Susan Kirkland

A Few Thoughts on Fluid & Static Media

2009-11-17T18:32:01Z

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... Yes, it's lovely to touch a magnificent sheet of paper and not have to wait for downloads or link destinations, but static media cannot provide the depth and interaction of a fluid vehicle. True, you can run to the head with a magazine that does not require power or a network connection to deliver information. Your magazine won't provide live links to source material or offer links to more in-depth information available relating to the subject of interest either. Much like the arrival of television in a market dominated by radio, one will not replace the other; they will quietly co-exist. The importance of print will simply diminish.

Remember, though, the fluidity of electronic media can be detrimental in the wrong hands; it has no sense of place and nothing remains permanent which is very bad when a challenge emerges. Governments as well as commercial enterprise may change wording to suit their needs if misused language misconstrues offerings beyond original intent. This is okay for ease of correction, but it is not okay if you have expectations at delivery. A quick change here and there might make you question reality. Did I read that or dream that? Fluidity also isn't a good thing when the facts delivered are rules determining liability. If a contest develops, you have no proof unless you have a screen shot. Unlike orals, a written test provides static evidence that can safely be revisited without discreet, under-the-table revision. I wish I knew then what I know now.

With the shift in dominance comes a shift in power. The modality (Kindle, Mac, PC, Blackberry, printed book, newspaper) is simply a delivery method for material created by somebody just like you and me. Traditional print limited dispersal because a select few designated who was allowed to author. Online, authorship is open to everybody with access to a keyboard and it's up to the audience to decide what's rubbish. The drawback is, not everybody in the audience is capable of discernment; they believe everything they read or read only what they believe.

Print publications like Gourmet Magazine that have been around for years are disappearing because its market has moved online, mining a multitude of sources for the same information; information presented in a deeper, more fluid form and without the cost of a subscription. What does this mean to our industry? It means designers and artists will have more work and fewer restrictions in their access to the public; it means the big power shift will continue to affect the market and our ability to tap into it. We can finally determine our own depth or brevity, and whether we fall flat on our faces in private or public. Old-timey controls that worked in print no longer apply. The power groups who sit in their ivory towers determining who's hot and who's not are losing their audiences, forced to rely on things like vanity contests (with high dollar entry fees) to support both their dwindling incomes and creative content. As their ad revenues dwindle, their power to purchase content fades and their value in the marketplace is lost. Funny thing, not all of them have noticed the shift. Like typesetters in the late eighties, they cling to old attitudes that no longer apply in the "now" media that offers flexibility and fluidity.

"Now media" is new freedom for content producers and creatives everywhere, sort of a last frontier to produce without someone else controlling exposure or determining success. It isn't about who can afford to publish anymore; that big, irritating loss of control over content producers and profitable ad revenues; it's been taken away from the print bibles and we have real freedom now. Let's sit back and see what develops--more frontiers to explore and probably more adventures in wildly alien landscapes. Rock on.

Want a few more tidbits of advice from a seasoned designer? My second edition is ready and waiting for you at bookstores and Amazon; it's been updated and the resource guide has been completely revamped. Whether you are employed or freelancing, Start and Run a Creative Services Business will help you avoid the pitfalls of being a trusting creative in a dog-eat-dog world. I've shared mistakes and wild adventures both as an employee and freelance designer to help you avoid some of the pitfalls. I truly want you to succeed. My book prepares you for unscrupulous characters disguised as customers, vendors and professional peers and shows you how to protect yourself. You can read excerpts here and view my online portfolio, plus download my first promotional piece, Melon at the Plaza, NYC. Good luck and make great art!

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JOBS: Hiring & Firing in Design

2009-10-18T18:15:44Z

Part 1: Getting Hired & Staying HiredYour 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...]]> FIVE COMMON SENSE PRINCIPLES FOR GETTING HIRED

1. Be neat. If you appear disheveled when applying for the job, is it because you are 1) poorly organized, 2) not really enthused about the job, or 3) not worried about making a good impression? Your potential employer won't ask; they'll just write you off. All three of those things are important skills in keeping the job once you get it.

2. Be on time. If you are late to the interview, is it an indication of 1) not planning ahead and allowing enough time, 2) a bad case of too busy to pay attention to the time, or 3) applying personal relationship rules to business relationships by being fashionably late? Again, it's up to the interviewer's impression and prejudices, but they will choose one. And again, all of those things are deterrents to success in this field particularly when it comes to deadlines.

3. Be respectful. Even if your interviewer has a wart the size of Mount Everest on the end of his nose, he deserves your rapt attention. If you are completely laid back and slow to react during your interview, does it mean you are 1) not impressed with the opportunity at hand, 2) uncertain of how to answer questions, or 3) still enjoying the buzz from last night's party? Since your interviewer doesn't know for sure, perk up and show a bit of enthusiasm or accept whatever preconception they assign to your comportment. Pay attention, be cooperative, and don't be overly pushy; this is not American Idol.

4. Be honest. If you get the job and fail, is it because 1) you don't know how to do the work, 2) you lied about your qualifications, or 3) this isn't really your dream job and you aren't inspired? Every employer with a job avail wishes you wouldn't waste their time or yours by applying if you are not qualified. Don't use time and opportunity to satisfy third party demands like your Dad who paid your way through college. Apply only if you are genuinely interested in any given career opportunity.

5. Be prepared. If your presentation is poorly executed, is it because 1) you abhor public speaking and freeze up, 2) you're just bad at presentations, or 3) you haven't had time to organize and update your portfolio? Your portfolio and how you present it is a good indicator of how you will perform as an employee. Most creatives must show and explain their work; and know how to produce it. It's part of the job, so practice until you do it well.

Don't let your appearance interfere with your capability. As an employer, if you show up with lots of bizarre body piercings, extreme goth dress (or is that S&M? Never mind.), five inch finger nails, angular bangs that constantly poke you in the eye, or offensive body odor, you won't get the job. You won't get the job either if you wear too much fragrance. The precedent you set at the interview is the one employers expect you to deliver on a daily basis. These personal details distract both you and your coworkers from the work at hand. The art assistant or production assistant job is an apprenticeship that will teach you important things you didn't learn in school, including how to increase your keyboard speed and deal with the public. If you were fortunate to have instructors who ventured outside of academia, then you know some of those things; but trust me, you don't know them all.

Those of us who might hire you will be working harder than you and won't have time to babysit if you get the job. If you repeatedly cannot come in because you must care for your alcoholic husband, sick child, or pet raccoon, eventually we will be hard pressed to finish our work and yours; so we expect you to be reliable or expect you to be fired. The work world is not the kind embrace of your family or school. We expect you to carry your share of the work load and do it without whining or coddling.

We also expect you to follow through on assignments with a minimum of interruptions. Before you run to us with a ton of questions, try to figure things out for yourself. We appreciate people who work independently, use their brains, pay attention when assignments are made, and take notes. Ask your coworkers for help if you must , but don't bother the boss. Principals carry more of the work load than you because they are more experienced. Don't make them waste precious time holding your hand. When you become a distraction from our work, either because you need constant help or are disruptive to the work environment, expect to be fired. When it costs us more in time and effort to keep you on board than the money we pay you, expect to be fired. Remember there are thousands of well qualified graduates out there jockeying for your apprenticeship, hundreds of thousands if it is a paid apprenticeship.

When we lose a big client due to no fault of our own, or when the economy collapses, the most valuable workers will survive layoffs. In the arts, it's not a pecking order as in other businesses because the last one hired may be the biggest contributor either through work load or creative output. The creatives who hone their skills and out work their peers in sheer sweat will always survive the layoffs. You will enjoy your career as a designer more if you understand the laws of survival.

