ART ARTISTS-DESIGNERS LEAGUE OF NEW ENGLAND Adopted November 1922: SUMMARY OF WORKING PRINCIPLES First-Selling prices must necessarily be fixed by the individual artist's own ability. Experience will determine a fairly accurate basis of valuation for the work of individual artists, which should be consistently applied and should not be allowed to vary with the wind of circumstance. Second-The submission of drawings, sketches or ideas on request, in competition or on speculation, is a practice unworthy of the profession and entirely unnecessary in business practice. Third-The selection of an artist by a buyer for given work carries the assumption, unless otherwise clearly understood, that the matter of style is left to the artist's own judgment and ability. Fourth-The use to which a drawing is to be put is not a basis for determining its value. Artists should not be asked to, and should not, reduce or increase their normal charges for any reason not directly concerned with idea or work itself. Fifth-Sketches in whatever medium have definite values and should be charged for as such regardless of any other considerations. Sixth Sketches developed by the artist alone have a time value plus an idea value which should be considered in determining charges. Sketches based on the buyer's idea or layout have a time value only. Seventh-Changes or alterations in drawings, made necessary by changes in plans or by incomplete instructions to the artist, or for any other reason not directly the fault of the artist, are fair charges in addition to the value of the original drawing. Eighth-The work of artists comes under the head of personal service, and as such, legally, is not subject to discount. When possible, the matter of price may well be settled in advance and no bill should be subject to arbitrary cut or discount. Ninth Signatures ordinarily add to the interest and value of artist's work. Whether drawings are to be signed or not should be clearly understood by artist and buyer when work is placed. Tenth-The artist may reasonably expect to be given good proofs of reproductions of work. THE GUILD OF FREE LANCE ARTISTS The Artist Section of The Authors' League of America. STANDARDS OF PRACTICE Number One. An artist should not be asked to speculate with or for an advertising agency, or asked to do work on any basis which entails the possibility of loss to the artist through factors beyond his control. Number Two. An artist should not be expected to stand any loss that is due to poor judgment on the part of the agency. Number Three. Changes or alterations in drawings. that are demonstrably the result of departure from instructions or mistakes on the part of the artist should not be paid for, by the agency, but the cost of alterations or revisions resulting from a change in plan or instructions or from inadequate instructions should be paid for by the agency if billed by the artist. Number Four. Unless it is agreed upon in advance that a more frequent or more important use of an artist's work shall furnish him additional remuneration, an artist shall not be asked or compelled to reduce his price below his normal charge because of restricted or small space use of his work or a limited appropriation. Number Five. If preliminary sketches are bought from an artist with the intention or possibility of their being placed with another artist for execution this should be made clear to the artist at the time of placing the order for the sketches. Number Six. Retention or elimination of the artist's signature shall be made a matter of agreement with each individual artist. Number Seven. There should be no concealed profits in art work as billed by the agency. Number Eight. No rebate or commission shall be asked or accepted from an artist or art service. RECOMMENDATIONS (a) Wherever possible, price should be agreed upon in advance when placing art work, and no bill should be arbitrarily cut without consultation with the artist. (b) As a free lance artist's work comes under the head of personal service or labor, his bill should not be subjected to a cash discount. (c) Wherever practicable good proofs of his work should be set aside and made available to the artist after publication. ART DIRECTORS CLUB Adopted 1923: STANDARDS OF PRACTICE 1 Definition of Art Director The Art Director is one who counsels in the creation and purchase of illustration and design, suggesting the commercial uses of art and interpreting to art the requirements of commerce. 2 A Position of Trust The Art Director occupies a position of trust. He is a professional advisor to the organization in which he is employed, and to the clients or customers whom that organization serves. He should not receive any commission or accept any substantial favor or service for himself or for his employer from any person interested in the sale of art work. He should protect the interests of his employer and clients by advising the employment only of trustworthy, reliable and competent artists, and by striving to obtain the best performance of such artists. 3 The Art Director's Responsibility to Artists Since there can be no fixed standards for the quality and value of illustrations and designs, the Art Director should deal with artists in a perfectly fair way. The fact that he is employed by one party does not invalidate his obligation to respect the rights of the other. 4 Originality and Plagiarism The Art Director should encourage originality and initiative on the part of artists and should discountenance plagiarism. 5 Definition of an Artist An artist is one who executes a design or illustration with all the ability, love and enthusiasm of which he is capable. He is a man who is only satisfied with the best he can produce. 6 Responsibility of Artists It is considered a breach of confidence for an artist regularly employed by a firm to solicit work from a client of that firm without the firm's knowledge. Any information concerning the policy of a customer or client is confidential and its disclosure is a breach of trust. Artists should not show proofs before publication. An artist working on an advertising campaign should not accept simultaneously orders for work on competing accounts without the consent of both parties. 7 Value of Sketches Made for Finished Art Work These rules apply only to sketches, not to rough layouts, because it is not always possible to have the same artist who makes a layout make the finished drawing or painting. It should be recognized that the sum which it is practicable to pay for a preliminary sketch is usually much less than the true value of the time required to execute it. A sketch purchased at a nominal price should not be (a) sold or used in lieu of a finished illustration or (b) given to another artist for the making of the finished illustration, without the consent of the craftsman who made it; and in such case the price paid for the sketch should represent the true value of the artist's time and ability. It is recognized that when the artist is asked or expected to originate the idea of a sketch or illustration or considerably to develop or enlarge upon the idea as stated by the buyer, the value may be considerably greater than that of a sketch or illustration which follows a definite layout or set of instructions. 8 Speculation The purpose of this section is to discredit the abuse by the art buyer of his position to obtain services without cost. Artists should not be requested to submit sketches for finished work on speculation and should not consent when requested so to do. It is recognized, however, that it is to the best interests. of the artist that original ideas should receive consideration, and that art buyers should have the fullest opportunity to become acquainted with the manners and abilities of the greatest number of artists. Therefore, it is to the buyer's interest to examine work submitted for his consideration from whatever source. 9 Prices As in other arts, professions and industries, the law of supply and demand is the main factor in establishing prices. It should be kept in mind in establishing prices that in art work the best work is often done in the shortest time. The price to be paid for a sketch, illustration or design, should, if possible, be stated at the time of the order. 10 Alterations Alterations should not be made in an illustration or design without the knowledge and consent of the artist, except in unavoidable emergency. When the artist is ordered to make alterations or additions made necessary by faulty instructions or a change in purpose or plan, he should be compensated for such additional work. Alterations made necessary by his own failure to follow instructions or maintain his usual quality should not be paid for. 11 Rejected Work Sketches or finished work which are not used should be paid for at the price originally stipulated, unless the rejection is due to the failure of the artist to follow instructions or to maintain his usual standard of quality, in which case the Art Director must protect the interests of his employer or client by refusing or reducing the payment. 12 Charges to Clients The art buyer when acting in the capacity of agent should not charge to a client concealed profits or an unduly large percentage above the price paid to the artist for an illustration or design. 13 Payment of Bills Since the work of an artist is in the nature of personal service or labor, his bill should be paid within thirty days and should not be subjected to a cash discount. 14 Proofs Whenever practicable, good proofs of the artist's work should be set aside and made available to him after publication. 15 Signature of Artist At the time of placing the order, or earlier, agreement should be reached between the artist and the art buyer as to the publication or omission of the artist's signature. |