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Guild Responds to Copyright Office Request on Group Registrations

Posted by Advocacy Liaison on December 01, 2017

Copyright Office logoThe Graphic Artists Guild has submitted a response to a proposed rulemaking by the Copyright Office on Group Registrations of Unpublished Works. Currently, graphic artists do not have a group registration option; among visual artists, only photographers have a group registration option, and that is only for published photos. The Guild has advocated for extending a group registration option to other works of visual arts.

The proposed rulemaking by the Copyright Office establishes a new group registration option for unpublished works: up to five works may be submitted for the group registrations; all works must have the same author or joint authors; and each work must be published in the same administrative class (for example, works of the visual arts, works of the performing arts, literary works, etc.). 

Notably, the group registration option will replace the current “unpublished collection” option. In its notice in the Federal Register, the Office states that the unpublished collection option is “ineffective” since it permits the registration of an unlimited number of works, whereas a more limited option would permit the Office to more easily examine each submission for its ability to be copyrighted, resulting in a better record and more efficient system.

In our response, the Guild welcomed the extension of a group registration option for graphic works. However, we raised a number of concerns with the proposed rulemaking, notably that limiting group registration to just five individual works is unfeasible for graphic artists, who often generate a greater number of works (sketches, revisions, alternate versions) in the execution of a single project. We also asked for the Copyright Office to issue an opinion on what constitutes publication for online works since, in a digital age, the distinction between “published” and “unpublished” is often confused. 

Montreal Design Declaration: “All People Deserve to Live in a Well-Designed World”

Posted by Rebecca Blake on November 14, 2017

Montreal Design DeclarationOn October 24, representatives from 14 international associations of designers, architects, urban planners, and landscape architects signed the Montreal Design Declaration. The signing took place at the conclusion of the first ever international Design Summit Meeting, and in the presence of representatives from three UN agencies: UNESCO, UN-Habitat, and UN Environment. The 14 international associations, along with four other design organizations, collaborated on the call to action. Collectively, over 600 national entities – design organizations, educational institutions, and design promotional centers — from 89 different countries were represented by the Declaration signers. (The Guild, as a member of ico-D, is represented on the Design Declaration.)

The Declaration challenges designers, educators, governments, and the private sector to work collaboratively in creating a world that is “environmentally sustainable, economically viable, socially equitable, and culturally diverse.” To reach this goal, the Declaration proposed 20 projects, from developing metrics to evaluate the impact of design, to fostering support and funding for design research and education, to showing the role of design in enhancing and celebrating cultural diversity.

The final project proposed by the Declaration is “Generate support for a world design agenda through distribution and statements of support for the Montréal Design Declaration.” To that end, designers are encouraged to download the Declaration, read it, and share it with their colleagues and contacts. The Montréal Design Declaration can be downloaded from their website. You can also like and share their Facebook page.

From Design Certification to National Design Policies

Posted by Guest on October 30, 2017

 ico-D Platform Meeting and World Design Congress

International Council of Design (ico-D) is an international organization of graphic arts associations; their annual Platform Meeting took place October 13 and 14 in Montréal, Canada this year, and as in previous years Rebecca Blake represented the Guild and participated as the National Design Policy workgroup lead. The Platform Meetings are organized for the international members of ico-D’s Education Platform (design educational institutions and programs) and Professional Platform (design associations) to review presentations and discuss issues of concern to designers and design educators. It’s an excellent opportunity to meet with one’s peers and gain an international perspective on common issues.

This year’s Platform Meetings kicked off with presentations by RGD (Association of Registered Graphic Designers), GDC (Graphic Designers of Canada), and Chartered Society of Designers. Each association conducts a robust certification program for designers, unique in how the qualifications and knowledge base of the participating designers is evaluated. The subsequent discussion between Hilary Ashworth of RGD and Jonathon Strebly of GDC was particularly illuminating. The two associations, both based in Canada, conduct certification programs and in the past have had a competitive and at times rancorous relationship. The discussion focused on how the two associations seek to best to serve professional designers in Canada.

