Copyright issues:
When it comes to my own work, various copyright issues could arise if I do not check. For instance, if I use a photographic reference source for an illustration lots of legal issues could ensue so I must remember to either just use a portion of a reference image or go out and find my own references where possible.
In another way, I need to make sure I protect my own work with the right paperwork so that my images cannot be used without permission.
Past work:
I looked back over my work to see whether there were, unintentionally, any possible copyright infringements.
The only thing I could think of really was my Hallmark ideas. I used Jon Klassen as a major influence on the characterisation of my illustration for this project. Although there is no copyright law which protects a 'style' there are rules about 'passing off' but I don't think this applies to me as i rendered the character from my head, added details, colours and textures which are very different to Klassen's style of working and also I made sure i referenced his work alongside mine to show what my inspiration was.
Style:
As I said, a 'style' is not protected by law but it could bring about a lot of problems in the future if not referenced properly. My style of illustration is still quite varied but I suppose i would say some of it is quite similar to Tom Gauld's style:
But, i have always listed him as an influence on my artwork and used my own references for characters etc. Also, my style changes alot for different projects so it is now more of an amalgamation of different ways of illustrating.
Protecting copyrights:
I have done some investigation and thanks in a very large part to the wisdom of the AOI, i think i now know a lot more about copyright and how i can protect my images. Firstly, never ever assign copyright of images to someone else unless it is for ALOT of money! (Also, if i did do this it must be in writing or else it is void). So, for the most part i need to retain copyright of my images (which is mine from the moment i put pencil to paper) and when i enter into an agreement with a commissioner for an image the correct paperwork needs to be read, signed and kept safe. The AOI has a free version of an Acceptance of Commission form which is universal and illustrators are encouraged to use it which is great and if there are any problems with it the AOI are online and the website has a lot of help and advice.
By using a form either i have created, or the version from the AOI, i know there are no hidden catches in the Terms and Conditions about ownership etc and that i am protected by this contract.
Infringing on other people's copyrights:
I referred to this vaguely earlier but the best way for me to ensure that i do not infringe on other people's copyrights is to use my own sources images/references and acknowledge the work of others where needed. In some cases i might be able to get permission to use certain source photographs and certainly with the internet it makes it very easy to ask permission to use references from other websites etc. Also, I need to remember to ask permission before using links to other people's websites. If i do not do these things I could risk my reputation as an illustrator, my work would be useless and i would have a lot of legal issues to deal with including some hefty fines.
Rights Grabs:
Rights Grabs are attempts by commissioners to force illustrators to assign the copyright to them, waive their moral rights and, sometimes, hand over the entire ownership of their work.
Royalty Agreements:
Royalty Agreements tend to be a more complicated type of commissioned work than 'one off' commissions because they are designed to last for a much longer amount of time. The agreement consists of the Illustrator (or creative person) agreeing to create images and the publisher then fronts the money for the project and also gives their expertise in manufacturing, marketing and distributing the finished work. From the profits, the illustrator then gets a share of the proceeds (royalties). This type of agreement usually lasts for the length of the copyright period.
The AOI Code of Ethics and Professional Conduct:
AOI Code of Ethics and Professional Conduct
At all times, business shall be conducted competently, with integrity and honesty. Good communication between the illustrator and client is encouraged at all times. For example, a client should inform the illustrator of a cancelled meeting in good time. Any envisaged problems over the style or content of artwork should be aired as soon as possible. Mutual respect comes from common place dialogue.
When accepting a commission the illustrator should ensure that clients are aware of the extent of the rights they are purchasing. If no contract has been supplied by the client, the illustrator should provide written confirmation of engagement which includes this information. Licensing illustration and sending terms of trade are normally thought of as a protection for the illustrator; but it is in the interests of both sides that terms are clear. The client is entitled to know what right they have bought , and to have the information in writing for future reference. The illustrator has at least as much responsibility as the client to ensure that this happens.
The illustrator shall treat all information relating to their client’s business as confidential. Advertising jobs, both below and above the line, can be a particularly sensitive area in this respect, especially at the presentation stage when the agency/design group may well be pitching against others.
Illustrators who intend to be away from their normal place of work for more than a full working day should inform any client for whom they are currently working. This is a good rule to adhere to even if the illustrator is working on a long job and not expecting the client to be in touch. It can be very unnerving for a client to find they cannot contact an illustrator and cannot find out when he/she will be back at work.
The illustrator shall not subcontract work without the agreement of the client except in areas of illustration where this is customary (e.g. storyboards). This has been a problem in the area of realistic illustration, where styles are less distinguisable, clients, quite rightly, object.
Once the client has approved a rough, the illustrator should not make significant changes at artwork stage without prior approval. The artist may feel that there is an obvious improvement that can be made, but from the client's point of view commissioning illustration is already an unpredictable process, and sudden changes at artwork stage will only add to the client's nervousness about the outcome, and may affect their willingness to use illustration in the future.
If an illustrator is given an open brief there must be, as far as possible, a proper understanding of the boundaries of the illustrator’s creativity. This avoids time unnecessarily spent making huge changes at rough stage. Artwork should be of similar style and standard to that already approved in the artist’s portfolio, unless otherwise agreed with the client. The illustrator may charge a reasonable fee for significant alterations which were not in the original brief, however, the illustrator may not charge extra fees for alterations which are the fault of the artist, nor for trivial alterations.The illustrator must use their best endeavors to deliver work on time and if they anticipate any delay, must inform the client at the first opportunity.By the nature of things illustrators cannot subcontract work and a great deal of money may hang on delivery of a piece of work, particularly in advertising. In principle, once an artist has agreed to do a job, he/she can be sued for failing to deliver on time if this has damaged the client unless the artist is actually incapacitated by illness or some other unavoidable cause.
The illustrator must not licence artwork to a third party during the currency of an existing licence unless agreed with the client. In addition advertising illustration should not be re-licensed to a third party after the expiry of the licence if such action is likely to be detrimental to the client’s business. The chief purpose of the licence is to prevent the client from using the work for uses it has not paid for. An image should only be re-licenced to third parties once the original client has finished with it, and in the case of advertising special care is needed. This does not apply to areas such as card design, where simultaneous licencing for different products is customary.
Illustrators working on advertising or promotional illustration should not knowingly work simultaneously for clients who are in direct competition with one another without the agreement of both. In the case of conflict, the illustrator should accept the commission of the first comer. The illustrator must not act recklessly to endanger the relationship between an intermediary (e.g. design group or advertising agency) and its client. In particular, the illustrator should inform the intermediary before taking any legal action against its client and give it a reasonable opportunity to settle the matter itself. Conduct to other Artists and to Agents. Illustrators shall not set out to copy the work or imitate the style of another illustrator, and may not accept commissions so to do. However, emulation of and influence by another artist is permissable. Illustrators must at all times bear in mind the reputation of their agency and the other artists represented by it and act accordingly. Illustrators must honour agreements with their agents and in particular any agreement about exclusivity of representation. If a potential client refuses to deal through an agent, illustrators should accept the commission only after obtaining the agreement of their agent. Illustrators should not discuss money or deadlines with a client if represented by an agent unless otherwise agreed. Illustrators must inform their agent if they intend to be away from their normal place of work for a full working day or more. The illustrator must inform their agent immediately of any anticipated delay in delivery.
Speculative Work Illustrators should not undertake speculative work without a fee except in the case of self-generated work.
I took this from the AOI website in the members area.
References:
www.theaoi.com
The Illustrators Guide to Law and Business Practice, Simon Stern. AOI. 2008.
