SHORTS AND BRIEFS...
Chicago Tribune's Wet Blanket Agreement
The Chicago Tribune is offering a "new" blanket contract that tries to define "publication rights" as including the right "to use and reproduce all such material and derivatives of it in various databases, and in conjunction with any other products, including ... microfilm and CD/ROMs." Further, the following tricky language is included: "In addition, your endorsement of any Tribune check issued to you shall constitute your confirmation of the continued existence of this agreement." Word from the front is that art directors are claiming they would not be permitted to work with anyone who refused to sign it. If that's true, perhaps the entire fee structure needs to be reevaluated.
Scholastic Expands
Scholastic, publisher of educational materials for children, signed two new leases in New York's landmark Soho district. The 128,000-square feet additional office spaces are equidistant from its 220,000-square foot headquarters at 555 Broadway, renovated in 1992. Among the amenities enjoyed by Scholastic staff in their plush surroundings, rumor has it, are personal trainers and a private health club. This is another factor for artists to consider when the next Scholastic work-for-hire contract is offered.
Scholastic Charges for Tearsheets
"Enclosed please find some or all of your artwork that you produced for Scholastic IPG," writes a Scholastic art buyer. "If you are interested in samples, please review the attached sheet for instructions. The author/illustrator will receive a 40 percent discount on the materials ordered," if they "send a letter (by mail with a check transaction or by fax with a charge transaction) stating the nature of the work they did for us, the amount of copies they would like to order, and the personal information...." Could it be plans for a ordering Baccarat crystal for the executive dining room are underway at their new offices?
Retroactive Work for Hire
The American Society of Journalists and Authors (ASJA) reports that the National Law Journal, the New York Law Journal, and others in the legal field are asking their writers to agree to the following: "All of your paid contributions to us, including those previously published as well as those to be submitted for future publication, shall be considered as `work made for hire' within the meaning of copyright law." You'd think that those supplying information to lawyers would know better than to foist this illegal contract on unsuspecting creators!
Hearst: Hushed and Hurting
ASJA's Contracts Watch also attempted to discover Hearst Magazines' e-rights policies. Editors at these magazines (Esquire, Good Housekeeping, Redbook, et al.) have been instructed to refer rights inquiries from reporters to Gloria Ricks, a public affairs officer. Since the publisher is also putting some of its magazines (Country Living, Good Housekeeping, Popular Mechanics, Redbook) on the Home Arts service, new on the Internet, Contracts Watch dutifully phoned Ricks, who promised to find answers. A month later, she explained her long silence this way: "I didn't have anything to talk about." The rest of the conversation:
CW: "Will you check into it?"
GR: "I just don't have any answers."
CW: "Is there anyone in the company who does?"
GR: "I don't know."
CW: "Are you going to ask anyone?"
GR: "I can't tell you."
Pandemonium on the Thames
A planned copyright grab by EMAP Business Publishing, a leading UK house of business and computer magazines and professional journals, may be in for rough sledding. Internal memos just leaked by the UK's National Union of Journalists detail the publisher's plan to force freelance contributors to give up "copyright and all other rights throughout the world ... in all media." Editors were summoned to an October 26 "seminar" to chat about the move with management and receive instruction in the fine points of coercing writers. Instead, according to a report from the NUJ, virtually every editor in attendance spoke against the copyright grab, and just an hour into what was scheduled to be a three-to-four-hour session, the meeting "closed in an uproar with 30 to 40 editors shouting for their questions to be answered" as senior management beat a hasty retreat.
... and at the Times At the New York Times, editors are perhaps somewhat less demonstrative over how they're being forced to treat freelancers; a staff meeting on the plan to take copyright and all rights from outside writers was described by a participant as "raucous." Since then, disgruntled editors at several sections have been dealing with certain reluctant writers by ignoring the management directive and allowing them to write without a signed contract. ("Thames" and "Times" items courtesy of ASJA Contracts Watch)
Divide and Conquer Attempts (Cont'd)
Some Time Inc. magazines are out of sync. Their policy covering freelance illustration and photography as of a year ago included fees and royalties for electronic use. "We believe that those who supply our words, pictures and illustrations are entitled to benefit from the creation of any multimedia businesses that prove to be viable," they said, adding that the policy "covers all text, photographs and illustrations acquired externally." Recently, however, Time Inc. magazines such as Sports Illustrated have begun to demand that writers sign work-made-for-hire agreements. Illustrators should be on the lookout for new contracts from Time Inc. and resist accepting such new terms.
Disney Sued for Alleged Copyright Abuse
Multimedia Wire, a Bethesda, Maryland, publisher of a small daily fax newsletter on the entertainment, media, and high-tech industries, filed a $2.1 million suit against Walt Disney Compay for "knowingly and systematically" making multiple photocopies of a subscription version of the newsletter and distributing copies to employees in various Disney offices.
Fox BMI Licenses Music Performance on the Internet
Broadcast Music Inc. (BMI) issued a license to On Ramp for unlimited access to any of BMI's more than three million compositions that might be contained in On Ramp's Internet programming. BMI President Frances Preston said, "We believe this agreement ... recognizes that the online transmission of musical compositions constitutes a public performance under the U.S. Copyright Law."
Labor On-line
The AFL-CIO has introduced LaborWeb, its own page on the World Wide Web, to give any user access to a variety of labor information: http://www.aflcio.org/. Copyright Clearance Center to Use Digital Usage System The Copyright Clearance Center (CCC), the largest licensor of photocopy rights in the United States, will work with Infosafe Systems to develop a fully secure, auditable, and interactive electronic marketplace for copyrighted materials. An external unit that protects and meters digital products at the point of use will monitor the usage of copyrighted materials by CCC licensees and then download the usage data to CCC in encrypted form.
WWW Presents Design Opportunities
The Wall Street Journal reports that while the "World Wide Web has the potential to become the world's largest bazaar,... expected to reach more than 25 million users by the year 2000,... most companies fail to take advantage of its interactive and multimedia features--let alone provide compelling content." As one user put it, "Too many Web pages are ... about as interesting and informative as rocks in the road." Demand for creative Web page design is building, presenting new markets for the savvy graphic artist.
Artist Sues Warner Bros. Over Batman Forever
Artist Andrew Leicester alleged that parts of Gotham City, the backdrop for the blockbuster film Batman Forever, were patterned after his large-scale sculpture "Zanja Madre," installed outside of a Los Angeles skyscraper. Seeing the movie made the British-born artist even angrier, who said his work was denigrated by its alleged association with the film. "They never asked my permission to distort my images for their own ends," Leicester said. "I'd now like them to come up with some equitable compensation for all the work I've done in providing them with an image-laden movie set."
Drug Labels
Designers specializing in label design should see more work coming their way. The Food and Drug Administration, trying to end confusion over how to choose over-the-counter drugs, is preparing to require that medicines have the same sort of simplified labels that were required of food products a year ago. The agency's goal is for a consumer to know at a glance how to properly use non-prescription drugs, their side effects, and when to see a doctor.
Music to Our Ears
One of the major on-line services has settled a copyright infringement case for infringing the rights of composers whose work was uploaded illegally. The settlement, between Compuserve and the Harry Fox Agency (a rights-licensing agency), is for an unspecified amount of money to be distributed among the publishers whose work was covered in the suit. It also includes agreement by Compuserve and HFA to work together to enable managers of Compuserve's forums and special interest groups to obtain licenses electronically. HFA will also collect royalties for its principals, distribute royalties to music publishers, and audit payments. Clearly, having a significant number of artists represented in the suit gave their complaint sufficient heft to move Compuserve to settle.
New Market!
