Two New Guild Member Discounts: Art Licensing Services & Products, and Brush Calligraphy Workshop
Posted by Rebecca Blake on October 28, 2016
We have two new member discounts to announce! To retrieve your discount codes, log in to Member Central (upper right corner of our website), and visit our Member Discounts page.
Guild Member Discount: 25% off Art Licensing Products and Services
J’net Smith of All Art Licensing has extended to Guild members a generous 25% off of her art licensing products and services. This includes her intensive coaching sessions, SmartStart consultation and evaluation, contract negotiation services, video and audio classes, and her presentation package with product templates. The discount is offered through December 31. Smith is extending the offer to Guild members because they “actually have the chops to be successful in this exciting business.” To retrieve the discount code, log in to Member Central on the Guild website, and visit our Member Discounts page.
For those unfamiliar with J’net Smith, she is the licensing professional who made the cartoon character “Dilbert” a household name. She conducted a Guild webinar in September, “The New Art Licensing: Beyond the Basics.” Artists unsure of whether they should consider art licensing are encouraged to watch the archived webinar (available to members for free). Smith will also be offering a more advanced art licensing webinar with the Guild this Spring.
Florida Guild Members: Discount on Brush Calligraphy Workshop, Nov. 19 in Miami
Missy Briggs of M2B Studio will be teaching the basics of brush calligraphy in her workshop November 19: how to hold the brush pen, simple drills to follow, and an overview of suitable tools. Attendees will receive her Getting Started Guide and Upper and Lowercase Worksheets. All levels of experience are welcome, although Briggs requests that left-handed writers let her know in advance.
The workshop will take place on Saturday, November 19, from 1-4 p.m. at Creative Cove in Miami. Guild members receive $40 off the $140 price tag. To retrieve the discount code, log in to Member Central on our website, and visit our Member Discounts page. You can reserve your spot in the workshop on M2B’s Eventbrite page:
Statement on Removal of Registrar of Copyrights by Copyright Alliance
Posted by Advocacy Liaison on October 24, 2016
On October 21, Dr. Carla Hayden, Librarian of Congress, announced the removal of Maria Pallante as Registrar of Copyrights. With small copyright claims legislation introduced in the House and copyright law under review, the change in Copyright Office leadership comes at a sensitive time. The Guild is working with other creators’ associations to formulate an appropriate response, and to advocate for greater protection for visual artists. The Copyright Alliance, of which the Guild is a member, released a statement that echoes our concerns:
Copyright Alliance Statement on Today’s Changes in the Copyright Office Leadership by New Librarian of Congress
Washington, D.C. – October 21, 2016 – The new Librarian of Congress, Dr. Carla Hayden, today announced that Register of Copyrights and Director of the United States Copyright Office, Maria Pallante, has been removed from office. The following is a statement by Copyright Alliance CEO Keith Kupferschmid regarding the announcement:
“We are most grateful for the dedicated service that Maria Pallante has provided during her tenure as Register of Copyrights. Serving since 2011, Register Pallante’s commitment to evidence-driven policymaking and public involvement in the policy process should serve as a model. She has recognized the importance of copyright to both the U.S. and international creative communities and worked as a steadfast advocate for modernizing the Copyright Office and its technology initiatives. It has been an honor to work with Register Pallante.”
Kupferschmid concluded by stating: “We are surprised and concerned by today’s news, which comes at a time when the Office and others are considering many potential changes to the copyright system and law. As the national search for a new Register of Copyrights commences, we are committed to assisting the new Librarian and the Chairman and Ranking Members of the House and Senate Judiciary Committees with this important process, and view it as an excellent opportunity to continue the dialogue on the future of the U.S. Copyright Office. We support Karyn Temple Claggett’s appointment as the Acting Register and believe that her appointment will allow us all to be deliberate and take the time necessary to find the next Register.”
ABOUT THE COPYRIGHT ALLIANCE
The Copyright Alliance is a non-profit, non-partisan public interest and educational organization representing the copyright interests of over 1.8 million individual creators and over 13,000 organizations in the United States, across the spectrum of copyright disciplines. The Copyright Alliance is dedicated to advocating policies that promote and preserve the value of copyright, and to protecting the rights of creators and innovators. For more information, please visit www.copyrightalliance.org.
Ask a Pro Webinar and Resources for Illustration and Design Students Published
Posted by Advocacy Liaison on October 21, 2016
If length is any sign of success, our Ask a Pro webinar with illustration and design students coast-to-coast was a hit. Illustrators, animators, and designers logged on October 19 to ask questions of illustrator Ed Shems and design director Rebecca Blake, including entire classrooms from MassArt in Boston and the Art Institute in San Francisco. The webinar lasted over 2 hours – an hour longer than anticipated – and covered both questions submitted in advance and ones entered into the webinar chatstream in real time.