If you are fired, make sure it's for a good reason and not because the biggest client's son just graduated from college and needs a job. Your emotional brain needs the relief and future employers need to know that you are not a slacker. You can always improve your skills, but can't change insurmountable workplace politics, so don't fret about it. Every time I've been fired, it's always worked out for the best. And I've been fired more times than a potter's kiln; read about THAT here. Good luck.

PORTFOLIO: Part Two

2009-10-07T20:00:00Z

Think Like a LawyerMy 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... Can he sue me or stop me if I post the images that I shot? I was the photographer, but I had designers and stylists working with me and we all made the image as a team. Please, if possible, site your source for which ever way you answer. I have to also stress he is extremely litigious and slightly irrational.

ANSWER:

Since you did not sign a work for hire agreement (specifically labeled as such) and even if you did, frankly, you have a right to show proof of work experience. The rules for photography and art vary, but one thing your previous employer did was violate the law by withholding your last paycheck ransom--visit the Department of Labor online. You have cause for action right there, and should file a complaint. When they get done with him, I doubt if he'll have the spirit left to go after you.

Here's the perfect site for you; it has all the answers and after you join, they have a war chest to cover legal costs. How perfect is that?

This guy sounds like a nutter, so tread carefully, but remember he doesn't own you. Showing your previous work is something he can't prevent you from doing, just like an artist, since the court views past work the same as a resume and proof of experience. After the employment experts and corporate attorneys finish hashing their way through a court of law at someone's expense, I think they will all discover that you are "educating" prospective employers and potential clients by showing them your previous experience and professional ability. A resume alone just doesn't cut it in the arts.

The case I'm familiar with (filed sometime in 1979-80) is one I lived through; a company representative in Houston for a major photographic concern signed a non-compete agreement with her employer, but then took a job with a competitor just down the street. She prevailed, even though she was showing samples she had previously used to make sales (and how much input does an account executive have in slides and photography? Not much.). This is the same case where the judge ruled art & photography work, no matter what the circumstance, should be viewed the same as a resume and proof of experience. That's your key to freedom right there.

Regarding credit where credit is due: Credit all participants just like they do when a piece is entered in a design contest, just put your name first or gray out the other participants. Your intent is not to steal someone else's thunder, but to trumpet their skills as well as your own.

QUESTION:

But what if you are starting your own graphic design business? You cannot display work you did for an employer as your new company's artwork, right?

ANSWER:

Your previous employer doesn't own you. I believe (and again, I am not an attorney) that showing your previous work is something he can't prevent you from doing if you're in a creative field since the court views past work the same as a resume and proof of experience. Regarding your question about work being done for a previous employer: What happens when a piece is submitted to a design contest? All the participants are credited. You should do the same on your website.

Agency:
Client:
Copy:
Concept:
Art Direction:
Illustration:
Talent:

QUESTION:

I read your link to title VI Visual Arts Act and it clearly states at 602(B) that "works for hire" are not considered Visual Art under protection of the act. Likewise the second link reaffirms that "works for hire" aren't covered. In truth, your "drink ad" isn't fine art; it isn't protected under the acts you gave as links. Accordingly, the owners of the ad can complete a DMCA complaint and have it pulled from your ISP with little effort and no warning.

The only reasonable choice for an artist is to invest time on portfolio specific work, as unsolicited fine art, in order to publish it on a website. Or get the protection of a signed authorization from the client who paid for the work to include it in your portfolio.

Unlike you, I will state that I am not a lawyer, but I am an artist who has had a Flikr account deleted from a DMCA complaint. My client was a manufacturer for national retailers, so their legal department was looking for things to do to justify their jobs.

ANSWER:

You are right--under the definitions of copyright, something used for advertising is not considered visual art, but think about the contradiction if the work is viewed by the courts the same as a resume and proof of experience for a designer; the same courts who will uphold copyright law. I'm sorry to hear that you lost that battle; you shouldn't have. That precedent by the courts that past work (whether advertising in nature or fine art) is viewed the same as a resume--proof of ability and experience changes the rules. With that consideration, the DMCA filed against you should have been null and void provided you were using your previous work to find new work. I've said many times in this blog that I am not an attorney, but when it comes down to it, Copyright law will never trump Constitutional law when it comes to a person's right to work in the USA, especially when it's a case of "weights and measures." By that I mean, the corporation won't suffer much from you showing a work for hire piece in your portfolio, not nearly as much as you will if you are prevented from showing it for the narrow "pursuit of liberty" purposes of finding work.

Think like a lawyer for a moment; Are you violating the copyright law by showing work you created to the public, whether it's advertising or not? Copyright is intended to protect creators, not the people who hired them. Trademark is designed to protect commercial use of the intellectual property or symbol. But even after something is trademarked, it can still be viewed by the public without violating copyright. Isn't a portfolio showing a public viewing? In a bookstore, are you not publicly viewing a copyrighted work? What it comes down to is fair use; you are using past work to educate a potential employer or client about your abilities and experience. Some attorney will convince a corporate concern that he can argue otherwise, though, because that's how attorneys make a living.

I can't agree with you at all that work in a portfolio should be prepared specifically for that purpose. A designer must work with a client, a deadline, a budget and must follow through with production when working in print. And some of the same experience is required for web work. None of these job requirements are reflected in a prepared portfolio under your definition or a resume, for that matter.

QUESTION:

Excellent conversation. Thank you for making this available.

I recently received a job offer (from a growing consultancy, that wants to provide design services) that has a noncompete in it. My initial thought was, why not see if I can work it into a nonsolicit instead? But after reading this blog and posts, I get the impression that neither are really relevant, and are attempts by employers to "cover all possibilities" with no real benefit to the employee except a paycheck and the security of a job, but even then, what is that nowadays?

The noncompete doesn't allow me to pursue the employer's clients after termination (which I don't have a problem with that, as I know how hard it is to get your own clients), and also doesn't permit me to conduct ANY design freelance while with the employer that would compete with the employer; essentially all forms of graphic design. I need to bring in all opportunities that I have or that would come my way, whether past, present, or future to the company. However, I figure what I do on my time is my time, and if for some reason I were laid off/fired (which is common nowadays), having my own clients would help soften that blow.

In addition, I know that you can't run your own business without having clients. I don't know if I will ever do that myself, but I have always enjoyed a little freelance here and there. It's unsettling to be given such an unnecessary limitation and payment cap.

So, what response would you give to designers who are faced with this, especially in the context, where very likely, a designer won't receive a full-time job if the noncompete isn't signed? Maybe it really depends on a person's situation. The more desperate they are (especially in a trying economy like this one) the more this becomes a harder decision to make. And then you throw in wife, kids, bills, etc. and you have to

ask, is this a hill I'm willing to die on?

What would you do?

ANSWER:

When I see a situation like this, it indicates the employer believes the whole world is based on "every man for himself". That's just not true. People who work in a friendly, respectful atmosphere are more productive and less defensive, but not all cutthroats have learned this. In a way, they've shown you their cards; their "contract" is completely in their favor and I would suggest every decision they make will do the same. Does their contract say you may be fired with no notice? Or that there may be staff layoffs due to economic instability? Or perhaps that benefits will be cut without notice or replacement coverage after you've been with the company for 5 years? No, because they simply feel no obligation to offer that consideration because it shortchanges you, not them.

Who's looking out for you? I learned the hard way to advocate for myself because employers are mostly self-serving. So should you.

