME 04101 207.761.2116 Fax 207.761.4753 P.O.

|

|

The Design Firm Directory Wefler

& Associates

companies, department stores, consumer maga-

Box 1167, Evanston,

P.O.

Art directors in public relations firms, cosmetic

IL

60204

zines,

and ad agencies.

847.475.1866

Gale Directory of Publications

Related Organizations

Gale Research 27500 Draker Road, Farmington Mills, Ml 48331-3535 248.699.4253

Advertising Photographers of

New

York

27 W. 20th Street, Suite 601 New York, NY 10011 www.apany.com 212.807.0399 Fax 212.727.8120

|

|

|

and Decorative Accessory Buyers Directory Cahners 345 Hudson Street, New York, NY 10014 212.519.7200 Gift

American Institute 164 Fifth Avenue

New York, NY

|

of Graphic Arts (AIGA)

10010

212.807.1990 National Association of Schools & Design Directory

of Art

American Society of Architectural Perspectivists (ASAP) 1518 K Street, Suite 503 Washington, DC 20005

11250 Roger Bacon Drive, Suite 21, Reston, VA 20190 703.437.0700 |

O'Dwyer's Directory of Public Relations Firms

202.737.4401

O'Dwyer 271 Madison Avenue, J. R.

New

NY

York,

10016

|

American Society of Media Photographers (ASMP) 14 Washington Road, Suite 502 Princeton Junction, NJ 08850

212.679.2471

Standard Directory of Advertising Agencies

Reed Reference Publishing 121

Chandon Road, Providence, NJ 07974

Art Directors Club

New

908.464.6800

|

104 W. 29th Street York, NY 10001 212.643.1440 Fax 212.643.4266

800.521.8110

New

I

Standard Periodical Directory Oxbridge Communications 150 Fifth Avenue, Suite 302,

NY

10011

I

212.741.0231

I

New

York,

800.955.0231

[

428

1

1

b

&

Resources

References

Association of Medical Illustrators (AMI)

Society of Publications Designers (SPD)

2965 Flowers Road South, Suite 105 Atlanta, GA 30341 770.454.7933 Fax 770.458.3314

60

Direct Marketing Association

Software Publishers Association

York,

NY

212.768.7277

10036 www.the-dma.org Fax 212.391.1532

10165 [email protected] Fax 212.983.6043 |

|

|

|

|

Street, Suite 721

NY

1730 M Street, NW, Suite 700 Washington, DC 20036 www.spa.org/html 202.452.1600 Fax 223.8756

120 Avenue of the Americas

New

42nd York,

212.983.8585

|

1

E.

New

|

Greeting Card Association

Stencil Artisans

1030 15th Street, NW, Suite 870 Washington, DC 20005

P.O.

GA 30092 Fax 770.455.7258 Norcross,

www.greetingcard. org 202.393.1778

League

Box 920190

Fax 202.393.0336

|

Motion Picture Screen Cartoonists Union (MPSC)

Type Directors Club 60 E. 42nd Street, Suite721 New York, NY 10165 [email protected]

Local 839 IATSE

212.983.6042

4729 Lankershim Blvd. North Hollywood, CA 91602-1864 www.mpsc839.org/nipsc839

Visual Artists

[email protected] 818.766.7151

350

|

Fax 212.983.6043

|

&

Galleries

Association (VAGA)

|

National Cartoonists Society

6305 10118 Fax 212.736.6767

Fifth Ave., Suite

New

York,

NY

212.736.6666

I

67 Riverside Drive

New

York,

NY

10024

212.227.8660 National

Endowment

for the Arts

Merchandise Markets, Shows, & Expositions

(NEA)

2r Information

NW

1100 Pennsylvania Ave.,

Washington, DC 20506

is

subject to change.

Atlanta Merchandise Mart

www.axts.gov 202.682.5400 |

New

York

240 Peachtree Street, NW, Atlanta, 404.220.3000 800.285.6278

Mac Users Group

(NYMUG) 873 Broadway 212.906.1037

New

York,

NY

GA

30303

|

Boston

10003

Gift

Show

Contact: George

Little

Management,

Inc.

10 Bank Street, Suite 1200,

White Plains, NY 10606 914.421.3200 Fax 914.948.6180 800.272. SHOW

The Newspaper Guild-CWA

|

501 3rd Street, N.W.

|

Washington, DC 20001 www.newsguild.org 202.434.7177 Fax 202.434.1472 |

Chicago

Gift

Show

|

Contact: George

The One Club 32

E.

&

for Art

Copy,

Inc.

21st Street

New York, NY 212.979.1900

Little

701 Michigan Avenue, Chicago,

6061

IL

Novelties

|

|

Dallas Trade Mart 2100 Stemmons Freeway, Dallas, TX 75207 214.760.2852 Fax 214.749.5458 800.445.4577 |

NW, Suite 333 Washington, DC 20001 www.spd.org 401 F Street,

|

Gourmet Products Show

|

spdnyc@aol com 202.638.5555 .

|

(including Bed, Bath

Society of Illustrators

Contact:

128

Boston

63rd Street NY 10021 212.838.2560 Fax 212.838.2561 E.

George

Gift

&

Little

San Francisco, CA Management, Inc. (see

Linen)

Show)

York,

Los Angeles Merchandise Mart

|

(including Invite L.A. Stationery

Society of Photographers E.

42nd

Street, Suite

New

York,

NY

212.779.7464

I

Show &

Western

Tabletop Faire)

&

1933 South Broadway, Los Angeles, CA 90007 213.749.7911 Fax 213.763.5860 800.LAMART4

Artists Representatives (SPAR)

60

Inc.

&

312.642.9557

10010 [email protected] Fax 212.979.5006

Society for the Environmental Graphic Designer (SEGD)

New

Management,

(see listing above) or Chicago Gift

1166

|

10165 Fax 212.866.3321

[

429

1

|

pricing

&

ethical guidelines

Merchandise Mart Properties, Inc. 200 World Trade Center Chicago, Suite 470, Chicago, IL 60654

Dynamic Drive.com dynamicdrive com/ dynamic indexl/ index html

312.527.7600

down menus, cascading menus,

National Stationery

New

York,

Show

Little Management, Show)

New

Textiles

Contact: George

Home

York,

Inc.

Online

(see Boston Gift

etc.

and

exhibitions

access

to

several

Mart's Script Archive

&

Linen Show)

www.worldwidemart.com/scripts/ The place to go to tame your CGI and PERL

NY

Contact: George

the browser, pull

in

digital collections.

Show

(America's Premiere Bed, Bath,

New

.

DHTML menus

Library of Congress www. loc .gov/

NY

(see Boston Gift

York

.

Help creating

Little Management, Show)

Inc.

script nightmares!

Macintosh information

New

York International Gift Fair

www.Macfixit.com www.macintouch.com |

on Design and American

(including Accent

&

Technical

International Crafts)

New

York,

Mac

NY

Contact: George (see Boston Gift

Little Management, Show)

etc.,

for

in

Neehah Paper www neenahpaper com .

.

Resource center of postal requirements Inc.

standards, business reply mail, of paper terms.

etc.)

(size

and glossary

Search Engine Watch

1355 Market Street, San Francisco, CA, 94103 415.552.2311

New

news,

Cool site that allows you to upload a typeface order to identify it.

San Francisco Mart

Surtex

tips,

users.

Myfonts.com www.myfont .com/identafont

Inc.

San Francisco International Gift Fair (including Accent on Design West, American & International Crafts West, Just Kidstuff West, and The Museum Source West) San Francisco, CA Contact: George Little Management, (see Boston Gift Show)

information,

searchenginewatch com/ Want to know how all those search engines really work? Danny Sullivan's site has the answers. .

Show NY

York,

Visibone

Contact: George (see Boston Gift

Management, Show) Little

Inc.

www.visibone.com/swatches/ Get Web-safe palettes

Toy Manufacturers of America The Toy Building 200 Fifth Avenue, New York, NY 10010

for

Photoshop and ImageReady.

Web

Design Group htmlhelp com/ The Web Design Group was founded .

212.675.1141

to

promote

the creation of nonbrowser-specific, nonresolution-

Washington DC

Gift

Show

specific,

Contact: George (see Boston Gift

Little Management, Show)

Inc.

and informative users worldwide.

creative,

araccessible to

Washington, DC

all

sites

that

WebMonkey hotwired lycos com/webmonkey/ .

.

A killer Web site-building site from Wired

Some

Useful

Web

Sites

William House www.williamhouse.com

Adobe www adobe com .

Information about paper resources, envelopes,

.

Tutorials, free newsletters,

announcements

magazine.

and

sizes for booklets, etc.

free technical

via e-mail.

xpressobar.com

CNET

www xpressobar com

Builder

.

.

home.cnet com/webbuilding/ 0-3880 .html

Independent guide

A

tips, etc.

.

cool site for

tips

and

all

kinds of

Web

site

construction

tricks.

[

430

]

to

Quark Express, updaters,

15 Resources & References

application: Software

Glossary account

Representative

executive:

agency who

advertising

a

an

of

Amount

ment

work or

of

may be be

partial

payment

commence-

the course of work.

of the total fee.

payment

consuming

common

is

it

neutral party that results in a binding decision,

may

enforced by a court.

An advance art director: Usually for

employee

house, magazine, or

ing agency, publishing

other user of the graphic

Amount

unearned

perform these

paid prior to actual

in

installments.

Advances

in sales.

duties). Responsibilities include

and supervision of the quality and character

Both the terms and the size art staff:

Group

of artists

working under an

company such

director's supervision for a

agreement: See contract.

advertising

many

art

artwork:

books or magazines; electronic media are CDs

media are

mation

television, radio, andthelnternet. Contractsthat

specific in

essence, asking is

the graphic artist to a low the buyer to distribute

one

Any

finished

work

of a graphic artist.

American Standard Code

ASCII:

ask for all-media rights are,

agency, publisher, magazine, or

or

forms: print media are

or multimedia presentations; other

art

as an

large design studio.

Media that convey

rights:

design can take

of

visual work.

if

advance are negotiable.

all-media

work (some

selection of talent, purchase of visual work,

are

generally not expected to be returned, even

artist's

organizations hire freelance art directors to

commissioned item or work;

of the

sometimes paid

of the

of an advertis-

time-

a

advance on royalties or advance payment

sales

one

by a

arbitration: Negotiation in a legal dispute

It

project.

against royalties:

stitch

layer of fabric over another so that the applied

pieces form a motif.

intended to cover expenses or

as partial

that performs

applique or applied work: To apply or

art

and others creating

paid prior to the in

program

such as page layout, word

specific

advertising for the account.

advance:

task

processing, or illustration.

handles

accounts and acts as a client liaison to the director, creative director,

specific

Interchange.

numbers of the

This

for

system

Infor-

assigns

to alphabetic characters

few ways

different

and

computers

I

work

in all

media

"now known

can exchange information.

(often they include the clause

or invented

in

assigning

the future").

Term

(transferring):

commonly

used for reselling or relicensing signed-over all-rights

Purchase of

contract:

all

rights

of rights to artwork.

usage for reproduction of an artwork forever. All-rights

contracts are different from work-

assistant animator: Cleans up the animator's

away not only

drawings according to a model sheet and

for-hire contracts,

the graphic

which

artist's rights

strip

but the graphic

does in-betweens.

artist's

retains statutory termination right.

perpetuity, termination rights,

See also

attribution: artist

alphanumerics: Letters and numbers.

movements, a

select

Basic

artist's

right

whereby the

camera

retains

called paternity.

number of drawings, some author's alterations (AAs) or author's corrections (ACs): Alterations or corrections of type that has been set made by the client

animation, and a sound track.

animator: Artist responsible for articulation of characters'

larger studios the

authorship of a work and is acknowledged properly for its creation. Attribution ensures that an artist's name not be used on works he or she did not create. Also

and work for hire.

animatic: Limited-animation film using

some

assistants only do cleanup work.

authorship. Under an all-rights contract the artist still

In

movements

in

an animated

(author). Can be errors, additions, or deletions. The typographer's or printer's charges for making AAs are usually passed on to the client. See also printer's error.

film.

[

431

1

pricing

backgrounder: One who paints backgrounds have already been designed.

&

ethical guidelines

cartoonist: Professional artist

humorous and

a

that

political

Obligation on the part of the individual(s) with whom art is left to take reasonable care of it. This is a legal requirement and applies to situations such as leaving

satirical

who works

in

including

style,

commentary.

bailment:

cast

needle.

To offer an amount as the price one

will

pay

on or

System with only two possible

off, 1

bitmap:

added

or

0,

CD-ROM: Read-only-memory compact

Image created when coloration

to pixels on-screen; the

file

for

is

that gives eel:

bleed: Small extra area on the outside

discs

use.

Transparent sheet of celluloid on which

edge

for "celluloid."

center truck: Center page spread in a magazine or newspaper (a premium space for the placement of advertisements).

of

for trim. Printing that runs

CGI

Also called "trim area."