After the webinar concluded, the links and resources shared during the talk were gathered into a resource list. Additional links to articles, tutorials, portfolios sites, job boards, and recommended business tools were added to address all of the questions that were raised in the course of the webinar. The result is a comprehensive list of resources on copyrights, starting a business, self-promotion and marketing, pricing, productivity tools, service providers, and finding work. A link to the webinar, and the resource list have been published as “Ask a Pro! YOUR Q&A with a Graphic Designer and an Illustrator Webinar and Resource List” in the Guild’s Tools and Resources section.
The webinar was coordinated by the Guild’s New England administrator Carolyn Wirth, who reached out to MassArt’s Career Development Office to gauge interest, and Ed Shems, who developed the webinar and suggested its overall structure. The Guild also decided to make the webinar and resource list publicly available for free, in the hope that it would provide valuable insight into professional practices for students and newly minted professionals.
Illustrator Cory Kerr Makes the Case for Using a Contract
Posted by Rebecca Blake on October 11, 2016
“Good clients come from good relationships. Good relationships come from managing and meeting expectations. Expectations start at contracts.” This is how illustrator Cory Kerr begins his podcast, “Contracts and the Apocalypse.” The 11-minute video is directed to illustrators who are new to the business side of illustration, or who are uncomfortable with using contracts.
At the outset, Kerr allays fears that using contracts will scare away good business. In fact, Kerr warns that clients who are unwilling to sign a contract may be trying to evade paying the illustrator. Kerr also addresses the discomfort illustrators have in assigning a value to their work: “Value in exchange for value is how business works. And even if you're an artist or musician or some sort of creative, just because that seems more fun doesn't mean [you’re] not providing value and it doesn't mean it's not a business transaction.” Kerr stresses that exposure – creating work for free in exchange for publicity – is rarely a value-for-value exchange since, as he points out, clients rarely can offer the kind of exposure that would reward the illustrator adequately.
Kerr makes arguments for why illustrators should use contracts, and provides a quick overview of what contracts should establish: price, deliverables, payment schedule, and kill fee. Kerr also gives a huge plug for our Handbook: Pricing & Ethical Guidelines. (One clarification on Kerr’s presentation: the Handbook includes pricing tables created from pricing information provided by artists nationwide. These do not represent pricing the Guild recommends that artists charge, but rather, provide guidelines on what artists’ peers are charging.) The Handbook includes a full complement of sample contracts for a number of disciplines, and can be purchased either in print or, as a three-volume set, in eBook format.
Kerr has enhanced his podcast with a mesmerizing video of him working on a motorcycle-themed illustration, The Four Horseman. It’s an incongruous but delightful touch that somehow works in engaging the viewers’ attention, while not detracting from Kerr’s soliloquy.
Video © Cory Kerr. Used with permission.
$1 Billion Lawsuit Against Getty Images Raises Questions about Public Domain Dedication
Posted by Rebecca Blake on September 29, 2016
Photographer Carol Highsmith was outraged when she received a $120 invoice from Licensing Compliance Services on behalf of Almay Limited, a photo stock agency. The invoice was accompanied with a threat letter contending that she was using one of their licensed images on her website. Why the outrage? Highsmith had taken the photograph Almay was claiming to license. Not only that, Highsmith had donated that photo to the Library of Congress for public use, rights-free. A little bit of digging revealed that Almay Limited and photo stock giant Getty Images were selling Highsmith’s public domain images, and were aggressively pursuing anyone found to be using those images via the content tracking service PicScout (a Getty subsidiary).
Highsmith is a well-regarded photographer who documents the cities, countryside, and cultures of the United States. Her work has have been widely acclaimed and published. Inspired by iconic American photographers such as Dorothea Lange and Frances Benjamin Johnson, Highsmith began donating her photographs to the Library of Congress in 1988. The Library established a one-person archive of her work, to which Highsmith continues to contribute; the collection is expected to top out at over 100,000 images. An article on PDNPulse states that in making her images public domain, “Highsmith says she never abandoned her copyrights to the images. She says the Library of Congress had agreed to notify users of the images that she is the author, and that users must credit her.” (“Photog Seeks $1 Billion from Getty for Copyright Violations,” David Walker, Sept. 9, PDN Pulse) Her intention was to make the photographs available rights-free “for the use and benefit of the American people, and as a permanent record of our nation’s buildings, landscape, culture, and people.” Discovering that her donated work was monetized by stock image agencies was a surprise.
Hightsmith contacted Licensing Compliance Services, who quickly dropped the invoice. But Highsmith wasn’t satisfied. Searches pulled up 18,755 of her donated images on Getty Images, and about 500 on Alamay. Both Getty and Alamay were inconsistent in how the photo was credited. Alamay made no reference to Highsmith, but labeled her photos “© Everett Collection Inc / Alamy Stock Photo.” Getty labeled some images “By: Buyenlarge”, and others “Credit: Buyenlarge/Contributor”, followed by “Photo by Carol Highsmith/Buyenlarge/Getty Images.” (Buyenlarge is the profile of a contributor on the Getty website. It’s also the name of a print-on-demand poster printer specializing in public domain and licensed historic ephemera; some of those images also appear on Getty under Buyenlarge's credit line.) Highsmith also discovered that Getty and Alamay continued to seek out and invoice users of Highsmith’s images, even after they were made aware that users may have sourced the images from the Library’s Highsmith collection.