Hasbro, long an industry leader in children's games and toys, is going online. The company has announced a new division, Hasbro Interactive Worldwide, to focus on "edutainment" software, CD- ROMs, and on-line games development. Its plans include publishing software in North America, Europe, and Asia under its Playskool Software name and all CD-ROM and on-line games under the Hasbro Interactive brand.
THE ARTICLES...
Channel 13 Staff Win New Guild Contract!
In a new landmark for the Graphic Artists Guild, staff artists at Channel 13/WNET (Educational Broadcasting) have unanimously approved a new 3 1/2 year collective bargaining agreement retroactive to January 1995. The agreement broadens the definition of graphic artists eligible for union representation and benefits, improves attributions and program credits, guarantees approximately 9 percent salary increases during the contract, and provides medical, holiday, and vacation benefits.
"More than any previous contract," said member Brian Whitehill, who negotiated the contract with Guild Executive Director Paul Basista, "this agreement best reflects the attitudes and needs of the professional designers at Thirteen. We knew the Guild was the right union for us; this agreement proves we were right."
In previous agreements negotiated bythe International Alliance of Theatrical and Stage Employees (IATSE), designers were defined by the tools they used, leaving no room for the impacts of rapidly changing technology. "The old agreement included 'statmaster operators,'" noted Basista, "a position that no longer exists. It was time for Thirteen's artists to be defined by what they do, not the soon-to-be obsolete equipment they operate."
Certified by the National Labor Relations Board (NLRB) as the exclusive bargaining agent for Thirteen's designers, negotiations stretched out over 19 months, beginning on March 15, 1994, when the Guild members presented their first proposals. Members formally ratified the agreement by a majority vote in October 1995.
"The Guild's Board of Directors was committed to establishing the Guild as a bona fide union that could address the needs of staff as well as freelance artists," said Basista. "In the tumultuously changing world of work, establishing a collective bargaining beachhead will ensure a measure of protection and guaranteed benefits for all Guild members."
Among the unusual provisions in the agreement is a 15 percent premium above staff salaries for freelancers. "This way," said Whitehill, "freelancers who don't enjoy our medical or timeoff benefits are partially compensated." Thirteen is obligated to notify the Guild of any open positions for assignments of three months or longer to give Guild members an opportunity to apply.
Other benefits for staffmembers include bonuses, upon ratification of the agreement, of $3,500 for senior designers and $2,000 for others, and the creation of a new position of graphic production assistant, who will assist the designers.
Negotiations were especially difficult at times, given the deep funding cuts imposed on public broadcasting stations across the country over the last few years. During the negotiating period, 30 percent of all staff, including graphic designers, were let go. Compounding the problem for the design department was the retirement of Robert MacNeil and the move of the MacNeil/Lehrer NewsHour production facilities to Washington, D.C., eliminating three more positions from the bargaining unit.
"It was a long process," said Whitehill. "But this solid contract reinforces what we knew throughout: We needed a professional union that understands the needs of professional artists, and the Graphic Artists Guild has proven to be the union we need."
Taking Contract Control by Daniel Abraham
Computers and word processors notwithstanding, it seems clients take ever longer to deliver their contracts. Perhaps it is a function of the lengthening corporate chain of command. As once- independent companies become small parts of a media giant, the legal department becomes a bottleneck where contracts get stuck. The art director, business manager, or art buyer with whom you negotiate may have less and less say in the final agreement, his or her good faith notwithstanding. Thus, it is increasingly essential to demand a written contract, even as it takes longer and longer to obtain it.
Recently, a Guild member came to me for counsel. She had been engaged by a publisher to do a series of book illustrations. The price and terms negotiated, she was sent a memorandum of agreement. She was given to understand, however, that this was only an "interim" contract; the final one had to come from corporate headquarters. Acting in reliance on the memorandum, the artist started the sketches. When the completed sketches were approved, the artist sent an invoice for an interim payment. The "official" contract arrived (backdated to the initial memorandum) while she was awaiting the check--with a work-for-hire clause that the artist had not agreed to. She reread the memorandum and realized that it was worded sufficiently vaguely to allow the client to take possession of the art, pay half the contract price, and still publish the work, retaining all rights. It was then that she hired me as her attorney to write the company, claiming possession of the interim payment for the time spent and demanding that the contract be rewritten at least to the extent of eliminating the work-for-hire clause. When the company at last replied it canceled the agreement--and the artist kept the interim payment as a kill fee. I had thought this an isolated incident until recently, when I was hired to do a large series of illustrations for children's games. The negotiations were long and involved. I became edgy about the contract when I received an interim memorandum of agreement, as my client had, and found a work-for-hire clause to which I had not agreed inserted in the memorandum. Work for hire is limited to nine specific categories in the copyright law. This assignment could legally have been a work for hire under any of the following three categories: as a contribution to a collective work; as part of an audio-visual work; or as an instructional text. However, since I had not agreed to this I made its removal a condition of my signing.
I began the job, and was dismayed to find the contract interminably delayed in the legal department. Knowing that the memorandum was a valid contract in the absence of any other writing allowed me to proceed with the work; however, I insisted upon a new copy of the memorandum--this time on company letterhead.
It was not until I was some eight weeks into the job that the (backdated) contract arrived. During that time I had delivered a large portion of finished art, and had received two interim checks through personal intervention by the department head. The contract was not complete when I did get it; the legal department, eager to prove it was earning its keep, had altered some of the agreed-upon terms. It was necessary to reopen negotiations several times, and to trust, far more than I am used to doing, in the good faith of the client. This story so far does have a happy ending, however; the contract as negotiated did at last arrive, and I am still working on the job.
These two contract experiences started me thinking. Why do artists so often expect their clients to provide the contract? As artists, it is we who are granting the client certain rights to the use of our work. Failing to offer the client a standard contract at the appropriate point in negotiation may be a major reason for artists' generally lowly position in the industry; we have abdicated power at a critical juncture, and then spend immense amounts of energy trying to regain lost leverage.
There are standard form contracts in the back of the Pricing and Ethical Guidelines. There are additional contracts, with useful negotiation tips, in Tad Crawford's excellent Allworth Press book, Business and Legal Forms for Illustrators. Based on the number of illustrator invoices I have seen that do not use any of the terms from the Guild standard invoice, I would venture to guess that even fewer illustrators and designers have taken advantage of these contracts. We should offer services contracts to clients like other independent contractors, and set the terms of our own employment. If we lay out the playing field, we may have a better chance at leveling it; at the very least, we should get faster responses from those glacially slow corporate departments.
Afterword:
Between the first draft and the revision of this article I was approached to do a small batch of art for Oxford University Press' English as a Second Language (ESL) division. I have done drawings for them off and on for years; some years ago, they were given an award by the Guild for their excellent first-rights contract. I am sorry to have to say that company practice has changed drastically. The first warning sign should have been being contacted by an outside design firm rather than by the ESL art department. In my experience, outsourcing by textbook publishers is the way publishers offer work on a take-it-or-leave-it basis, without any room for bargaining about rights or compensation.
The prices offered in this job were low enough to verge on contemptible; nonetheless, I figured that in the aggregate the job might be a nice extra bit of income, as long as I was only selling one-time usage and could knock the drawings out quickly. The contract was "delayed" for some reason in one of those corporate bottlenecks.
By an almost unbelievable coincidence, the contract was faxed to me the day after the sketches were due. To the surprise of no one reading this article, the terms were not for the limited usage of years past, but for unlimited usage in this edition throughout the world in all media now existing or hereafter developed, including any form of electronic transmission and CD-ROM.
I faxed a note to the art buyer that I was withdrawing from the job, and that I would not have taken it on had I been aware of the usage expected for the pittance being paid. The design firm told me at the time the contract was sent that the fax transmission of my sketches was extremely blurry, and a new set of sketches was requested. In light of the contract's contents, which rendered the issue moot, I can only be glad for certain failures of technology.
