The Code of Fair Practices

All bids, contracts, and work done by MSIS are in accordance with the Code of Fair Practices of the Graphic Artist Guild. These guidelines give specific rights and protections to both the Artist and the Client and are the foundation of all work done by Mindy Schmidt Imaging Services. The Code allows both the Client and the Artist to agree to all parameters of a job prior to beginning work. In this way there are no misunderstandings or false expectations and the working relationship is efficient and enjoyable. Too many times in this type of work, expectations by both parties may not be met when contracts are not clearly agreed to. It is my goal to be sure that my Client gets what she has paid for and that the experience leaves my business card on her desk for future work.

…

The Graphic Design Industry’s Code of Fair Practice

The code has been provided here as it appears in the Graphic Artis Guild Hand book: Pricing & Ethical Guidlines 10th Edition.

The intention of the Code of Fair Practice, drafted in 1948, was to uphold existing law and tradition and to help define an ethical standard for business practices and professional conduct in the graphic communications industry. Designed to promote equity for those engaged in creating, selling, buying and using graphics, the code has been used successfully since it’s formulated 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. The ramifications of a professional’s behavior must be carefully considered. Though the code does provide guidelines for the voluntary conduct of people in the industry, which 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 contingent basis. Each artist should independently decide how to price work.

Article 1. Negotiations between an artist or the artist’s representative and a client shall be conducted only through an authorized buyer.

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 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 artist’s 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 artist’s representative.

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 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 nonconformance 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. Whenever practical, the buyer of art-work 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 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.

Article 16. Art or photography should not be copied for any use, including client presentation of “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. 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 a line crediting the artist by name should accompany photographs, 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 any artist is specifically requested to produce any artwork during unreasonable working hours, fair additional remuneration shall be paid.