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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