May 21, 2010, 4:34 PM

Soft Stuff Rant

car1.jpgPlease buy our $1000 product for all the wonderful things it will do with your inspiration. It will make you feel like an artist. Yes, it will occasionally and unexpectedly quit, causing you to lose everything you created in a day, but we've remedied this with a cute saying, Save Often Stupid, which puts the blame elsewhere. The real irony is that when you want to quit, our software will sometimes crash, causing an additional waste of precious time.

We realize we are the only industry that can sell an expensive product without working out all the bugs; that's because you can't test-drive a car without tires, brush your teeth without bristles in your toothbrush, or use a nail without a point so it's understandable a sale would not result without working out those bugs. But, in fact, offering a free trial gives us the advantage; thirty days is just long enough to enjoy all the good things we've built into the stuff but not nearly long enough to locate all the bugs. The fact that we don't know where all the bugs are in our product in no way makes us liable. In fact, once you open that cellophane, you own it because there are no returns. Now, you may think this is unfair; and to this sentiment, we say with great empathy and complete and utter understanding, tough cookies.

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November 28, 2009, 5:40 PM

Aol. Debris
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A Poorly Made Shoe

The Brothers Grimm and Hans Christian Andersen fairy tales seem to parallel some business transactions.  Take the recent flood of new logos for companies who have defecated where they eat, like AIG.  Much like a pig that's rolled in mud, the new logo gives a good scrub to a bad little piggie.

"Keep talking. History shows I can be convinced of a-n-y thing."
William Hurt as Ned Racine
in Lawrence Kasdan's Body Heat

Sometimes, the pig's owner is the one who gets the bath.  In our business in particular, where hot shot executives think they can do every job in the company, they may rely on the same know-how to select corporate symbols.  Big mistake, especially when led by a helpful sales staff whose only wish is to convince the buyer his preferences are right on. This makes me weep. But I understand why the Texas Longhorns will love this version of the new AOL logo.

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November 17, 2009, 1:32 PM

A Few Thoughts on Fluid & Static Media
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SPARKLING OR STILL?

When I was young and in lust with a seriously interesting structural designer, I sent a butler dressed in white gloves, tie and tails to his office for his birthday each year.  The butler arrived with a standing ice bucket and two stems on a silver tray to serve him French champagne in a delicate Baccarat crystal stem (an original design molded from the breast of Marie Antoinette). The server wished him a happy birthday and quietly took his leave.  I considered my friend a delightful sparkle in a case of still wine; an analogy I have never been able to top.

Compare those two forms in media; do we prefer still or sparkling (static or fluid) when plugging into the world?  I think it depends on two things not determined by media buyers, things better determined by user environment and intent.  Traditional print is not strong enough to hold back the inevitable domination of information delivery by electronic device. 

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October 18, 2009, 2:15 PM

JOBS: Hiring & Firing in Design
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Part 1:  Getting Hired & Staying Hired

Your views of the world of work will change as you get older.  Wisdom comes with age, but all that means is some of the mystery and puzzlement over the course of your career will be clarified through personal experience. Separate yourself from the flood of resumes designed into oblivion; they are hard to read and difficult to decipher; will your work be the same?  Those rockin' hot typefaces you used (all 10 of them) will fade with time and become dated, sorta like shoulder pads and platform shoes.  Don't worry, if fashion is any indicator, they will cycle back in about 30 years and you'll be right on top of things again. But it won't be easy for you to get a good design job. Keep your resume simple, easy to read and pertinent. 

The trouble with job interviews is that so many people stretch the truth about their skills, nobody knows what to believe.  The assistant with her degree from the Art Institute who felt her beauty, grace and appearance were enough to keep her employed was fired.  The assistant who said he had a degree in advertising but really had majored in journalism was fired. Human beings are complex, emotional and pretty prejudiced about certain things when forced to make quick judgments about strangers they must hire.  You can maximize your chances of being hired for the right job in a very competitive field by following a few simple rules. Bear in mind that the right job may not be the job you want or think you deserve.  It should be one that matches your skills and abilities at the time. 

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October 7, 2009, 4:00 PM

PORTFOLIO: Part Two
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Think Like a Lawyer

My previous post on  "Portfolio What's Yours is Not Theirs"  has generated more comments than any other post.  In an effort to clarify the issues involved, and rise to meet some challenges offered by readers, the questions and my resulting answers are posted below: The answers were sent to the individuals, except for one who gave a bad address.


QUESTION:
I was just released from my full time staff position of senior photographer I held for 7 years.  In those 7 years, I never had a contract or a non-compete about imagery and it's usage.  My former employer insists that I have ZERO rights to use any of the images to build a website and promote myself as an independent photographer.  On my last day he pushed an agreement in front of me stating, don't call clients, don't say anything bad about him, and he is offering me 8 images to take as my own. If I don't sign, he' s not going to give me my final check.  I had to sign just to get my money and get out of the building or I might have done something illegal to his physical being.  So 7 years have passed and I have to tell potential employers that I've been under a rock for 7 years. Or try to explain, "I really am a spectacular photographer you just need to trust me.  No I don't have any work to show you, but really, I'm great."

