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A. J. Images is a signer of the Code of Fair Practices
set forth by the Graphic Artist
Guild and the AIGA.
We have provided that code below to maintain and protect
the value of our industry. We also feel this information
is important to the client for a successful relationship
with their design firm and it's staff. The code has been
provided here as it appears in the Graphic Artis Guild
Hand book: Pricing & Ethical Guidlines10th Edition.
The Graphic Design Industry's
Code of Fair Practice
The intention of the Code of Fair Practice, drafted in 1948,
was to uphold existing law and tradition and to help define
an ethical standard for business practices and professional
conduct in the graphic communications industry. Designed
to promote equity for those engaged in creating, selling,
buying and using graphics, the code has been used successfully
since it’s formulated by thousands of industry professionals
to create equitable business relationships. It has also
been used to educate those entering the profession about
accepted codes of behavior. The ramifications of a professional’s
behavior must be carefully considered. Though the code does
provide guidelines for the voluntary conduct of people in
the industry, which may be modified by written agreement
between the parties, each artist should individually decide,
for instance, whether to enter art contests or design competitions,
provide free services, work on speculation, or work on a
contingent basis. Each artist should independently decide
how to price work.
Article 1. Negotiations between an artist or the artist’s
representative and a client shall be conducted only through
an authorized buyer.
Article 2. Orders or agreements between an artist or artist’s
representative and buyer should be in writing and shall
include the specific rights which are being transferred,
the parties, delivery date, and a summarized description
of the work.
Article 3. All changes or additions not due to the fault
of the artist or artist’s representative should be
billed to the buyer as an additional and separate charge.
Article 4. There should be no charges to the buyer for revisions
or retakes made necessary by errors on the part of the artist
or the artist’s representative.
Article 5. If work commissioned by a buyer is postponed
or canceled, a “kill-fee” should be negotiated
based on time allotted, effort expended, and expenses incurred.
In addition, other lost work shall be considered.
Article 6. Completed work shall be promptly paid for in
full and the artwork shall be returned promptly to the artist.
Payment due the artist shall not be contingent upon third-party
approval or payment.
Article 7. Alterations shall not be made without consulting
the artist. Where alterations or retakes are necessary,
the artist shall be given the opportunity of making such
changes.
Article 8. The artist shall notify the buyer of any anticipated
delay in delivery. Should the artist fail to keep the contract
through unreasonable delay or nonconformance with agreed
specifications, it will be considered a breach of contract
by the artist. Should the agreed timetable be delayed due
to the buyer’s failure, the artist should endeavor
to adhere as closely as possible to the original schedule
as other commitments permit.
Article 9. Whenever practical, the buyer of art-work shall
provide the artist with samples of the reproduced artwork
for self-promotion purposes.
Article 10. There shall be no undisclosed rebates, discounts,
gifts, or bonuses requested by or given to buyers by the
artist or representative.
Article 11. Artwork and copyright ownership are vested in
the hands of the artist unless duplicated, archived, or
scanned without the artist’s prior authorization.
Article 12. Original artwork, and any material object used
to store a computer file containing original artwork, remains
the property of the artist unless it is specifically purchased.
It is distinct from the purchase of any reproduction rights.
All transactions shall be in writing.
Article 13. In case of copyright transfers, only specified
rights are transferred. All unspecified rights remain vested
with the artist. All transactions shall be in writing.
Article 14. Commissioned artwork is not to be considered
as “work for hire” unless agreed to in writing
before work begins.
Article 15. When the price of work is based on limited use
and later such work is used more.
Article 16. Art or photography should not be copied for
any use, including client presentation of “comping”
without the artist’s prior authorization. If exploratory
work, comprehensives, or preliminary photographs from an
assignment are subsequently chosen for reproduction, the
artist’s permission shall be secured and the artist
shall receive fair additional payment.
Article 17. If exploratory work, comprehensives, or photographs
are bought from an artist with the intention or possibility
that another artist will be assigned to do the finished
work, this shall be in writing at the time of placing the
order.
Article 18. Electronic rights are separate from traditional
media, and shall be separately negotiated. In the absence
of a total copyright transfer or a work for hire agreement,
the right to reproduce artwork in media not yet discovered
is subject to negotiation.
Article 19. All published illustrations and a line crediting
the artist by name should accompany photographs, unless
otherwise agreed to in writing.
Article 20. The right of an illustrator to sign work and
to have the signature appear in all reproductions should
remain intact.
Article 21. There shall be no plagiarism of any artwork.
Article 22. If any artist is specifically requested to produce
any artwork during unreasonable working hours, fair additional
remuneration shall be paid.
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