Adapted from The Graphic Artists Guild Handbook, Pricing and Ethical Guidelines (11th Edition, 2003).
Code of Fair Practice Table of Contents
- INTRODUCTION
- ARTICLE 1. NEGOTIATIONS
- ARTICLE 2. AGREEMENTS TO BE IN WRITING
- ARTICLE 3. CLIENT CHANGES
- ARTICLE 4. CHANGES DUE TO ARTIST ERROR
- ARTICLE 5. CANCELLATION
- ARTICLE 6. PAYMENT
- ARTICLE 7. ALTERATIONS TO ARTWORK
- ARTICLE 8. DELAYS
- ARTICLE 9. SAMPLES
- ARTICLE 10. REBATES, DISCOUNTS TO BUYERS
- ARTICLE 11.COPYRIGHT; OWNERSHIP OF ART
- ARTICLE 12.* ORIGINAL ART AND ELECTRONIC FILES
- ARTICLE 13. COPYRIGHT TRANSFERS
- ARTICLE 14. WORK FOR HIRE
- ARTICLE 15. RE-USE
- ARTICLE 16. PERMISSION FOR COMPING, EXPLORATORY WORK
- ARTICLE 17. PRIOR AGREEMENT FOR USE BY SECOND ARTIST
- ARTICLE 18. ELECTRONIC RIGHTS
- ARTICLE 19. CREDIT LINE
- ARTICLE 20. SIGNATURE
- ARTICLE 21. PLAGIARISM
- ARTICLE 22. UNUSUAL TIME DEMANDS
- ARTICLE 23. AUTHORSHIP
- ARTICLE 24. RETURN OF PORTFOLIOS
- ARTICLE 25. ARTIST-REPRESENTATIVE AGREEMENT
- ARTICLE 26. TERMINATION OF REPRESENTATIVE AGREEMENT
- ARTICLE 27. OWNERSHIP OF ARTIST'S SAMPLES
- ARTICLE 28.
- ARTICLE 29.WORK ON SPECULATION; CONTESTS
INTRODUCTION
Drafted in 1948, the Code of Fair Practice was intended to promote equity for all those engaged in creating, selling, buying and using graphic arts. Its provisions embodied existing law and tradition and helped define an ethical standard for business practices and professional conduct in the graphic communications industry.
The Code has been used successfully by thousands of industry professionals to create equitable relationships in the business of selling and buying art. It has also been used to educate those entering the profession about accepted codes of behavior.
Though the Code provides guidelines for the voluntary conduct of people in the industry, it may be modified by written agreement between the parties. Each artist should individually decide, for instance, whether to enter art contests or design competitions, provide free services, work on speculation, or work on a contingency basis. Each artist should independently decide how to price work.
As used in the following text, the word 'artist' should be understood to include creative people and their representatives in such fields of visual communications as illustration, graphic design, photography, film, and television.
ARTICLE 1. NEGOTIATIONS
Negotiations between an artist or the artist's representative and a client shall be conducted only through an authorized buyer.
ARTICLE 2. AGREEMENTS TO BE IN WRITING
Orders or agreements between an artist or artist's representative and buyer should be in writing and shall include the specific rights which are being transferred, the specific fee arrangement agreed to by the parties, delivery date, and a summarized description of the work.
ARTICLE 3. CLIENT CHANGES
All changes or additions not due to the fault of the artist or artist's representative should be billed to the buyer as an additional and separate charge.
ARTICLE 4. CHANGES DUE TO ARTIST ERROR
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.
ARTICLE 5. CANCELLATION
If work commissioned by a buyer is postponed or cancelled, a 'kill fee' should be negotiated based on time allotted, effort expended, and expenses incurred. In addition, other lost work shall be considered.
ARTICLE 6. PAYMENT
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 7. ALTERATIONS TO ARTWORK
Alterations shall not be made without consulting the artist. Where alterations or retakes are necessary, the artist shall be given the opportunity of making such changes.
ARTICLE 8. DELAYS
The artist shall notify the buyer of any anticipated delay in delivery. Should the artist fail to keep the contract through unreasonable delay or non-conformance with agreed specifications, it will be considered a 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 other commitments permit.
