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Graphic
Artist Guild
The Graphic Artist Guild is mandated by its constitution to
monitor, support, and foster ethical standards in all dealings
between graphic artists and buyers. This is accomplished through
Guild programs for members, through cooperation with related
organizations, and through legislative activity on local, state and
federal levels.
Tangled Spider Design Group strives to establish equitable and
ethical relationships in its practices of buying and selling graphic
arts and website design services. We value the accepted standards of
ethics and professional conduct outlined in the Code of Fair
Practice of The Joint Ethics Committee. The articles of this code
relevant for our clients are reproduced below:
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Article 1 |
Negotiations between an artist or the
artist’s representative and a client should be conducted only
through an authorized buyer.
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Article 2 |
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.
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Article 3 |
All changes and 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.
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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.
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Article 5 |
If work commissioned by a buyer is
postponed or cancelled, a ‘kill-fee’ should be negotiated based on
time allotted, effort expended and expense incurred.
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Article 6 |
Completed work shall be paid for in
full and the artwork shall be returned promptly to the artist.
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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.
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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 nonconformance with
agreed specifications, it will be considered a breach of contract by
the artist.
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Article 9 |
Whenever practical, the buyer of
artwork shall provide the artist with samples of the reproduced
artwork for self-promotion purposes.
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Article 10 |
There shall be no undisclosed rebates,
discounts, gifts, or bonuses requested by or given to buyers by the
artist or representative.
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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.
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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. 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. All transactions
shall be in writing.
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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.
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Article 14 |
Commissioned artwork is not to be
considered as ‘work for hire’, unless agreed to in writing before
work begins.
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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.
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Article 16 |
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.
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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.
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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.
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Article 19 |
All published illustrations and
photographs should be accompanied by a line crediting the artist by
name, unless otherwise agreed to in writing.
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Article 20 |
The right to remove the artist’s name
on published artwork is subject to agreement between artist and
buyer.
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Article 21 |
There shall be no plagiarism of any
artwork.
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Article 22 |
If the artist is specifically
requested to produce any artwork during unreasonable working hours,
fair additional remuneration shall be paid.
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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.
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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.
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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.
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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 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.
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Article 27 |
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.
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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.
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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.
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Copyright © 1995 by The Joint
Ethics Committee, Post Office Box Number 179, Grand Central Station,
New York, NY 10017, USA.
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.
Tangled Spider Design Group has adapted the above guidelines and
their natural extensions to the electronic and website publishing
environments, in its dealings with its clients
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Avoid
CAPITALITIS
Please note that Tangled Spider
Design Group offer copyrighting at an hourly rate - copyrighting is
not included in quotations or proposals for any project unless
stated otherwise.
Also, see:
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