This cautionary tale emphasizes the pitfalls of working without a contract, and the necessity of determining the parameters of a job at the outset with your own contract or memo of engagement. Had I bothered to send a one-time-usage memo to the design firm fronting for Oxford, they would have rejected me up front and I could have avoided wasting sketch time. Remember that if matters do ever come into dispute, in a contest between oral and written communication paper always wins. Thus, it is important to be the one who provides the paper, and the one who controls what the paper says. Daniel Abraham, Guild vice president for public affairs, has been a professional illustrator for 20 years. He is a member of the bar in New York and Illinois.
Patenting Common Sense by Polly Law
Recently, I committed an act of blatant theft of intellectual property. In a year or two, I will repeat it. It was quite easy. I took the item in question, and, plunging two opposed garden forks into its heart, I pried it into half, and then into halves twice more. I soon had eight identical copies of this property where once I had one. I put them back into a much larger space than before, tamped, watered, and mulched them. The deed was done. Some arcane collage technique performed on a piece of someone's artwork? No. I divided a plant--a patented plant.
When I saw the plant in question in the catalog, I admired its glaucous foliage, the subtle color of its blossoms and its slightly hardier constitution. I did not admire, however, the plant patent notice or its very hefty price tag. Usually I opt for "unimproved" or open-pollinated species, but this cultivar was perfect to fill a particular spot in the garden. Twelve dollars a pop for a plant that I would be forbidden to propagate for my own use was just too steep. So my career as an infringer began. Plant patenting is a new phenomenon, along with the patenting of human species. But, has the concept of intellectual property gone a bit too far? Soon, I fear, someone will be sending out birth announcements along the lines of:
Mary Doe and John Smith introduce their latest F-1 hybrid Junior Doe-Smith launch date: 11/27/99, wt: 6 lbs. 9 oz a wholly owned subsidiary of Doe-Smith Enterprises* * Unauthorized replication of this organism is prohibited under federal and international statute Chromosomes 1,3,4,7,9,11,12A,14,15,16, and 21 used by permission of Genetron Industries Chromosomes 2,5,8,13,17,18,19,20,24 used by permission of Bio- Rights Corp., a division of Time-Warner Chromosomes 6,10,12B,22,23,25,26 used by permission of Chromotronics, a division of Philip Morris All works by, utterances of, and images of the above-named Junior Doe-Smith are hereby copyrighted and may not be used without the authors' permissions
So, where do we draw the line between legitimate and specious use of copyrights, trademarks, and patents?
Might I suggest common sense?
Purposeful creations require protection--illustration, graphic design, writings, inventions, etc. Discoveries? What have the bio-tech industries created that they deserve to own the rights to a gene? If they create a therapy or a cure for a gene-based disease, by all means, that is patentable--but the genes themselves? As my grandfather used to say: "Pshaw." And to return to the patented plant, new cultivars are most often chance discoveries, the result of random mutation, not purposeful creation.
I have a Dendranthemum rubellum (an old-fashioned single chrysanthemum to you guys) of unusual color and vigor, the remnant of the former owner's long-abandoned garden. Following the behavior of some of my gardening colleagues, I should name this plant after myself, patent it, and sell the rights to propagate it to some high-priced nursery. What would I have done to merit either the naming or the royalty? Not a thing other than digging up a bit of it.
So, if you come to my studio and wish to use one of my illustrations, we will negotiate a rights-use fee or royalty. If you come to my garden and admire the brick-red daisy, I'll gladly give you a division and tell you I call it Dendranthema "Helen Carr." I'll also give you some of that much divided fancy-schmantzy hybrid.
But, if the Plant Patent Police catch you, I never saw you before in my life.
Info Superhighway Protections Proposed
A bill fine-tuning copyright law to fit the new needs of copyright owners on the information superhighway has been introduced by Sens. Orrin Hatch (R-Utah), chairman of the U.S. Senate Judiciary Committee, and Patrick Leahy (D-Vermont). S. 1284 proposes remedies to dilemmas posed by the new technologies.
"No manufacturer would ship his or her goods on a highway if his trucks were routinely hijacked and his or her goods plundered," Hatch noted, comparing the possibility of literal and virtual highway robberies. "Likewise, no producer of intellectual property will place his or her works on the information superhighway if they are routinely pirated. We might end up having enormous access to very little information, unless we can protect property rights in intellectual works."
The bill reflects the recommendations of the Clinton administration's Working Group on Intellectual Property and the National Information Infrastructure (NII), which found that existing copyright law is "fundamentally adequate and effective" in protecting work created for and distributed by the NII. It did, however, find need to adapt current law to the new technologies. The resulting bill responds to copyright owners' concerns in five areas: transmission of copies; copyright protection systems; copyright management; exemptions for libraries and the visually impaired; and remedies.
"This is a significant step forward for creators," said Guild Public Affairs Vice President Daniel Abraham. "It states for the record what we have long asserted: On-line databases, publishing, and other electronic reproductions are separate and divisible markets and the rights to usage are negotiable separately."
"Now," he continued, "we must continue to vigorously fight publishers' attempts to buy all rights in these areas without additional compensation, as we do in the traditional markets." Transmission: Although publishers often claim that on-line usage is part of existing publication rights, this bill adds "transmission" to existing usage mechanisms as a separate function. What is usually known as "public distribution" of work is expanded in S. 1284 to refer to "transmission of copies and phonorecords," and is added to existing definitions in the Copyright Act. For example, what used to read "or by rental, lease, or lending" would read under the new legislation "or by rental, lease, or lending, or by transmission." Copyright protection systems: A new section would be added to the Copyright Act explicitly outlawing efforts to violate copyright, including the creation, distribution, or importation of equipment intended for this purpose.
Copyright management: Similarly, the law would forbid altering or falsifying information about copyright ownership. Remedies: Civil penalties and damages could be awarded for violation of the sections on copyright protection systems and management, including payment of attorney's fees and/or actual, statutory, and, for repeated offenses, triple damages. Injunctions may also be levied. Criminal penalties would also be made available for tampering with copyright management information: a maximum $500,000 fine and/or a maximum five-year penalty. Exemptions for libraries and the visually impaired: Libraries and nonprofit organizations are permitted to make specified numbers of copies of copyrighted work without infringing the author's rights. The proviso for nonprofit organizations is limited to works for the visually impaired, prepared at cost, and provided that the copyright owner has not contracted, within one year of first publication, for reproductions intended for the visually impaired.
At press time, hearings had not been scheduled in the Senate Judiciary Committee and there was no companion bill in the House of Representatives.
Using the Web to Spread the Word
by Michael Partington
Promotion of one's artwork means different things to different artists. Some professionals choose to advertise in illustration annuals or send out promotion mailings, while others hit the streets for a weekly round of cold calls to potential clients. The newest way to promote artwork--and even graphic design--is by having a World Wide Web homepage and promoting its address.
The World Wide Web (WWW) is the area on the Internet that is the most graphical, easy to use, and informative. The software used to access the hundreds of thousands of WWW "sites" is constantly being advanced to give the user--artists and clients-- more--and easier--ways to see the designs created by web page artists--also known as webmasters. The popularity of the art sites on the WWW is tremendous, and many artists' works now appear on the WWW in the form of virtual galleries, portfolios, and studios.
The web is the newest part of the worldwide Internet structure, and it can now be accessed both through popular bulletin board companies such as Compuserve, America Online, and Prodigy and direct access "internet providers." Although some people love the easy-to-use structure of the big three's bulletin boards, the quality of their web images is not the best. Many aspects of the homepage's designs just are not translated properly or are not visible. The very best way to connect to the WWW is to contact one of the local Internet providers (now found in most Yellow Pages) and ask them for a TCP/IP connection (for the PC) or a PPP connection (for the Mac). This "direct" type of connection is the most popular because of its low cost and it supports the best software packages for viewing the web.
