Code of fair practice, and AIGA Ethics Expectations

[DaveGink]

Here's a couple things I posted over on the API site and I'd thought I'd share them here too.

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Business and Ethical
Expectations for
Professional Designers

American Institute of Graphic Arts

Letter from the Director:

This brochure describes what it means for a client to work with a professional designer.

Designers have bestowed on AIGA, their professional association, the responsibility for creating a design community with strong social ties and for articulating norms of professional practice. These norms reflect a set of professional standards grounded in mutual respect and define the contribution a professional designer can make to a client's assignment and the quality of professional experience a client should expect from working with a professional designer.

While AIGA can provide a clear voice on standards, it is actually the strength of the social network of the community that invests these standards with authority. The standards are only effective if each member of the community abides by them and trusts that his or her colleagues will as well. Similarly, the quality of the experience a client has in working with professional designers will be enhanced when the client reciprocates his or her expectations by treating the designer with the respect inherent in the relationship described in this material.
AIGA stands firmly for these standards and members are expected to demonstrate them in their daily practice. These expectations are not exclusive to AIGA members, although our members are designers who proudly seek to reaffirm their commitment to the profession and to the highest possible standards.

Richard Grefe
Executive director, AIGA

Business Expectations for
a Professional Designer:

In today's information-saturated world, where an organization's success is determined by the power of its brand, professional designers become even more important in ensuring that companies communicate effectively —an imperative with bottom-line impact. Furthermore, a professional designer's ability to execute communications projects efficiently and economically is more critical than ever.

When a client invests in the services of a professional designer, he or she hires an individual who aspires to the highest level of strategic design, ensuring a higher return on investment. If a designer meets the following criteria, he or she will demonstrate the integrity and honor of the professional designer.

Experience and Knowledge:

A professional designer is qualified by education, experience and practice to assist organizations with strategic communication design.
A professional designer has mastered a broad range of conceptual, formal and technological skills.

A professional designer applies his/her knowledge about physical, cognitive, social and cultural human factors to communication planning and the creation of an appropriate form that interprets, informs, instructs or persuades.

Strategic Process:

A professional designer combines creative criteria with sound problem-solving strategy to create and implement effective communication design.

A professional designer solves communication problems with effective and impactful information architecture.

A professional designer becomes acquainted with the necessary elements of a client's business and design standards.

A professional designer conducts the necessary research and analysis to create sound communication design with clearly stated goals and objectives.

A professional designer will submit an initial communication strategy to an organization's management for approval and meet with a client as often as necessary to define ongoing processes and strategy.

Compensation and
Financial Practices:

A professional designer provides the client with a working agreement and/or estimate for all projects.

A professional designer will not incur any expenses in excess of the budget without the client's advance approval.

A professional designer may apply reasonable handling and administrative charges to reimbursable items that pass through the designer's account with the knowledge and understanding of the client.

A professional designer does not undertake speculative work or proposals (spec work) in which a client requests work without providing compensation and without developing a professional relationship that permits the designer sufficient access to the client to provide a responsible recommendation and without compensation.

Ethical Standards:

A professional designer does not work on assignments that create potential conflicts of interest without a client's prior consent.
A professional designer treats all work and knowledge of a client's business as confidential.

A professional designer provides realistic design and production schedules for all projects and will notify the client when unforeseen circumstances may alter those schedules.

A professional designer will clearly outline all intellectual property ownership and usage rights in a project proposal or estimate.
Clients can expect AIGA members to live up to these business and ethical standards for professional designers. Through consistently professional work, AIGA members have documented substantial bottom-line contributions to corporations and organizations. For more information and case studies about how professional designers have produced excellent business results, visit www.aiga.org

Knowledge Expectations
for a Professional Designer:

Professional designers are charged with making the complex clear, using text and images in ways that will transform information into understanding. This challenge requires both a broad knowledge base in order to understand content and specific skills to be able to shape the form of that content in a meaningful way.

Clients can expect professional designers to have both an understanding of liberal arts curricula and design skills.

Liberal Arts:

Designers should have knowledge and understanding of communication theory, writing, psychology, sociology, anthropology and business, as well as the humanities. Even specialists should have an understanding of related fields such as marketing, economics, organizational psychology, human factors, systems theory or computer science.

Design Competencies:

The ability to solve communication problems, including the skills of problem identification, research and information gathering, analysis, generation of alternative solutions, prototyping and user testing, and evaluation of outcomes.

The ability to describe and respond to the audiences and contexts which communication solutions must address, including recognition of the physical, cognitive, cultural and social human factors that shape design decisions.

The ability to create and develop visual form in response to communication problems, including an understanding of principles of visual organization/composition, information hierarchy, symbolic representation, typography, aesthetics and the construction of meaningful images.