You are right about your free time being your own; you would be a fool to bring in business without receiving some "consideration". What consideration are they giving you for signing away your rights? I would ask "What's the consideration?" in a friendly way and see what they say. If they say a previous employee walked away with all their clients once and they use the agreement for protection, that's understandable. If it's an agreement used to control other professions (not design specific) then I think they are ignorant of what it takes to be a designer. More likely, the question about consideration will signal that you are informed of your rights under the law; a precedent has been set by the Washington State Supreme Court that consideration (something of value) must be realized by the person signing away their rights or the agreement is null and void.

Sign the agreement simply to get the job intending to abide by it if things work out. If you want to be a partner eventually, bring in lots of clients. If you don't see a future with the place after working there for a while and they aren't reciprocating with raises and other benefits, start finding your own clients just as a back up, and you will need a backup. Take care of yourself because these folks won't.

By the way, why are you showing your portfolio to people? Again, the bottom line is that you are showing your portfolio, whether virtual or actual, to educate your client or potential employer on your experience and abilities; clearly something that logically falls under fair use, because nobody is going to give you a job without proof of experience.

My second edition is ready and waiting for you at bookstores and Amazon; it's been updated and the resource guide has been completely revamped. Whether you are employed or freelancing, Start and Run a Creative Services Business will help you avoid the pitfalls of being a trusting creative in a dog-eat-dog world. I've shared all my mistakes and wild adventures both as an employee and as a freelance designer to help you avoid some of the pitfalls. My book prepares you for unscrupulous characters disguised as customers, vendors and professional peers and shows you how to protect yourself. You can read excerpts here and view my online portfolio, plus download my first promotional piece, Melon at the Plaza, NYC. Good luck and make great art!

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Web Theft: What to do!

2009-08-07T21:49:57Z

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... The antithesis of this is, of course, copying someone else's work. Should we have pity on the cretin who is too fearful to explore on his own and take the same risks we take in the normal course of our design day? Nah, go for the jugular. It's one thing to design an image and be well compensated for it, but stealing the work product of another is just pond scum behavior. Makes me want to grip the coward by the shoulders and shake, shake, shake while I chide them about doing their own thing and stop trying to do mine.

Jeff, the owner of Creative Armada, did a google search on his company name to see how he was doing with SEO. Shock and surprise when a relatively new company competing in the same industry popped up. They were using the name The Creative Armada with a very similar logo and feel to the website. Here are some steps you can take should you find yourself in the same position.

First, make sure your work predates the suspected theft. Then run the site pages through this site, which compares offending pages to the originals by highlighting the copied work. Make screen shots of the comparisons as proof. You can find the site owner through Whois or the Domain White Pages. Next, send a cease and desist letter and copy yourself and, if you have one, your attorney. Chilling effects has a collection of cease and desist letters from various law firms, including such gems with cloaked daggers like this:

"This letter is intended to secure your voluntary agreement to cease from violating [insert your name] intellectual property rights."

Catch that word voluntary? You are giving them an opportunity to voluntarily remove the reputation soiling, equity diminishing version of your work before you totally take them to the cleaners. It's a good idea to include a list of things you will pursue if the offender does not remove the pirated version of your work within the time limit (per the DCMA: notify his ISP of plagiarism, notify Google and request the site no longer be indexed, etc.). If you don't set a time limit (e.g. 48 hours), you will have no recourse against the excuse of "I just haven't had the time." The devil is in the details.

Check back when the deadline arrives. If they have not complied with your request by the deadline you set, take the following actions in the order of your choice. First, and probably the most enjoyable part of your revenge, is publicity. An act of theft deserves the very best publicity. Pirated Sites advertises online thieves. Then contact their hosting company. Hosting companies can be a party to copyright infringement lawsuits, so they will pay attention. You can use Google's DCMA takedown provision to ask the ISP hosting the site in violation to remove offending content. Here's Google's description of how to submit a request.

Google will respond with:

"It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office web Site, http://lcweb.loc.gov/copyright/) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity . . . " and then they will tell you how to proceed.

If, after doing all this, your thief continues to use the work, you may need to contact an attorney. Most offer a free initial consultation. Before you do, if you think you will wind up in court, file a federal copyright."Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin." This document has a very good overview.

Another useful resource is this site on plagiarism. Take a look when you're not doing cold calls, which I know you are making every time you have down time, right? I would like to note that many of these tips are from some very Wise Women that I know who spend their lives making fantastic websites.

And finally, here's a real life story of what happens when you follow through (it's also a good example of how designers should take the opportunity to educate the general population on these fine points):

Many years ago, one of my clients was getting heavy traffic on her small site. Looking at site stats, I saw heavy linkage to one of her illustrations. It turned out that a teacher in middle school was using an illustration for one of her teacher pages by direct linking. I changed the illustration to a new name, then sent an email to the school supervisor, explaining that this was theft, and asked for compensation for server usage and if my client wished, copyright infringement. This had been going on for years.

They asked how much we wanted. I told the school district that server consumption was an added issue and I wanted to see a token payment paid thru a public voucher so the school board would see it on the books. The amount wasn't important, but the education quotient on web theft for teachers was priceless. I wanted them to learn about how the internet really works, what copyright infringement is, and what it means to link to a server to enable the use of another person's images/work.

They were prompt on their response. I received a token payment of $100, the amount of which bypassed their petty cash and went on the public books; then they sent me their updated policy manuals including a schedule of classes for teachers to learn how it all works.

It wasn't the nominal $100 that pleased me. It was that this school district took real action about something they obviously didn't consider, the teachers learned, and then passed it on to students. A win-win for everyone.

Thanks to Patrice Olivier-Wilson for sharing that so we can all learn from her experience.

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PORTFOLIO: What's yours is NOT theirs.

2009-06-23T17:09:00Z

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... As a designer, you will encounter confidentiality agreements and non-compete agreements. Confidentiality agreements are common when dealing with new products or inventions and big agencies like NASA or the Department of Defense--read them and make sure you agree to the terms. Cross out what you don't like and initial it, but don't be overzealous because you will lose the work (just like you can tell a customer who will be more trouble than he's worth, they can tell the same about a contractor). I have my share of nice jobs I can't display because they are governed by confidentiality agreements with various agencies (see page 80 of my book Start and Run a Creative Services Business for more information on doing business with the government for both USA and Canadian business).

Non-compete agreements are dogs that won't hunt. They are a lot of puff and smoke and play on your worst fears--don't let them. Of course your employer doesn't want you to show your work because once you're gone, he's got to find someone else who can do the same work or risk losing the client. Why is he powerless? Because the law views an artist's portfolio the same as a resume; proof of job experience and evidence of work done. Here in the free enterprise system, it's a BIG no-no to interfere with someone making a living, even if the work was done under a work for hire agreement. Here's an interesting conversation between a couple of suits desperate to get "the talent" to sign a non-compete agreement before he walks out the door.

In the state of Washington, the law was recently clarified. Now, a non-compete agreement in that state must show "a consideration" for the party signing the non-compete. In other words, there must be some benefit for the person who agrees not to compete in the same industry. The laws vary from state to state. But again, as an artist and designer, there's that leeway; the rule of law does not apply to showing your work to get more work. The term "my intellectual property" applies to everything you create even when you sell some of the rights to someone who wants to use or display it. If you sell a painting and the buyer damages it while it's in his/her care; you can get a court order to retrieve the work of art and they will have to pay to have it restored. Then you get to keep it if the court so rules.

When I first started out, I had worked at a place for 3 years when the owner approached the sales staff, photographers and designers to make us sign a non-compete agreement. I refused and so did one other guy--both of us were art directors and top dogs. Arf. What happened? Absolutely nothing because we were the talent they couldn't live without. About a year later, one of the sales staff was sued for breach of her non-compete agreement when she took a job with the competition a few blocks away. She won on the grounds that 1) she wasn't calling on her previous employer's clients and, 2) her employer was not allowed to prevent her from using her previous experience for monetary gain even though she was selling in the same industry. The bottom line is everybody is entitled to make a living.