(Common Gateway

for running external

Interface):

programs from

Standard a World

Wide Web HTTP

server. CGI specifies how to pass arguments to the executing program as

Nonreproducible photographic prints negatives, used in platemaking as browns, ozalids, or silvers), which enable an editor to verify that all art and text are in proper position and that pages are in sequence. blues:

made from (also known

part of the of

HTTP

request.

also defines a set

It

environment variables.

chips and tabs: Small squares of color used surface/textile design to indicate colors

color combination

document containing

boilerplate: Contract or

computer

finished animation drawings are inked. Short

blanket contract: Contract kept on file by a publishing firm covering all future (and sometimes past) assignments.

into this area.

for knockoff; refers to a pattern or

the original.

states:

high or low.

page that allows

on the manuscript on a knitting sometimes used as a

design that a company wishes to alter to form a new pattern while retaining similarity to

instructions for coloration.

a

textiles,

In

synonym

or accept. binary:

publishing, to estimate the typeset

of pages based

length. In knitting, to put stitches

a portfolio for review.

bid:

off: In

number

formulaic language that can be used for a number of purposes or similar circumstances, requiring only minor alterations.

is

is

when

in

a

not painted. The process

also called "pitching the pattern or design."

Chromalin proofs: Proprietary term for a color-proof process employing photosensitized clear plastic. Color separation film negatives

broker: Agent or representative.

exposed to the plastic in such a way that process colors adhere to dots on the plastic. Four sheets (one for each process color) are exposed, treated with the separate process colors, placed in register, and laminated. Such proofs are used for presentations and for checking register, obvious blemishes, and size. The color may be very accurate but is are

built-up lettering: Letters, numerals, or

amper-

sands used to create various forms.

bumpers:

Short

clips

at

opening

the

of

a broadcast.

buyout:

term

Imprecise

an

for

all-

rights transfer.

C

subject to a variation due to exposure and

print or inter neg: Full-color positive print

from

the

a negative transparency.

application

of the

called "transfer key."

CAD/CAM (Computer Aided Design/Computer

progressive proofs.

Aided Manufacture): Software systems used to design and test parts and machinery, generate schematics, calculate manufacturing specifications, and so on.

chrome:

In

printing,

usually larger than In

camera-ready art or camera copy: Final mechanical or layout, including finished artwork, that is ready to be photographed for in

tivity,

Cibachrome:

color

transparencies

35mm. See transparency. amount and quality of

design, animation, and so on.

digital

graphics,

platemaking

process color. Also

See also Color Key and

sound

Proprietary

effects,

term

color positive photographic print

preparation for printing.

for

interac-

a

full-

made from

a transparency.

When

terminated or not used by the client for reasons outside the cancellation fee:

artist's control, this

fee

a project

is

is

claymation:

paid as compensation

for the artist's or studio's effort in developing

the illustration or design. See also

kill

fee.

[

Three-dimensional

using clay figures or puppets.

432

]

animation

15 Resources & References

accommodation: To work at fees below the normal rate in orderto accommodate budgetary restrictions and to preserve a long-term working relationship.

confirmation form: Contract used by an artist when no purchase order has been given or when the purchase order is incomplete with respect to important terms of the contract, such as amount of fee, rights transferred, and so on.

client

clip

domain

Public

art:

specifically

art

line

contact print: Photographic print made by putting the negative in contact with sensitized

designed for royalty-free reuse. collateral:

support or

Materials created to

paper, plate, or film.

reinforce a design or promotional concept.

Color

Proprietary

Key:

term

contingency fee: Fee dependent conditioned by other circumstances.

3M "3Ms." A the

of

Company; sometimes referred to as method for obtaining separate film positives showing progressive color breakdown of three-color separation negatives. Such proofs are useful for presentation register,

are

not a true

color.

and

indication

size;

they

printed

of final

goods

Synonym

colors from which a

for the

computer

range of

colorproofs: Firstfull-colorprintedpiecespulled off the press for approval before the press is considered ready to rollforthe entire press run. Sometimes called "simple colored proofs," these proofs are useful for making on-press

copywriter: Writer of advertising

problems resulting from improper registration and the effects of corrections, particularly for

licity

on

of

pub-

corner) that

is

rendered

in

the style,

all

four

corners.

Commonly used

in

design of a tablecloth,

napkin, or scarf.

(n)

Usually an employee or an advertising agency; his or her responsibilities include supervision of all

artist

work

left

home furnishings for the

to recreate the original image.

Percentage of a fee paid by to an artist's agent or gallery for service provided or business transacted. (v)The act of giving an artist an assignment to create a

or

copy.

upper

Photographic process that breaks up colors into basic components or separate pieces of film, which are later

an

that

technique, color, and materials proposed for the finished artwork. If approved, the design will be used to complete the repeated design

color separation:

commission:

work

corner(s): Beginning of a design (usually the

Progressive

proofs are the preferred method of accurately checking color.

recombined

a

provides the exclusive legal right to reproduce, publish, and sell that work. Any artist creating artwork automatically owns the copyright to that work unless provisions have been made prior to the start of the project to transfer authorship to the buyer (see work for hire).

individual image.

overprinting.

by

that

printed

copyright: Authorship of a creative

an

in

converts greige or plain-dyed manufacturer.

finished

copy: Text of an advertisement, editorial content of a magazine or newspaper, or the text of a book.

artist/operator

chooses the particular colors used

into

fabric for use

proofs

using process inks on press are the most accurate method for checking color. color map/palette:

bind

parties

Company

converter:

not exact) color

still

Progressive

representation.

oral or written,

themselves perform certain obligations. Synonyms: "agreement" or "letter of agreement" (if the contract takes the form of a letter).

Chromalin proofs are preferred for

more accurate (though

two

or

to

for checking

obvious blemishes, and

whether

contract: Agreement,

whereby

on

creative

aspects of the character and quality of the agency's work for its clients.

art.

comprehensive/comp: Visualization of the idea an illustration or a design, usually created for the client and artist to use as a guide for the finished work. "Tight comps" and

for

croquis:

confidentiality:

Standard clause

in

fashion

may

include a clause to prevent discussion of the contract terms.

deescalation: Clause a decrease in extent,

[

illustration

artist,

and

CSS: Powerful method for formatting text styles on Web site pages by having selected parts of a page reference master CSS style sheets. Note that visual implementations of CSS still vary between Microsoft Internet Explorer and Netscape Navigator.

secrets

and information concerning the job;

in

textile design.

contracts

company

Rough sketches made by an

particularly

"loose comps" refer to the degree of detail, rendering, and general accuracy used to create the comprehensive.

that prevents disclosure of

director:

officer of

433

]

in a

contact that allows for

volume, or scope.

pricing

representative copy for sample pages and a

summary

of all typographical problems, copy areas, code marks, and so on; (2) an outline of the publisher's manufacturing program for the book: compositor and composition method, printer and paper stock, binder and method of binding; (3) a description of the proposed physical characteristics of the book, such as trim size, page length, list price, quantity of first printing, and whether the book will print in one color or more than one. The publisher should also indicate whether any is

style of stitches (hardanger, black work, drawn thread work); (2) cross-stitch embroidery: either free-form embroidery over Xs printed on the fabric or counted embroidery worked on an even-weave fabric or canvas.

of the

permission of the purchaser.

expected.

Representation

of

an

in

conversions: Changing one kind of

file

file

to

another, usually from one platform to another; for

example, from a

PC

to a

file

file

for a

DOS-compatible

for a Macintosh.

art: Usually an illustration, photograph, or layout that is prepared and ready for the printer.

finished

North American serial rights: The right be the first magazine to publish art for use in one specific issue to be distributed in North America.

first

to

electronic

The right to be the first user of art one-time use; frequently describes the right to publish art in a magazineserial ordrawnfrom first rights:

signal by a set of discrete numerical values,

most commonly

No one except the purchaser image may use the image without

exclusive use:

DHTML (Dynamic HTML): Extension of HTML thatgivesgreatercontroloverthe layout of page elements and the ability to have Web pages that change and interact with the user without having to communicate with the server. DHTML was created by Microsoft and can be viewed in Internet Explorer 4.0 and Netscape Communicator 4.0. The Document Object Model Group of the World Wide Web Consortium is developing standards for DHTML (www.w3c.org/DOM/). digital:

ethical guidelines

embroidery: General term referring to decorating the surface of any fabric with free-form stitches that are based on plain sewing; stitches and fabric vary according to the designer's work. For example, embroidery with wool or a wool-like yarn on fabric is called "crewel embroidery." Includes (1) counted embroidery: formation of regimented stitches on even-weave fabrics on needlepoint canvas known by various names which denote their

design brief: Analysis of a project prepared by either the publisher or the designer. When the designer assumes this responsibility, it should be reflected in the design fee. The design brief may include (1) a copy of selection of with a manuscript, the

particular visual style

&

for

binary form.

One who oversees an animated from conception to finish and has complete control over all phases: character design (which is usually supplied by an agency), layout, sound, and so on. director:

a

book

in

which the

art will appear.

picture

fonts: Individual branches of a typeface design.

format: Arrangement of type and illustration that in

documentary design: Design adapted from a historical document or plate, usually in public domain because of their age, such as Art Deco, Art Nouveau, and Egyptian.

the United States.

Book, brochure, or catalog idea in a roughly drawn form, usually made up to contain the proper number of pages and used

employee: Terms of freelance employment include work hours determined by

freelance

as a reference for positioning and pagination.

the assignment and using one's own workspace and materials; freelancers generally provide their own benefits. The freelancer often collects

dye transfer: Similar in appearance to a color photograph but different in that it is produced from a transparency by printing continuous

state sales tax

own income

tones of color dyes.

to control

electronic publication

in a

contract

in

addition

from

other

and pays

his or her

generic works: Art that has the potential for in a variety of markets.

wide application graphic

higher fees.

artist:

Visual

commercial area.

[

clients

taxes.

general apprentice: In animation, worker who does a little of everything except camera work.

media, often for no additional compensation. Graphic artists should make every effort to retain them or negotiate

to

used for many layouts; arrangement used

Fortune company: double-500 Fortune magazine's annual listing based on sales revenues of the 1,000 largest corporations in

dummy:

electronic rights: Rights specified

is

a series.

434

]

artist

working

in

a

15 Resources & References

graphic designer:

artist

and

who works

with

graphic

Visual

professional problem solver

inker: In animation, lines of finished

elements of typography, illustration, photography, and printing create to commercial communications tools such as

the

One

skilled

in

purposefully influence the direction or outcome

computer usage, the point where hardware, software, and user connect; the physical (electrical or mechanical) connection between elements of computer hardware.

interface: In

creating

on film by use of computerized stands and/or adding computerized movement to artwork (such as television logos with glows and set movement). special effects

Internet: Network of computers connected by telephone lines. First created by the U.S. Department of Defense to send information, particularly in the event of a war that destroyed one or more terminals. The Internet is now a "network of networks" with companies that provide access for a fee to anyone with appropriate equipment.

graphics: Visual communications.

greige goods: Fabric

group head:

Some

in its

raw, but woven, state.

advertising agencies divide

groups under a group head supervises the work of art directors on the

their clients into

who

various accounts.

Internet service provider (ISP):

seeking to protect and better their status and/or skills. When employees are members in equal proportion to freelancers, such a guild qualifies with the U.S. government as a union. In this capacity, a guild may represent employees who are its members in collective bargaining.

invoice:

hand

letterforms for use

in

who

jacquard: creates

page:

logotypes, alphabets, and

Usually the

a client

showing the

assignment. work has been

for an

Woven

fabrics such as tablecloths,

used for a programming language designed to develop applications, especially ones for the Internet, that can operate on different platforms.

first

Web

page of an site.

HTML (H[yper]t[ext] M[arkup] L[anguage]): Pro-

JavaScript: Netscape's simple cross-platform World Wide Web scripting language. Java-

gramming

language used to structure text and multimedia documents and to set up hyperlinks between documents; used extensively on the World Wide Web. Professional

payment

Java: Trademark

organization's or individual's

illustrator:

in

upholstery, and towels.

specific titles or captions.

home

that

Usually submitted after completed; if advance payments are made, the invoice should reflect these and show the balance due.

in a

letterer: Professional artist

Statement given to

amount due

magazine, newspaper, or book where the left (verso) and right (recto) pages meet. Important elements are often not placed in this area because of the fold.

Area

Company

provides a hookup to the Internet. All vary in kind and level of service: some provide direct access; others provide added services such as news, chat rooms, downloadable software sections, and entertainment.

guild: Association of like-minded professionals

gutter:

and services choose commands that

of their experience.

shows, book jackets, and other forms of printed or graphic communications. artist:

inks onto eels the

interactive: Describes productions

that enable users to

brochures, advertising, signage, posters, slide

graphic film

one who

drawings.

graphic

artist

Script

Web

is

intimately tied to the World

and currently runs

Wide

only three environments: as a server-side scripting language, as an embedded language in server-parsed HTML, and as an embedded language run

who

communicates a pictorial idea by creating a visual image for a specific purpose, using paint, pencil, pen, collage, computer, or any

in

other graphic technique except photography.

in browsers. JavaScript should not be confused with Java; it is a Netscape, not a Sun, trademark.

image:

junior

Pictorial idea.

checker

(paint

and

ink

only):

In

animation, one who inspects eels for the of correct application proper, thorough

image processing: Manipulation of an image (usually video scanned), such as enhancement,

paint colors.

colorizing, or distortions.

kerning:

animation, artist who does the drawings depicting motion in between the

inbetweener:

In

drawings that have been cleaned up by the assistant, thereby animating them.

[

Process that changes the spaces

between normally

435

1

set individual letters.