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August 7, 2009, 5:49 PM

Web Theft: What to do!
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One of the absolutely FREE things we used to do when we were in art college was window shop. And lately, there's been a lot of that on the ever so fluid web.  What should you do if someone steals some of your work online?  Contrary to popular belief, things online are not free for the taking.  Just ask the guy who downloaded all those songs in Boston who may end up spending $6,750,000 as a result of a recent court judgment.  It's hard to understand how someone can be so disrespectful to the artists and writers whose work he stole. First, give your adoring fans the benefit of the doubt.  I say this because that line "Imitation is the sincerest form of flattery" makes my blood boil.  But not everyone is as aware as we are about copyright laws and fair use.  If you need to brush up on copyright law, there's a neat little tutorial posted on the University of Texas website.


Debbie Stier, SVP, and Associate Publisher at HarperStudio says: "My true rule is that you should rock the boat. Don't let fear stop you, don't let what other people might think stop you, just push it as far as you can; rock the boat, take risks, and experiment." Read more of this kind of courage building stuff for creatives here. Douglas Eby looks into the heart and soul of the creative and shows us how to go where we want fearlessly.

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June 23, 2009, 1:09 PM

PORTFOLIO: What's yours is NOT theirs.
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Artists get a lot of leeway in business law and tax law.  We won't mention that some of that leeway is due to ignorance (e.g. "I don't know how you do it, but we want you to make some of that magic you do.") but that's okay.  It makes up for some of the hobble-de-hoy we have to deal with, like customers who love the work but can't afford to pay for it and expect to take it anyway.  Every now and then, employers and clients attempt to strong-arm their creatives, using various scare tactics and threats to keep us from displaying our work in a portfolio or online.  Now, if you display that ad you designed for XYZ sport drink to sell sport drinks; then you are violating all kinds of laws.  But if you display that ad because you are trying to get more advertising work, then the law is on your side and no one can stop you.  EVEN if you were an employee when you created it, you are allowed to display that ad under your name (e.g. on your website) as long as you don't contact your employer's client and try to steal the business. If you call the client with intent, you are violating torte law, committing tortious interference (or as one pompous git said while his call was being recorded, "Don't tell Susan I called because what I'm doing is called torturous interference [sic]."  Don't do it.

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February 18, 2009, 4:46 PM

Fair Use, Copyright and Theft of Idea

Designers and professional art directors know there are plenty of career opportunities to take the easy road to complete jobs. It's littered with Google images, online download sites and image banks where one might find a photograph or illustration suitable for a comprehensive or research material for an illustration. It is much easier to ask permission than to use material illegally. Why risk it when you might get famous in the process and end up surrendering half of all your earnings plus punitive damages due the originator of the work you "borrowed"? My advice is don't even think about it. Jeff Koons makes a very good living selling stuff he calls art; though taking a postcard of a group of dogs shot by professional photographer Art Rogers and shipping it off to Italian artisans to have it reproduced as sculpture is not art. That pseudo art sold 3 sculptures at $367,000 each. Rogers, who owned the rights to the photograph used on the postcard, sued and won. The court found "substantial similarity" and that Koons had easy access to the picture; as a result, the sculpture was judged a copy of Rogers' work. Koons attempted to use Fair Use laws as a defense but lost anyway.

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September 27, 2008, 4:47 PM

Health Insurance for FREELANCERS

Down & Out


My worst nightmare became reality when I hurt my back.  I had been freelancing for about 3 years, but still hadn't accumulated enough regular work to buy health insurance.  Besides, I had jobs with design studios and small companies at various times during my career that didn't provide employee benefits, so it wasn't something I missed.  It's a common occurence in the commercial art industry; margins are so tight, many employers simply cannot meet the rent, pay the salaries and offer a competitive benefit package.  Freelance teaches you a deep appreciation for employee benefits, but perhaps not enough to give up freedom (yes, put on your best Mel Gibson blue face, thank you).

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May 14, 2008, 12:14 PM

Economic Chaos & FREELANCE

cash.jpgThe news reports about our robust economy last year baffled me, and I freely admit my life as an artist has dragged me through the school of hard knocks and taught me how to live well without having a lot of money. In December, our economy grew a miserly 0.6 per cent and they were still calling it robust. The first quarter of 2008 reported the same statistics (that's six tenths of one point of 100 points, kids) of 0.6 per cent growth: NOW we're in a recession according to analysts. The cost of fuel has quadrupled, and since every money making venture depends on oil at one level or another, it makes good sense that rising prices would soon follow as I wrote back in 2005 on a topic I know practically nothing about—economics. Why are we talking about this on a design blog? Because many have new businesses but few have business education, so here's few things about how to stay in the black while your competitors are just black and blue.