Regardless of how an artist gains access to the web, though, opportunities for self-promotion abound. There are many sites that, for a monthly fee, will take artists' images and place them at an "address" (see for a sampling of interesting addresses). Soon, one of them will be the Graphic Artists Guild WWW site. This address (called a "URL") can then be given to clients who have the capability of browsing the web. These addresses, usually beginning with the characters "http://www," are now appearing on everything from TV adds to business cards.
The ease with which clients can view art or design work is phenomenal. Clients can use simple "browser" software whose simple directions enable them to find the homepage address of artists they want to contact. The browser software interprets the information in the homepage file and displays the artist's web page. Depending on the artist's choice, this display can be a simple scrollable page of art thumbnails or an index to many more "linked" graphical pages. These linked pages ("links") can be accessed just by clicking the mouse on certain text or graphics on the first page.
Imagine artists being able to pitch work to a potential buyer on the phone, while both the artist and the client view the artwork online? A new agency called me to make an appointment to review my portfolio. Since I was very busy trying to meet a deadline, I had to put them off for a week! As I asked about her schedule, she interuppted me to ask if I was on the web. I said yes, gave her my web address, and we both discussed the illustration style she needed while viewing my work on the web. Was it successful? Yes, ultimately. While the client did not hire me for that job, she found she liked my work, and a meeting was scheduled for the following week--allowing me to make my deadline. This way we skipped many of the awkward, often time-wasting inperson preliminaries and knew meeting would in fact be mutually valuable.
Other instances of clients viewing my art online has provided me with extra illustration work. Changing the images on your homepage often and sending out bulk-e-mail messages to your clients can provide them an easy way to view your most current artwork. Artists who are proficient in web page design can even set up private WWW homepage areas for their clients to view comps--with comments and changes from the client coming back to the artist in an email message.
Marketing boundaries are disappearing and the world is becoming very small as more artists are expanding their promotion options to the World Wide Web. Advancements in Internet telecommunications software are being made now that will allow artists to present to a buying group that is dispersed all over the world.
Artists who have a portfolio online always have images of their work available for clients to view. But any one of the 20 to 40 million Internet users can view it, too, if they know the URL address. Artists who want to keep their portfolios private shouldn't give out their URL address. Those artists wanting to fully benefit from the Internet's mass exposure should enter their own homepage URL address in "search engine" address databases. This system allows new clients using the same engine's search features to find the artist's name, discipline, or address and display their work.
Artists acquiring their own homepage--and who have lots of illustration, photography, or design to display--should make their addresses available to anyone searching for professional graphic artists' or designers' WWW sites. There is even a WWW site named "Submit It!" that takes URL information and sends it to all the available search engines on the web for free. While artists want their work to be large enough to get the best possible viewing, there are two important reasons to avoid overlarge images. Since anyone viewing a homepage can save someone else's image to their own hard drive, ripoffs are a distinct danger; large images translate into good quality digital print copies. Also, it takes a long time for large images to be transmitted with conventional modems; large, 24-bit (16 million color) images shouldn't be displayed on the net because "net-surfers" get bored very quickly and won't wait very long for a homepage with large graphics to be downloaded for viewing. A 400 pixel by 400 pixel image will suffice and can be viewed easily on any standard display-size screen. If this image were to be printed at 300 dpi, it would only be about 1 1/4 inches square-not big enough for a good quality rip-off.
Even though images that appear on the WWW usually are smaller and composed of a color palette of only 256 colors (8-bit color), it's still wise to have a copyright notice placed on all Internet art images. Some Internet art vendors are even placing large watermarks over most of the image, but this is very distracting to the viewer. New patented software is being developed to embed a hidden code into some types of digital image files, providing proof of creatorship later if needed.
The Graphic Artists Guild Portfolio area of the World Wide Web will be available soon! Members will be able to have their own portfolios online at a minimal cost. The instructions and cost will be sent to the membership and a "Virtual Portfolio Guide" will be available from the National Office to help members prepare the files for the server. Watch for a release date and URL address for the new Guild homepage.
Michael James Partington is vice chairman of the Guild's Internet Task Force committee and is the webmaster of the Guild's web site.
REFERENCES:
World Wide Web Design Guide by Stephen Wilson - published by Hayden Books Designers Guide to the Internet by Zender, Fine, and Albertson - published by Hayden Books Publishing on the World Wide Web by Greg Holden - published by Hayden Books
SEARCHERS:
Submit It!: http://www.submit-it.com/
Carnegie Mellon's "Lycos": http://www.lycos.com/
The WebCrawler:http://webcrawler.com/WebCrawler/SubmitURLS.html
InfoSeek: http://www.infoseek.com/
Yahoo!: http://www.yahoo.com/
The WWW Virtual Library: http://www.w3.org/
EINet Galaxy: http://www.einet.net/
Drawing on the Web
by Arthur Woodle
"With the corporate rush onto the Web, the demand for site designers is outstripping supply.... [T]op name magazine designers like Roger Black are going digital, reshaping careers to focus on what they perceive to be an inevitable future...."
-- New York Times, November 27, 1995
The Internet has become one of the fastest-growing new outlets for illustrators and designers. More and more companies are opening "web sites" on the Internet, offering a range of services, products, information, and outlets, and artists who have worked for print media can now transfer their design and illustration skills to those mediums.
The majority of the work being done for the web now is "interface design," or screen graphics, i.e., "buttons," mastheads, logos, and charts, and the prospects are growing. "Designers and programmers have to create not only attractive graphics," says the New York Times, "but multiple layers of information and road maps for on-line navigation." Some designers partner with programmers to take advantage of their deeper knowledge of the technology, though both must have a full grasp of the other's needs.
My current web-site project is a good example of the growing opportunities for designers. It's a major commercial site, a "virtual store," and the client has teams of software engineers continually working on the programming for the site. They create the environment, or layout, for illustrations that my partner and I create, and give us parameters for each spot. The actual work, the interface design, includes retouching and logos--a lot of retouch work on product shots and cleaning up scans of products-and consists of a huge number of separate images--each product for sale must have a separate "button," or icon. Interested shoppers click on these spots, and are transported instantly to more detailed information on that product; that location, too, needs illustration.
Not only are my partner and I contracted for 18 months for this site, which will be launched in the first quarter of 1996, but it is likely we will be retained to continue updating it. As in print work, when the merchandise changes--is updated, discontinued--so must the artwork.
I based my initial fee on the regular fee I charge agencies for photo retouch work, and negotiated more when I added a partner. In this particular assignment, there are no unusual expenses to consider in determining fees: file sizes are small and there are no expensive pieces of equipment, such as Syquest cartridges. We even avoid courier and overnight mail charges, as we send work through the Internet.
And the possibilities are not limited to interface design. Although it currently is not widespread, look for multimedia and video to play an important part of web design in the not-to- distant future. The bandwidth of today's hardware constrains the use of large video feeds, but small amounts of work do exist. This is made possible with the recently released version of Netscape (the most widely used graphical web browser). This new version supports Hot Java (a progamming language) and Macromedia Director, which is an interactive multimedia authoring tool, a way to write interactive programs; it enables you to take a multimedia piece and put it in the site. This opens the door to individuals working with interactive multimedia.
As other professionals, such as musicians and audio engineers, have begun producing work for the net, opportunities for graphic artists have been expanding as well. The ability to download music clips from popular artists or clips from archived volumes of sound files is proving to have great appeal with today's musicians. Graphic artists and illustrators are then needed to provide visual contexts for their work.