&

pricing

Sum

kickback:

of

money

logo: Mark or symbol created for an individual, company, or product that translates its use,

or a large figure paid

by a supplier for the artist's part in passing on work such as printing. May be demanded by art buyers from artists in exchange for awarding com missions. Kickbacks

to an artist

are

kill

fee:

function, or essence into a graphic image.

logotype: is

Often the supplier's kickback costs in invoices submitted to the client.

illegal.

are hidden

Payment by the

Method

lucey:

client to the graphic

pegged

stitches to

One

markers:

name

a producer,

individual.

of several optical devices used to

pens often used for comprehensives or for sketching roughs in black and white or color. Proprietary synonyms: Magic Markers, Stabilo. Felt-tipped

illustrating

of forming a lace or a textile

two or more eyeless needles,

tools, or sticks, using various

alphabetical configuration that

enlarge or reduce images.

structure from any yarn, fabric strip, or stringy

material with

Any

designed to identify by

company, publication, or

artist when the client does not use a commissioned work; includes two types of payments: cancellation fee and rejection fee.

knitting:

ethical guidelines

markup

(n), mark up (v): Service charge added expense account to reimburse the artist for the time needed to process the billing of items to the client and the cost of advancing the money to pay such expenses; the process of adding such a charge.

looped

to the

form the structure.

knockoff (n)/knock off (v): Term most often used in the textile design industry to identify a design that at the request of the client or stylist has been copied by a different artist than the one who created it. Broadly used to mean the copying of an artist's style or artwork when no creative input and/or significant changes are made by the artist creating it. Knockoffs are

mechanical: Layout created by a production artist for the printer to use in the printing process.

mediation:

Negotiation

a

in

legal

dispute

illegal.

where an impartial person seeks to facilitate an agreement between the two parties. A

General term for any openwork or sheer holes formed by any technique, including knitting, crochet, bobbin lace, netting, hairpin lace, tatting, eyelet, and needle lace.

mediator can be appointed by a judge or another third party, such as an arts mediation service, but the resolution is binding upon the parties only if the parties agree to it in writing.

unethical and often lace:

fabric with

layout: Design, usually in sketch form, of the

montage: Image created from

elements of an advertisement, magazine or book page, or any other graphic work (such as brochures and catalogs) intended for reproduction. Usually executed by an art director or graphic designer to be used as a guide in discussions with the client.

other images.

layout artist: In animation, one and arranges backgrounds.

who

a compilation of

moonlighting: Freelance commission taken by a salaried person to be completed in the person's spare time.

moral

rights: Personal rights of creators in their

original (not reproduced) works, regardless of

lays out

the sale or transfer of copyrights, specifically: right of identification of authorship,

letter of

agreement: See contract.

of approval, restriction, or limitation

subsequent modifications.

license: Right to sell or rent artwork or design

for a specific use

the graphic

and period of time.

artist's interests to license

It

is in

no-assertion-of-rights clause:

use of

Letter

combinations

used

client are only the

and that the

clause should be included

in

the contract

other rights. This in

every graphic

artist's contract.

noncompeting rights: Uses other than the commission that do not conflict or compete with the commissioning party's

Connection between one area and another. A primary feature of interactive link:

is

ones specified

artist retains all

in

type design.

products

Contract item

that clarifies that the rights licensed to the

work, rather than sign all-rights or work-for-hire contracts. Also see sublicensing rights. ligatures:

and right on use or

original

the ability of users to explore

business or market.

linked materials.

nonexclusive use: Purchaser, along with the graphic artist, is allowed to reuse (or resell) a work in specified regions and situations; all uses need to be specified and clarified to avoid any future conflict of interest.

Area on the camera copy of a page or a publication beyond which essential elements should not be positioned. live area:

[

436

]

15 Resources &

novelties: General term for gift or boutiquetype items or for a wide variety of clever decorative or functional items (some novelties can overlap as home accessories).

portfolio

opaque

the animation

preplanner/checker:

then used by an

artist to

and

Reproductions

is

in

One who checks that sync and flows correctly

Any preliminary design mounted on boards that the graphic designer shows a client. In the fashion industry, color

presentation boards:

copy or show work.

overhead: Nonbillable expenses such as rent, phone, insurance, secretarial and accounting services,

book:

before camera work.

the image of a nontransparent

object onto a canvas, board, or screen; image is

artist's

and/or originals that represent the body of an artist's work.

projector: Projector that uses reflected

light to project

or

References

illustrations of a grouping of styles from the design collection that a manufacturer wishes to feature during market week sales.

salaries.

ownership of artwork: Graphic artist owns the original work even if rights of reproduction are transferred; he or she can sell the original and still keep rights of reproduction. The copyright is separate and distinct from the material work in which it is embodied.

printer's error (PE): Mistake

made

in

the film

negatives, platemaking, or printing that

artist

who

a designer to take a layout

from

production works with

and either present the finished concepts to publishers for execution or manufacture the books themselves and deliver bound volumes

conception through the printing process.

all

Professional

the

pass-through clause: Contract term that takes effect when an illustrator's share of a subsidiary sale exceeds a predetermined amount and for which payment is usually received within 30 days of receipt.

order before

it

is

goes under the camera.

professional:

One who

business and follows professional endeavor. in

Provision of intellectual property law that protects an invention rather than an

patent:

a

animation, one

productivity tools: Software applications used by business professionals such as word processors, databases, and spreadsheets. Usually character-based, they allow users to organize and manipulate text and numbers in various ways.

typographic and/or illustrative elements of a brochure, catalog, book, or similar item.

image or

In

responsible for making sure that everything in

sequence

artist:

production coordinator:

to the publisher. in

not

also author's alterations.

packagers: Companies that coordinate all the components of a book publishing project

page makeup: Assembling

is

due to the client's error, addition, or deletion. They are normally absorbed by the printer. See

strives for excellence fair

practices

in

every

The difference remaining (net income) overhead, expenses, and taxes are subtracted from income received (gross income). profit:

name.

after

per diem: Day rate given to a professional by a client to

complete an assignment.

perpetuity:

Term meaning "forever"

increasingly used of usage.

It

is

in

that

progressive proofs or progs: Proofs of color separation negatives that have been exposed to offset plates and printed using process inks.

is

contracts to define length

recommended that graphic artists

Presented in the sequence of printing, for example, (1) yellow plate alone, (2) red alone, (3) yellow and red, (4) blue alone, (5) yellow, red and blue, (6) black alone, and (7) yellow, red, blue and black. The preferred way of checking

negotiate rights for a limited time period rather than perpetuity. See also termination right. pixel:

Smallest lighted segment on a computer

monitor's screen or smallest in

a digital

image

file;

segment

of color

the color of the separation negatives using the same inks, paper, ink densities, and color sequence as intended for the production run.

also the individual dots

on the display device, arranged comprise the image.

in a grid,

that

See also color proofs.

plagiarism: Act of stealing and passing off as one's own the ideas or words of another; or the

proposal/estimate: Graphic designer's detailed analysis of the cost and components of a project. Used to firm up an agreement

use of a created production without crediting the source.

before

Set of hardware components, system, and delivery media that provides specific functions and capabilities for the production or playback of

platform: operating

digital

a client's project.

Works that have no copyright encumbrances and may be used freely for any

public domain:

purpose.

programming.

[

commencing work on

437

]

&

pricing

purchase order: Form given by a client to an artist describing the details of an assignment and, when signed by an authorized person, authorizing work to

return

commence.

Copies of type layout prepared author or client to proofread and mark corrections on. They are nonreproduction quality and their value is only in checking corrections. readers:

right to

Clippings compiled by an designer from newspapers,

modify

Payment made when the artwork

Payments to the artist that are based on a percentage of the revenue generated through the quantity of items sold (books, cards, calendars). See also advance on royalties. sheet: Used by apparel manufacturer's sales staff as a handout to buyers; a black-and-white illustrated list of all the styles in a collection or line, showing sales catalog/line

agent who promotes specific talent in illustration, photography, or surface design and negotiates contracts for fees and commissions. Usually receives a percentage of the negotiated fee as payment for services provided to the talent. reprint rights: Right to print

available size, color, pattern, and prices.

sales tax: Each state

search engine:

retail

Purchases fashion styles

and

ad mats that are sent

to subscribing retail outlets.

residuals:

Payments received

original fee, usually for

search in

addition to the

number

of pixels across

and down on a computer display device. This determines the fineness of detail available,

much

like

retoucher:

grain

in a

artist

who

page that allows

Web users

criteria.

server: Internet

computer established by ISPs from other

to respond to information requests

photograph.

Professional

Web

own home-page

second rights: Right to use art that has appeared elsewhere. Frequently applied to magazine use of art that has appeared previously in a book or another magazine.

extended usage of a

work. See also royalty. resolution: Absolute

varies

information and URL in a database; also allows Internet users to search for specific URLs from a database list, using the needed home-page information as a to enter their

available

it

between 4 and 8 percent of the amount billed the client. The freelance graphic artist is often required to be licensed to charge, collect, and remit it to the state on a quarterly basis.

something that has

reproduction copy/repro: Proofs printed in the best possible quality for use as camera copy for reproduction. Also called "reproduction proof." service:

government establishes

the rate of taxation on items sold;

been published elsewhere.

reproduces them on

in

royalty:

Professional

depicting

Purchaser of

on tracing paper, by an illustrator or designer. Usually several roughs are sketched before a comprehensive is developed from them.

repeat: Textile design process by which consecutive press impressions are put together so imperceptibly that the textile appears as one consecutive image and the process run may be continued indefinitely.

illustrations

(alterations):

pencil

does not satisfy the client's stated requirements. See also kill fee.

resident buying

is

undamaged

roughs: Loosely drawn ideas, often done

as technical information.

representative/rep:

uses

client

the collective work, not in the underlying contribution (the art) itself. Since altered artwork is a derivative work of an original, if the artist does not grant the right to create a derivative work, the client has no right to alter the image. Any alterations to artwork should be made in consultation with the initial illustrator.

magazines, and other printed pieces that are referred to for ideas and inspiration as well

rejection fee:

the

rights to artwork holds the copyright only in

ready-made: Clothing or fabric purchased in a store or available to the designer at the stage when it could have been purchased at retail.

or

After

reversion rights: Book publishing contract provision that protects the artist in the event the publisher fails to publish within a specific period of time; after that, all rights revert back to the artist.

for the

file:

artwork:

responsible to return the artwork to the graphic artist.

Raster system: Computergraphics system used draw shapes pixel by pixel.

illustrator

of

original artwork during a project, the client

to

reference

ethical guidelines

computers on the network. alters

a

service mark: Provision of trademark law that

photograph to improve or change it for reproduction. Used to work on transparencies or color and black-and-white prints; nowadays works more often on computer.

[

identifies

and protects the source

of services

rather than goods, indicated by the letters

or by SM

438

]

.

SM

15 Resources &

SGML

G(eneraiized) M(arkup) standardized markup language used to describe the logical structure of a [S(tandard)

L(anguage)]:

Particular

style:

A

References

unique

artist's

form

of

expression; also referred to as "look." surface design referred to as "hand."

computer document.

In

and managerial heads of departments, sometimes referred to as style directors or art buyers.

stylists: Creative

Software that users may test without initial payment; if use is continued, a fee must be paid. shareware:

shoot

day's shooting of

showroom

sublicensing rights: The right of the publisher

advertising, a day's filming or a

In

(n):

still

photography.

parties. All

spelled out

illustrations: Color illustrations of

promote

and

In publishing, those rights granted to the publisher but which publisher has the right to sell to third parties. Proceeds of such sales are shared with the artist.

not the

do not overlap.

home

Web

the

All

the contract so that the third

is

subsidiary rights:

simultaneous rights: Right to publish art at the same time as another publication. Normally used when two publications have markets that

site:

in

underthe same copyright limitations as any other client and so that the artist receives the same fee as any other client. party

key styles from an apparel manufacturer's design collection or line, used to heighten

showroom atmosphere showroom sales.

any of the rights granted to it to third such terms must be thoroughly

to sell

pages that branch from

Professional artist who in repeat on such surfaces as fabric, wallpaper, woven material, or ceramics.

surface a

creates

page.

sketch: Design for textiles not

done

in

repeat.

See also roughs.

designer: to be

art

used

syndication: Simultaneous distribution to print or

broadcast

media

artwork

other

book design process whereby design specifications or codes are written for the sample manuscript.

creative work. Often refers to sales of cartoons

speculation: Accepting assignments without

talent:

any guarantee of payment after work has been completed. Payment upon publication is

or gallery.

specing:

Part

of the

Group

tear sheet:

between the front and back book bindings, on which the author, title, and publisher are indicated.

by an agent

of artists represented

Sample

reproduced, usually

spine: Area

of finished in print

work as

it

was

media.

technique: Refers to the particular media used by a graphic artist. telepad:

Small drawing or illustration used as an adjunct to other elements in an advertisement, editorial, or book page. (2) Television commercial.

A

preprinted matrix with frames that

(1)

storyboards: artists

indicate

in

(1)

Series of sketches

scale for a

television

camera angles, type

are usually 2 3/4 x 3 3/4 inches.

termination right: Refers to (1) right provided in copyright law (see perpetuity) and (2)

drawn by

illustration films

textbook: purposes.

(1)

and fastening

of

page

onto large sheets of paper

trade book:

(3)

representing

most often with

trade

where an artist works. (2) offering complete graphic In surface design, agency designs by more than one

for

educational

Any book

sold

in

bookstores to the

Part of trademark law that an established "look," such as a

dress:

protects

landmark building.

trademark (TM): Work, symbol, design, slogan, or a combination of works and designs that identifies and distinguishes the goods or services of one party from those of another.

surface designer.

[

Any book used

general public.

