Current News and Past News Briefs

Page 2 continued the Guild's discussion of certification of designers, begun in the Spring 1995 issue of the Guild News ("Graphic Designers: Are You Certifiable?), with a letter from designer A.E. Akins in favor of the proposal. A job opening and the Guild's web site was also announced.

No Comping Without Calling

The Guild has joined with other artists groups, reps, and sourcebook publishers in a campaign to fight a long-suspected copyright infringement practice: illegal comping. "No Comping Without Calling" described the insidious practice of art buyers' use of portfolio materials for comps without permission, its impact on illustrators and preproduction artists, and the campaign. It also announced the Guild's call for a well-documented scanning infringement case for a possible lawsuit. Members who believe they have such a claim should contact Executive Director Paul Basista, Graphic Artists Guild, 11 West 20th Street, New York, NY 10011; 212-463-7730.

Thwarting Cyperspace Piracy, by Senator Orrin G. Hatch (R-Utah)

Senator Hatch has introduced legislation based on a two-year Clinton administration study of the impacts of the growth of the information superhighway on intellectual property rightsholders. The article, which first appeared in the magazine Legal Times, described the problem and the proposed solutions, including penalties and public interest provisions.

Playboy decision

Refusing to hear an appeal by Jennifer Dumas, the U.S. Supreme Court has let stand a lower court ruling giving creators mixed rights when faced with work-for-hire agreements after the work is completed. In this far- reaching case, the widow of artist Patrick Nagle was denied the right to sell her husband's work because Playboy Enterprises claimed it was the legal author of Nagle's works. Guild News, which has been monitoring this case carefully, detailed the implications for artists and rightsholders and suggested ways artists can protect themselves.

Model Organizing

Artists are not the only unusual group considering unionizing. Other professions have found benefits to collective organizing. The latest: Fashion models. Despite images of glamour and prestige, fashion models are finding, in the words of ten-year professional model and organizer Donna Eller, "I've come to see there's a lot missing from this profession." The models join a growing list of untraditional professions seeking to organize into unions; not long ago the Buffalo Bills cheerleaders, the Buffalo Jills, also announced their unionization. The agencies' responses, predictably, are negative. "Models don't need a union," said Eileen Ford, described by the New York Times as "the grande dame of the agency world." "They have us." A bit like saying artists should let Conde Nast worry about their electronic rights ...

The Worst of Hearst

In continuing the Guild's tradition of educating our members to the benefits of offering their own agreements when commissioned, Guild News gave a detailed analysis of the HomeArts Contributor Agreement offered by the Hearst Corporation. HomeArts is a new on-line service offered by Hearst.

Guild Launches Legal Defense Fund

Spurred by a marked increase in attacks on artists' rights--in particular, a current assault on the rights of cartoonist Don Martin by Time Warner--the Graphic Artists Guild has established the Graphic Artists Guild Legal Defense Fund. Dispersements from the Guild Legal Defense Fund are at the Board's discretion and will be based on a case's potential for setting a precedent or having an industrywide impact. The Guild extends its thanks to the many artists and designers who have contributed generously to the establishment of the legal defense fund.

Death and ...

At the end of every tax year, Guild News publishes up-to-date changes to the tax laws and regulations that are relevant to both self-employed and staff artists. The Guild provides suggestions only, and taxpayers with questions should check with a preparer before filing their returns. The article is written by Guild accountant Robert P. Mollenhauer, Jr. CPA, and he can be reached at (212) 982-2000 for further assistance.

For Beginners Only?

Review of: 1996 Artist's and Graphic Designer's Market Edited by Mary Cox, Writer's Digest Books, 712 Pages; hard cover; $23.99, by longtime freelance humor illustrator Jim Carson. In the business course I teach, I hand out a list of sources for finding potential clients for illustration. It includes books, such as The Standard Directory of Advertising Agencies (The Agency Red Book), Working Press of the Nation, The Design Firm Directory, and sources for mailing lists. At the end, almost as an afterthought, I also mention Artist's and Graphic Designer's Market.

Licensing Basics

Review of: Licensing Art and Design by Caryn R. Leland, Allworth Press; 112 pages: $16.95, by surface designer and illustrator Michelle Lester. Caryn R. Leland's Licensing Art and Design has been revised--slightly. The original version has stood for five years as a clear explanation of copyrights, patents and trademarks, idea protection, and licensing agreements. In the electronic media explosion, her revised work clarifies basic artists' rights issues, and helpful examples and sample agreements are presented for all the subjects covered. It cannot claim, however, to be definitive.

Giving Artists the Business

Review of: The Business of Illustration by Steven Heller and Teresa Fernandes, Watson Guptill; 114 pages; $27.50, by freelance illustrator Jeff Seaver. To paraphrase the old joke: How many illustrators does it take to change a light bulb? The answer: none, they'd rather just sit there in the dark. Over the years I lectured and taught workshops on negotiation and the business of illustration. I inevitably encounered students who, though eager to learn, had arrived at adulthood without the business sense needed to run a lemonade stand or a newspaper route. In a trade permeated by ignorance of economics, legalities, and professional standards, the Graphic Artists Guild has taken the lead among organizations trying to correct the problem. Its Graphic Artists Guild Handbook, Pricing and Ethical Guidelines remains the industry bible on business practice. However, as many illustrators and designers can testify, perusing that tome (which evolved from a thin stapled pamphlet in the early 1970s) isn't exactly pulse-pounding bedtime reading. Into the breach comes The Business of Illustration, by Steven Heller and Teresa Fernandes. This new book approaches the story in a well organized and, as one would expect from its authors, artfully designed way. Inside the Guild

In her regular report, Guild president Polly Law discussed the need to do long-range strategic planning. She compared the Guild to the types of stone walls found near her home in upstate New York, and about the types of building methods used: "What type of wall would we use as a metaphor for the Guild?" Polly mused. She sees a strategic plan as the key to building the Guild into "the beautifully executed dry-laid wall we want it to be." This accompanied a report on the National Board of Director's unanimous decision to form a Strategic Planning Committee, also detailed in the Guild News

Executive Director Paul Basista also wrote about strategic planning, calling it the "process by which we formulate our vision and work toward achieving it." Board orientation and development is also key, he noted, calling it "time to invest in Guild officers and directors, Chapter boards, and committees. Improving their skills will result in benefits at many levels---committee, board, and personally."

In addition, Basista updated the membership on the Guild's recent accomplishments, including negotiation of the Guild's first ever staff contract, at Thirteen/WNET; the Guild's copy-right work in Washington; and the success of the Guild's Pricing and Ethical Guidelines.

Vice President for Public Affairs Daniel Abraham reported on the range of legislative and public policy issues the Guild has been working on. These included: copyright term extension; recommendations to the Patent and Trademark Office regarding the National Information Infrastructure; discussions with the Copyright Office about extending the copyrightability of design. He also laid out some of the Guild's goals, including expanding the public affairs committee and continuing to build the Guild's relationship with the Copyright Office.

The Affiliation Study Committee updated the Guild membership on its progress: For several years, the Guild has been investigating the possibility of affiliating with a larger union. That process is entering a new phase.

The Affiliation Study Committee (ASC) was established to investigate whether the Guild could--and should--attempt to expand member services, increase legislative power, and get additional resources to help achieve its strategic goals by affiliating with a larger union. If such a move were considered appropriate, the ASC's next assignment is to recommend to the National Board which union, if any, to negotiate with. At this writing, the ASC has been impressed with the possible access to resources--money and expertise--and seems inclined to pursue affiliation further, although with which union hasn't yet been decided.

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