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Use of illustrations (1 MB)

Use of illustrations (1 MB)

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Published by aigadesign
We encourage you to download and reformat the information as part of your regular proposals to clients (giving proper attribution to AIGA).
We encourage you to download and reformat the information as part of your regular proposals to clients (giving proper attribution to AIGA).

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Categories:Topics, Art & Design
Published by: aigadesign on Jan 25, 2011
Copyright:Attribution Non-commercial


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AIGA supports the use of original illustrationin design solutions. Illustration can providea unique sensibility to certain projects. Thischapter offers insight into professionalpractices and ethical considerations withinthe illustration community.
Illustration offers visual solutionsto design challenges.
Illustration can transcend thelimits of the written word. It isan art of opposites, an intricatedance between art and commercethat is created by people who findfreedom in solving visual riddlesand in filling dictated space withinventiveness, creativity andadded value.Each illustrator brings a differentperspective, vision and idea toplay that, when married with greatdesign, becomes an original artform. Illustration brings spon-taneity, freshness and a uniquepoint of view to the design of content. It helps to communicateboth simple and complex mes-sages while enhancing a designthrough the unique vision andskill of the selected illustrator. When a designer selects anillustrator to use, he or she is notonly receiving the rights to repro-duce the finished piece, but isalso receiving the fruits of yearsof exploration and the develop-ment of an individual style. Thisindividual style becomes the coreof the product, the individualservice offered and the asset thatembodies the completed cre-ative work. This intellectual andcreative property is no differentfrom other proprietary businessproducts and services. It is devel-oped—and protected—to enhancethe value of the finished user.
Select an illustrator basedon previous work.
There are countless ways to locatethe perfect illustrator for a par-ticular project. Many buyers turnto annuals, sourcebooks and theinternet, along with local illus-tration clubs, organizations andpersonal recommendations.Typically, a buyer will eitherrequest a portfolio or review the work online. It is not appropriateto ask for original sketches for anassignment without compensating the illustrator (asking for “spec”or speculative work). The selec-tion should be based on seeing previous work and discussing theassignment with the illustrator.There are also archives avail-able of pre-existing illustrationcommonly referred to as “stock”and “royalty-free” illustration.In many instances, it may not bepossible to commission a uniqueillustration, so a designer may decide to license this existing artto illustrate a project.It’s a safe assumption to statethat a client is best protected—interms of the quality of the work and assurances on the limitedavailability of the work—whenillustrations are licensed directly from the illustrator or his or herauthorized representative. Thealternative is to license the work through a stock agency. Within the illustration community,the most reputable stock agenciesare considered those whosepricing and usage are handledby the creator, whose fees are fairand reasonable to creators and who recognize the creator withcredit lines for the illustration.There is some concern over agen-cies that fail to protect the clientfrom acquiring an illustration without a clear measure of how broadly the image is already being used, from acquiring an image for which the rights are not availableand from acquiring illustrationsthat misappropriate an originalartist’s style. In other words,it is important for the client to work with intermediaries whodemonstrate the same respectfor the integrity of illustration asintellectual property as the client would expect in the treatment of its own assets. This protects the value of both the illustrator’s andthe client’s finished property. Although convenient, stock does not always serve the creativeprocess. Many believe it is analternative best utilized whenthere are no other options.
Illustration sources
 365: AIGA Year in DesignThe Society of Illustrators American IllustrationCommunication Arts Illustration Annual Print Magazine
The WorkbookThe Alternative PickThe BlackbookThe Directory of Illustration
 Websites: www.theispot.com www.workbook.com www.directoryofillustration.com
Price is directly related to use.
There are many considerationsfor pricing a piece of illustration.One common misperception isthat fees are based on whether itis original or stock art. The fee forthe use of illustration should bebased on the use of an illustrationand the exclusivity of its use, noton whether it is original or stock.The fee will vary based on how exclusive the use of the image isin the use that is contemplatedfor it, and whether the client wants rights for all uses for a setperiod of time (which is a licens-ing equivalent to purchasing theillustration).Specification of the anticipateduse must be clearly stated in a written agreement. A troubling ambiguity often exists, however,about whether an image licensedfor use in a print medium is thenincluded in the internet version of the print piece. Unless theusage was specified, the rights arenot automatically granted. As inany agreement, it is important toclearly state all usage for purchasein detail; otherwise the rightsnot specifically purchased remainthe property of the illustrator.
Every agreement shouldexist in writing.
Once the appropriate talent hasbeen selected, negotiations begintaking into account the following criteria: rights, usage, schedule,exclusivity, complexity, extendedrights and, in some cases, thereputation of the talent selected. Written and signed documenta-tion should be completed before work is begun (even on a rushproject) to ensure that everyonehas the same understanding. Thisdocument should outline in detailthe usage, deadlines, level of cor-rections allowed before incurring additional charges, potential killfees, payment details, form of delivery for final art, expenses, etc.Typically there is one sketch sub-mitted unless otherwise negoti-ated. If the project requires morethan this standard, then this mustbe communicated and negotiatedbeforehand. Often“corrections”or small adjustments are made,but only to the original agreed-upon concept. These guidelinesstand for computer-generatedillustrations as well. Althoughthe work is created in a differentmanner, the same considerationsare adhered to.“Changes” reflect new ideas thatare brought into the sketch orfinish stages. These are negotiatedbefore the changes begin andare added as an addendum tothe contract.
Original artwork belongsto the illustrator.
There are concerns that thebuyer and illustrator must keepin mind to protect the value of the work, both within and outsidethe context of the contracted us-age. These issues are understood within the industry and are ad-hered to by professionals on bothends of the creative exchange. An artist’s copyright is owned by the artist and is protected fromthe moment it is created by the1976 Copyright Act. This pro-tection covers the work for theartist’s lifetime plus 70 years. If agreed to in writing, the copyrightmay be assigned elsewhere.Original artwork belongs to theillustrator, regardless of the userights that are licensed. Originalartwork is provided temporarily tolicensees for reproduction. Eventhe purchase of “exclusive rights”represents rights to reproducethe artwork only. The originalillustration remains the property of the illustrator unless it is pur-chased explicitly and separately from the rights.Original artwork cannot bechanged without the creator’sapproval. Changes to an illustra-tor’s work must be made by theillustrator, unless permission issecured from the illustrator first.It constitutes creating a derivative work from copyrighted mate-rial, which, intentionally or not, violates federal law and places thebuyer at risk. Many are simply notaware of this law and unintention-ally violate it, so please be aware.For additional up-to-dateinformation about the copyrightlaw, please visit www.copyright.gov/title17.

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