Place

Organization services.

a contract,

thumbnail or thumbnail sketch: Very small, often sketchy visualization of an illustration or design. Usually several thumbnails are created together to show different approaches to the visual problem being solved.

or plastic that are the size of the printing plate. Also referred to as "image assembly." studio:

end

screen to

of shot (close-up,

animation. Synonyms: story or story sketches. stripping: Positioning

right to

agent or broker.

extreme close-up), backgrounds. Essentially a plan for shooting a TV commercial; often accompanied by announcer's script and actor's lines. (2) Sketches of action for

and

or

or comic strips.

also speculation.

spot:

of

439

1

pricing

&

ethical guidelines

"color slides."

Book jacket design and/or encompasses front and back covers, sometimes including book flaps.

typography: Style, arrangement, or appearance

XML

of typeset material.

metalanguage written in SGML that allows one to design a markup language; allows for the easy interchange of documents on the World Wide Web.

wraparound:

transparency or chrome: Full-color translucent photographic film positive. Also called

illustration that

union: Group of people in the same profession working to monitor and upgrade business standards in their industry.

URL (Uniform Resource file

Locator):

Address

Some

for a

Computer graphics system draws shapes in line segments rather than pixel by pixel. Many high-resolution drawings or presentation programs operate on vector system:

that

vector systems.

Use of computer harddisplays and tracking and mobility devices) in conjunction with special software programs to produce an experience that immerses the user in a highly reality

(VR):

(visual

interactive environment.

VRML

Reality Modeling Language):

(Virtual

for design and implementation of a platform-independent language for virtual reality scene description. VRML 1.0

specification

Draft

was

released on

May

26, 1995.

warranty/indemnification clause: Clause in a contract in which a graphic artist guarantees the work created copyright of any party.

that

will

not violate the

weaving: Method of interlacing yarns or any stringy material in both a lengthwise and crosswise manner simultaneously. A traditional loom is generally used to control the interlacing technique, but other devices may also be used.

work for

"work such as "done

for hire: For copyright purposes,

hire,"

similar terms

or

for hire" or "for hire," signifies that the

com-

missioning party owns the copyright of the artwork as if the commissioning party had, in fact,

been the

artist.

World Wide Web (WWW): Part made up of collective Web

of the Internet sites

that

linked to various other sites to create a

The Web and newsgroups. of information.

is

of the definitions included here werereprinted

©1995

Programs designed to improve, repair, or enhance a user's computer system or a specific computer program. utilities:

ware

M(arkup) L(anguage)]:

from Collectibles Market Guide and Price Index with permission of The Collector's Information Bureau.

or location on the Internet.

virtual

[Ex(tensible)

different

are

"web"

from e-mail

[

440

]

Collector's Information Bureau.

A

15 Resources & References

[

441

]

2

&

pricing

ethical guidelines

Applique or applied work, 431

Index

(definition)

Appraisal, 64; summary, 64

a Arbitration, 24, 129-30, 354, 361, 431 (definition); binding, 75, 76

AAs. See Author's alterations Accessories

Account executive, 431 Adobe,

54;

Architectural animation, 325

(definition!

Acrobat PDF

Advance, 431

Arbitrator, 129-30, 354, 361; fees, 130

274-75

illustration,

files,

Architectural/intenor illustrators, 292-95, 293 (chart); trade practices

87-88;

PageMaker,

208; Photoshop/Illustration,

335

Art buyer,

(definition)

and animation,

328;

comps,

173-76; history, 230; illustration

of,

medical/natural science

illustration of

newspapers, 174

(chart); in

285

in,

(chart); offline,

in,

231-33, 234-44 (charts);

lems, with, 80-81 types ;

Art director, 4-5,

magazines, 174

(chart); in

76-81;

294-95

all-rights transfers, 77-79; criteria, 78-79;

jurors, 77-79; persistent prob-

77

of,

100,

89, 95,

6,

and

and insurance, 78-79; and

guidelines, 78-79;

246, 247 (chart); designers, 169, 173-76, 173-74 (chart); directories, 19-20;

graphic design

and competitions,

Art contests

Advertising, 173-76, 179, 230; advertorials, 174 (chart);

of,

100, 114

5,

154,

158,

166,

179,

182, 327,

330

(chart), 431

and broadcast design, 200

(definition);

216 (chart), 217 (chart); online, Art Directors Annual, 20

215 (chart), 217-18 (chart); outdoor, 175 (chart); page rates, 110; and

promotion design, 173-76; and relationships with 230; technical illustration

World Wide Web, 215

in,

art reps, 7;

Art Directors' Club, 77

revenues,

291 (chart); and trade practices, 232-33; on

Artist

(chart)

See

Illustrator

Agreement

Artist-Agent

Advertising agencies, 5-6, 173-75, 188, 232, 246, 307 Advertising Photographers of

Artist-to-Artist

New York, 22

8-12, 137;

The, 20

Agreement

Illustrator's Letter of

See

See

Work

also

Art

Illustration,

and Society

and

of, 9;

of

finder's fee, 10;

and expenses,

and Theater Safety,

"Ask

First"

campaign, of rights.

Assistant animator.

Institute of Architects (AIA), 196

Institute of

Photographer and 9,

11;

and timely payment

101

19, 28, 38, 100, 142,

See

414

Rights

See Inbetweener

Audiocassette covers, 255 Audiovisual: design, 210 (chart); illustration, 244

20

American Society

of

Composers, Authors and Publishers (ASCAP),

American Society

of

Media Photographers (ASMP),

Disabilities

Act (ADA),

99,

40,

Audiovisuals, 249

99

Author's alterations (AAs), 18, 171, 432 (definition)

414

Author's copies, 263

196; Accessibility Guidelines of, 196

Automatic Renewal Act 36

films,

Animated

television commercials, illustration

324 in,

243 (chart)

Animatics, 244, 245, 431 (definition)

Animation, 283, 323-30;

in

audiovisual/multimedia design, 210 (chart); careers

326-27; claymation, 326; (chart), 328; job

puppet

markets

Background

3-D), 324-25, 325

327-28; multicultural aspect

326; pricing, 329;

of,

artist 315,

317 (chart), 327, 328, 330 (chart), 432 (definition)

in,

computer (including 2-D and

in,

Back-of-check terms,

Backup copy,

89,

Bailment

432

99, 123, 348, 414;

and contracts,

90

326; salanes, 329, 329-31 (charts)

Animation companies/studios, 324, 326; employees

of,

113,

(definition)

326-27

Bankruptcy: of

artist's rep, 10-1 1; of

client 126-27

Animation magazine, 328 Bath products, fees for designing, 338-40 (charts) Animator,

103,

250,

252-53

(chart),

323-31.

325

(chart),

329-31

(charts),

Bed

linens,

339 (chart)

431 (definition) Benefits, 71, 155,316

Annual reports, 170

(chart), 250,

252 (chart)

Berne Convention, Anti-Royalty-Free

Initiative (of

Campaign

41 -42, 51 60, 41 ,

for Illustration), 96,417

Better Business Bureau, 126

Apparel, 333-34, 336-37; and design licensing, 337-38, 339 (chart); illustration for,

fees or

Better

274-75

Homes and Gardens,

Bid, 119,

Application, 225 (definition), 431 (definition)

[

442

]

432

(definition)

1

10,

309 (chart), 363

9;

Artist Representatives, 137;

Association of Medical Illustrators (AMD, 283

Graphic Arts (AIGA), 66, 413

Animated

9;

with, differ-

and house accounts,

431 (definition)

Assignment

Union (ACLU), 65

American

Americans with

136;

ASCII, 431 (definition)

20

8,

of, 8-9,

Artwork Inventory Form, 372 (contract)

American

American Showcase,

staff,

Arts, Craft

Arbitration Association (AAA), 130, 361

American

nonexclusivity

agreements

choosing, 7-8; and

for hire

American Bar Association Dispute Resolution Program, 361 Liberties

(definition);

billing, 10;

Artists United for Universal Health, 413

Original art, alteration/mutilation of

Civil

438

142,

and

also Agent

366-67 (contract)

Online (AOL), 208, 220

Amencan

11-12;

termination of relationship with,

rights, 431 (definition)

All-rights contract, 179, 188, 431 (definition).

American

413

10; exclusivity or

sales, 136-37;

Ail-Purpose Purchase Order, 368-69 (contract)

Amenca

also Artists' representative,

Artists' representative

commissions

Alterations.

28,

and bankruptcy,

ences with, Agents, and computer games, 224. See also

All-Purpose

See

(contract).

Artists' representative, 6-12, 135, 136-37,

Agencies. See Advertising agencies

All-media

370-71

Web Forum, 418

Tax Equity (AFTE),

Artists for

Adweek,™

AIGA Annual,

8,

agreements with

Advertising Age, 110

48,

414

10.

See

Index

Billable

expenses,

for

111;

89.

chart and

map

design,

204;

computer-

for

Cels (celluloids), 324, 327, 432 (definition)

assisted graphics. 111; tor graphic designers, 85-88, 111; and illustration,

Blboards.

BSng.

5.

CGI,

See

10. 92. 122; for

a sale. 121. 341-42

8.

Scientific illustrator

Checklist 115, 117

20

Checks with conditions. See Back-of-check terms Chicago Talent 20

Blues. 432 idefinroonl

and relationship with practices

See Contracts

Book; cartoon, 319: design 254-64; illustration

184-87;

of,

in children's.

254-56; lacket illustration

for,

254-55. 255-56 (charts!;

packagers

See

children's, 264-65.

of,

Chromatin proofs, 432

of,

260-63; trade

also Book, design

1

,

41

(definition)

226, 433 (definition)

Chwast Seymour, Cibachrome, 433

141

(definition)

court 131, 134

Claymation, 326, 433 (definition)

200 176,

175,

259-65, 260 (chart);

254-64; trade practices of

also Children's books, Foreign-language edition

Civil

103, 160,

41

in,

royalty contract

of, 187, 254,

contract 97

Brochures. 66; design

Workshop,

and

7;

Chinaware, 339 (chart)

in,

Branding, 170 (chart), 172-73; designers, 173

Broadcast designer,

See

264-65.

fees, 112; illustration rep,

art

in,

Chrome, 256-57. 259; paperback. 254-56; publishing

for,

Children's Television

hardcover. 254-55. 256; illustration 259-65, 260 (chart), interior illustration

256-59, 257-59 (charts); jacket design of. 182-84, 183 (chart), 189 (chart),

of

and cancellation

Children's books:

BMI.40.99

Breach

artists,

Checker, 327, 330 (chart)

Blanket contract. 363

Boilerplate

animation

for

Chart design, 203-04, 204 (chart)

Bitmap. 225 (definition). 432 (definition!; worms, 222. 225

Black Book. The.

salaries

(definition);

55, 224, 304, 320-21

Character licensing,

procedure.

Biological illustrator.

432

(definition),

330 (chart)

175 (chart)

121. 122:

225

325,

m

85-88. 89.91.

177 (chart); illustrations

in,

Client

239-40 (chart).

112-14, 121, 124-28. 131. 170-71, 196, 211, 213;

3, 4,

and designing

(definition);

277 (chart)

a

Web

site,

accommodation, 433

219-21; negotiating with, 115-20,

and possible problems with graphic designers, 85-88; and possible Broker.

6.

432 (definition)

problems with Browser. 98

Bureau

of

illustrators, 88-91;

167, 342;

and sur-

and exhibition design,

199; fees

responsibilities

of,

faceAextile designers, 341-43

Labor

health issues. 100

statistics,

Clip art. 84, 140-41,

Business practices, 105-50; collecting, 124-34; negotiation, 114-20; preparation, 06-14; record keeping, 120-23; reuse

433

Coalition of Creators

(definition);

and nghts-free. 140-41

and Copynght Owners, 41

and other markets, 134-50 Coalition of Designers, 421

Business Week.

110,

267 (chart)

Code

of Fair Practice, 21-23, 115, 127

Buyer's satisfaction, 76 Collage, 38. 88

Buyout

5.

188,

432 (definition) Collateral material, 17, 176-78, 433 (definition);

for design of, 176-77 (chart); illustrations in advertising, 238-242 (chart)

142-46; clauses in contracts, 144;

Collectibles,

CAD See Computer-aided Calendars, illustrations California

design (CADI

ments, 144; and

282 (chart)

in,

Newspaper Publishers

judgment

Collection, 124-34; after a

methods

131-32. 134;

Association, 65

remedies

for, 131;

of,

sample

and freelancers,

143;

and pay-

and trade practices, 144-46

rights, 144,

24,

131;

agency,

130; fees, 124;

127-28; preventing

letters for, 125, 128;

and lawyers,

problems with, 126-27;

sample phone scnpt

for, 124;

Calligraphy, 188, 189-90 (chart)

services, 130; strategy. 124-25. 126; and suing

Camera- or computer-ready art

91,

432

for Illustration, 96. 417;

court. 134

(definition)

Collective bargaining, 72, 74, 103;

Campaign

in civil

and Anti-Royalty-Free

Initiative, 96,

agreement

72, 103

417 Collective works, 29, 31-32

Cancellation

(kill!

fees, 75-76, 112. 120. 342. 352. 363, 432 (definition); for stationery Collector's items.

and

design, 202; for

gift

Web design, 212 Color artist

See

Collectibles

See Colonst

Carpal tunnel syndrome, 100

Color key, 433

line, 334,

(definition);

335;

and the Pantone color system, 335;

Cartography, 203 pnnters, 87-88, 90-91; proofs, 85, 87-88, 89-91, 433 (definition); separation,

Cartoonist 307-21, 432 (definition); editonal, 311; and electronic publishing, 314;

85. 87-89,

90

91, 92. 93,

433

(definition)

and licensing and merchandising, 320-21; and magazines, 308-10. 309 Colonst 315-16, 317 (chart);

and magazines, submitting

tion. 311-13;

and

reprints, 319,

art to, 308-10,

See

also

(California),

Comic books

307, 314-19, 317 (chart); alternative. 317;

Commission,

See 167-77, 177 (chart); illustration

(chart),

in,

6, 8-9, 78,

202-03, 433 (definition);

and

also Fees; Royalties

277-78 (chart); illustration

Communication Arts Design Annual. 20

216 (chart)

America ICWA), 100-01

CCNVv.Reid. 45-46

Communications Workers

CD-ROM.