Design certification and national design policy presentations

Food for thought: Jonathon Strebly describes the mission of GDC’s designer certification program (left), while Sami Niemäla asks a provocative question raised by Finland’s successful national design policy.

Another presentation that stood out was from the INDIGO, the Indigenous Design Network. In fact, one of INDIGO’s ambassadors, Elly Chatfield, initiated a new ritual for ico-D meetings. As a member of the Kamilaroi people of Australia, Chatfield opened the meeting with an Acknowledgment of Country rite, honoring the first people of Montréal and Québec. Russell Kennedy and Meghan Kelly from Deakin University in Australia reported on INDIGO’s activities and on their flagship project, the International Indigenous Design Charter, which was launched six days later at the World Design Congress. The International Charter will build on the existing Australian Indigenous Design Charter, and be a best practices guide for designers on using indigenous design and imagery accurately and respectfully. (A full interview of Kennedy and Kelly can be read on the ico-D website.)

For the Guild, the half-day session on National Design Policy (NDP) culminated three years of heading the NDP workgroup for ico-D. (A report on the NDP workgroup can be read on our website.) Members of the workgroup and invited speakers covered design policies from inception to full evolution and evaluation. Zachary Haris Ong from Malaysia and ZInna Nizar from Indonesia covered the first stop-and-go steps in getting an NDP initiated in their countries. (The task can be daunting; in Indonesia, as Nizar reported, design is not recognized as a profession, and designers are prohibited from charging for any services that don’t yield tangible outcome, such as a printed piece.) Bradley Schott and Peter Florentzos spoke on the stalled attempt at an Australian NDP, and a revamp of a regional design policy in Queensland.

national design policy

The NDP presenters represented a broad range of countries: (left to right) Tyra von Zweibergk (Sweden), Sami Niemäla (Finland), Bradley Schott (Australia), Don Ryun Chang (South Korea), Zinnia Niza (Indonesia), Kelvin Tan (SIngapore), Rebecca Blake (USA – Graphic Artists Guild representative to ico-D), Zachary Haris Ong (Malaysia), and Peter Florentzos (Australia).

On the side of fully realized NDPs, Tyra von Zweibergk (Sweden), Sami Niemäla (Finland), Kelvin Tan (Singapore), and Don Ryun Chang (South Korea) discussed their countries’ NDPs. The discussions illuminated how much political, economic, and even cultural differences shade the structure and execution of the policies. In fact, Niemäla’s presentation made the startling supposition that the function of a design policy is to make itself irrelevant. From his report, the NDP in Finland was so successful, with public awareness of design and with the design thinking so well integrated into the private and public sector, that Finland has scrapped plans to create a national design center. 

As with the INDIGO presentation, the NDP presentation was reprised for the World Design Congress later in the week. However, because of the limited time allotted, we focused on a guided Q&A conducted by Alisha Piercy, Communications Officer of ico-D. Ong, Florentzos, and Tan were joined by Mariano Alesandro of INDEX: Design to Improve Life in Denmark, and Arlene Gould from DIAC (Design Industry Advisory Committee) in Ontario, Canada. Alesandro spoke from the perspective of yet another highly evolved NDP from a Nordic state, while Gould represented the point of view from a country making its’ first steps towards an NDP. The audience included a mix of designers, policy makers, and educators. We were particularly delighted to entertain a question from Dori Tunstall; Tunstall led a US-based initiative on NDP in 2008-2010, which, while unsuccessful, yielded interesting insights into the US political structure and character, and how that influences our design sector.

Below: Zacharay Haris Ong and Rebecca Blake at the outset of the NDP presentation at the World Design Congress. 

