The
intention of the Code is to uphold existing law and tradition
and to help define an ethical standard for business practice
in the graphic communications industry. Drafted in 1948, the
Code was conceived to promote equity for those engaged in
creating, selling, buying and using graphic arts. The Code
has been used successfully since its formulation by thousands
of industry professionals to create equitable relationships
in the business of selling and buying art. Each artist should
individually decide whether to enter art contests or design
competitions, provide free services, work on speculation or
work on a contingent basis. Each artist should independently
decide how to price work. |
|
RELATIONS BETWEEN ARTISTS AND BUYERS
|
The
word artist should be understood to include creative
people in the field of visual communications such as illustration,
graphic design, photography, film and television. This code
provides the graphic communications industry with an accepted
standard of ethics and professional conduct. It presents guidelines
for the voluntary conduct of persons in the industry which
may be modified by written agreement between the parties. |
|
|
|
Article
1 |
|
Negotiations between
an artist or the artists representative and a client
shall be conducted only through an authorized buyer. |
|
|
|
Article
2 |
|
Orders or agreements
between an artist or artists 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 |
|
All changes or additions
not due to the fault of the artist or artists representative
should be billed to the buyer as an additional and separate
charge. |
|
|
|
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 artists representative. |
|
|
|
Article
5 |
|
If work commissioned
by a buyer is postponed or canceled, a kill-feeshould
be negotiated based on time allotted, effort expended and
expenses incurred. In addition, other lost work shall be considered. |
|
|
|
Article
6 |
|
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 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 |
|
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 buyers failure,
the artist should endeavor to adhere as closely as possible
to the original schedule as other commitments permit. |
|
|
|
Article
9 |
|
Whenever practical,
the buyer of artwork shall provide the artist with samples
of the reproduced artwork for self-promotion purposes. |
|
|
|
Article
10 |
|
There shall be no
undisclosed rebates, discounts, gifts, or bonuses requested
by or given to buyers by the artist or representative. |
|
|
|
Article
11 |
|
Artwork and copyright
ownership are vested in the hands of the artist unless agreed
to in writing. No works shall be duplicated, archived or scanned
without the artist's prior authorization. |
|
|
|
Article
12 |
|
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 |
|
In case of copyright
transfers, only specified rights are transferred. All unspecified
rights remain vested with the artist. All transactions shall
be in writing. |
|
|
|
Article
14 |
|
Commissioned artwork
is not to be considered as work for hire unless
agreed to in writing before work begins. |
|
|
|
Article
15 |
|
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 |
|
Art or photography
should not be copied for any use, including client presentation
or comping without the artists prior authorization.
If exploratory work, comprehensives, or preliminary photographs
from an assignment are subsequently chosen for reproduction,
the artists permission shall be secured and the artist
shall receive fair additional payment. |
|
|
|
Article
17 |
|
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
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 |
|
All published illustrations
and photographs should be accompanied by a line crediting
the artist by name, unless otherwise agreed to in writing. |
|
|
|
Article
20 |
|
The right of an illustrator
to sign work and to have the signature appear in all reproductions
should remain intact. |
|
|
|
Article
21 |
|
There shall be no
plagiarism of any artwork. |
|
|
|
Article
22 |
|
If an artist is specifically
requested to produce any artwork during unreasonable working
hours, fair additional remuneration shall be paid. |
|
|
|
Article
23 |
|
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 |
|
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 |
|
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 |
|
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 representatives
financial contribution to any ongoing advertising or promotion.
No representative should continue to show an artists
samples after the termination of an association. |
|
|
|
Article
27 |
|
Examples of an artists
work furnished to a representative or submitted to a prospective
buyer shall remain the property of the artist, should not
be duplicated without the artists authorization and
shall be returned promptly to the artist in good condition. |
|
|
|
Article
28 |
|
Interpretation of
the Code for the purposes of arbitration shall be in the hands
of the Joint Ethics Committee or other body designated to
resolve the dispute, and is subject to changes and additions
at the discretion of the parent organizations through their
appointed representatives on the Committee. Arbitration by
the Joint Ethics Committee or other designated body shall
be binding among the parties, and decisions may be entered
for judgment and execution. |
|
|
|
Article
29 |
|
Work on speculation;
Contests: Artists and designers who accept speculative assignments
(whether directly from a client or be 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. |
|
|
|
* Artwork
ownership, copyright ownership and ownership and rights transferred
after January 1, 1978 are to be in compliance with the Federal
Copyright Revision Act of 1976. |