Community for Creative Non-Violence (CCNV), 47

32. 84. 87. 91, 95, 99, 135. 137, 138, 209, 220, 271, 324,

and computer games, 222; cover

clip art

140-41;

fees for

illustration.

and

licensing, 315;

an

and trade practices, 317-18

Comic syndicates, North Amencan. 313-14

Cartoonists Legal Defense Fund. 65 of,

330 (chart)

(chart),

Comic books,

publishing, 315-17;

Cartoonists Association, 309, 31

in offline,

340

Colorways, 339

Cartoonist Guild, 412

Catalogs: design

327 See also Cartoonist

and newspaper syndica-

320 (chart); and sales tax

65-66; self-syndicated. 311; trade practices, 310.

(chart),

432

(definition);

and

Comp

illustrations for. 255;

216 (chart), 217 (chart); and packaging

illustration,

271, 273 (chart)

[

art.

Compact

443

]

of

183-84, 244, 247 (chart); order, 186

discs

See CD-ROM

art contests, 78; form, 202-03.

1

pricing

See

Competitions.

Art contests and competitions

&

ethical guidelines

Copyright Office, 29, 30, 44, 51, 53, 134, 142; address, 34, 44; and

and Information Kit

Compositor, 92-93

site, 34, 42, 44;

Comps

(or

comprehensives),

18, 92, 93, 94, 97,

433

34;

Web

Web sites, 213, 221

and

(definition)

Remedy

Copyright

Compulsory

CORDS,

44; forms, 34, 35; registration with, 28, 33-37, 44;

Clarification

Act 44

licensing, 40-41

Copyright Royalty Tribunal Reform

Computer-aided design (CADI, 293, 335-37, 432

Act 40; and CARPs, 40

(definition)

Copyright Term Extension

Act

41, 114

Computer-colored comics, 315-16 Corporations,

Computer games,

and design fees, 217

96, 207, 222-23;

and nghts,

(chart);

106,

and advertising,

169;

branding, 170 (chart); 172-73; and

and

106,

136,

173-75,

173-74 (chart); and

223; billing,

170-71;

and calendars, 250; and

royalties, 222-23

design projects, 169, 170-71 (chart), 181 (chart); and exhibition design, 198

Computer-generated

art, 84,

87-88, 90-91, 103

and graphic design,

(chart);

and

Computer-Generated Art Invoice, 375-76 (contract)

(chart); illustrations

used

in print

330 (chart)

(CGI), 325,

illustrations

200, 222-24; billable

identity, 106, 170-71 (chart), 172;

216 (chart), 217 (chart); and project proposals, 169; technical

illustrations,

Computer graphics,

and

materials, 181 (chart), 250-51, 252-53 (chart); and logos, 106, 172; and offline

Computer-Generated Art Job Order Form, 373-74 (contract) Computer-generated imagery

169-73;

World Wide Web, 215

illustrations for

expenses

for,

used

by,

292 (chart)

1 1

Cost consultant 246

Computer-ready electronic

ICREF), 86

files

Cost-of-living increases, 110

Computers,

and animation, 324-25; and games, 222-24; and production

69;

Court cases, 24, 31-32, 42, 45-48, artists,

420

See Books

Covers.

Conference on

50, 94, 98-99, 123, 297, 349, 413-15,

204-05; and textile design, 334, 335-37; and training, 225 Fair

Use (CONFU), 39 Creative director, 324, 327, 329 (chart), 433 (definition)

Confidentiality, 363,

433

(definition)

Creative fee.

See Fees

Construction Specifications Institute (CSI), 196

computer games,

Credit line, 113, 182; with

Consultation fees, 67,

1 1

1;

Web

in

Consumer pnce index

223; in surfaceAextile design, 342;

graphic designers, 167

for

design, 213

(CPI), 110

Croquis, 334, 339 (chart), 340 (chart), 434 (definition)

Contests.

See

Art contests

CSS, 208, 225

Contingency

fee.

(definition),

434

(definition)

See Fees Cure provision, 354

Contracts, 4-5,

17,

120-21,

all-rights, 362;

344-407, 366-407 (contract forms), 433 (definition);

back-of-check, 48; blanket 432

263, 348, 349, 355-56,

1

(definition!; boilerplate, 261,

breaches

(definition);

fees, 75-76, 112, 352, 363; for cartoons

(kill)

31

432

-13;

and checks, 349; clauses

computer games,

223;

and

in

of,

360;

and cancellation

newspaper

in collectibles', 144;

confidentiality clause

in,

Damages, 33-34

syndication,

and

of clients, 356-57;

Day

See Per diem

rate.

363, 433 (definition);

Deadlines, 91, 93

and confirmation form, 433 deescalation clause, 434 96-97, 363; glossary terms

(definition);

(definition);

362-65;

for,

355; invoice, 348-49; letter of

and copyrights, 350-52; and

and electronic publishing,

and graphic

agreement

Debts, tracking, 123

86-87,

Deductibility of artwork, 64

artists, 316, 346, 347-50,

347, 436 (definition); for greeting

Deep discount 262

card and novelty design, 202-03; negotiations over, 346-47, 357-59; and no Deescalation, 262 assertion of rights, 364, 437 (definition); oral, 347; pass-through clause

437

(definition);

and payments, 352-53; and

in,

Deliverables, 212

perpetuity, 364; postproject

Demand

348-49; purchase order, 347-48; retainer, 349-50; for reuse sales, 140;

and

rights granted, 107-08, 351, 362;

and

stationery/gift design, 203; with

stock agencies, 137-38; and taxes, 68-70; termination

of,

365;

terms

letter,

Demonstration

128

See

rights.

Rights

for

Derivative works, 94-95, 97, 364; and copyright law, 94-95

Web

design, 212-13; and warranty clause, 365; working, 348.

Work

for hire

See

also

Design:

Converter, 337, 433 (definition)

Copyright 29-44,

55, 90, 106, 182, 261,

(ARPS), 40; and art contests, credit lines, 113;

433

79;

(definition); arbitration royalty

and derivative works,

and electronic art

94-95;

and

Design

in

distribution nghts, 95-96,

84, 86, 88, 93, 94, 96, 100; extension, 41;

and

fair

use,

and

works,

Digital:

96; law, 27; legislation, 31-32, 41, 42, 44-45; licensing nghts, 30;

licensing, compulsory, 40; notice, 33;

and onginal art

53;

ownership,

and reproduction nghts,

royalties, 53; risk of invasion, 39-40; sale of, 5, 6;

transfer of electronic nghts, 31-32;

94;

firm, 110, 166; hourly rates, 110,

and warranty,

40;

and

for proposal

116 (chart)

208, 225 (definition), 434 (definition)

art 65, 66;

file,

91; rights, 29,

and resale

and statutory damages,

See Request

92;

games, 178

(chart); glossary terms, 225-27; proofs,

60

88;

protecting, 96-99; rates of compensation, 40-41; registenng, 28, 33-37, 44; registration fee, 28; renewal, 37;

(definition); proposal.

Desktop publishing (DTP), 84

DHTML, |Oint

434

See Graphic designer

Designers Saturday (DS), 77

panels

Canadian, 58-61; and contracts, 350-52;

38-39; fees, 29; infringement 34, 39-40, 42-44, 93; international, 58-61;

106;

brief, 14-15, 185,

Designer.

Digital

marketplace, 209-10; and contracts, 212-13; and other markets, 224-25

Digital

Media

Digital

Millennium Copyright Act (DMCA), 29, 42-43,

Invoice, 377-79 (contract)

34; 98, 221;

and provider terms

Web design, 213, of service, 43; Section 512 of, 42-44, 98

221;

and work

for hire, 41 Digitizing, 325, 326,

327

CopynghtActof1909,37 Dimensional Copyright Act of 1978, 28, 29, 30, 31-32, 34, 44, 51, 58, 316; and works for

illustrator,

295-300; and computer animation, 325, 325 (chart);

hire,

an photographing artwork 44-45 of,

Copyright Clearance Center (CCC), 422

[

444

]

298-300

of,

295-97; and

pncmg, 297-98; trade practices

Index

Direct mail, 176: design

as promotion,

Directory of Illustration.

176 (chart); illustrations

of,

176,

in

Expenses, 9-10,

brochures, 277 (chart);

See Graphic

73,

86,

90,

and cancellationtermination,

342;

179,

92,

estimates, 86, 87; for graphic designers.

240 (chart)

167;

unreimbursable,

75-76; 76;

for

Use (CONFU),

39;

Web design, 212

Artist Guild

Directory of Syndicated Services, 313

Access Symbols

Disability

Project. 196 Fair

Debt Collection Practices Law, 124

Fair

market value, 64

Disability insurance, 71

Display design, 197-99, 198 (chart) Fair Practices Act, 54

Display faces. 191 (chart), 192 use, 38-39, 42, 60,

Fair

Distribution nghts.

See

and Conference on

249;

98,

Fair

Rights, distribution international, 60

Domestic

products: fees for designing, 338 (chart), 339 (chart); fees for

Fashion

illustrator, 274-78;

fees

276-78 (charts); trade practices

for,

275-76

for,

282 (chart)

llustration for,

Fees: for advertising, 234-44 (charts); for architectural/interior illustration,

dotcom. 209-10 295-96 (chart); and Drapery/upholstery, 340 (chart)

artwork

Drawing programs. See Computer-aided design (CAD) Droit

de

suite.

contests, 77, 81;

in art

in

artist-agent

(chart); for

book jacket design, 183

(chart); for

book jacket

256 (chart); for books, 184, 185 (chart); cancellation

53

agreement

8-9; for

audiovisuals, 249 (chart); for book interior illustration, 257-59

in

illustration, 255,

436

(kill),

(definition); for

cartoon reprints, 320 (chart); for cartoons, 309 (chart); for chart and

Dummy, 434

map

(definition)

design, 204 (chart); for children's books, 260 (chart); for collateral material,

Dun

&

Bradstreet. 126

Dye transfer, 434

176-77 (chart), 238-40 (chart); for computer animation, 325 (chart); consul-

contingency, 433

tation, 111,

(definition)

right 29; for corporate

E-commerce, 84 Editor

illustration,

252-53 (chart);

illustration,

215-18 (charts); for editorial

art, 84, 91, 92, 95, 96; for

265-70; for magazines,

illustrator,

cal/natural science, 286 (chart); for

newspapers, 268-70, 270

newspapers' trade practices, 268-70; and relationship with technical subjects, 291 (chart); and the World

(chart);

and copycorporate

illustration, in

newspapers, 269

digital

magazines. 266-68

(chart);

and electronic

environmental graphic design, 195

(chart); for

198 (chart), 240-242 (chart); for fashion illustration,

design,

exhibition

266-68. 266-68 (charts); of medi-

(chart); for

design proposal, 15-16, 17-18; for

in

(chart); for editorial illustration, in

and Publisher, 313

Editorial

(definition); in contracts, 352-53;

graphic design, 170-71

277-79 (chart); flat 96, 112; for lettering and calligraphy, 189-90 (chart), 191

and

medical/natural science illustration, 285-87 (chart); for

for

(chart);

art rep, 7; of

merchandise design, 201

Wide Web, 215

for

(chart);

outdoor ads, 175

(chart); for

online/digital

215-19

illustration,

242-43 (chart); for package design, 178

(chart),

"Edutainment" 210 packaging

(chart); for

Electronic: bulletin boards, 98; color, 85, 89-91; color separation, 85, 87-89, 90-91, 92, 93;

database, 31-32; defense, 97-99;

file,

86, 88, 90, 91, 93; illustration, 65, 85,

88-89; licensing, 31-32; media, designing tion, 86-87, 92;

postage stamp

for, 13;

prepress, 85, 86; produc-

preproduction

86-87. 434 (definition);

92-93;

and cartooning,

and sales tax

(California),

314, 319;

rights,

66

19;

of, 106;

for,

121; for

Web design,

209

(chart).

See also Cancellation

fees, Rejection fees

FICA, 71

as,

1

and insurance,

security, 72;

maintenance,

File:

12-14; status, 72-73. 74

benefits

and job

terms

(charts);

Embroidery, 337, 434 (definition)

19;

247-48

205 (chart); for promotion, 173-74 (chart); for

for surfaceAextile design, 338-40 (chart); for technical illustration, 291-93

46,

(kill)

Employee, 153-62; freelancer

121; for

illustration,

rejection, 75, 76, 364, 436 (definition), 438 (definition); for retail illustration,

E-mail, 87, 88

71-74, 102;

artists,

payment

273-74 (chart); and

(chart); for

282-83 (chart); retainer, 349-50; for retouching, 193 (chart); setting

publishing, 83-84, 86.