World Design Congress

Spreading Wings: from the Guild to the ico-D Board

Posted by Guest on October 24, 2017

by Lara Kisielewska

The Graphic Artists Guild’s Advocacy Liaison Rebecca Blake was elected to the ico-D Executive Committee October 16th and will serve as International Treasurer. It’s the culmination of years of work; Blake has been the Guild’s representative to ico-D since 2007. She also became directly involved with ico-D, first by serving on the organization’s Audit Committee, and later by heading their National Design Policy workgroup. I interviewed Blake to ask why she sees ico-D as being an important part of the Guild’s portfolio of activity.  

Q: What is ico-D and how did the Guild first get involved?

Ico-D is the International Council of Design, a global umbrella organization for design associations, which constitute its professional membership. Essentially, it’s an association of other organizations around the globe that are like the Guild. When we first joined ico-D in 2007, the organization was called icograda – they changed their name in 2014. We had a provisional membership in 2006, and in 2007 were invited to join for full membership.

Q: Why was it important for the Guild to join?

At that time, the Guild’s executive director and National President felt it was important for the Guild to become involved internationally, since increasingly so many of the issues our members were facing were global – spec practices, infringement, and the commoditization of design and illustration. Icograda (or ico-D) supports raising the awareness and value of design, as well as best practices. That includes being solidly anti-spec. It was a foregone conclusion that we would join them, so the Guild board voted to pursue membership. I was asked to attend the General Assembly where the Guild was welcomed to full membership as the Guild’s representative. That was in Havana, Cuba, in 2007 – of course I said yes!

Q: Ico-D seems to meet all around the globe. Where else have you attended their meetings? 

The General Assemblies (basically in-person membership meetings) take place in different regions so that members from different parts of the globe have the opportunity to play host. I’ve been to General Assemblies in Cuba, Beijing, China, Tapei, Taiwan, Montréal, Canada (twice!), and Gwangju, Korea. Usually the General Assemblies are associated with larger design conferences, which are often organized so that the member delegates can visit local exhibitions, do studio tours, and visit design institutions. It’s a fascinating peek into the design sector in the host country. 

ico-d meeting materials

At ico-D General Assemblies, representatives sit in order of country (and sometimes that place setting includes cool swag!).

Q: How does ico-D membership benefit the Guild?

The travel is a lovely side benefit, but it’s icing on the cake. The crucial thing we get out of ico-D membership is a global perspective on what’s happening in our industry. That’s why I agreed to head the National Design Policy workgroup. It has entailed hours and hours of work, but the perspective I gleaned from it was invaluable, and it’s information the Guild board can use in formulating a more nuanced response to policy and issues. 

For example, one of my ico-D colleagues from Indonesia has spoken quiet openly about the struggles her design association has had in educating local designers on how detrimental speculative practices are. In her country, designers can and do earn a decent living from logo mills and crowd-sourcing platforms – exactly the business practices that are driving down the earning power of US designers and illustrators. Her struggle is in communicating what a zero-sum game speculative practices are for designers in her country; that business model consistently drives wages lower and lower, and eventually designers in her country will be struggling to make ends meet from those platforms as well.

Q: So what made you decide to run for the ico-D board?

It wasn’t anything I ever thought I’d do. Many of the ico-D board members are quite accomplished and well recognized; I’m a very average designer for the United States. But I realized the Guild has given me some experience that will be valuable to ico-D. The Guild is really involved in “in-the-trenches” advocacy work – working on legislative issues and policy in a way many other associations in other countries aren’t, just because of how the political structure in the United States leads to activist associations. 