Studios specializing in web design have begun appearing all over the United States. Says the Times: "Clement Mok, a noted designer ... who has created Web sites for QVC, 20th Century Fox, Adobe and Harper Collins, has hired 15 new people in the last year and still cannot keep up with demand."
The Graphic Artists Guild recently introduced New York members to the Creative Alliance Program, "a professional multimedia training and certification program" established by AT&T. AT&T chose the Guild's 5th Annual Illustration Marketplace to launch the program, which is recruiting graphic artists to learn how to use AT&T's Easy World Wide Web tools to design web sites. Certified designers and design firms will then be referred to AT&T World Wide Web customers.
Arthur Woodle is chair of the Graphic Artists Guild Internet Task Force, and worked as an illustrator for three years before turning to graphic design seven years ago. His email address is: wetlndry@intergate.net
Overseas Copy Fees Pay for Artists' Rights
In recognition of the Guild's leading role in protecting the copyrights of U.S. graphic artists, Kopinor, the Norwegian reproduction rights organization, has authorized the Copyright Clearance Center (CCC) to give the Guild royalties collected on behalf of U.S. artists overseas totaling $32,000. Representing a portion of royalties attributed to U.S. graphic artists by Kopinor in 1993-94, the money is intended to be used to enforce artists' rights in the United States. In addition, the CCC has committed an additional $50,000 to join the Guild as a coplaintiff on a mutually agreed upon case that will enforce copyright laws.
"This clearly helps the Guild cement our international reputation as a defender of artists' rights," said Guild Executive Director Paul Basista. "It also gives us the resources to do more in this area. With the globalization of media--through the Internet and corporate expansion--it is imperative that we form strong working relationships with our overseas counterparts. This recognition is a clear acknowledgment of our role."
Future annual payments will be made according to receipts by the CCC from Kopinor and other overseas agencies. Paying royalties for basic photocopying is traditional and widespread overseas, unlike in the United States. And, artists should realize, standard artists' contracts retain reprographic rights; that is, photocopying of artwork generates royalties for creators that totals billions of dollars annually--and these royalties are due to artists!
The money forwarded by Kopinor represents royalties collected for photocopying non-title-specific works, while royalties from the copying of works that can be identified by title are paid by the CCC directly to the publisher. (A non-title-specific work is one for which the copier was unable to record the work's title, actual creator, or publisher.)
The CCC has collected and distributed such royalties for domestic and foreign authors and publishers in the United States since 1978, following the passage of the 1976 Copyright Act. This is the first time, however, that monies for graphic artists and illustrators has been given to an organization representing these creators.
"We became aware of these monies last spring," said Basista, "and were able to obtain them by issuing a power of attorney to our sister designer/illustrator organization in Norway, Grafill." Then began negotiations with the CCC.
The Copyright Clearance Center is a nonprofit corporation, primarily composed of publishers, that functions as a collection and distribution agency for monies collected from reprographic, i.e., photocopy, uses. This need was suggested during congressional debate on the 1976 Copyright Act, as the use of photocopiers was exploding and the need for a simplified way of accounting-and paying--for low-level copying of copyrighted work to be established became clear. The CCC is also beginning to collect royalties for work used digitally, i.e., the Internet.
To take advantage of the CCC's offer of resources, the Guild is looking for a strong legal case to pursue, focusing specifically on the scanning of images from portfolios or samples by ad agencies. If you're aware of such practices, and have documentation to support a legal claim, please contact Paul Basista at the Guild office, 11 West 20th Street, New York, NY 10011; 212- 463-7730; email: PaulatGAG@aol.com.
Will Scholastic Learn?
Following a slashing critique of Scholastic's standard contract (see Guild News, Fall 1994), a Scholastic staffer complained that the negative publicity about its practices was making it difficult to secure the talent it desired. This is a major victory for Guild members, whose intelligent decisions to avoid objectionable practices forced Scholastic to rethink its position. Even more, the staffer (unofficially) requested the Guild's critique of its newest contracts for assigned and commissioned work. The following is the Guild's response:
In broad terms, the agreements are too one-sided. The contracts demand an overly broad grant of rights; they appear to thinly veil "work on speculation"; they prevent the artist from benefiting from the recognition that comes from having one's work published; and the legal indemnification clauses go too far.
Specifically, here are some observations, paragraph-by-paragraph. Note to readers: Copy in brackets [ ] is a direction quotation from Scholastic contract.
2. [Publishers will choose the illustration(s) that it wishes to acquire for initial use in the program entitled ______ (the "program"). Publisher will then return to Artist all original illustration(s) available to Publisher upon Publisher's request.] Scholastic certainly has the right to "choose" to use a work or not. However, full payment is due for completed work whether or not Scholastic chooses it for use. Both the "Assignment" and "Commission" agreements allow Scholastic to avoid paying fully for completed works it ordered, forcing artists to "work on speculation" (a practice most savvy artists find objectionable). Scholastic should exercise careful planning when ordering works, and should pay 100 percent for all ordered works that are completed and delivered.
Regarding an artist's obligation to store works, it is unclear as to whether this applies to works not chosen, and for how long an artist is expected to store a work on Scholastic's behalf. Storing a work six months beyond publication may be better received than an open-ended obligation. Further, how much compensation will Scholastic pay an artist for reuse of a work in the future?
Finally, Scholastic should indicate when artwork will be returned to the artist. I've personally heard from artists who complained that Scholastic sometimes took years to return artwork.
3. [Artist hereby grants, transfers and assigns all rights, title and interest in and to the illustration(s) to Publisher, including without limitation all copyright rights, worldwide and in perpetuity. As such, Publisher shall be entitled but not required to publish and distribute the illustration(s) or any parts thereof in any manner it chooses, to make any and all modifications to the illustration(s) it chooses, and to include the illustration(s) in the program and in all other publications, in all forms of media now known or hereafter developed, without any further payment to Artist that is provided for herein. Artist agrees to sign any further documents that Publisher may request to effect or evidence the assignment granted in this paragraph.] In both agreements, the grant of rights is much too broad. Scholastic built a successful, reputable business by acknowledging the contributions of its authors and purchasing one-time North American English language print rights. From our perspective, there is no justification for grabbing all of these rights (rights that Scholastic will derive considerable financial benefit from) "without further payment to Artist."
The "Commission" Agreement, while acknowledging the artist as the author and copyright holder of a work, is not much better than the "Assignment" agreement. Rights (in all languages) may be locked up for 22 years, which in most cases exhausts the economic life of a particular work. In both cases, desired rights should be specified and appropriate compensation paid. Additional rights, if needed, may be negotiated from the artist. Or, if all rights are desired up front, the license should be nonexclusive and limited to a specific period of time (e.g., one year), after which the rights revert back to the artist.
Another sensitive area concerns the right to alter or modify a work. While cropping and sizing to meet editorial needs have traditionally been the editor/art director's prerogative, this does not extend to altering the color, shape, or content of an image. If changes should be required, the artist should be allowed to make (or approve) those changes. After all, it's the artist's reputation that's at stake if a lesser talent alters or modifies a work.
4. [In full consideration of all rights granted herein, Publisher will pay Artist a fee of $____ (the "fee") per illustration satisfactory to the Publisher and which Publisher decides to use in the program. Should Publisher decide not to use an illustration, Publisher shall pay Illustrator the following "kill fee": thirty-three percent (33%) of the fee for sketches and seventy-five percent (75%) of the fee for final finished illustration(s). Any other expenses shall be discussed between the parties prior to the onset of the project and shall be paid by Publisher only if an agreement to do so is made at that time. Artists shall be paid in full with no taxes withheld and is therefore responsible for any taxes that may be due.] The first problem in this paragraph are the two conditions that must be met for payment: "per illustration satisfactory to the Publisher and which Publisher decides to use in the Program." The first condition allows for rejection of completed works without full payment, but it also requires the work to be actually used for full payment to be made. This forces artists to work on speculation as discussed above.
