16 Destroying and Selling Drawings A drawing or painting should be subject to the conditions of the original agreement and if there is no agreement as to the disposition of the original, it becomes optional with the purchaser. 17 An Arbitration Committee In any case where there is a disagreement between an art buyer and an artist and where they cannot come to an agreement, the case shall be taken before an arbitration committee. Each arbitration committee shall be composed of two members from the Art Directors Club and two members from the Guild of Free Lance Artists. These four men shall select a fifth member from any group they may select who shall act as chairman. Where both parties agree this committee may be composed of three members, one from each club and the additional one elected by the other two. Each new case shall be handled by a new arbitration committee. THE MURAL PAINTERS A National Society. Adopted 1898; revised Apr. 30, 1912; first section consists of definitions: GENERAL CODE COVERING COMPETITIONS IN DESIGN II. THE PROGRAMME. 9. The Programme is an agreement, the terms of which must be carried out in good faith by all parties. 10. The terms of the programme are to be concisely stated and must be mandatory. 11. While it is not possible to summarize a programme to cover all cases, experience has shown that every programme should at least contain definite statements as to: (A) Authority under which programme is issued. (C) Nature and location of proposed decoration. color (G) A method of securing anonymity. (I) (J) be. Names of Jury, which shall include experts upon the subject under consideration. Power and duty of Jury. If for legal reasons the Jury may not make the final award, state such reasons and in whom such power is vested. (K) Period of time within which the decision will be rendered. (L) Provision for informing each competitor of the result of the competition. (M) The Public Exhibition of Designs, which should take place whenever possible after the award by the Jury. (N) Provision for returning work of unsuccessful competitors within a reasonable time. (0) The use of original features taken from unsuccessful competitors, which should be done only with the consent of and compensation to the author of the design in which it appears. (P) Essentials of the proposed contract between the promoter and the artist receiving the award. III. DRAWINGS OR MODELS. 12. The requirements for drawings, sketches, models, or other means adopted for illustrating or describing the proposals, must be clearly defined in the Programme; including, namely: that they be uniform as to character of rendering, scale, number, and size of separate sheets or pieces, and such other detail as may be necessary in the peculiar circumstances of each case. 13. The requirements for drawings, models, etc., must be of the simplest nature, adequate clearly to explain the design, thus reducing to a minimum the labor, and materials necessary in their preparation. IV. THE JURY. 14. All Competitions are adjudicated by the vote of a jury including disinterested experts. If the subject of the Competition be such that its execution requires special expert knowledge, then, if permitted by the Programme, the Jury may call in additional disinterested experts, and also the promoter, to advise with them. lows: 15. The order of procedure of the Jury shall be as fol (A) Reading the Programme. (B) Passing upon the question of calling in Expert Advisers or the Promoter. (C) Passing upon the work submitted, with reference to conformance with the conditions of the Programme. The Jury must exclude from consideration proposals violating the conditions of the Programme. (D) Passing upon the manner of arriving at the verdict. (E) Deciding upon the verdict. (F) Writing and signing the verdict. 16. The Jury may decide whether the prime object of the Competition is to select a design, or whether it is a means of test, having for its object the selection of an Artist. 17. As the issuance of a programme for a Competition in Design by a promoter, is practically a contract binding alike to promoters and competitors to fulfil the conditions set forth therein, no design conforming to the terms of the programme can be set aside and disregarded; neither can the abandonment or change of plans, or of location, nullify the obligations assumed by the promoter in the issuance of the programme; Therefore the Jury must make the awards to the Competitors as stipulated in the Programme. 18. The drawings, models, etc., are not to be placed on exhibition before the final verdict of the Jury is rendered, and except when otherwise provided in the Programme shall remain the property of their authors. 19. Voting must be by ballot, but procedure otherwise shall be as agreed upon by the Jury. 20. The action of the Jury shall be final; except in such cases where for legal reasons the Jury may not make the final award. AUTOMOBILES, MANUFACTURE NATIONAL AUTOMOBILE CHAMBER OF COMMERCE Has adopted form of contract by which members may exchange patent rights on automobiles, parts and accessories, provided the inventions are not revolutionary. This contract is accompanied by the following statement of: REASONS IN FAVOR OF CROSS LICENSING 1. It is obviously for the interests of the manufacturing members of the Chamber to remove the possibility of patent litigation between them. 2. No matter how many patents any single member may own, it is certain that license rights under the aggregation of patents which will come under this agreement will be much more valuable than the member's individual patents. 3. It will cement the industry together in a co-operative spirit which is in keeping with the tendency of the times. 4. There has been little or no money made out of patents in the automobile industry, and it is not likely that any money can be made out of patents by litigating them, as the winner in a patent lawsuit seldom receives very much. 5. Legitimate profit should come from proper manufacturing and selling of cars, and not from exploitation of patents which generally do not represent more than the incidental development of motor cars, for which engineers are generally responsible whether they take out patents or not. 6. The main thing is to establish a substantial business with patents only as a protection against patent litigation. Primarily, it should be the object to get business, as patents are merely incidental to business. 7. While everyone hopes to obtain good patents in the future it is apparent that the patents taken out by any one member are not likely to be as valuable to him as rights under patents taken out by 75 to 100 other members. 8. Each member will be left free to display his originality along the line of design patents. 9. The agreement is largely limited to chassis units and parts that is to say, units and parts that are common to either trucks or motor vehicles primarily adapted to private passenger use. No attempt has been made to include undeveloped and rapidly evolving things such as loading and unloading devices, fire apparatus, tractors, etc. |