My advice to anyone who is being threatened by a previous employer, a past client or a work for hire arrangement; send a short, polite note that the court views your portfolio the same as a resume and that it provides proof of experience to potential clients. Don't even toy with the idea of removing that piece from your portfolio. I am not an attorney, but I've been there and done that in living color and real life. Honest.

My Second Edition is out, updated and with an extended resource guide. Whether you are employed or freelancing, Start and Run a Creative Services Business will help you avoid the pitfalls of being a trusting creative in a dog-eat-dog world. I've shared all my mistakes and wild adventures both as an employee and as a freelance designer to help you avoid some of the pitfalls. My book prepares you for some of the unscrupulous characters you will meet disguised as customers and vendors and how to protect yourself. And you don't want to miss the chapter 9 Sure Signs You're Not Getting Paid. You can read excerpts here and view my online portfolio, plus download my first promotional piece, Melon at the Plaza, NYC. Good luck and make great art.

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Fair Use, Copyright and Theft of Idea

2009-02-18T21:46:46Z

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...
The same battle has entered the courts regarding a poster of Barack Obama; please note that the original photograph is used here with permission. The now famous version of photographer Mannie Garcia's shot of Barack Obama was used by copyist Shepard Fairey to create the HOPE poster. Garcia sold some usage rights to the Associated Press (AP), and they have filed a suit against Fairey. Unless Garcia signed away his rights on a specifically labeled Work for Hire contract, he retains all of the rights to ownership of that photograph. Mr. Fairey contends using that photographer's work constitutes fair use and has filed a countersuit against AP; but he has no grounds to stand on unless permission was granted and rights were transferred. No permission was granted, and soon Fairey must share all of his earnings with Garcia once the lawyers take their cut and the courts decide an issue they should eschew. Couple that attrition with Fairey's demand that his work receive all the protection allowed under authorship and copyright laws granted to a work of art and you have in a nut shell why you must always ask permission to use someone else's work product. Play it safe and do the right thing. Dennis Meyler, a professional photographer and visual artist in his own right, suggests we apply the "Fairey style" as often as we like (on photography we own, naturally) courtesy of Paste Magazine.

It's up to the art community to finally distinguish between expert technique and expert art because if we continue to allow the uneducated lawyers and judges to make these determinations, no telling who will win what based on aberrant precedents set today. Mannie Garcia should prevail in this instance; as it was his capture of the moment, his determination that it was a shot worth having and his action, energy and intellect that determined the work product. All Fairey did was see something good created by someone else and appropriate it.

I have written before about my awe and admiration for a young artist in my freshman year of art college who faithfully reproduced her college ID; and the subsequent lesson I learned from my painting teacher at the time, Dennis Drummond. There is no art involved in photographically transferring an image through mechanical means to the brain, down the arm and onto canvas if one carefully eradicates any influence that journey has on the resultant creative product. That's a person pretending to be a camera; using good technique and completely setting creativity aside. No, Mr. Fairey did not transfer his emotions simply by applying color to Mr. Garcia's image; and neither does the application of the word HOPE. In fact, the addition of the word hope testifies to the work's impotence, as true art must communicate without verbiage. The very act of resisting personal impressions in transferring the image to canvas is the elimination of art from the process; art is, after all, the only effective method of communicating pure human emotion. A photographic reproduction of something, though awesome in example of perfected technique, is not art.

We are such a loose community and into our own thing that we ignore the label of artist applied to those who create no art, like an art director I worked with who meticulously reproduced the Beatles posters in The White Album in pen and ink pointillism. You can act as a camera, but you are not creating art. The only conclusion under the law is your work is not art and does not merit original works protection under the law. Unfortunately, these issues are not decided by artists. They are routinely decided by lawyers and judges; or patrons and aristocracy on boards and panels—none of whom possess the necessary passion or education to distinguish between art and a nicely cobbled pair of shoes. So those of you who are expert artists, step forward and let's hear your voice in support of the issues at hand.

The Fair Use Project files on behalf of Fairey

Ready to freelance? Whether it's because you were recently laid off or retired; or simply because you finally want to spend your days doing something you love, you'll need more than just computer skills and a degree. There are a multitude of buried mines and knowing in advance what to expect is key to succeeding in the sometimes cutthroat small business climate of today. Start and Run a Creative Services Business is everything I learned over 25+ years of being in the business and a new second edition is just off the press. You'll especially enjoy "9 Sure Signs You're Not Getting Paid" and "Scoundrels and Scalawags, Pirahnahs and Barracudas" which covers all the things even seasoned pros can't see coming. The second edition is updated to include a whole new set of Online Resources useful to any creative professional who is self-employed.

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Health Insurance for FREELANCERS

2008-09-27T20:47:44Z

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...]]> A client, who also happened to be a nurse, took pity on me; actually, I think she was more interested in getting her projects completed. She got me in to see a well known back doctor who examined my films. "Yes, I think I can help you . . . in fact, I can relieve that pain in less than five minutes, but not today. You come and see me when you have health insurance." He patted me on the back as he pushed me out of his office, bent over, limping, tears in my eyes from the pain shooting down my right leg to my toes.

Eventually, I felt like shooting myself the pain was so intense; and relentless. I think it's the relentless part that drives people with chronic pain nuts. Eventually, I went to the public hospital and waited for more than twelve hours to see a doctor. During that time, an orderly demanded my gurney because he needed it for a more serious injury until I promised to lay on the floor if he took it. As they wheeled me up to the ward to see the doctor, a young white orderly leaned over me and said, "What are YOU doing here? You need to get a job!" It's a pompous twit who believes 1) only people of color don't have healthcare, and 2) people are poor because they are too lazy to work.

If you can spare yourself these economic inequities, here are some important tips about finding employee benefits for yourself. If worse comes to worse and you don't have enough regular work to support a health plan, free clinics still exist. Find a clinic in your area by typing in your address. In most cases, clinics are free or charge a small fee, sometimes on a sliding scale. You may not get the help you need, but chances are they will be able to refer you to someone who can help. Community based organizations have vast connections in all areas of human need. Don't be proud.

While we wait for the politicians to bail out their rich lobbyist friends who got greedy when placing bets in the financial markets, the push for a national health insurance will falter, so take care of yourself. It's pretty hard to find a deal, but I've located some good places to start looking. Naturally, it's a handy thing to use a 'bot to drag in prices from various sources; don't get comfortable with the information they yield; sometimes they only source prices from vendors who pay to be included in their search. That's why the progress-oriented insurance company online advertises the lowest car insurance rates yet their comparison shopping doesn't include Geico, that caveman-cute company with the lizard spokesman with products hundreds of dollars cheaper. Here's some bot sites to get you started, but read the rest of my advice first.

First, decide what's most important to you. If you want to keep costs low and are relatively young and healthy, choose coverage with a low monthly payment and a high deductible. Or just buy major medical; you'll want just enough to cover you in case of emergencies. If you want a plan that reduces the cost of doctor's visits, prescriptions, and has a low deductible, don't be shocked at the cost. You will get more complete coverage with a stable company like Humana, who also offer codicils (little things they attach to bigger things like vision and dental). That can be a handy thing if you have a sweet tooth like me.