"Kill fees" usually refer to the cancellation of an entire project. They are not intended to give a Publisher the right to order works created and then decide "not to use an illustration." If a work is ordered, preliminary sketches approved, and final artwork finished, the full fee is due whether Scholastic chooses to use the work or not. If the project is killed after preliminary sketches, 50 percent of the original fee is what current industry practice indicates.
It should be clear that if Scholastic chooses not to use a work, any and all rights revert entirely back to the artist.
5. [In the event that Publisher elects to print Artist's illustration(s), Publisher may but shall not be obliged to credit Artist in such manner as Publisher deems appropriate. Artist hereby grants to Publisher the right to use Artist's name, likeness and biographical information in connection with the illustration(s), and in any publishing and publicity related thereto. Illustrator shall not sign original illustration(s). If original illustration(s) are signed, then such illustration(s) will be sent back to the Artist for removal of the signature.] It is unfair to demand the right "to use the Artist's name, likeness, and biographical information in connection with the illustration(s), and in any advertising and publicity related thereto," without recognizing (and compensating) the value of a particular artist's celebrity.
Ironically, while wanting to exploit an artist's persona on one hand, Scholastic also wants to deny the artist a credit line or signature. An artist's career depends upon the exposure, recognition, and credit that is associated with the publishing of his or her work. A credit line or signature costs Scholastic nothing, yet is very important to the artist.
6. [Artist agrees that for a period of two (2) years from the date of this agreement, Artist shall not, without the written consent of Publisher, publish or authorize to be published any material based on material in the illustration(s) of a nature such that it would likely compete with the illustration(s).] While Scholastic may have legitimate concerns about the inappropriate or competitive use of a work, this noncompete clause is overreaching. First, it appears the restriction applies to works that Scholastic rejected. If the Publisher chooses not to use a work, it should no longer control how it will be used elsewhere. Further, the limits on use should be narrowed to similar markets (e.g., educational) and not to every publisher.
The "Commission" Agreement, extending the noncompete clause for the life of the copyright, is the worst. It hamstrings an artist's ability to exploit works that in all probability will have no effect on Scholastic's operation. The "Assignment" Agreement, requiring the Publisher's permission to use a work, is an unreasonable burden that restricts the legitimate use of one's own property.
7. [Artist represents and warrants that (i) the illustration(s) are original and have not been previously published, (ii) the Artist owns and can grant to Publisher the rights to the illustration(s) granted herein, (iii) the illustration(s) do not infringe on any copyright, trademark, right to privacy or publicity or any other property, common law or statutory rights of any person or entity, and (iv) the illustration(s) do not contain any obscene, libelous or otherwise unlawful material. Artist agrees to indemnify and hold Publisher harmless from any damage, loss or expense (including attorney's fees) occasioned by any claims, suits, actions or proceedings arising from an alleged breach of the foregoing representations and warranties or the settlement or avoidance thereof. The foregoing representations and warranties shall survive termination of this agreement.] Scholastic has every right to demand that an artist warrant that his or her work is original, not previously published, and does not infringe on anyone else's copyright. However, it is unreasonable to expect an individual artist to indemnify a multimillion-dollar corporation against lawsuits the artist may not have precipitated and has no control over.
In today's litigious society, frivolous lawsuits are initiated every day. Artists are in no position to assume the risks of defending Scholastic. On the contrary, Scholastic should be indemnifying the artist for any suits that are not related to the artist's warranties of originality. For example, if Scholastic demanded a work to be executed (over the artist's objections) that infringed on a celebrity's privacy that precipitates an action, is it right to expect the artist to defend Scholastic?
10. [If Artist fails to meet its obligations under this agreement or does not meet the criteria of the specifications or the industry standards in the Publisher's discretion, the Publisher shall be entitled either (i) to terminate this agreement upon written notice to Artist, or (ii) if schedule permits, to offer Artist first opportunity to re-illustrate in accordance with the specifications at no additional fee to Publisher.] This termination clause appears to give Scholastic the license to reject work and not have to pay for it at all. If this not the intent of this paragraph, it should be clarified. Otherwise, the artist should have the same ability to terminate the agreement as does Scholastic.
11. [The obligations of this agreement may not be assigned by the Artist.] If the artist may not assign this agreement, then Scholastic should not be able to assign the rights it acquires either (unless the artist agrees).
BOOK REVIEWS...
Self-marketing Step-by-Step Strategies reviewed
by Jim Carson
Marketing and Promoting Your Work by Maria Piscopo North Light Books 117 pp hard cover $27.99
Maria Piscopo is someone readers may already be familiar with through her writing in How, Step by Step, Communication Arts, or by her lectures. She has been a creative services consultant for 15 years and teaches for the Dynamic Graphics Educational Foundation and at the Art Center College of Design in Pasadena, California. I found a previous book of hers, The Photographer's Guide to Marketing and Self-promotion (Writer's Digest Books, 1987), contained many helpful insights even for an illustrator such as myself.
Her latest book, Marketing and Promoting Your Work, fills an important niche; it's not simply another book filled with samples of work artists use to promote themselves--without the essential strategies necessary to use those examples. Though a small section of such samples is included, the main thrust of the book is to help artists develop a step-by-step process for coming up with a marketing strategy. For those who like linear thought, there are also plenty of checklists that lead the artist through a logical progression.
The book starts out with a chapter on targeting markets and setting goals. These are two things that graphic artists often don't take time to do, instead jumping in without a goal in mind, and subsequently taking whatever work comes along. It then moves on to uses of direct mail, advertising, publicity, and networking. Next is making contacts with potential clients by setting up a database and presenting the portfolio. Then the day-to-day aspects of working with clients (including a few pages on copyright, pricing, and the Code of Fair Practice), building repeat business, and managing conflicts. The last two chapters address working with reps and marketing specialists and making an action plan. It also has a series of "super strategies" sprinkled throughout--tips given by various graphic designers and illustrators about strategies that succeeded for them.
The book is part of a North Light Books series called "Graphic Design Basics." It is mostly geared to graphic designers, though both illustrators and photographers will find much helpful information. One does need to keep in mind that, though graphic designers and illustrators have similarities in how they can market, there are differences. Designers are often marketing to the ultimate consumers of their services, for example, the "owner of the company"; illustrators are often marketing to the designers who are working for the owner of the company. Therefore, the vehicles they use for promotion may be different. Though an ad in a local business magazine may work well for designers, for an illustrator, it probably represents a lot of exposure to people who don't buy illustration services directly.
Designers also traditionally tend to be more geographically bound; it's been said they are limited to a 50-mile radius because their clients want to see and meet with them. Illustrators can literally work for anyone anywhere who has a phone and overnight delivery. Piscopo addresses this issue by encouraging designers to develop out-of-town clients by strategically positioning their services as unique, and she gives a case study of one who did just that.
I did find myself distracted by the design of the book. I know this is the standard page layout for this series, but the frequent use of 44- and 38-point headline type and 12-point text type makes the book feel like a children's primer or a book for the visually impaired. It's serious information, but the design tends to cute and gets in the way.
It's a book worth considering, either for the beginning freelancer or for the established professional who needs a fresh perspective. I would recommend it as a good addition to anyone's marketing bookshelf.
Jim Carson has been a freelance humorous illustrator for 17 years, based in Cambridge, Massachusetts. For 12 years he has also taught "The Business of Illustration" at many places, including the MA program at Syracuse University. An audio tape/workbook version of his course is currently in the works and will be offered soon (he hopes).
