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Posted on 12/04/08 at 09:34 AM
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What purpose does an arts organization serve if it will only "help" as long as you are sending them cash?
The following unedited* email exchange between the editor of StopWorkForHire and the president of the Graphic Artists Guild pretty much sums up my feelings on this issue. (*Names have been changed out of courtesy).
Mr. Smith,
My name is Editor and I own and operate a small design studio in [location].
I have been a professional independent designer for the past twelve years and have been vigilant with regard to work-for-hire issues my entire career. However, I have noticed over the past two years an alarming increase in the number of company's, especially advertising and interactive agencies, who have adopted rights restrictive clauses in a variety of documents.
Due to an "interesting" year in 2007, having been directly affected by a number of such clauses by a number of formerly dedicated clients, I have decided to act.
The result is the beta launch of a new site called stopworkforhire.com - which will be supported by a new organization I will be creating called the Professional Artists League.
My goals are primarily advocacy and education, with an attempt to start an online community to share knowledge and experiences.
I am writing to ask if the Graphic Artists Guild would consider endorsing my efforts with stopworkforhire.com and allowing me to include the GAG logo on the endorsements page?
Please let me know if this would be possible. I learned from the GAG handbook about work-for-hire when I started in this business over a decade ago and my intention is to leverage my experience to help others.
Thank you for your consideration,
John Doe
Editor,
The Guild has existed for 40 years now and I have been a freelance illustrator/designer for almost that long. Work for hire and restrictive contracts have existed for at least that long and it is no surprise to me or the Guild that they do exist. The work for hire contract strips the creator of any ownership of the creative product as you know and allows the client to treat the freelancer as an employee without giving them the benefits an employee would normally enjoy. Business loves to own everything and loves to own it for cheap. They do what they do because they can and we graphic artists allow them to get away with it.
The Guild Pricing and Ethical Guidelines book is in its 12th edition. We warn graphic artists about work for hire and bad contracts in every edition, we warn in the Guild News, and we warn in all our news releases, we warn on our website. In short, we have done what you propose doing for the last 40 years. Rather than reinventing the wheel, why don't you join the 40 year effort that has been doing what you think you would like to do.
The Guild had a very active chapter in Atlanta, but as with all advocacy efforts, the person behind that effort, the driving force, moved on. Advocacy and education is hard work, especially when those who need the education the most resist all efforts to make them smarter business people. We have the tools in place to help, but we need good dedicated people who realize that our profession will only survive if we have smart people making smart business decisions along with making good graphic art.
You can't educate those who won't read, you can't convince people that they can change portions and wording of contracts by putting up a website. The best way to change the way people do business is by building a community of graphic artists that know the score, and that is a hands on effort.
If you are interested in energizing the Guild Chapter in Atlanta, please feel free to call or email the At Large Chapter Administrator, Mrs. Sunshine, at, [phone number] [email]. I've also included her on this response as well as the Guild's Administrative Director, Mrs. Johnson.
Mr. Smith
Guild President
Mr. Smith,
A simple "no" would have sufficed.
I have to admit that my reaction to your lecture is one of astonishment. The fact is, if your attitude is one of "no one reads" and "putting up a website is pointless", then my estimation of the Graphic Artists Guild is correct. If after forty years, the guild has succeeded in educating only one person who reads (me) about the perils of work-for-hire, then it is absolutely time to reinvent the wheel and try a new approach.
Secondly, whether or not your experience has jaded your view of independent creatives desire to learn about their business, there is now an easy and free resource for people to learn about work-for-hire. Not everyone wants to pay $35 for a ethical guide book that hasn't actually been revamped in over five years. Not every creative can afford to spend $250 or more dollars each year to gain membership in a local design organization that provides dubious benefits outside of a social forum.
Thirdly, I am offended that an organization whose mission is to support independent artists would have the audacity to tell me NOT to pursue my project and instead suggest that their endorsement only goes as far as my willingness to put forth hundreds, if not thousands, of hours of my time to start another GAG chapter in Atlanta in order to help you reopen a closed revenue stream. I don't know the first thing about running a physical organization and have no interest in attempting to convince my colleagues to fork over $240 of their hard-earned money to become a member of a local chapter with zero resources to provide any benefits whatsoever to their businesses. In fact, years ago when I was researching which group to join, I spoke with one of the GAG Atlanta chapter officers who recommended that I look into the AIGA. Atlanta is solidly an AIGA town ... but, you already knew that.
Your response is exactly the negative unhelpful attitude I am trying to expunge with my project. I am offering the Guild free advertising and an opportunity to show that it is still relevant. You want my advocacy? Then, scratch my back. I may consider becoming a member or at the very least continue to purchase the Handbook. At last count, I've spent $210 on your product.
Editor
Editor,
Please don't read my comments selectively. I'm not telling you not to put up a website. And in 40 years we have educated many thousands of graphic artists on the evils of work for hire.
The new 12th edition of our book has been out now for a couple of months, updated and revised in sections that warranted updating. The Guild is a National organization with local chapters, and dues about pay what it costs to service a member. If you and your colleagues don't care to spend $200 on maintaining your profession, or spending time getting to know one another, then that is also fine.
If Atlanta is a solid AIGA town, perhaps they are willing to sign onto your project.
We are constantly monitoring and informing and advocating for the graphic artist. Work for hire, bad contracts, copyright legislation, and smart business practices are areas of concern for the Guild on an ongoing basis. We will fight the good fight whether you join us or not, although we would welcome you as a member.
Good luck with your effort, please make sure that your information is correct and I hope your '08 is interesting in a more positive way than was '07.
Cheers,
Mr. Smith
Guild President
In my opinion, "yes" arts organizations have lost their relevance.
And, while my response was perhaps a little harsh, albeit honest, I stand by every word. I was not "selectively reading" anything.
What purpose does GAG or the AIGA serve if they will only "help" as long as you are sending them cash, helping recruit new members, or pushing one of their advocacy efforts?
I'm not arguing that all of the advocacy organizations which started with the intention of supporting the arts and creative professionals have not done some good. They most certainly have. My point is that all membership-based organizations who rely on yearly dues eventually get to the point when they become so bloated and entrenched and, frankly, full of themselves that they forget why their organization was started in the first place ... To help all creatives and not just their paying members.
Editor's Apology: PAL is not out to "flame"every stick-in-the-mud who doesn't want to support our efforts. This exchange has been posted to lend support to PAL's core argument that we need to start working together ... And, yes, I fully realize my part in setting fire to this bridge. But in recognizing my over-eagerness, I'll do my best to be more diplomatic in the future.
Have arts organizations lost their relevance?