Here are a few places to start looking; take some time to sit down and appraise your needs, your family's needs and existing conditions or potential hereditary diseases. Remember that prices are limited by legislation, so determining factors like deductibles and coverage limits will be key to finding a monthly payment you can live with. A good thing is that all health care costs are 100% deductible on your income taxes, so it's not all bad. You don't have to make any more bad investments to have a decent tax write-off (you fat cat, you). Remember, if the monthly cost is too good to be true, you've either got a super high deductible or the coverage is extremely limited. Pay close attention to what's covered and what's not; especially pre-existing conditions or stuff hidden in your genes. You might not have it yet, but if Mom and Dad both had it, chances are good that it's in your future, too.

Here are a few ways to keep costs down:

If you don't go to the doctor more than once a year, consider carrying only major medical for emergencies.
Check with design trade and professional associations to see if they have a group plan. Even joining a group like the National Business Association of America will help provide group rates around $500 per month for a family of 4 with $10 co-pays. Rates will be lower and coverage will be guaranteed on pre-existing conditions if you are part of a group. Now here's something an AIGA membership should offer our community, but doesn't.
Shop online. Insurance companies pay fewer broker fees when you deal direct.
Find out if you're eligible to use a medical savings account (MSA). The Health Insurance Portability and Accountability Act (HIPAA) makes certain allowances for the self-employed. This let's you enjoy benefits from a higher deductible insurance policy (with reduced premiums) and use pre-tax dollars to pay for expenses up to your deductible limit.

If you can't find health insurance because of a pre-existing condition, the HIPAA may help you obtain it. Here's a link that will help you find out if you live in one of 34 states who have some form of risk pool. You can also find additional information here.

If worse comes to worse and you find yourself in a hospital emergency room without insurance, remember (even if they don't) that you are a human being and have some inherent God-given rights to your dignity. Spit back if necessary, but don't give up your gurney. Enjoy firsthand how people behave when working purely for material gain in a profession titled caregiver. You can recognize them by the big brick of resentment clinging to their weasel-like backs. You can't see it, though, if you have health insurance, because money makes them smile like prostitutes on a wet night. Ask me how I feel about it.

I'm not going to add a plug for my book because I'm currently doing a second edition that will contain an updated resource guide and assorted other goodies. I'll let you know when it's out. Thanks for reading, and if you want to hear me talk the talk of the walk I walk, well, there's my podcast at Douglas Eby's fantastic site Talent Development Resources Site. If nothing else, you'll get a good laugh. Don't harp at me about cliches--visually oriented people need them because words are never as succinct as visuals.

Economic Chaos & FREELANCE

2008-05-14T16:14:26Z

Look for the trickle down affect to start hitting smaller businesses that are still managing to make a profit. This week more than 3 airlines filed bankruptcy based solely on fuel prices. I picture Bush and Cheney sitting with fishing poles over an enlarging worm hole named "big oil" sucking up trains, planes and automobiles and a way of life. George giggles, points and says, "Oh, look. There goes another airline." Companies in almost every industry started twisting and turning within the confines of the law to cover losses due to the growing cost of doing business; that's true for freelancing as well. Every business is affected by the rising cost of fuel, and I'm sure you will join me in weeping for the people at Exxon who were saddened by their measly $10.89 Billion in profits this quarter—they didn't even meet Wall Street's expectations, oh boo-hoo. From shipments of raw materials to delivery of the finished product, the cost of doing business in an oil driven economy is pushing the creative limits of operations managers worldwide. And what about public companies that answer to their new task masters—no, not the shareholders. The financial analysts on Wall Street are the powermongers who drive the price of commodities and goods beyond the reach of the average guy. Operations managers must find ways to meet Wall Street analysts' predictions or lose that precious BUY recommendation. Companies have changed their first priority from making customers happy to satisfying Wall Street. If we did that in design, the industry would collapse. And when a publicly traded company cannot squeeze profits from narrowing margins, what then? Then they reduce the quality of the product which would be career suicide in design. Maybe they quietly make that roll of toilet paper with fewer sheets or remove five tenths of a mil from the thickness of your plastic garbage bag; but the price remains the same. Companies do this to stay within the analysts predictions for the next quarter; when there's nothing left to cut, cut quality and maintain price. When there's no where else to squeeze, investment bankers make the ever so gentle suggestion that operating costs need to be reduced. Lay off those workers, shift operating expenses whenever possible to another department, company or cause. Shift the cost of doing business to the customer; like the power company adds fuel costs to your bill each month. Hey, let's cut back on customer service. Lose customer service in a freelance situation and you might as well kiss the customer goodbye.

Business may be rolling along briskly and one day, a regular client starts slow paying, or word gets out another client laid off a few employees. They still present a smiling face because of pride or optimism. But eventually, no matter how solid your business relationships are, the slowdown will reach your bank account. What should you do?

Reduce your overhead, just like the big boys in the corporate world.

1. Cancel cable or satellite TV; you watch too much TV as it is. Listen to the radio instead.
2. Stop buying newspapers and magazines; you can read most online for free. The library has Communication Arts Magazine, for heaven's sake. Oh, you like to collect them? You're going to die naked, so give it up.
3. Turn lights off when you leave the room. Turn the computer off when you stop work.
4. Stop eating out; and forget that $4 cup of coffee. Remember grocery stores are designed to make you spend more than you want to. Shop the outside perimeter only (produce, meats, dairy and bread) dipping into the aisles for one or two items. Shop with a list that you stick to and, lose that pride, use coupons. Heart disease and weight gain became more prevalent as we became richer; use rice and/or beans to make meat and poultry last longer like our grandparents did. You'll be healthier and your food bill will be lower.
5. Delay buying the new car, especially if the one you have is paid off. Buy a bicycle instead.
6. Make those $300 shoes last another season; and don't spend so much next time. Try switching your need for status from buying great stuff to creating great stuff. Make your status depend on your own great works instead of someone else's.
7. Get rid of your land line if you have a mobile phone.
8. Combine car trips so when you leave the house, you make all the stops you need for a while; whenever it's more efficient, use a messenger or priority mail. The postal service not only provides all the packaging, but in major cities, they offer free pickup. AND they have a flat rate envelope, plus 2 flat rate boxes. If online merchants took advantage of that service, we would all be paying less for shipping.
9. Reduce your thermostat in winter and raise it in summer. Put on or take off some clothes. Save energy; cuddle.
10. Resist buying the latest thing; you don't need it and spending money now on anything less than a necessity is folly when you don't know what the economic future holds.
11. Cold call like your life depends on it; a month down the road, it just might.
12. If you're not hurting for business and you think this list is nonsense, take all the money you might save on this little list of sacrifices and give it to the poor. Learn to live on less and put your disposable income to good works.

If you fall behind on paying supplier bills, don't hermit out and stop talking. Call them up and explain the situation. If you are a long time customer, chances are they will value your good working relationship more than they want to destroy it over money owed. If they don't care and say they will be knocking on your door at midnight to collect, then learn something about who you want to work with in the future. For those who turn hostile, make regular monthly payments. They can sue you, but the judge will almost always throw it out if you are making an effort. I hope none of you ever reach that point, but be prepared if you do. There are 2 or 3 chapters in my book outlining a detailed plan of action to help you survive economic chaos and you can buy a used copy at Amazon. Great if you never need it; but then you probably aren't taking any risks. Risk is where it's at, especially on Wall Street.

After a slowdown; the most important thing you can do is persist in calling on new customers. It isn't how hard you fall that's important in the long run. It's how fast you get back up and start dancing again.

Got questions about freelancing? Tired of working for someone else and doing the boss' castoffs? Better get some good advice on how to protect yourself from those who would pillage and plunder your creative talents. I wrote the book I needed when I first started out in advertising design to keep you from making some of the same mistakes. Start and Run a Creative Services Business. It's filled with a full spectrum of my experiences over 25 years. Not an artist? You'll be in stitches as you follow the pitfalls and adventures of self-employment. And if you've been freelancing for a while, you'll find new information and a trustworthy mentor to stand by your side through thick and thin in Start and Run a Creative Services Business. Excerpts are available online at my website.