ARTICLE 9. SAMPLES
Whenever practical, the buyer of artwork shall provide the artist with samples of the reproduced artwork for self-promotion purposes.
ARTICLE 10. REBATES, DISCOUNTS TO BUYERS
There shall be no undisclosed rebates, discounts, gifts, or bonuses requested by or given to buyers by the artist or representative.
ARTICLE 11.COPYRIGHT; OWNERSHIP OF ART
Artwork and copyright ownership are vested in the hands of the artist unless [otherwise] agreed to in writing. No works shall be duplicated, archived or scanned without the artist's prior authorization.
ARTICLE 12.* ORIGINAL ART AND ELECTRONIC FILES
Original artwork, and any material object used to store a
computer file containing original artwork, remains the
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.
ARTICLE 13. COPYRIGHT TRANSFERS
In case of copyright transfers, only specified rights are transferred. All unspecified rights remain vested with the artist. All transactions shall be in writing. [No transfers shall take effect until payment in full of all fees agreed to.]
ARTICLE 14. WORK FOR HIRE
Commissioned artwork is not to be considered as work for hire unless agreed to in writing before work begins.
ARTICLE 15. RE-USE
When the price of work is based on limited use and later such work is used more extensively, the artist shall receive additional payment.
ARTICLE 16. PERMISSION FOR COMPING, EXPLORATORY WORK
Art or photography should not be copied for any use, including client presentation or comping without the artist's prior authorization. If exploratory work, comprehensives, or preliminary photographs from an assignment are subsequently chosen for reproduction, the artist's permission shall be secured and the artist shall receive fair additional payment.
ARTICLE 17. PRIOR AGREEMENT FOR USE BY SECOND ARTIST
If exploratory work, comprehensives, or photographs are bought from an artist with the intention or possibility that another artist will be assigned to do the finished work, this shall be in writing at the time of placing the order.
ARTICLE 18. ELECTRONIC RIGHTS
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 discovered is subject to negotiation.
ARTICLE 19. CREDIT LINE
All published illustrations and photographs should be accompanied by a line crediting the artist by name, unless otherwise agreed to in writing.
ARTICLE 20. SIGNATURE
The right of an illustrator to sign work and to have the signature appear in all reproductions should remain intact.
ARTICLE 21. PLAGIARISM
There shall be no plagiarism of any artwork.
ARTICLE 22. UNUSUAL TIME DEMANDS
If an artist is specifically requested to produce any artwork during unreasonable working hours, fair additional remuneration shall be paid.
ARTICLE 23. AUTHORSHIP
All artwork or photography submitted 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 another's work.
ARTICLE 24. RETURN OF PORTFOLIOS
All companies that receive artist portfolios, samples, etc. shall be responsible for the return of the portfolio to the artist in the same condition as received.
ARTICLE 25. ARTIST-REPRESENTATIVE AGREEMENT
An artist entering into an agreement with a representative for exclusive representation shall not accept an order from nor permit work to be shown by any other representative. Any agreement which is not intended to be exclusive should set forth the exact restrictions agreed upon between the parties.
ARTICLE 26. TERMINATION OF REPRESENTATIVE AGREEMENT
Severance of an association between artist and representative should be agreed to in writing. The agreement should take into consideration the length of time the parties have worked together as well as the representative's financial contribution to any ongoing advertising or promotion. No representative should continue to show an artist's samples after the termination of an association.
ARTICLE 27. OWNERSHIP OF ARTIST'S SAMPLES
Examples of an artist's work furnished to a representative or submitted to a prospective buyer shall remain the property of the artist, should not be duplicated without the artist's authorization and shall be returned promptly to the artist in good condition.
ARTICLE 28.
[Deleted. Replaced by ARTICLE 29]
ARTICLE 29.WORK ON SPECULATION; CONTESTS
Artists and designers who accept speculative assignments (whether directly from a client or by entering a contest or competition) risk losing anticipated fees, expenses, and the potential opportunity to pursue other, rewarding assignments. Each artist shall decide individually whether to enter art contests or design competitions, provide free services, work on speculation, or work on a contingency basis.
© Copyright 2003, Graphic Artists Guild
Used with permission.