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April 1, 2008, 12:00 PM

Sex, Women, Men & QUESTIONS

OH, BABY.jpgCREATIVITY, a sister publication to Advertising Age and B2B is a real beefcake treat; every couple of months, it's filled with all the young men in advertising in various states of undress. Of course, it features their work, too, but it's hard to find any articles or features on women in advertising. The only women in that publication is the female editor, Teresa Iezzi and the occasional model appearing in ads. Good news, though, the February issue included a small POV article by Paula Scher. The advertising industry male-dominated power brokers should rely less on their sexual politics and more on the social fact that men and women are equal and roles in society should not be based on gender.

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January 1, 2008, 4:18 PM

Closing Incompletes

Hands.jpgThis is a good time of year to remember small kindnesses from casual acquaintances; those who spend valuable time assisting others in spite of their own heavy workload. Perhaps you are one of the people who do random acts of kindness on a daily basis. It's a simple philosophy of helping whoever, whenever one can, without judgment, reason or expectation. The payoff works both ways. You get to relieve universal stress and set an example, sometimes one that will affect the recipient for a lifetime. All those generous experts at forums and on lists pertaining to subjects like web design are donating billable time—random acts of kindness are something you can do, too. A couple of weeks back, I stopped at the post office with my final shipment for Christmas. My freelance work doesn't require anything beyond jeans and a t-shirt; I fit in real well with the rest of my rural locals. A well-coifed woman in a mink coat was behind me in line. As I started out for my car, I heard the clerk tell her she was a dollar short. "Oh dear, oh, dear. I'll be right back." As she turned to run out to her SUV, I pulled a crumpled dollar out of my old down coat and said, "Here, save yourself a trip." She was both mystified and delighted; though somewhat wary. Picture the humbled principal on the bus in Ferris Bueller's Day Off when offered some warm gummy bears by a runny nosed kid. Good for her—perhaps she will see the pleasure in doing random acts of kindness and pass it on. We all make judgments; especially aesthetic judgments. But it would be a wonderful thing if we could withhold forming an opinion until there was some basis beyond appearance for forming one. If we applied the same weights and measures to food that we apply to people, no one would eat chocolate. When presented with an opportunity to close the gap between complete and incomplete, seize the moment and become the resolving link.

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December 1, 2007, 1:03 PM

LAWS of Authorship

Avocado.jpgProtecting Your Work


One almost famous photographer I know put out a remarkable self-promotion piece. It was a calendar so simple and stunning, everyone wanted one. It was a series of posters with spot varnishes printed in full color on 100 pound coated cover. Being a professional (before he sucked everything up as nose candy), he stamped a copyright mark on each and every image used to produce those promotional pieces. About 6 months later, he received a phone call from a printer two thousand miles away. “Say, I’ve got these stripped up negatives here and I don’t see a copyright release. I’ll need that before I can proceed with the job.” It seems the guy who printed the job for the photographer liked the posters so much, he decided to reprint them quietly for his own promotion, without the knowledge or permission of the photographer. “Hell, no, I’m not giving you my permission.” Oh, to be a fly on the wall when those two guys came together.

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October 20, 2007, 1:00 PM

IOU: What To Do When the Chips are Down

CHIPS.jpgMy friend, the hoity-toity designer, bought several houses the last time the economic wheel hit dirt. He rented them out and had quite a nice piece of pocket change. When property values plummeted, unemployment rose and tenants decamped, he couldn’t pay the mortgage on some of those empty houses. He walked away. I was at his house one day when the phone rang. “Hello?” he answered, “yeah, just a minute, I’ll get him.” Then he set the phone down and continued our conversation on the dying art of marker comps. After about ten minutes, I reminded him about the caller on hold. “No worries, it’s just a collection agent. I like to tie up their line and let them sweat it out. After a few times, they just give up.” No fear here.

The Consumer Credit Protection Act lays out the rules for collection agents. One thing you can do to end those calls is send a certified letter telling them to stop calling you. They are obligated by law to stop and if they don’t, you can sue them for 3 times the amount of money you owe them plus any punitive damages the court will allow.

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September 15, 2007, 12:10 AM

Close, But No Banana

A Changed Man

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One of a proofreader’s tests for checking leading consistency in text heavy copy is turning it upside down and looking for uneven spacing or single characters that shouldn’t be there.
This works because it removes distractions. Right side up, one might be tempted to get involved with reading copy or enjoying the accompanying illustration. Call me crazy, but when I saw these two video captures next to each other, it sure looked like different people. If you ignore the window dressing and just concentrate on the frame, are they the same? I was wondering what some real experts in Photoshop thought. Post your comments and convince me it’s the same guy.

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