The sheer volume of the images posted to Getty Images and Alamay led Highsmith and her legal team to seek damages of $1 billion from Getty, Alamay, Licensing Compliance Services, and PicScout. Highsmith is contending that when Getty and Alamay removed or altered the credit line from the photos – the Highsmith/Library of Congress credit she had stipulated upon donating her photos – the defendants violated DMCA provisions of US copyright law which proscribe the altering or elimination of copyright management information (CMI) with the intent to enable or conceal copyright infringement. The lawsuit also contends that the defendants are falsely presenting themselves as the copyright holders (or their agents), and threatened lawsuits they couldn’t pursue against people who lawfully used Highsmith's public domain images. (Highsmith is not claiming copyright infringement in her suit.)
While that figure sounds hyperbolic, it’s based on what the legal team thinks they could be awarded. As outlined in her lawsuit, each instance of infringement could be seen as a separate violation of Section 1202 of US Copyright law, and could result in a award of between $2,500 and $25,000. Multiply that by 18,755 infringements, and the total comes to between $46,887,500 and $468,875,000. Since Getty was already found to have infringed a photographer’s work in the past three years, the Court could additionally treble the damages awarded to Highsmith – hence the $1 billion price tag. (Highsmith also contends that Getty’s licensing of her work damaged her reputation by making her appear to have been hypocritical in first donating her work to the Library, and later deciding to license the work to Getty.)
Carol Highsmith was invoiced for her photo of the Nelson Atkins Art Museum in Kansas City, MO.
Credit: Carol M. Highsmith's America, Library of Congress, Prints and Photographs Division
Getty responded to the lawsuit with a statement claiming that the complaint was based on misconceptions, and filed a motion to dismiss the case. In their motion, they refute that they altered the CMI. Getty's motion also states they could not have altered the CMI with the intent to infringe copyrights, since no copyrights exist to infringe on public domain images. It’s not certain that Highsmith will prevail, should the case go to trial. Stock agencies legally license public domain images, and justify the fees by citing the resources they invest to make the images available for “productive use.” In her article, “Can Anyone Use Public Domain Images?”, Nancy Wolf, legal counsel to DMLA, explains that legally anyone can make use of public domain images, including licensing them. But most images enter the public domain when their copyright expires, if their copyright wasn’t renewed, or if the work didn’t have a valid copyright notice.
But what about images that were dedicated to the public domain? Can the creator make that dedication conditional, as did Highsmith claims she did with her requirement of a credit line? And does the creator retain any copyrights? The IP blog Public Domain Sherpa asked the Copyright Office whether an author could abandon his or her copyright to a work. The Office responded that there is no specific provision in copyright law for disclaiming copyrights, and that while an author can record their intention with the Office, the acceptance of a statement of abandonment of copyrights “…should not be construed as approval of the legal sufficiency of its content or its effect on the status or ownership of any copyright.” In her agreement with the Library, Highsmith stated that she dedicated to the public “all rights, including copyrights throughout the world, that I possess in this collection.” However, the agreement also states that the Library will request that those reproducing the work include the credit line, “Carol M. Highsmith's America, Library of Congress.”
There’s a good chance Getty and the other defendants will settle out of court with Highsmith. Even if they stand a good chance of winning the suit, the negative pulicity generated by the lawsuit may make a court battle not worth the effort. Getty and Alamay have removed all of the Highsmith images from their websites. But what about those who used Highsmith’s images legally from the Library of Congress website, but were invoiced by Alamay or Getty (and paid the bill in some confusion)? Jonathan Bailey on Plagiarism Today wonders if a class action lawsuit brought by those erroneously billed by the stock agencies will be brought.Previous Page Next Page
How to Start your Very Own Communication Design Business!
Enter your email address below to receive a FREE download of "Starting Your Own Communication Design Business" written by Lara Kisielewska.
By signing up you will receive our monthly newsletter and occasional e-mails about our advocacy work. You will have the option to opt out at any time.
Looking to keep up with industry trends and techniques?
Taking your creative career to the next level means you need to be up on a myriad of topics. And as good as your art school education may have been, chances are there are gaps in your education. The Guild’s professional monthly webinar series, Webinar Wednesdays, can help take you to the next level.
Members can join the live webinars for FREE - as part of your benefits of membership! Non-members can join the live webinars for $45.
Visit our webinar archive page, purchase the webinar of your choice for $35 and watch it any time that works for you.