An understanding of tools and technology, including their roles in the creation, reproduction and distribution of visual messages. Relevant tools and technologies include —but are not limited to —drawing, offset printing, photography and time-based and interactive media (film, video, computer multimedia). An understanding of basic business practices, including the ability to organize design projects and to work productively as a team member.

For designers with special emphasis in advertising, design experiences should include the application of communication theory, planning of campaigns, audience/user evaluation, market testing, branding, art direction and copywriting, as well as the formal and technical aspects of design and production.

For designers with a special emphasis in design planning and strategy, design experiences should include working in interdisciplinary teams, systems-level analysis and problem solving, writing for business, and the application of management, communication and information theories.
For graphic design programs with a special emphasis in time-based or interactive media, design experiences should include storyboarding, computer scripting, sound-editing and issues related to interface design, as well as the formal and technical aspects of design and production for digital media.

For more information on criteria for accredited design programs, visit www.aiga.org. AIGA is designated as the professional association responsible for defining the criteria for evaluating four-year and graduate design programs by the National Association of Schools of Art and Design.

AIGA Standards of
Professional Practice:

AIGA encourages the highest level of professional conduct in design. These standards reflect conduct that is in the best interest of the profession, clients and the public.

The Designer's Professional
Responsibility:

A designer shall at all times act in a way that supports the aims of the AIGA and its members, and encourages the highest standards of design professionalism.

A designer shall not undertake, within the context of his or her professional practice, any activity that will compromise his or her status as a professional consultant.

The Designer's Responsibility
to Clients:

A designer shall acquaint himself or herself with a client's business and design standards and shall act in the client's best interest within the limits of professional responsibility.

A designer shall not work simultaneously on assignments that create a conflict of interest without agreement of the clients or employers concerned, except in specific cases where it is the convention of a particular trade for a designer to work at the same time for various competitors.

A designer shall treat all work in progress prior to the completion of a project —and all knowledge of a client's intentions, production methods, and business organization —as confidential and shall not divulge such information in any manner whatsoever without the consent of the client. It is the designer's responsibility to ensure that all staff members act accordingly.

The Designer's Responsibility
to Other Designers:

Designers in pursuit of business opportunities should support fair and open competition based upon professional merit.

A designer shall not knowingly accept any professional assignment on which another designer has been or is working without notifying the other designer or until he or she is satisfied that any previous appointments have been properly terminated and that all materials relevant to the continuation of the project are the clear property of the client.

A designer must not attempt, directly or indirectly, to supplant another designer through unfair means; nor must he or she compete with another designer by means of unethical inducements.

A designer must be fair in criticism and shall not denigrate the work or reputation of a fellow designer.

A designer shall not accept instructions from a client that involve infringement of another person's property rights without permission, or consciously act in any manner involving any such infringement.
A designer working in a country other than his or her own shall observe the relevant Code of Conduct of the national society concerned.

Fees:

A designer shall not undertake any work for a client without adequate compensation, except with respect to work for charitable or nonprofit organizations.

A designer shall not undertake any speculative projects, either alone or in competition with other designers, for which compensation will only be received if a design is accepted or used. This applies not only to entire projects but also to preliminary schematic proposals.

A designer shall work only for a fee, royalty, salary or other agreed-upon form of compensation. A designer shall not retain any kickbacks, hidden discounts, commission, allowances or payment in kind from contractors or suppliers.

A reasonable handling and administration charge may be added, with the knowledge and understanding of the client, as a percentage to all reimbursable items —billable to a client —that pass through the designer's account.

A designer who is financially concerned with any suppliers that may benefit from any recommendations made by the designer in the course of a project shall secure the approval of the client or employer of this fact in advance.

A designer who is asked to advise on the selection of designers or consultants shall not base such advice on the receipt of payment from the designer or consultants recommended.

Publicity:

Any self-promotion, advertising or publicity must not contain deliberate misstatements of competence, experience or professional capabilities. It must be fair both to clients and other designers.

A designer may allow a client to use his or her name for the promotion of work designed or services provided, but only in a manner that is appropriate to the status of the profession.

Authorship:

A designer shall not claim sole credit for a design on which other designers have collaborated.

When not the sole author of a design, it is incumbent upon a designer to clearly identify his or her specific responsibilities or involvement with the design. Examples of such work may not be used for publicity, display or portfolio samples without clear identification of precise areas of authorship.


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Graphic Artists Guild
CODE OF FAIR PRACTICE FOR THE GRAPHIC DESIGN INDUSTRY

The intention of the Code is to uphold existing law and tradition and to help define an ethical standard for business practice in the graphic communications industry. Drafted in 1948, the Code was conceived to promote equity for those engaged in creating, selling, buying and using graphic arts. The Code has been used successfully since its formulation by thousands of industry professionals to create equitable relationships in the business of selling and buying art. Each artist should individually decide 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.