On top of that, I had been on ico-D’s Audit Committee for three years. (That’s a committee that reports back to the membership of ico-D on how the organization’s finances are being managed.) When the Treasurer’s slot opened, I thought I might run for it, since the Audit Committee experience has given me a lot of insight into ico-D’s finances. I contacted some of the ico-D leadership to ask what they thought, and spoke with the Guild’s National President and Executive Committee. They were all very encouraging, so I decided to run.

ico-D board 2017-2019

ico-D 2017-2019 Board: (left to right) Jonathon Strebly (President Elect – Canada), Tyra von Zweigberk (Secretary – Sweden), Rebecca Blake (USA – Treasurer), ZInna Nizar (Vice President – Indonesia), Daniela Piscetelli (Vice President – Italy –), Zachary Haris Ong (President – Malaysia), David Grossman (Immediate Past President – Israel), Cihangir Istek (Vice President – Japan), Desmond Laubscher (Vice President – South Africa), and Ziyuan Wang (Vice President – China)

Q: What do you hope your involvement on the ico-D board will bring to the Guild?

First of all, I hope it continues to give us that valuable global perspective, particularly on speculative practices. We need to engage respectfully with our international peers to understand the cultural differences in how designers run their businesses. Secondly, there really needs to be a unified voice from the international design sector to counter how technology is being used to degrade our industry – by facilitating infringement, by creating platforms that legitimize detrimental business practices such as spec work, and by eroding the respect for copyrights. I’m hoping that ico-D becomes a platform for the Guild to unite with other design associations in educating on best practices.

Also, being able to meet with other design associations and share war stories and advice is just invaluable. We’re all struggling with how to engage our members, reach out to new members, revive our mission, and strategize to keep up with change. Hearing how other associations are struggling makes us feel less alone in our struggles. And hearing how other associations are thriving gives us a model on how we can grow and evolve.

Lastly, hearing about what graphic artists – designers and illustrators – are contending with in other countries gives us a heads-up on issues we have to keep an eye on. It helps us think proactively about what our members are going through, and devise creative ways to serve them.

Q: So what’s the future for the Guild and ico-D?

Hopefully it will continue to be a long and fruitful relationship! Since I’m now on the ico-D board, someone else from the Guild board needs to step up to the plate to be the rep to ico-D. We have a number of people on the Guild National Board interested in doing so – some relatively new, some seasoned Board members, and all people I think very highly of. As for how involved that rep will be, it’s really up to them. Chances are that they won’t be asked to run a work group as a new representative – there’s a lot to learn when you first get involved with ico-D. But in my experience, if you jump in, there is so much to get out of it, both for the Guild and personally. 

Call to Action: Ask Your Representative to Co-Sponsor Copyright Small Claims Legislation!

Posted by Advocacy Liaison on October 09, 2017

The Guild is calling on graphic artists to support the CASE Act, the Copyright Enforcement in Small Claims Act. Currently, small copyright holders – individual designers and illustrators – are disenfranchised from the copyright system. Copyright cases must be heard in federal court, and the cost of bringing a copyright infringement lawsuit forward is beyond the means of most graphic artists. On top of that, many lawyers won’t take small infringement cases – a survey conducted by the American Bar Association indicated that less than one-third of IP attorneys would take an infringement case of less than $30,000. In fact, copyright is so difficult for small rights holders to enforce that it’s been called a “right with no remedy.”

To address this, Representatives Hakeem Jeffries (D-NY) and Tom Marino (R-PA), as well as Representatives Doug Collins (R-GA), Lamar Smith (R-TX), Judy Chu (D-CA), and Ted Lieu (D-CA), introduced H.R. 3945, the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2017. The act calls for the establishment of a small claims tribunal to which individual creators can bring small copyright claims – ones valued at $30,000 or less. This new tribunal would provide an easy and streamlined process, is 100% voluntary with opt-out provisions, and is inexpensive. 

It’s imperative that individual artists come out in support of this bill! We need a groundswell of support from individuals to show Congress that there is grassroots support for the CASE act. We need more representatives to co-sponsor the bill. Click here to be taken to an advocacy page on copyrightdefense.com. You can choose to either telephone or email your representative. Copyrightdefense even has a field for you to find your representatives, and has provided talking point and a sample email. 

Copyright Defense contact graphic

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