Employment agencies,

305

publication design, 179, 180-81 (chart), 182; of recruitment agency,

retouching, 85; scanning, 86; typesetting, 86; watermark

See Watermarking Electronic

production

(chart); for

illustration,

illustration,

Film: editor, 327;

71; conditions, 155; issues,

temporary agencies, 101-02; and work

90;

ownership,

90; transfer protocol (FTP),

88

output 89

Finder's fee, 10, 138

for hire, 72

Encryption, 98

Entertainment licensing, 320-21

art,

First

reproduction

Rat

Environmental graphic design, 66, 195-97, 195 (chart)

fee.

Fo//o.

Escalation, 262

49-50, 52-53

Fine

rights.

See

Rights, of reproduction

See Fees

110,266

Fonts, 86, 87, 191-192, 434 (definition);

Esquire, 52

and programs,

86,

316

Forbes, 266, 319

Estimate, 86, 87, 93, 96, 119, 438 (definition); and confirmation form, 86, 87 Ethical issues, 4;

and electronic

Ethical standards, 3, 21-25;

and Code

European stamp programs. Exclusivity, 9. 94, 96,

434

art, 84, 93;

and professional practices,

4,

Foreign-language

edition,

254-255,

255

(chart),

256

(chart),

259

(chart),

260 (chart), 262

100

of Fair Practice, 21-22

Forrester Research, 207

302, 304

Freelancers,

5,

69, 71, 72-73, 98-99, 112. 179;

and cartoons, 308, 311-13, 316; and

(definition)

103, 112,

435

and animation, collectibles,

(definition); full-time, 71, 73;

143;

and hourly

324, 326, 329, 330;

as employee, 71. rates, 166 (chart);

Exemption, 64, 67, 88 illustration

Exempt-use

certificate, 67, 68,

Exhibit design, 68, in,

197-99,

69

also

198 (chart); medical/natural science illustrations

Web

and design, designer

Fringe benefits, 71

286 (chart) Full-time workers, 73

[

445

]

231;

and

kill

fees, 75-76;

and sales taxes,

70.

See

pricing

& ethical

Graphic Designer's Invoice,

guidelines

87,

382-83 (contract)

Graphics software. See Software

Gag

cartoons, 308, 317 Graphis, 20

Game

developer, 222-24

Greeting card: design Gift

201

136, 200-03,

of,

340 (chart);

(chart),

illustration for,

wrap, 340 (chart) 278-79, 281 (chart); illustrations' trade practices, 280-83; publishers, 307;

Gifts.

See Novelties

and trade dress, 57

Web design, 225-27

Glossary terms: contracts, 362-65; general, 431-40;

Government works, Graphic

See

60-61.

and

artist

also U.S.

government works and

contests, 76-79, 81;

art

computers, 84-88,

billable

expenses, 111; and

and contracts, 346, 347-50, 366-407

101-03;

95,

Groening, Matt 150

Hackers, 98 (contracts); definition

of,

435; as freelancer,

1 1

conditions

and

155;

for,

and sales

rejection, 112-13;

and

and

115-17, 118-20; per-diem rate

Hanna-Barbera Productions, 326

employment

108-09; salaried, 153-54, 156-57, 158-59 (chart); salaried,

for,

109-10;

for,

Hand-weaver. See Sample weaver

and negotiating,

international rights, 58-61;

hourly rate

2;

and sales tax when cancellation

tax, 65-70;

and

setting fees

Hardware,

91-92

84,

and temporary

rates, 106;

Headhunters, 19 work, 102-03 Health

Graphic Artists Guild,

20, 28, 41, 48, 65, 74, 77,

(UAW

Auto Workers Artist-to-Artist

413;

and

Web

and

membership, and Code

illustrator.

See Medical

illustrator

with United

affiliation

Health issues, related to technology, 100-01 High-res/high-resolution.

Forum, 140, 359, 418; and Artists for Tax Equity IAFTE),

for Illustration (C4I), 84, 415, 417;

416;

16, 409-21;

"Ask Frst" campaign,

Artists United for Universal Health, 414;

28, 39, 100, 142, 414; benefits of

415;

1

Local 3030), 415, 421; and art contests, 77-79;

19,

Campaign

130, 410-11, 418-19;

See Resolution

Holding work, 342; form, 342

Home:

furnishings, 333-37, 338-40 (charts); office, 103; workers, 103

of Fair Practice, 21, 22-23, 115,

Hourly rate, 109-10; formula, 110 (chart)

and

collective bargaining, 72, 74, 410, 414, 415; constitution, 28, 410,

contest surveys, 77, 80;

Directory of

Illustration,

Hours

Contract Monitor, 355, 359, 415, 418;

20,

8,

Access Symbols

411-18; Disability

96,

Project 196, 414, 420; and employment possibilities,

20;

work, 73

of

House: accounts,

and equal pay

HOW magazine,

9; list

142

156

standards, 156; and ethical standards, 21-23; Foundation, 77, 196, 412, 413,

and

414, 419;

Committee,

Communications Center,

Giolito

HTML, 412, 413, 420;

21, 23-25, 126, 128-29, 411, 417, 419; Guild

418; help for staff artists, 161-62; history

and Joint Ethics Committee,

Defense Fund,

411; Legal

News,

410-15; Jobline

of,

208, 21

1,

Grievance

225

(definition),

435 (definition)

142, 411,

News,

20, 416;

134, 415, 420; Legal Illustration:

prices and trade customs, 228-305; stock house.

See Stock house

Referral Service/Network, 131, 132, 140, 412, 413, 419; and legislation, 28, 41, Illustrator,

and licensing,

48, 52, 54, 65, 96;

202; Lifetime

Achievement Award,

41

5;

4-12, 88-90, 99, 229-304, 435 (definition); of advertising, 230, 231-33,

local

234-44 (charts); and art contests, 76-79, 81; billable expenses

for,

111;

Chapters, 20, 410-21; locator services, 419; logo, 54; long-range goals, 410;

member

membership

benefits and services, 418-19;

of

book jackets, 254-55, 255-56

book

(chart); of

interiors, 256-59,

(charts); of books, 254-65; of children's books, 259-65,

409; National

Board

of Compliance, 81

;

of Directors, 41

and USPS, 303;

1,

and pay

418, 419;

er

program

for,

156, 157;

Self- Preservation

site, 34,

78;

3, 4, 12-19,

and bidding on

182-84;

and contracts,

and corporate work, 250-51,

lines,

1

13; of

greeting cards, novelties, and

retail

(GASP), 419

165-205;

and advertising and promotion design, 173

project, 14-18;

and book design,

billing, 18, 171;

84, 88, 95, 111;

359, 362, 415, 417-18, 421

goods, 278-81, 281

Graphic designer,

and computers,

112-14, 384-88 (contracts), 393 (contract);

Web

252-53 (chart); and credit

Graphic Artists for

260 (chart); comput-

rates, 109-10; Seal

statement 409-10; Walter Hortens

vision

Distinguished Service Awards, 415;

257-59

417, 421; mission,

in,

and broadcast design,

and

billable

184-87;

200;

expenses, 85-88,

111;

of

and

15;

onscreen artwork

in

and

institutional

work, 250-51, 252-53 (charts);

motion pictures, television, and video, 249; of

packaging, 271-74, 273-74 (charts); of postage stamps, 302-04, 304

and book jacket or cover design,

and budget

(chart);

by technology, 88-91; and

(chart); professional practices of, influenced

and chart and map

royalty contract 260-63;

and sales taxes,

65-70;

sources

of,

19-20;

and

design, 203-04, 204 (chart); and client relationships, 13-19; and collateral

stock houses, 137-39; working with, 4-12

design, 17, 176-77 (chart); and contests, 76-79, 81; and contracts, 17,

tectural/interior illustrator. Book, Cartoonist Children's books. Dimensional

18, 167,

380-83 (contracts); and computers, 84-88, 95; and corporate projects, 169-72, 170-71 (chart); directions, 18-19;

and deadlines,

15; definition of, 435;

and electronic media, 19;

13;

and employment and

and environmental design, 195-97,

illustrator,

Preproduction artist Scientific

recruit-

195, (chart);

and display design, 197-199, 198

(chart);

and fees,

Estimate

200-03;

Illustrator's Letter of

189-90 (chart); and novelty and merchandise design,

and other graphic industry professionals,

problems with

clients, 86-87;

and production

Confirmation Form, 384-85 (contract)

386-87 (contract) Ail-Purpose, 366-67 (contract)

Partnership of America (IPA), 99

Illustrator's

Release Form

and possible

13, 18;

Agreement

Illustrators'

for

Models, 388 (contract)

artist 204-05; professional

Image: manipulation, 83, 92, 95, 97, practices

of,

158-59 (chart), 166 (chart); sources

See

100; processing, 83,

435

influenced by technology, 85-88; and publication design,

179-82, 180-81 (chart); reasons to hire, 14; role of, 13-14;

and trade practices,

167-68;

and

of,

19-20;

and

Imaging center,

salary, 156-57,

and subcontracting,

18, 19;

Web design, 207-21; working with,

86, 90, 92,

93

Inbetweener, 327, 328, 330 (chart), 435 (definition)

12-19.

Indemnification clause, 40.

See

also

Liability

also Books, Branding, Broadcast designer. Brochures, Catalogs, Indemnity, 261, 354

Chart design. Children's books. Collateral material, Comps, Computeraided design. Computer games, Computer graphics, Design firm, Direct mail,

Request

Graphic Designer's Estimate

&

for proposal,

Technical

15, 16-17, 18;

hourly freelance rates (median), 166 (chart); and lettering and typeface design, 188-92,

&

Illustrator,

and Illustrator's Invoice,

exhibit

also Animator, Archi-

(3-D) illustrator, Editorial illustrator, Fashion illustrator, Marbler,

and design

Illustrator's

ment agencies,

See

Surface or

textile

brief.

Independent contractors. See Freelancers

Design

designers

Confirmation Form, 87, 380-81 (contract)

[

446

Industrial Light

and Magic (ILM), 325

Infant clothing.

See Apparel

]

insurance

(definition)

Medical

illustrator

Index

Inflation.

Web designer

See

fair

use, 38-40;

and reuse. 141-42;

Lawyer, 124, 131-132, 134, 360;

trademark. 56

Layout

In-house publications. 181 (chart) Inker.

Fees.

Lawsuit See Court cases.

Infringement. 34. 39-40. 42-44, 93. 94. 97, 98; and of

See

Late fee

110

Information architects

436

92, 186, 327,

referral, 24

See also Volunteer Lawyers

Legal expenses, 354

315-16 (chart), 327, 330 (chart), 435

(definition).

See

also Animation,

Legal nghts and issues, 28-61; and electronic art 84, 93; related to technology,

Cartoonist

93-100

used

Institutions: illustrabons

in

printed materials, 250-51, 252-53 (chart)

Instructional manuals, technical illustrations

used

in,

Letter of

agreement

All-Purpose

confirmation),

96,

120;

435

See

also Cartoonist

(or

Letterer, 315-16,

Intellectual property, 27; law, 27, 98, 99

Lettenng design, 188-92, 189-90 (chart), 432 (definition)

Interactive media, 84, 225 (definition), 435 (definition)

Letters of

Internal

Web

See

Interface designer

Revenue Code

(IRC).

Revenue Service

designer

Liability

317

(chart);

(IRS), 64. 71, 72;

agreement

(definition).

347

5,

Web

design, 213

Library of Congress, 249, 301

and 20-factor control test 72-73, 74

License, 97, 149-50, 337, 364. 436 (definition); and audiovisual fees. 249; and broad

Stage Employees (IATSE), 326

rights, 97; of foreign

International Licensing Industry

3

insurance, 39-40; and indemnification clause, 40; for portfolios and original art 113-14; for

64

International Alliance of Theatrical

Illustrator's,

66-67 (contract)

292 (chart)

Insurance, 71, 114; and art contests, 78-79; for buyers, 114

Internal

for the Arts

330 (chart), 436 (definition)

(definition); artist 327,

Merchandisers Association (ILIMA).

book

editions, 254-55; for surface/textile design, 337-38

149, 321

Licensee, 149-50 International

Motion Picture Almanac, 329 Licensing, 108, 147-50, 148 (chart), 202;

agent

149;

agreement

149-50, 280, 337-38;

Internet 84, 88, 98, 135, 137, 138, 141, 207, 210. 225 (definition), 359, 435 (definition); of characters, 149, 320-21

and CAD,

design

335;

for,

170 (chart); illustration

for,

;

and comic books,

315; electronic, 31 -32; of greeting card

215 (chart),

and novelty design,

and payments,

202;

150;

product

retail sales,

148 (chart); rights,

217-18 (charts) 30, 149-50; for surfaceAextile designs,

Internet service

337-38 See also Merchandising

provider (ISP), 95, 208, 215-18 (chart), 219, 226 (definition),

Licensing

Agreement

long form, 390-92 (contract); short form, 389 (contract)

435 (definition) Licensing Letter, The, 149 Invasion of privacy, 39 Licensor, 149-50 Invoices. 6. 66, 67, 70, 96, 120. 122. 348-49, 435 (definition!; for computer-generated

art 375-76 (contract); for digital media, 377-79 (contract); for

illustrator,

Life Plus, 36, 41, 50, 51, 59,

386-

87 (contract); for surface/textile designer, 404 (contract)

70

Limited: edition pnnts, 146-47; nghts.

See

Rights

Link-jacking, 221

Litigation,

Jacket

illustration.

See Book,

Jacquard. 336, 435

(definition)

Java and JavaScnpt 226 Job: descnption, 101-03;

Jobline News.