RELATIONS BETWEEN ARTISTS AND BUYERS
The word "artist" should be understood to include creative people in the field of visual communications such as illustration, graphic design, photography, film and television. This code provides the graphic communications industry with an accepted standard of ethics and professional conduct. It presents guidelines for the voluntary conduct of persons in the industry which may be modified by written agreement between the parties.


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 specific fee arrangement agreed to by 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 non-conformance 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 artwork 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 agreed to in writing. No works shall be 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 extensively, the artist shall receive additional payment.


Article 16
Art or photography should not be copied for any use, including client presentation or "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 photographs should be accompanied by a line crediting the artist by name, 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 an artist is specifically requested to produce any artwork during unreasonable working hours, fair additional remuneration shall be paid.


Article 23
All artwork or photography submitted as samples to a buyer should bear the name of the artist or artists responsible for the work. An artist shall not claim authorship of another's work.


Article 24
All companies that receive artist portfolios, samples, etc. shall be responsible for the return of the portfolio to the artist in the same condition as received.


Article 25
An artist entering into an agreement with a representative for exclusive representation shall not accept an order from nor permit work to be shown by any other representative. Any agreement which is not intended to be exclusive should set forth the exact restrictions agreed upon between the parties.


Article 26
Severance of an association between artist and representative should be agreed to in writing. The agreement should take into consideration the length of time the parties have worked together as well as the representative’s financial contribution to any ongoing advertising or promotion. No representative should continue to show an artist’s samples after the termination of an association.


Article 27
Examples of an artist’s work furnished to a representative or submitted to a prospective buyer shall remain the property of the artist, should not be duplicated without the artist’s authorization and shall be returned promptly to the artist in good condition.


Article 28
Interpretation of the Code for the purposes of arbitration shall be in the hands of the Joint Ethics Committee or other body designated to resolve the dispute, and is subject to changes and additions at the discretion of the parent organizations through their appointed representatives on the Committee. Arbitration by the Joint Ethics Committee or other designated body shall be binding among the parties, and decisions may be entered for judgment and execution.


Article 29
Work on speculation; Artists and designers who accept speculative assignments (whether directly from a client or be entering a contest or competition) risk losing anticipated fees, expenses, and the potential opportunity to pursue other, rewarding assignments. Each artist shall decide individually whether to enter art contests or design competitions, provide free services, work on speculation, or work on a contingency basis.


* Artwork ownership, copyright ownership and ownership and rights transferred after January 1, 1978 are to be in compliance with the Federal Copyright Revision Act of 1976.[/b]

[DaveGink]

I wanted to bump this up so that if anyone wanted to copy and paste this stuff into a text document they could. I know it's a long read, but some people here might appreciate the info. So....bump.

[piemel]

Dave are you trying to tell me that you want to see something similar for poster artists, wether or not endorsed by API ? ?

I am going to get a cup of tea and read this... this stuff interests me

thanks for religiously keeping up this particular fight... I might or might not agree with any or parts of it but I'd wish more API artists would chime in on the topic of ethics, guidelines and rules.

[JGex]

Good stuff, Dave.

Piemel said:
Dave are you trying to tell me that you want to see something similar for poster artists, wether or not endorsed by API ? ?

Jeff & I think it merits consideration. It would be cool if poster artists had some sort of "code of ethics"

Other opinions?

[RichieGoodtimes]

I'll start.

Poster Artists Code of Ethics

1. Thou shall not covet your fellow artists wives unless they are really hot.

[RichieGoodtimes]

2. He who smelt it dealt it.

[piemel]

I browsed this document.... this AIGA code of ethics.. are they mandatory or voluntary? Is AIGA enforcing it?

[kozik]

3. my paypal address is frankkozik@sbcglobal.com

[Jermaine]

Excellent ideas.
One unethical loose-cannon could affect the whole.
Its happened before.

[piemel]

sure it all sounds good but its more complex than that... what is ethical to you is unethical to another... how about the old favorite : spec-work?

enforce it or not? endorse a position pro or anti? work something out through API or outside of it?

AIGA is obviously very much against specwork. We tried this discussion before and it usually attracts only 5 people.

I am not even sure IF people want to see a code of ethics ? ? ?

And if so, should they be mandatory & enforced or voluntary

Any ethics discussion will likely involve the issue of spec work. Dave Gink has started a thread multiple times but the reactions are minimal to say the least. You guys can only set a code of ethics if you have people participating in the defining of those ethics.