Welcome to the Contract Monitor Newsletter!

Our apology for the HUGE ad in the last issue of the Contract Monitor. With the help of Carol Johnson, Inc., www.cjco.net, we have set up a new subscription / listserv system. No need for you to do anything. Your names /emails will be remain confidential and secure and the Monitor will be ad free.

Publishing is at the heart of what we do as illustrators, designers, or writers. No matter the media - print CD-ROM, or web site - controlling how and who uses your work is paramount. The Monitor regularly discusses contracts for the traditional print - magazines, periodicals, and books. What about other types of publishing such as a digital art show on the Internet? To illustrate the dangers of publishing on the Internet, all one has to do is read some of the contracts involved with these exhibitions.

Recently we received a contract for review from a Guild member to participate in a Corel Corporation's digital art show. The member was thrilled to receive a notice that her work had been accepted in their touring exhibition designed to promote digital art and the sponsor's products (including Sony, Wacom, Macromedia, Nikon, Kodak, to name a few) specifically. Sounds great on the surface - but if you delve deeper and really read the contract carefully you find that Corel cannot protect your work. The illustrator must provide ten high-resolution images and all source files to replicate on the travelling show's server (to put it online on the show's web site). Our artist was told to act quickly as the show was going up in a matter of days! Included in the correspondence was a two-page contract that spelled out the licensing conditions for use of the work in the show. For participation in the show, the artist not only gets publicity and acclaim, but several software products as well.

The contract shows the potential problems that can come about from publishing on the Internet. Corel, and their sponsors, are concerned enough about it to ask you to indemnify them for any potential misuse of your work and to give them all the rights they need to protect themselves. We at the Monitor have always cautioned our readers to carefully consider rights requested and whether the compensation offered by the client, or in this case, the organizer of the travelling show, is reasonable. The Corel contract limits the use to a connection to the show, and states clearly they that will not sublicense any work involved. However, we see terms like "perpetual" and that always makes our staff blanch.

The contract makes a strong effort to assure the artist that any use of the works will be solely to publicize or advertise the show and software. The artist is told they are the sole and exclusive owner of all rights in the works including moral rights.

Then comes the bad news-one thick paragraph of two run-on sentences, all caps indemnifying Corel and all its sponsors for any misuse of the artwork of any type and of any kind. The first line says it all (in caps as they present it):

"I WILL NOT MAKE ANY CLAIM AGAINST COREL, PRODUCTION GROUP INTERNATIONAL INC., OR ANY OF THEIR RESPECTIVE PARENT CORPORATIONS, SUBSIDIARIES, AFFILIATES, OR ADVERTISING AND PROMOTIONAL AGENCIES, OR THE DIRECTORS, OFFICERS, OR EMPLOYEES OF ANY OF THESE COMPANIES (COLLECTIVELY, THE "RELEASED PARTIES".

What does that mean? No matter what happens to your work, what Corel or the travelling show does to it after you hand over your 10 high resolution copies, you cannot hold Corel (their directors, officers, employees, etc.) responsible.

But that's not all:

"ON BEHALF OF MYSELF, MY EXECUTORS, AND MY HEIRS, I HEREBY RELEASE AND DISCHARGE AGAINST ANY AND ALL LIABILITY FOR ANY LOSSES, CLAIMS, DAMAGES, DEMANDS, CAUSES OF ACTION, COSTS, OR EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, NO MATTER HOW CAUSED, ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE AUTHORIZED USE OF THE WORKS"

Let's take moment to digest the above. As if the first sentence was not enough, the first half of the second sentence goes even further to distance Corel for any mishap that may befall your work on their tour. You sign this contract without alteration and you give up any right to any suit for misuse of the artwork PLUS any and all attorney fees. Continuing this run-on sentence

"OR ANY BREACH OR ALLEGED BREACH BY ME OF ANY AFFIRMATION, UNDERTAKING, OR OBLIGATION OF MINE IN THIS LICENSE AGREEMENT AND REPRODUCTION RELEASE."

This section is a simple indemnity clause and it protects Corel from any misrepresentation you might make in your ownership of the art you are including in the show. This says that if someone else owns the copyright of a work you allow Corel to use in the show, and comes after you for damages; they can not come after Corel.

So what does it all mean? First off, Corel understands the dangers of publishing on the web and is seeking to protect itself from any and every possible misuse of your art. That should alert all artists publishing on the web, even if it is only on their web site portfolio, to REGISTER THEIR COPYRIGHT.

Secondly this artist has to decide what is reasonable with an arrangement like this. Is it reasonable to hand over high-resolution copies of your artwork, have a fairly reasonable licensing contract in relationship to the travelling show, then prevent you any possibility to protect any and all misusage?