4, 20,

taxes, 66, 68

(definitions),

file,

122

436

ledger, 122, 123

m Magazine Purchase Order for Commissioned

Joint authorship, 96; venture, 103; works, 94-95, 96, 97 1

See Resolution

Low-res/low-resolution.

(definitions)

416

Joint Ethics Committee, 22,

See Court cases

Logo, 172, 436 (definition); design for corporations, 170 (chart), 179; and

jacket illustration

Illustration,

393 (contract)

Magazines, 87-88, 266-68, 307; advertising, 87-88; advertising and promotion

15

174 (chart); and cartoons, 308-10; and cartoons, fees

design

in,

(chart);

design

for,

309

Juried shows, 77-79 Juror, in art contests, 77-79, 80

of,

179-82 180-81 (chart); illustrations

(charts); illustrations in advertising

Map

in,

in,

30, 266-68,

234-35 (chart)

design, 203-04, 204 (chart)

Marbler, 300-02; and Japanese summagashi, 300; trade practices Kelry

v.

AmbaVista,

42, 98, 41

5,

420

Market

Kerning, 86, 92. 436 (definition)

Markup,

Key frame, 244 fee.

See

Cancellation

of,

301-02

categories, 107 (chart); niches, 94. 96

Marketing, 20-21, 73; consultants, 20

Ketubot 191

Kill

266-68

92, 93,

1 1

1,

436

(definition)

Mass-market books, 256 (kill)

fees

Mechanicals,

Kiosks. 225. 242 (chart)

Media

Kitchen products, fees for designing, 338 (chart), 340 (chart)

kit

64, 67.

436

See Press

(definition);

and sales

tax, 64,

67

kit

Media Photographers Copynght Agency (MP®A), 99

Knitted textiles, 336-37, 436 (definition)

Mediation, 75, 76, 129-30, 354, 361, 436 (definition)

Knockoff, 162. 342, 436 (definition)

Mediator, 129, 354, 361

Medical coverage See Benefits

Medical Labor market 101-03

Lanham Act

illustrator,

Merchandising,

49, 57

282-86; fees

for,

285-86 (charts): trade practices

108. 147-50, 201 (chart); of

Millwork. 161-62, 338 (chart)

Laptop presentations, 225

Model

Laser proof. 88

fees.

See Fees

Modelmaker. See Dimensional

[

447

]

illustrator

of,

282-84

cartoon characters. 319-21; income. 320

2

&

pricing

Models, 296-97, 299

Original art, 29, 33-35, 114, 351, 355, 364; alteration/mutilation of, 52-53, 94-95, 114;

and

art contests, 77-79;

audiovisual works, 249, 249 (chart); and cancellation fees, 112; and

in

91

computers,

Moral

and appraisals,

261, 364, 438 (definition);

Model sheets, 328

Modem, 88,

ethical guidelines

rights, 51, 52-53, 58, 60, 364,

436

(definition);

and the

Beme

Convention,

84, 87, 88, 93, 94;

portfolios, 113;

51, 53, 60; international, 58, 60; legislation, 51, 52-53, 60, 364; protections,

and

and rejection fees,

fair use, 38-39;

113; for retail

free, 95-96; sale of, 5, 6, 53-54, 64, 87, 106;

51, 52-53

of, 29;

Morphing, 325

versus derivative

and

liability,

113-14; in

goods, 279, 334; royalty-

and sales

tax, 64, 65; transfers

94-95

art,

Outdoor advertising, 175 (chart)

Motion pictures: artwork 324, 325; posters

249, 249 (chart);

in,

in,

computer animation, 243

(chart),

Output methods, 90-91

243 (chart)

Overhead, 91-92, 437

(definition)

Motion Picture Screen Cartoonists (MPSCI, 326, 328, 329, 330 (chart)

Ownership

of the art, 54, 437 (definition)

Mugs. See Novelties Multimedia, 96, 225; design, 210 (chart); designers, 91

Musical recordings,

illustrations in

packaging

tor,

273

Package: design, 178 Packager,

n

6,

Packaging: Napkins, 339 (chart)

Endowment for the

the Associated Press. 420

v.

Paper products, 283

National Writers Union, 99, 414

Paperback books,

Natural science illustration, 285-87 (charts) Negotiation, 29, 86-87, 89,

trade practices for illustrations

Page: composer, 90, 103; makeup,

Arts (NEA), 77, 196,420,

114-20;

274 (charts)

273-74 (charts); technical illustrations used

illustrations in,

(chart);

National Association of Freelance Photographers National

(chart); illustration, 271-73,

437 (definition)

85, 89, 92, 93,

in,

437

(chart); trail, 98, 121, 127, 358,

in,

292

271-72 (definition); rate pricing,

110

360

256, 262

Pass-through clause, 263

agenda, 115-16; of contracts, 346, 357-59,

and meetings, 117-18; and money, 118-20, 358;

116-17;

tactics,

Patent, 55, 437 (definition)

by Patent and Trademark Depository Libraries, 55

telephone, 117

Patent and Trademark Office (PT0), 55

New York Committee for Occupational

Safety and Health (NYCOSH), 101

Payment,

New Yorker,

extension of time, 127-28; for graphic designers, 167; terms,

73, 352-53;

The, 266, 267 (chart), 291 (chart), 308, 309 (chart" 121, 352-53;

Web design, 21

terms for

New York Gold, 2D Penalties, 121

New York State

Department

and Finance,

of Taxation

70;

Web

site,

70 Pencilers, 315-16, 317 (chart).

New York

See

also Cartoonist

Times, The, 101, 268

Pension, 71

Newsletters: design

170 (chart); in-house, illustrations

of,

252 (chart);

in,

Per diem, 108-09, 437 prototype design

for,

(definition!; rate formula,

Performance nghts. See

Newspapers,

87-88, 268, 307; advertising

and cartoonists, 311-14; design

and promotion design

in,

174 (chart);

179-80; illustrations

in,

268-70, 270

of,

(chart); illustrations in advertising in, 236-37 (chart);

311-14; trade practices for illustrations

Noncommercial educational broadcasting Noncomplete clause,

for

in,

syndicated cartoons

Web

Nonpayment

9,

437

Photograph: and computers, 85; retouched, 95 design

for,

213

Photography, 65, 297-98

Web design, 213

(definition); nghts,

performance

Permission, 84, 87, 88

268-69

stations,

Rights, of

Perpetuity, 364, 437 (definition)

in,

Photo

Nondisclosure Agreement for Submitting Ideas, 394 (contract) Nonexclusivity,

109 (chart)

252 (chart)

illustration, 192-94,

193 (chart)

Photoplay, 244

93

Photoshop,

126-27

156, 157,211

Photostats, 90

Nonprofit organizations, and art contests, 77, 79, 81

Picture books, 260 (chart)

North American Licensing Industry Buyers Guide, 149 Novelties, 437 (definition); design

of,

200-01; design fees

(chart); illustrations for, 278, 281

(chart);

Pixel, for,

338

merchandising

(chart),

of,

340

226

437 (definition)

(definition),

Placemats, 339 (chart)

201 (chart); Plagiarism, 437 (definition)

products, 201 (chart)

Playboy Enterpnses, Novelty,

retail

goods,

and

surface

design,

201-02,

279-80,

Portable

Offline illustration, fees for,

Postage stamp

216 (chart), 217 (chart)

illustration,

fees

for,

(in

motion pictures, television, and video), 249; fees

110,

46, 48, 99, 123, 349,422

5,

201 (chart), 224

266

1

18,

437

(definition).

illustration, 302-04,

Posters, 175; illustrations

215 (chart), 217-18 (chart); sales,

in

See also Samples

304 (chart)

motion picture and theater

&

event 243

(chart);

station, 175 (chart)

141;service, 29

Onscreen artwork

Dumas,

document format (PDF), 87-88

Portfolios, 4, 6, 8,

Occupational Safety and Health Administration I0SHA), 101

cartoons, 314;

v.

Point-of-purchase (or sale) display material,

Popular Mechanics,

Online:

Inc.

282 (chart),

338-40 (charts)

for

Prepress: process, 92, 93; specialist 103

usage,

Preproduction artist 244-47; fees, 245-46, 248 (chart); and trade practices, 246-47

249 (chart)

Opaquer. See Inker

Preproduction

illustration,

practices

[

448

]

for,

244-47;

246-47

comparative fees

for,

247-48 (chart); trade

Index

Retainer, 17, 175,349-50

Presentations. 118: boards. 437 (definition); medical/natural science illustration

285-86 (chart)

in.

Preseparated Press

art.

Retouching, 95, 100, 192-94,

kit 175, 176 (chart).

Preston

v.

Retoucher, 192, 193 (chart), 194, 438 (definition)

89

Board of Equalization, 65

Web

205: for

Pnnted

textiles,

digital

versus handwork,

193;

and

prices,

135,

140;

Return of artwork, 263, 343, 438 (definition)

Pncing, 91-93. 106-11; for animation, 329, 329 (chart), 330 (chart); and computer-

generated art 91-93;

193 (chart);

pricing, 194

239 (chart)

for exhibition design, 198-99;

design. 214. 215-18 (charts)

See

by production

Reuse,

134-42, 439 (definition); fee,

108,

94,

sales by

artists,

sales by

artists, 135-36;

136;

stock houses, 137-39; sales online, 141; and

also Fees

136;

rights,

representative, 136-37; sales by

artists'

taxability, 66;

and technology,

135; unauthorized, 141-42

337

Reversionary interest proviso, 59

Pnnt Regional Annual, 20 Production artist 157, 158-59 (chart), 204-05, 205 (chart), 437

(definition);

Reversion

and

pncing, 205 (205 (chart)

438

rights, 30, 59,

(definition)

Revision, 93

Product and service catalog, 177 (chart)

artwork, 99,

Rights: to

106-08; assigning, 431

(definition);

and attnbution, 431

cancellation/termination, 75, 76, 99, 113, 365; celebrity and

(definition);

Professional: education, 92; issues, 62-81; relationships, 3-25

privacy (including exceptions), 48-50; and computer games, 223, copyngfrt, Profit-sharing, 71

deceased,

29-30; of

Project fee.

See Fees

38, 93, 106; first 434 (definition); first

Project team, 219

Promotion.

See

See Design

Act 54

Public Broadcasting

73; distribu-

exclusive unlimited,

North American

serial,

434

5,

(definition);

(definition); moral, 51-53;

noncompeting, 437

(definition);

nonexclusive,

brief

outdoor use,

93, 106, 364;

Protection of Artists

works, 94-95; discharge,

for graphic designers, 167; limitations, for surface design, 343; to modify,

Advertising

438 Proposal.

49; of derivative

tion, 95-96; electronic, 5, 31, 86, 95, 262-63, 363, 414;

5;

performance,

96; publicity, 48-49; of quitting, 73;

reprint 438 (definition); reproduction, 67, 68, 87, 89, 90, 91, 93, 94-95, 96,

System (PBS), 40

106-08,

reuse, 108, 134-35, 140; royalty-free distribution,

182, 337, 364;

95-96; simultaneous, 439 (definition); sublicensing, 365, 439 (definition); sub-

Public domain. 39, 88, 438 (definition); art 221

439

sidiary,

usage,

(definition); transferred, 29, 31, 45, 77, 78, 79, 120, 362;

Publication designers, 179, 180-81 (chart), 182

Web design, 213. See also

106-108, 231, 254-55, for

Termination rights

Puppet animation, 325, 328

See

Rights-free art

Purchase order,

4-5, 6, 120, 347-48,

438

(definition);

usage

rights

Clip art

and categones, 5 Rogers

v.

Koons, 297

Rollover contract 137-38

Roughs, 327, 438

(definition)

Quality control, 96. 263 Royalties, 96, 108, 438 (definition);

Quantity orders, 343

and agreements,

computer games, 222-23; and contracts,

Quark. 156, 157, 208, 211

95-96;

RSVP,

8,

and resale,

108;

and cartoonists,

260-63;

and surface/textile designers, 337-38, 338

53;

316;

and electronic

and

art, 84,

(chart)

20

Rush work, 343 Raster system (or RIP), 91, 438 (definition)

s

Rates of compensation by CARPs, 40-41

Reader's Digest 266, 266

Recording covers, 271;

(chart), 291 (chart)

illustration for, 271-73,

Salaried employees,

animators as, 328-30, 329

153-62;

broadcast designer as,

273-74 (chart)

reviews, 155; salaries

Record keeping, 120-23; system, 121-22

160;

design

staff as, 156-57;

(chart),

330

(chart);

production staff as, 157;

156-57, 158-59 (chart), 162; surfaceAextile design-

of,

er as, 161-62

Recruitment and search agencies, 19 Sale of nghts.

References: checking,

8; file,

438

See

Sales tax, 64-70, Rejection fee, 75-76, 113, 352. 364.

See

also Cancellation

(kill)

Releases, 100

Samples,

Repetitive motion disorders (or strain injuries), 100-01

See

Artists'

Reproduction (reprol copy,

exemptions

90,

438

(definition); California, 65-66, 88-89; collection

8,

1

13; in

67-70; Massachusetts, 66; Minnesota, 66;

reporting form, 70; special,

stationery

and

gift

in

New York City, 69-70

design, 203

Scanning, 92, 94

(definition)

for proposal (RFP), 14-18, 169. 196;

439

for, 64,

Sample weaver, 336

representative

Scarves and handkerchiefs, fees

Reproduction nghts. See Rights, reproduction

of,

122-23;

New York, 66-70;

Remaindering, 263

Request

88, 122-23, 353,

fee of,

Representative.