Technorati terms: Big Oil Takes All, Freelance in Tough Times, Creative Economics, Owned By Oil

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Sex, Women, Men & QUESTIONS

2008-04-01T16:00:00Z

A few years back, an organizer at an advertising seminar said the reason it was so difficult to find women speakers was that there weren't many qualified women in advertising. He complained about women in the work place; training them and how they leave to make babies, as if we did it to ourselves. Women were unreliable, he said, they lacked commitment to the job. Now, here's an idea on applying that double standard: Maybe we need to rethink men in the workplace since they can't seem to keep it zipped. Or maybe, even better, we need to remember that we're all human beings and fallible as well as equal. You've heard about Elliot Spitzer, ex-Governor of New York, exposed in some of the same activities he used to prosecute others. I wonder which one of the bad boys he prosecuted set him up. He spent $80,000 at the Emperor's Club and couldn't hop a plane to Vegas where it's legal? New York Magazine has him on the cover with an arrow pointing to his crotch, labeled "brain" probably because the guys who wrote the article were jealous—that woman Spitzer hooked up with was drop dead gorgeous. Anyone might consider switch hitting. The magazine asked several art directors to provide visual interpretations of Spitzer's week; but only one out of ten was a woman in the entire city of New York. What, only men can illustrate the feeling of losing everything in one fell swoop? I don't think so.

Sex as an issue is everywhere, but more so, here in America. Hey, I like sex; but privately. And I'd like you to have it privately, too, at home, in a hotel or in your car or plane and always on your own time. After hours, peachy; but on the clock, who's doing your job? That faux pas at the office; the locked door, the tousled clothing when the door is finally opened, the illicit partner hiding behind the open door, the slow-to-assemble-excuse for the delay in opening the door. Spare me—yes, fix your hair and straighten that tie. Politicians in particular should behave mindful of the attorney's rule, avoid any hint of impropriety at all costs. Recently there's been far too much of it; still a senator Craig; a guy who voted so far right his neck is permanently cricked, voting against everything remotely connected to alternative lifestyles, reaching out to touch someone in the men's room of a major airport. If you read the transcript of his arrest interview, the hedge is evident. It isn't that he's gay, picking up people in public places or that he's a senator; the question inevitably rises—how clear is his thinking in areas pertinent to his job in the United States Senate if he can't see how obvious his sideway maneuvering was during his arrest? All that denial and cloudy judgement probably isn't compartmentalized and might leak into legislative judgement (oh, no, that's right, lobbyists write legislation). There was Senator Strom Thurmond, someone who fought against anything that advanced people of color for years, who admitted in his will that, yes, indeed, he had fathered a child with one of his black servants. Good enough to feck* but not good enough to reap the benefits of white people—interesting but antiquated concept. Congressman Fry and his inappropriate emails to young congressional aids smacks of pedophilia, and this week, perjury by the mayor of Detroit and his young assistant in order to hide a clandestine affair. Oh, and that guy campaigning for his wife now, Bill Clinton; he did not have sexual relations with that woman, remember? Uh-huh, just another orgasmic conversation in the hall with a full mouth.

A few years back, an organizer at an advertising seminar said the reason it was so difficult to find women speakers was that there weren't many qualified women in advertising. He complained about women in the work place; training them and how they leave to make babies, as if we did it to ourselves. Women were unreliable, he said, they lacked commitment to the job. Now, here's an idea on applying that double standard: Maybe we need to rethink men in the workplace since they can't seem to keep it zipped. Or maybe, even better, we need to remember that we're all human beings and fallible as well as equal.

*Feck is the polite substitute provided by the excellent writers of Father Ted, a good laugh.

Technorati terms: Scandalous Sex, Women & Men, Creative Beefcake, Sex and the Job

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Closing Incompletes

2008-01-01T21:18:34Z

For an illustrator, his parameters are within that one illustration. Unlike a designer, an illustrator limits his perspective, concentrating on composition, color and technique. But unlike a designer, when his illustration is finished, well, everything else is simple support. To an illustrator, the final piece is simply a pole for the flag; ah, the illustration. My distant friend Fred sent me a pop-up Christmas card this year. My other friend, Scott the printer, described it as "production costs to die for" done by someone who uses the high priced spread. There was a note on the back from Fred noting the "drop the ball" feeling present from the uninvolved front of the card to the burst inside. My potter friend said, "What's up with that?" What's up with that is that a very good illustrator created that card. He focused on the interplay of the pop-up, the mechanics, the shapes and the colors. And then he stopped. I think each job has imaginary parameters we put in place, determined by our definition of our place. For an illustrator, his parameters are within that one illustration. Unlike a designer, an illustrator limits his perspective, concentrating on composition, color and technique. But unlike a designer, when his illustration is finished, well, everything else is simple support. To an illustrator, the final piece is simply a pole for the flag; ah, the illustration. It's a valid viewpoint, but probably not one appreciated by the audience or a designer. Job parameters are best controlled by an art director or creative director whose job it is to bring all the elements together to support the whole. If you are freelancing, keep in mind that you must step back and act as overseer with responsibilities beyond a single point of view. Commercial illustration is just one element of a concept that must support a client's intent. Thinking outside the box means different things to different people. Simply pushing artistic technique and applying all the plug-ins may not be enough to qualify for the "outside the box" label in the field of design.

Too many jobs have bits and pieces thrown together as an afterthought, and that earns an industry incomplete. A professional job is a resolved job. It takes time, sometimes too much time, to find the solution when you're just starting out. When the job is done, viewers will feel it works, and so will you, because resolution is the most important aspect of design work, not just aesthetics. If it looks good but doesn't work, well, the work is not done. You're not finished. When presented with an opportunity to close the gap between complete and incomplete, both in your work and life, seize the moment and become the resolution. It's all about making things work—making things better.

Happy Green New Year and may it draw closer to more peace and less pestilence.

Technorati terms: Resolutions And Your Work, Holiday Freelance Aesthetics, Freelance, Self-Employed

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LAWS of Authorship

2007-12-01T18:03:59Z

Confusion sets in when one applies the rules of photography or illustration to design. They are very different by definition and one of the steps of registering a creative work is definition. Trust me; if you have trouble defining the parameters of your work as far as ownership, you’ll have just as much trouble defining it on all the forms you’ll need to file a copyright, trademark or patent. Having a clear understanding of the differences between copyright, trademark and patent is important—not only to protect ourselves, but our clients, too. From time to time, forum participants have declared that they have lease agreements with their clients for logos they designed (say what?), that Nike leases its logo from the designer (aw, go on), that on-line logo services are restricting some usage rights (the special Frank Zappa “no foolin’?”). They want to know how much to increase their design fees if a print run is over or under a certain quantity. They ask what wording is used to transfer certain usage rights when they design a website. None of these questions would be asked if everyone selling design services had a clear understanding of the nature of copyright and fair use.

Confusion sets in when one applies the rules of photography or illustration to design. They are very different by definition and one of the steps of registering a creative work is definition. Trust me; if you have trouble defining the parameters of your work as far as ownership, you’ll have just as much trouble defining it on all the forms you’ll need to file a copyright, trademark or patent.