Quark Complete! Reviewed
by Jim Mokarry
The Quark XPress Book by David Blatner and Eric Taub Peachpit Press 739 pp soft cover $29.95
When I was asked to review this book I said OK, a little light reading. Wrong! This book is heavy (really, it must weigh about seven pounds). It is a heavy-duty book, full of good information about Quark Xpress. Whether you are a designer, production artist, or typesetter you will find this book very useful. What sets this book apart from the others is the extent to which the program is covered; Blatner and Taub did a great job, overlooking no key function or option. With the arrival of computer technology, the disciplines within the graphic arts have been blurred. This book will help artists navigate this new world according to Quark, in many instances redefining old terms and classifications as they apply specifically to Quark.I found the layout of the book clear and easy to read. The table of contents was direct (I always refer to it first). It has abundant visual references and covers the Quark program from its beginning to its present version. It starts with the basics, such as system requirements, upgrading, installing, document setup, and typography. The authors deal with complex issues of color, trapping, and separations in depth, and present this information in an easy-to-read, light-hearted, and humorous style, unlike most similar guides. It is best used as a reference--to dip into for specific tips--rather than a how-to manual to read through.
One especially valuable feature of the book is the use of special icons that highlight new enhancements of the latest version, Quark 3.3. The book clearly points out the new and compares them with their earlier incarnations or to features that are no longer used. They also give tons of tips and tables that help you do things right.
In particularly helpful aspects of the book, the authors explain:
the find/change menu that can make documentwide editsQuark's relationship to programs such as Illustrator, Freehand, MS Word, and their file formatsmacros and Apple Scripting, which help automate repetitive taskshyphenation and justifications, which are covered at length; this is important to those who are really interested in the specifics of typography.
Also covered in great depth is transferring Quark files between Mac and DOS platforms. Many enhancement programs created by third-party companies, called "extensions," are discussed with descriptions of their uses and cost. One particularly valuable extension is SxetchPad, which gives Quark some of the capabilities of Illustrator or Freehand, including putting type on paths or creating type outlines. This information is very useful, since I want Quark to be more than a great page layout program. The authors also devote 30 pages to Eficolor, the Quark color management extension. Wow! Now Quark can be calibrated to widely used output devices, such as Fiery, Cyclone, and Iris.
Would I recommend this book? Yes, because it can help everyone involved in this new world of art and design. It is an excellent reference book as well as an educator; it is worth the price. This book helps make a great software greater by adding insight to a complex program and helping Quark work harder for you. I don't recommend shlepping it around, though. Just find a home for it within arms' reach of your computer; I think you will refer to it on a regular basis.
Jim Mokarry is a graphic designer whose experience covers many areas of graphic design and production. He is self-employed as a package designer and sits on the National Board of Directors of the Graphic Artists Guild.
Desktop Color Under Control reviewed
by Ed Atkeson
Make Your Scanner a Great Design & Production Tool: Tips, Techniques, and Neat Ideas by Michael J. Sullivan North Light Books 132pp, 8.5x11 pb. $27.99
Professional Photoshop: Color Correction, Retouching, and Image Manipulation with Adobe Photoshop
by Dan Margulis John Wiley & Sons 292 pp, 7.25x9 pb. $49.95
Many years ago I met a guy who did dot etching for artbooks-chemically adjusting the density on optically produced separation negatives for high-quality printing. Since I was doing some prepress photography at the time, I thought we could talk and I would learn some things. Nope. He was working with tech so arcane and mysterious that I couldn't understand a word he was saying. I decided then and there that I didn't want to become a process color hobbyist.
Years later, here I am dealing with RGB, CMYK, Lab, unsharp masking, gray component removal, gamuts, gamma--the process color mysteries. Who'd have thought?
The designer's ever-expanding job description continues to annex new territories. Should we become process color experts? Should we learn how to sharpen photos, retouch scratches, and eliminate dust specks? Should we do routine color balancing on hundreds of photographs a year? Well, it turns out that it's not so hard to learn after all. And then we get control of all that color. Occasionally we get to invert the colors on an image and pull back on the saturation lever and flood the page with this marvelous thing! It's hard to write the specifications so that your local prepress color house can do that for you. Process color is now part of the creative process. Just as we did with typography, we have to learn some things about color in order to get it right.
Michael J. Sullivan's Make Your Scanner a Great Design & Production Tool is a good place to start. When you factor in the big margins and leading, thick paper, and extravagant chapter openers, this is a thin volume, but there's some excellent information in here. It's distilled and succinct, almost like the quick reference guides that come with software. There's an eight-step guide for monitor calibration, instructions for finding your scanner's sweet spot, advice on scanning 3-D objects and textured paper, tips on scanning line work and salvaging and tinting old photos, a bit on adjusting color and contrast. Each section of information gets a page or a spread; it's very clear. If you want to know how unsharp masking actually works--the principles involved--you won't find it here. But you will find solid information about what unsharp masking does and how to make it work for you. Sullivan gives you practical information, clearly put--everyday stuff you need to know and keep around for reference.
If you really want to demystify process color, you may want to read Professional Photoshop: Color Correction, Retouching, and Image Manipulation with Adobe Photoshop by Dan Margulis. This is where you find out how the rabbit actually jumps. Margulis is a graphic arts color professional used to working with high-end systems. What makes him unique is that he doesn't think the desktop color tools are half bad. Okay, maybe the Mac can't do everything quite as well as the big machines, such as Hell and Crosfield, but it does pretty well. Margulis applies his considerable expertise to producing great color on the personal computer, and he tells all.
A lot of us have tried to improve a PhotoCD or desktop scan of a photo by messing around with the Photoshop "selection" and "image adjust" tools. It's a struggle. We may actually make some progress toward improving the image, but we will probably never arrive at the same balance again. Read the first five chapters of Margulis' book. Now try balancing the photo using only the "curves" tool. I guarantee you'll become a convert. Curves is one of the most difficult tools to figure out; it's not intuitive. Worth the effort of learning, though, the curves tool is powerful and subtle, and 95 percent of the time it's the only tool you need. Margulis calmly and patiently urges us to learn to use curves. He dispels myths, deemphasizes calibrationism, and helps train our observation and analysis of photographs. What does this photo need? What do I want it to do? The analysis is not mysterious. That green cast, for instance, is clearly called out by the numbers in the Photoshop info palette. Correcting it is no mystery either. You'll know exactly what to do. Strange as it seems, you can get pretty close to a good color balance with a black and white monitor.
How the image will run on press is very important to Margulis, as it should be to us. How much total ink can you lay on those shadow areas, on what kind of press? What should the highlight dot percentage be? What happens down in the Photoshop boiler room when you convert an RGB to a CMYK, and what about the gray component replacement settings? How can you take full advantage of the gamut that the printing process offers, without going too far? It is entirely possible to make color separations which are unprintable. Avoid the embarrassment of having your negs sent back by the printer. Read this book.
Professional Photoshop addresses image merges, masks, layers, selections, lighting effects, all as applied to the photographic image, as well as grayscale conversions and duotones. It covers a lot of ground thoughtfully, subtly, professionally. As you watch those murky PhotoCD scans pop into beautiful, consistent, fully printable color balance, you may be moved to post an email to Margulis, as I did, to thank him for helping to clear it all up.
Ed Atkeson is owner of Berg Design in Albany, New York, which designs covers and jackets for east coast book publishers. He teaches computer graphics at Sage colleges in Albany and VMac in Rochester, New York.
NOTES TO THE MEMBERS...
Philadelphia-area Members Note!
An agreement has been reached with the Creative Directory for each Guild member in the area to receive a free directory ($50 value!). Also under negotiation: The 1997 Creative Directory divider pages featuring the work of Graphic Artists Guild members. Local members will be notified as details become available--no calls please.