Rights

(definition)

for designing, 339 (chart)

Schedule C of IRS Form 1040, 109

development

16-17 (chart); specifications to include

in,

of,

15-18; parts/phases

Scientfic American, 110

15 Scientific illustrators, 286-88; trade practices of, 287-88

Resale, 67, 136; certificate, 64, 68, 69; number, 68; royalties, 53 Scitex Graphic Arts Users Association, 86

Resin-coated (RC) paper, 90

Second-use

(or

secondary) nghts. See Reuse

Resolution, 85 90-91, 96, 100, 438 (definition)

Self-promotion,

6,

20-21

Retail catalogs, 277-78 (chart)

Service: bureau, 85, 90, Retail products, 333;

and agreement 349-50; design

of,

1 1 1

,

205; mark, 54, 55, 439 (definition)

178 (chart); and fees

Service Employees International Union (SEIU), 101 for surface/textile design. (chart);

packaging,

338

(chart),

illustration for,

273

340

(chart); illustration for, 278, 281

Service fee. See Fees

(chart); trade practices for illustra-

SESAC.40

tion for, 279-80, 281 (chart)

[

449

]

&

pricing

SGML,

226

(definition),

Shareware, 222, 226

439

ethical guidelines

and animation, 324; fees

Television: animatics, 245;

(definition)

243

(definition)

for

animated commercials,

fees for preproduction, 248 (chart); onscreen artwork for

(chart);

249, 249 (chart); salanes for animation artists

in,

329 (chart), 330 (chart);

Sheets and pillowcases, 339 (chart) storyboards

Shower

244-45, 248 (chart)

for,

curtains, 340 (chart)

Temporary employment agencies: and compensation,

Showroom

illustrations,

439

(definition)

Signage, 195-96; proiect proposals, 196-97

Simeonov

Teh J. McDenvott. CMI,

Tiegs, 50

v.

Sketches, 89, 439

and graphic

102;

artists, 102-03;

etal.

(definition);

and additional fees, 89

Textbooks, 136, 187, 440

Sliding scale, 96

of,

See surface

Textile designer.

Textiles, 336; knitted, 336-37;

Social Security payments, 71, 122

Texture maps, 325

Society of Environmental Graphic Designers (SEGDI, 66, 196, 413

Thermal wax

Annual. 20

3-D

Society of Photographer and Artist Representatives (SPAR), 22. 137

Software, 84, 85,

86, 87-88, 89, 91-92, 97, 207, 224;

design

of,

designing programs, 224; graphics, 324-25, 326; packaging

tion

273 (chart); and

for,

textile design, 335,

agreement

of

Inc., 94, 423,

428

263; nghts, 30, 440 (definition)

design fees

for,

185 (chart); interior design

or textile designer

and licensing, 337-38; pnnted, 337; woven, 336

(or transfer), 91

illustrator.

See Dimensional

illustrator

Tie-ins, 271

Time

178 (chart), 217

(chart);

;

(definition);

Small-claims court 24, 130-31, 361

Illustrators, 22;

Advanstar Communications,

1 1

258 (chart)

Small-country stamp programs, 302, 304, 304 (chart)

Society of

v.

Termination: of agent by artist

102; contracts offered by,

and unions, 102

illustra-

to

market 87

Towels, 340 (chart)

336-37

Trade books, 186-87, 256; design fees, 185 (chart) Speculation, working on, 76, 173, 341, 439 (definition).

See

also Art contests

Trade dress, 56-57, 440

Spot

illustration, 266,

439

Trade magazines,

Spread

illustration.

Standard Rate

See Postage stamp

& Data

Service, Inc.,

1

illustration

and the Lanham Act 57

and contests,

10,

440

50, 54-56,

buildings, 55-56;

116

77, 78, 81,94, 180-81 (chart)

book

art (or illustration), 134, 137; online,

corporate

219 (chart)

and landmark

232-33; for architectural/interior

illustration,

illustration,

cartoons

illustration, 264-65; for

310; for collectibles industry, 144-46; for

190 (chart)

registration, 55-56;

a painting, 50; protection, 55-56

in

illustration, 294-95; for

for,

and federal

(definition);

Trade practices: for advertising

Stationery design, 201-02, 201 (chart); for corporations, 170 (chart); lettering

Stock

116;

266

illustration,

Trademark.

Stamp

(definition);

(definition)

comic book

250-51; for dimensional

in

magazines,

illustration, 317-18; for

illustration,

299-01; for

editorial illustration, 268-70; for fashion illustration, 275-76; for

Stock house

graphic

pros and cons of

(or agency), 84, 95, 99, 100, 134-35, 137-39, 142;

designers, 167-68; for marbling, 302-03; for medical illustrators, 284-85; using, or reuse sales, 137-39 for

Storyboard, 244-45, 439 (definition); and animation, 325, 327, 328, 329 (chart),

330 (chart); fees

for,

248 (chart)

illustration.

Trade

Studio policy, setting up, 356 19;

and sales

tax,

Subsidiary sales,

Surface or

See in

illustration, 246-47;

280-81; for scientific

illustration,

design, 341-43; for technical

289-90

exhibit design, 197, 198 (chart), 199

and computer-based programs, 225

Transparency, 89, 90, 91 92, 440

Rights

,

book publishing, 262

children's

textile designer, 160-62, 333-43,

CAD,

goods

Translation, 94

Sublicensing, 365

Subsidiary nghts.

show

Training costs, 92;

64

preproduction

illustration, 272-73; for

288-89; for surface/textile

illustration,

Stress:in negotiations, 115; in workplace, 102

Subcontracting,

packaging

or reuse sales, 140; for retail

335-37; fees or

commissions

338-40 (charts), 439

for, 9,

(definition)

Trapping, 85, 89-90, 92 (definition);

338-40 (chart); of knitted

and

20-factor control test 72-73, 74

textiles,

2-D illustrator

See Dimensional

illustrator

336-37; and licensing of work, 337-38; of printed textiles, 337; royalties

Typefaces for,

337-38, 338 (chart); seasonal trends affecting, 334; trade practices

341-43; working with reps, 341; of

woven

textiles, 336,

(or typography), 97, 191-92.

440

(definition);

design

of,

188-92, 191 (chart)

for,

339 (chart)

u Surface/Textile Designer-Agent

Agreement

Surface/Textile Designer's Estimate

&

8,

395-00 (contract)

Unauthorized use, and contracts, 347

Confirmation Form, 401 -02 (contract)

Unemployment insurance,

Surface/Textile Designer's Holding Form, 403 (contract)

Unions: and

Surface/Textile Designer's Invoice, 404 (contract)

Syndication, 439 (definition); and

71

home workers,

103;

and temporary employees,

102, 103

United Auto Workers. 415

newspaper cartoon. 311-13

United Nations Postal Administration (UNPA), and stamp illustration, 302, 304, 304 (chart)

Universal Cartoon Studios, 326

Tabletop products, fees for designing, 338-39 (charts) Universal Copyright Convention (UCC), 51 Tasini

v.

The

New York

Times, 31-32. 94, 99, 407

Unpublished work, 35 Tax: deductions, 71; lawyer, 70

UPA Tax-exempt organizations,

64,

Pictures, 326

67

Upgrade requirements, 92 Technical

illustrator,

288-92, 290-92 (charts); trade practices

of,

288-89

URL. 226

(definition),

440

(definition)

Technology issues, 82-103; pncing considerations with, 91-93 Usage, 106-08; international,

Telephone negotiating. See Negotiation

[

450

]

108; nonexclusive,

437 (definition)

index

Use tax See Sales tax

US

Department

of Justice. 196

US

Department

of Labor,

U.S.

government works.

US

Patent and Trademark Office, 39, 55

Women's Bureau

of,

156

61

US. Postal Service (USPSI. and stamp

illustration. 302-04.

304 (chart)

Vector system, 440 (definition) Video. 91, 96; artwork used

249

249,

in,

(chart);

packaging

Illustration

for,

273 (chart) Video games. See Computer games Virtual reality (VRI, 227,

Visual Artists Rights

440

Act

(definition)

52-53, 60, 147, 364

Visual development (vis-dev)

artist,

326, 329 (chart)

Volunteer Lawyers for the Arts, 130, 131-32, 361; state

VRML.

listings of,

132-33

221, 226 (definition), 440 (definition)

w Waft Disney Pictures and Television, 326

Warner

Bros. Animation, 326

Warranty, 261, 353, 365. 440

See also Copyright

(definition).

Washington Post 268 Watermarking,

98, 142, 221

Wayfinding, 195

Web. See World Wide

Web

Isitel

Web (WWW)

design, 207-21; contract terms

glossary

for,

proposal

for,

225-27; pncing

for,

212-13; and copyright, 213, 221;

214, 215-19 (chart); proiect

for,

211; questions to ask about, 219-21;

team

and usage

for,

218-19;

rights, 87

Web

designer, 91, 101, 103, 156, 166, 208-09, 209 (chart), 210-11; and salary, 156-57,

Web

Site

159 (chart), 215-19 (chart)

Web

Design

sites,

87,

&

Maintenance Order Form, 405-07 (contract)

98;

(definition);

designer,

design

and

of,

Inc.,

Window display design. See 8,

and

home page

etiquette, 222;

of,

and surface design, 335. See also

435

Web

Web (site) design

Wendtv Host International.

Workbook, The,

208-21;

resale, 136;

50

display design

20

Workers' compensation insurance, 71

Work

for hire, 27, 44-47, 58, 71, 72, 94, 179,

cartoonists, 316;

categones

107-08, 121, 352. 365;

of. 45;

440

(definition);

and computers,

and copynght terms,

by independent contractors, 45-46,

41, 99;

abuses, 46-47; and

84; contracts, 45-46, 48,

and employees, 45-46,

72;

47; international, 58, 59-61; legislation,

4W6, 47, 48; Workstations, 100-01

World

Intellectual Property Organization, 29

World Wide

Web (WWW),

(definition); pricing of

Woven textiles,

13,

20,

84, 98,

design and

137,

141,

166,

illustration for, 214,

226

(definition),

440

215-18 (charts)

336-37, 339 (chart)

Writer, 316, 317 (chart)

See

also Cartoonist

W-2 forms, 74

XML,

208, 226 (definition),

440 (definition)

[

451

]

^v

?

Membership Application Employment Status you are on mark "1" for If

and do freelance work as and "2" for freelance.

staff staff

well, please

Staff

Freelance (includes business owners, partners,

D

and corporation

principals)

Retired Graphic Artist

Expected year of graduation

Student

(Students must include photocopy of current college

ID.)

Discipline

The Graphic al

Artists Guild,

UAW

Local 3030,

organization with local chapters.

is

a nation-

When you

join the

you join the National organization and are assigned to a local chapter servicing your area. If there is no local chapter near you, you will be assigned Guild,

order of importance, please indicate up to three (e.g., illustration, graphic design, artist's

rep, cartoonist, etc.).

Primary D scipline i

Secondary Discipline

At-Large Chapter.

to the

In

disciplines

Your membership is effective upon our receipt of this completed, signed application, the application fee, and the appropriate dues amount. Please allow 3-4 weeks to receive your membership material.

about membership please call the Membership Department at 800.500.2672 or e-mail [email protected].

For questions

Tertiary Discipline

Markets order of importance, please indicate up to three markets in which you work (e.g., advertising, book publishing, corporate, packaging, etc.). In

Primary Market

Please

Secondary Market

sign

it,

Te rtia ry Market

York,

NY

complete all portions of this application, and return it with your application fee and dues payment to: Graphic Artists Guild, UAW Local 3030 AFL-CIO CLC, 90 John Street, Suite 403, New

If

10038-3202

How

D may

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application to 212-791-0333. Direct mail

Please print legibly. Social Security

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Members may

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(after

To offset the administrative expense of processing new memberships, the Guild collects a $25 fee with each

I

derive

artist

Members Only more income from my own work as a graphic do as the owner or manager of any

than

I

business, which profits from the buying and/or selling of graphic artwork. agree to abide by the Constitution I

membership

application. Please note that

membership

dues and application fees are not refundable. $12 of your dues is for your subscription to the national Guild News. Full

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Per Year (please check category):

and By-Laws** of the Graphic Artists Guild and do hereby authorize the Guild to act as my representative with regard to negotiation of agreements to improve my wages, fees, hours, and conditions of work. further assign nonexclusive agency rights to the Graphic Artists Guild and extend to it my power of attorney to I

Income under $12,000/yr

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Income $12,000-$30,000/yr

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represent

Income $30,000-$55,000/yr

$215

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$270

Senior [new]: age 60

$120

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(withIO years of membership)

I

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contractual interests.

further understand that

Artists Guild

is

I

I

I

I

n Collective Bargaining Unit Member: gross income (but no less than the tutionally

mandated

artists for

whom

full

1.15% annual

minimum

membership dues)

consti-

for staff

n

dues owed

prior to the date of

my

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the Guild negotiates and enforces

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I

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and that will be billed for membership dues annually on the anniversary of my original application. If wish to resign from the Graphic Artists Guild, understand that must do so in writing and that will be responsible for the payment of any dues owed prior to the date I

I

I

All

Other Associates

$115

I

*The Student category at least 12 credit

hours.

is It

is

available to full-time students carrying valid for

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CARD

AZW_

^ttHTWN

GETTING

PROMOTION |V

M4CE THRff

aphic Artists Guild Handbook: Pricing & industry ical Guidelines. 10th Edition is the containing information all graphic artists an' ,

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in a t