When you create a work of art, you are automatically protected by the laws of authorship. Whether a painting, an illustration, a play or a clay pot, no one can own it but you. Now, if someone buys that item from you, then they own the rights to live with it and display it—but they don't own IT and may not alter or destroy it. In fact, if they endanger it in any way, the law says it must be restored and returned to the original artist. This applies whether you file any paperwork or not. It’s automatic; the only thing you have to do is identify yourself as the artist and that’s probably why it’s a good idea to sign your work if you are a fine artist.

The difference between fine and commercial art is that very signature: fine artists put their name on the work, commercial artists get their name on the check. Commercial art involves an assignment from the client which constitutes an understanding that you are designing something specific to that client; custom fees for custom design. Designers who work on the cheap need cheezy schemes to bring in the cash; it’s like a Pay-Me-Less tennis shoe store selling shoes for $5 with a per game usage fee extended for the life of the shoe.

When a photographer shoots a picture, unless he is working under a “work for hire” contract that defines his work product as property of his employer, he owns what he shoots. He may transfer some usage rights or he may sell the thing outright; the difference is the price will rise as the rights increase. When an illustrator receives an assignment from a client, the fee will rise if the illustrator transfers all usage rights to the client, or if he wants to retain some rights so he can sell the illustration again as stock art or if he wants to retain the original. Few clients I know will go to the trouble of hiring an illustrator to do a custom job if they aren’t going to be the exclusive owner of the usage rights. That’s why illustration is expensive.

When you buy a stock photograph, the agency will ask you how many impressions you will make. If you only need 100 brochures, the stock photo will cost less because you are getting less usage. If your run is over 5M, you will pay more because more people are seeing the image on behalf of your cause. The risk, which is inherent in figuring the value of a stock photo versus paying for a custom photo shoot, is that you might see the same photo on a competitor’s sales piece. Why isn’t it the same when you design a brochure? Because you cannot own the elements and their arrangement, and that’s all a layout is. After a finite number of people copyrighted their designs, there would be no more design. Who owns text set nine over ten, flush left, rag right, and positioned in the lower left corner of a page? Can’t be done. Copyrighting graphic design would mean someone owned an idea or way of doing things. The trouble, as well as the basis for understanding, comes in the definition of parameters.

Logos are expensive endeavors. Custom anything is more expensive, but when you sit down with a designer and discuss your mission statement, your customer base, your product line and your target market; all of that time figures into the cost of identity development. It would be unethical of a designer to take the product of all that input and resell it later—and that’s part of the intrinsic value of a custom logo and why you cannot retain any of the rights. No one is going to hire you to design something that time intensive if they don’t end up owning it. Think about it. After the identity is complete and the bill has been paid, the client can register his new logo with the Trademark office; but you can not copyright it because it was commissioned with the intent of identifying someone else’s business.

Technorati terms: Buying A Logo, Protecting Your Work, Copyright, Trademark OR Patent, Owning Original Art

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IOU: What To Do When the Chips are Down

2007-10-20T17:00:52Z

Almost everyone who is self-employed will face a time when they can’t pay the bills. (Don’t pat yourself on the back if you haven’t taken any risks) The hard part is to avoid wasting time debasing yourself over what you should have done or could’ve done to avoid the trauma of empty bank account syndrome. Hard times show what you’re made of; so use your creative advantage when dealing with the shortfall. Suits in ivory towers who purport to know all the answers about the world used to mystify me. You don’t have to be in a think tank or institution of higher learning to know that when the price of fuel goes up, everything that uses fuel in it’s production, transportation or storage will go up. Add Wall Street’s pressure on corporations to minimize operation costs (a.k.a. the cost of doing business) and the price of everything will double overnight. All those monthly reports of negative inflation were jolly juice to keep the masses happy. How robust is our economy when growth is one tenth of one percent (that's one tenth of one one-hundredth for the math impaired)?

Almost everyone who is self-employed will face a time when they can’t pay the bills. (Don’t pat yourself on the back if you haven’t taken any risks) The hard part is to avoid wasting time debasing yourself over what you should have done or could’ve done to avoid the trauma of empty bank account syndrome. Hard times show what you’re made of; so use your creative advantage when dealing with the shortfall. One of the first freelance assignments I had was an illustration for a designer who was pressed to pay. See that guy standing in the clearing in the woods? He included it with his regular, small payments to remind them he was making an effort.

People in the collection industry are not above tricking you either. I know a guy who bought a new car, returned it to the dealer two years later because he couldn’t sell it to keep from losing it. The car company had given away so many incentives, he owed more than the car was worth. Seven years later, the car company is still plaguing him with collection efforts even though the statute of limitations has long expired. Why? Well, if they can get him to feel responsible and agree he owes the money, the statute restarts as if he bought the car yesterday. Don’t fall for it. No one can legally collect a debt after the statute of limitations runs out; that varies from state to state, so google it. And guess what—anything older than 6 months on your credit record (except for bankruptcy) must be removed at your written request because it's no longer accurate.

Remember the throng of ads for cashing in on the equity in your house? That was right before the Credit card lobby got Congress to rewrite the bankruptcy law in their favor. Credit cards are unsecured, making them pretty much uncollectable; but if they can convince you to shift that debt into the equity of your house, hey, why not! They prefer you to be homeless to their taking a loss on a profit bigger than the national deficit. Oh, yes, I know, you owe the money and it’s your duty to pay it back—do the right thing. Are those interest rates right (fair and equitable compounded daily)? Until the common man has the same power the lobbyists wield when legislation is written, right and wrong won’t apply. If you are making the minimum monthly payment on all those credit cards, you are already in deep doo-doo.

One final note; don’t lose hope. Everybody has ups and downs, but not everybody shows it. That competitor who drives the Jag that you find so intimidating might still live at home. Make those cold calls, stay in touch with your industry connections, and business will reappear. The worst thing you can do is dig a hole and crawl into it—though that may be your gut reaction. Call your suppliers and see if you can work out an arrangement. Sometimes, they need design work or have clients who do. Big printers are usually willing to work out a trade when a regular customer gets in over his head. If worse comes to worse, remember that many successful people including Mark Twain, Walt Disney, Francis Ford Coppola, Frank Lloyd Wright and even the "you're fired" guy all filed bankruptcy; so what. I know it's hard when you're a designer, art directing the perfection of your life; but remember that you're not here to get by unscathed. You're here to learn, grow, get beat up a little and see what kind of fabulous lines you can sculpt into that face to show where you've been and what you've learned. Rock on.

Thinking of freelancing for a living? Tired of doing the boss' castoffs? Better get some good advice on how to protect yourself from those who would pillage and plunder your creative talents. Look for more stories and adventures in advertising design in my book Start and Run a Creative Services Business. It's filled with great links and a full spectrum of experiences. Not an artist? You'll be in stitches as you follow the pitfalls and adventures of self-employment. And if you've been freelancing for a while, you'll find new information and a trustworthy mentor to stand by your side through thick and thin in Start and Run a Creative Services Business. Excerpts are available online at my website.

Technorati terms: Can't Pay, Dealing With Collections, IOU: What To Do, Buried In Debt

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Close, But No Banana

2007-09-15T04:10:29Z

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. Turning these pictures upside down helps—as does using the measuring tool in Photoshop. I don’t know about you, but I question whether dying somebody’s hair automatically changes their nose; or for that matter, their hairline. Hairlines are supposed to be just like fingerprints. They are distinctive and if you focus on his facial hair, there’s a hairline there, too, which varies considerably below the chin and around the cheeks (more notable because trimming one’s beard is a big no-no in that culture). I suppose it could be male pattern chin balding. Maybe he just held his head over the cosmetologists dye pan too long and it broadened the flat plane of his forehead. The browline sits differently from face to face, too, so I suspect though it is a good likeness, matching bone structure might be too difficult.