When our artist asked to make changes to the contract, she was informed that Corel would not allow any changes whatsoever. Take it or leave it. Faced with a non-negotiable contract, our artist left it.

It is up to each illustrator, designer and writer to decide if the exposure is worth the participation and possibility of your work literally being ripped off. Let's face the fact anything that is digitized and published on the Internet or in a CD-ROM/ DVD can be easily misappropriated. If you happen to live with a teenage, you are aware of how easy it is create your own music CDs from web downloads. It is quite simple to right click web images thus downloading them and use them on other web sites or in print publications. Or for that matter, add a link to the image, from one web site to another. Hey it saves time.

What if you do want to have your dynamite portfolio displayed on the web or want the exposure through a digital tour? What can you do to protect the right to the work you created - your intellectual property and to ultimately profit from your work?

Did you ever walk pass a property that had a clearly display sign saying " this property protected by guard dogs" and those dogs start barking. Well, if I were a burglar that is one place I would stay clear off. Use Meta tags to add information to your web site - author and copyright date. When uploading your work to your web site, put a disclaimer notice: The contents of this site are © 2002, Your Name. All Rights Reserved. Mark each images with a clear copyright symbol - ©. (Option/G on a Mac; HTML code - ©).

Over and over, we talk registering your copyright. Yes, once a work is published it is copyrighted. Yes, putting the © alerts people that an image is someone's property and that use requires permission. But how would you prove that it belongs to you? If you register your work, you have proof. If you don't register you cannot recover statutory damages or attorney's fees. A lawyer is more apt to take your case if your work is registered - he is more likely to be paid his $250.00 per hour.

But I can't afford. Well, yes you can if you value yourself, your work and your creativity. If you have ten pieces of artwork you want use in your online portfolio, you can register them all at one time for $30.00. Check out how to register at: http://lcweb.loc.gov/copyright Recommended reading is Circular 1, Copyright Basics.

VA (visual art) applications can also be obtained by snail mail:
Register of Copyrights
Library of Congress
Washington, D.C. 20559

Informative publications and forms can also be ordered 24/7 by leaving a recorded request at the Copyright "hotline" 202-707-9100

Another way of protecting your property is to watermark it. Paper manufacturers created watermarks centuries ago to prove authenticity. Add a digital watermark to your images to prove your authorship. When someone opens a watermarked digital image, embedded information about ownership and copyright appears. Some watermarks add a link to contact information making it easy for a potential client to get licensing information, license another image or have you create another work. Digital watermarks are imperceptible to the eye and do not distort the image. A watermark should be robust and durable meaning it should withstand alteration of the image in imaging editing programs such as Photoshop. By the way, within Photoshop under Filters there is plug in to Digimarc - a digital watermarking company. http://www.digitalmarc.com.

Some other watermarking companies are:

www.bluespike.com
www.digisafe.com
www.ewatermake.com

If you want to learn more about digital watermarks read the FAQ's at www.Watermarkingworld.org www.Watermarkingworld.org.

If you want to put a lock on images, you can. A JavaScript can be written that locks up your images so they cannot be right clicked off your web site. This is beyond the scope of the Contract Monitor, but we sure your local high school geek could write a JavaScript.

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Want to know more about those nasty contracts lurching out there in media land? American Society of Journalist and Authors has a free email newsletter Contract Watch www.asja.org Like the Monitor, it is centered on contract issues for creatives. The last issue discussed The New York Times, WebMD, and making contracts for writers and publications.

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Without you, we're nothing! The Contract Monitor needs you to make it work and we encourage you to participate with us. We welcome contracts for review and possible inclusion in future issues of the Monitor. We are looking for contracts that encompass all aspects of graphic design - retainer contracts, temporary work agreements, web design contracts and teaching/course development contracts as well as illustrator/publisher. The contracts, however must not have any non-disclosure agreements. We follow the rule of strict confidentially.

You can e-mail us at contractmonitor@gag.org with your questions and comments.

The Contract Monitor is a bi-monthly email newsletter geared towards the creative visual media community. Information provided in the Contract Monitor is accurate to the best of our knowledge as of the date shown above. The Guild proves this information to members to help them make better business decisions.

The Guild encourages reproduction and distribution of this document for the benefit of freelance artists, illustrators and designers.

Past issues of the Contract Monitor can be found on the Graphic Artists Guild's web site at: http://www.gag.org/contracts/contracts.html

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Graphic Artists Guild
Contract Monitor
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Disclaimer: This information is true and accurate as of the dates specified, to the best of our knowledge and belief, and is provided by the Graphic Artists Guild to help artists make informed choices.