Spotlight Henk Dawson,
member of the Guild's SPGA (Seattle) Chapter, was recently awarded a Certificate of Distinction from Art Direction magazine for a computer illustration of a cordless mower for Times Mirror's Home Mechanix magazine. Dawson also created the Windows 95 identity system--clouds--and collateral material, as well as a 19th-century home and library for the "Mystery Adventure Screen Saver Game" that ships with Windows 95.
Members
Overwhelmingly Approve Constitution/Bylaws Changes Ninety-two percent of members approved changes to the Guild's Constitution and Bylaws establishing a new dues category for collective bargaining unit members, allocation of those dues between National and Chapters, and setting out guidelines for the approval of collective bargaining agreements. According to the new criteria, only affected bargaining unit members may vote to approve a strike against their employer; other Guild members will respect the strike and "not perform scab work as freelancers or staff for the struck employer." Chapters will receive no less than the dues they would normally receive if the members were not part of a bargaining unit.
CORRESPONDENCE...
Editor:
I am writing to express my opinions on the potential certification of graphic designers.
I am absolutely for this idea. It would benefit all graphic designers. With the market oversaturated with designers, companies easily play one against the other. As a result, graphic designers are forced to underbid each other to obtain employment and freelance opportunities. Everyone loses and quality suffers.
I have had CEOs look across their desk at me and say that it would be no problem to find another designer to do the work for half of what meager sum I have asked. It would be much easier to call the CEOs bluff if I could boast state-certified legitimacy.
With a certified system in place, graphic designers will have better leverage. Companies will feel the need to hire certified graphic designers, fearing lack of quality. Everyone will benefit. Lawyers and doctors benefit from such a system. Why not us?
Sincerely,
Robert Sirota Chicago, IL
It's in the mail...
The new, improved PEGs survey! Already?!? A new PEGs?!? That's right, the next edition of the Graphic Artists Guild's bestselling Pricing and Ethical Guidelines is underway, and we need the most accurate up-to-date information we can get. So when you receive your survey, please fill it out thoroughly and return it promptly. PEGs is only as valuable as the information provided by the Guild's experienced and knowledgeable members.
REPORTS...
President's Report
by Karen Guancione (outgoing President)
By the time this is published it will be one year since the congressional elections of '94 that have affected our society and all of us so much. When control of Congress first changed, many of us who had been working and hoping for policies to help the average working professional were alarmed. Some of our causes such as national health care were now more out of reach than ever. This setback has forced many leaders of labor unions and other organizations representing professional workers to reevaluate their organizational priorities and sources of strength.
As president of the Graphic Artists Guild I have also looked for our main sources of strength and have asked all the National officers, board members, and Chapter leaders to do likewise.
While there is no question of the necessity of continuing our legislative lobbying and political action to achieve laws that are fair and just to our members, the working artists, there is now an even greater necessity to strengthen our membership through recruitment and even affiliation with a large national union.
Whatever it takes to achieve the "power of numbers" we must do it.
We have known before, but especially in this political climate we must bear in mind that only through a large and more powerful membership will we be able to achieve the professional and economic goals of working artists.
With these thoughts in mind I ask every Guild member to become a recruitment committee of one.
I ask every Guild member to pledge that you will ask the next ten graphic artists you meet to join the Guild.
I ask every Guild member to keep asking until you recruit at least one new member.
I ask every Guild member to seriously consider the possibility of strengthening our numbers and power through an affiliation with a growing national union compatible with our professional membership and our sense of organizational autonomy.
I ask this because nothing else will suffice.
I ask this because nothing else will enable us to achieve the dignity of life that we deserve and that we expected when we dedicated ourselves to lives of working artists.
Public Affairs Report
by Daniel Abraham, Vice President for Public Affairs
Enhancing the Guild's visibility and role in Washington policy- making was the primary--and successful--goal of a Guild delegation that met with representatives of the Copyright Office and the U.S. Senate Judiciary Committee. Though lobbying and ongoing communication with legislators are crucial to having influence, many copyright issues can be addressed through administrative action within the Copyright Office. The Guild has contributed to the public debate of copyright and other intellectual property issues through testimony, position papers, and public statements. Reaching out to develop relationships with important participants in policy making is the natural next step in this process.
The Guild delegation, composed of designers DK Holland and Daniel Pelavin, Executive Director Paul Basista, and myself, raised three primary issues of importance to Guild members: extending better copyright protection to graphic designers; easing requirements for group registration of artwork for copyright; and developing remedies for widespread abuse of the work- for-hire doctrine. The Guild first raised the issue of design copyrightability at Copyright Office rule-making hearings following passage of the 1978 Copyright Act. Both DK Holland and Mary Beth Peters, the current Register, had participated in those hearings, setting a familiar stage for the recent meeting.
We emphasized that graphic designers as a class are often treated differently from other visual artists because design work is routinely denied copyright protection. Works labeled "design" are often denied protection due to a difference in interpretation of terminology: to the CO, according to a 1991 letter to the Guild, "format and book design fall within the realm of ideas or concepts, which, by law, are not protected by copyright." To the art community, however, "design" connotes a series of artistic choices being fixed in tangible form by the designer. We offered to work with the CO to bridge this semantic gap, and asked them to help educate the graphic design community as to how work can best be protected--and how a copyright application can best avoid red flag words.
Group registration requirements pose different, less easily resolvable problems. Currently, with few exceptions, each work must be registered with its individual fee and form, which is a great deal of paperwork as well as financially burdensome. The exceptions are: published works that either comprise a single work, such as book illustrations or a series of contributions to the same periodical; or unpublished works from a set time period, e.g., a week or month. Disparate works that are intended for publication may be registered together as unpublished work as long as all the work being registered is unpublished at the time the form is sent. One way to avoid depositing numerous copies of unpublished work is to submit one videotape of a collection of works from a specific time period. As long as each image on the tape is at least three seconds long, this collection will be accepted for one $20 fee.
Timely registration--before infringement, and within three months of publication--enables artists to sue for statutory rather than actual damages, and for attorney's fees. (Actual damages, the true measure of an artist's injury from infringement, must be proved; statutory damages are usually larger and are imposed simply if an infringement exists.) Without the option of statutory damages and attorney's fees, which are available only with registration, few artists will be able to afford legal representation in infringement cases. Despite the Guild's suggestion that artists would register more works if compliance were made easier, it is plain that artists will have to use the existing system in greater numbers, and the Guild will have to continue working with the CO, before we will see change in this area.
Possible legislation inhibiting the rampant imposition of work-for-hire contracts was the last concern discussed with the CO representatives. We asserted that such practices were not intended by Congress when it passed the 1978 Copyright Act and were ripe for remedy. Highlighting cartoonist Don Martin's new battle with Time Warner, which is using and altering his old MAD magazine work for a new television program without Martin's permission, gave an egregious example of the consequences. While not unsympathetic, the CO representatives were discouraging as to the likelihood of legislative remedies. Two key factors--other high-priority copyright issues and heavy opposition--were cited as impeding change.
Following our meeting at the CO, we met with Ed Damich, chief intellectual property counsel to Senate Judiciary Committee chairman Orrin Hatch, whose committee has jurisdiction over copyright issues. This introduction enabled us to discuss work for hire and moral rights as two key issues affecting artists. Moral rights traditionally encompass "paternity" (attribution of ownership) and "integrity" (a work of art as a unified whole cannot be altered without the author's permission). Publishers have vehemently opposed moral rights provisions for artists in the past, as they would no longer be able to claim or negotiate such rights. With the advancement of new technologies, publishers may raise moral rights in public policy arenas to protect their own rights from piracy and manipulation. Ensuring individual artists' claims on moral rights as well ranks high on the Guild's agenda.
Clearly these meetings were concrete--and key--steps in bringing the Guild into the national decision-making process. As the pace of technological change continues to accelerate, the Guild's expertise will become more essential in crafting policies to protect creators.