Then there’s that gangster lip that hangs slightly lower on the right (our left) side of his mouth. No, don’t tell me; he chews tobacco or favors tucking a pinch of snuff just under his gum line on that side. Maybe those are spitoons and not latrines at the Hard Rock Cavé he’s been staying at in Pakistan’s tribal region. That’s got to be a hard life; so I wonder how it is he has the very same backdrop and outfit perfectly preserved over a period of rough living for three years; when I get done with a photoshoot, the backdrop is fingerprinted, ripping in at the edges and covered with footprints; ready to be pitched.

What do YOU think?

Technorati terms: Osama Bin Laden's TWIN, Miracles of Photoshop, Dye Job or Plastic Surgery?, Finding Bin Laden

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Marketing 4Ps: Extended to 7 for SERVICE

2007-09-10T21:04:59Z

PEOPLE are part of the marketing methodology—everyone associated with the production and delivery of the service plays an integral part in the success of their business. Whether you manage the process, create or package the product, deliver the final proofs or simply answer the phone, the weakest link might sink a service business. So, mind your humanity.]]> People

The Booms and Bitner Journal expanded McCarthy’s marketing strategy tool in 1981 to include the service industry, services like design. Part of the success equation in any service industry is PEOPLE. A rude waiter at a posh restaurant can ruin an expensive meal; just as an incorrectly burned DVD is an inconvenience and delay to what might have been an otherwise successfully completed job. For that matter, your knowledge base as a designer also plays a part in the quality of service you deliver. PEOPLE are part of the marketing methodology—everyone associated with the production and delivery of the service plays an integral part in the success of their business. Whether you manage the process, create or package the product, deliver the final proofs or simply answer the phone, the weakest link might sink a service business. So, mind your humanity.

Process

Like printers who cling to antiquated stripping procedures, registering negs on sheets of goldenrod, there are still a few typesetters clinging to the fantasy that people will abandon their computers and straggle back to professional typesetting. These kamikaze dreamers have stifled their own business growth by ignoring technological changes; and that’s where PROCESS comes in. If you're still sitting at a drawing table with your exacto and a wax machine, creating keylines with your rapidiograph and charging your client for the long hours you spend while the rest of the competition produces more perfect jobs on a computer, you are not paying attention to PROCESS. In widget manufacturing, they came up with the ISO9000 standards so manufacturers can measure and improve processes, keeping up with new technologies in their particular industry. In our service industry, procedures like client conferences, initial roughs and print dummies will always be used to control the PROCESS. No matter how much technology changes our tools, we will still submit final proofs to clients for approval and signature. It’s a proven PROCESS that clearly delineates liability.

Physical Evidence

In case you haven’t heard, that D.C. judge who sued his cleaners for $56 million for losing his pants—he’s filed an appeal in spite of being brought before the Bar Association. You can spot a dry cleaner by the traffic—cleaning being dropped off and picked up, equipment you see and hear, and by his reputation. There is PHYSICAL EVIDENCE that he has the capacity to provide the service. Your tangible evidence is a portfolio filled with samples of work and maybe a list of references from previous clients. All that computer equipment and high-end design software is also tangible, physical evidence that you can provide a service. Equipment alone is no guarantee, though, as we all know a few people who bought the equipment and studied the software manuals without having a lick of design expertise. The intangible part of Physical Evidence is the experience of your existing customers, their level of satisfaction, and your ability to relay that satisfaction to potential clients. Yes, it's true that a good line of bullshit will help you find new clients and build a rigorous business in spite of all other factors. Unfortunately, intangible BS coupled with tangible equipment still won’t help you deliver that intangible client satisfaction required to be a success in the design field. As any woman will tell you, a tool is just a tool, even if it is a charming one. Knowing how to use the tool is the single determining factor in achieving satisfaction. Any questions?

For more details on marketing methodology, refer to the graphics.com archives:

Product
Position
Price
Promotion
People
Process
Physical Evidence

Technorati terms: Marketing Methodology, Extended Marketing in Service, Freelance Marketing tips, Overcome In-house Marketing

Artists & War

2007-07-26T23:23:25Z

Congress quietly gave itself another $3000 raise; I still haven’t recovered from hearing Senator Orrin Hatch (R-Utah) justify his $140,000 salary (plus a myriad of manicures, haircuts, healthcare benefits, and a pension that would make a working man blush) by saying his job was the same as the Chief Executive Officer of a corporation; and we all know how most Americans view the exorbitant salaries of CEOs. Looking down from such a lofty perch, the rift is growing between the working class and Washington D.C.’s ruling class. Speaker Nancy Pelosi says she thinks the American public is losing faith in Congress because of the war. She’s right, we are tired of the war. But more importantly, we are tired of Congress taking care of itself before it takes care of more pressing concerns like the homeless, the hungry, the high costs of education, the rising price of energy, the nearly impossible costs of healthcare in addition to the burden of sending their future—their sons and daughters—to face sudden death in a foreign land. Congress quietly gave itself another $3000 raise; I still haven’t recovered from hearing Senator Orrin Hatch (R-Utah) justify his $140,000 salary (plus a myriad of manicures, haircuts, healthcare benefits, and a pension that would make a working man blush) by saying his job was the same as the Chief Executive Officer of a corporation; and we all know how most Americans view the exorbitant salaries of CEOs. Looking down from such a lofty perch, the rift is growing between the working class and Washington D.C.’s ruling class.

I am a patriot, and firmly believe in our democracy. But lately, I wonder if the people entrusted to fulfill our Founding Father’s intentions are more concerned with lining their own pockets than working on our behalf ( a close look at the delay involving the Net Neutrality legislation tells an interesting story about lobbyists filling politician's coffers). More often than I care to count, Senators and Representatives appear on the news saying, “I’m grateful for the votes of my constituents and promise to do what I think is right when I get to Washington.” Unfortunately, that’s not their prime directive. Our representatives are elected and sent to Washington to represent the views and opinions of the people in their constituency; not to do what he or she thinks is right. When congressmen and women forget this very important duty, they forget the fiber of the country’s weave. They forget the founders fled an overburdening tax in the presence of under representation in Great Britain’s government. Representation is key and without it, government becomes parasitic.

The recent widespread Tribal Casino & lobbyist scandal, the Representative from Lousiana filmed taking cash bribes who was found with $80,000 in his freezer, the quiet, almost secretive raises for Congress, the stories of fighting men without proper gear, the piss-poor healthcare facilities and services for returning vets, the lack of follow-through after Katrina devastated the Gulf Coast, an Attorney General with a short term memory problem rivaling a pothead, and the fact that only millionaires can run for President are all reasons the American public has had it with the ruling class. So, no, Nancy Pelosi, it’s not just the war. It’s bigger than that.

The sad thing is whether it’s Democratic, Republican, Independent or Libertarian—inserting a new set of elected officials into a corrupt and complacent system probably won’t create change. Just like in painting, we all need to step back and get a good look at the big picture. Like they say in painting class, everything can change.

*Quotation courtesy of Douglas Eby and his excellent site,
Talent Development Resources, that nurtures creatives.

Thinking of freelancing for a living? Tired of doing the boss' castoffs? Better get some good advice on how to protect yourself from those who would rape and plunder your creative talents. Look for more stories and adventures in advertising design in my book Start and Run a Creative Services Business. It's filled with great links and a full spectrum of experiences. Not an artist? You'll be in stitches as you follow the pitfalls and adventures of self-employment. And if you've been freelancing for a while, you'll find new information and a trustworthy mentor to stand by your side through thick and thin in Start and Run a Creative Services Business. Excerpts are available online at my website.

Technorati terms: Pelosi Mourns Lack of Faith, Artists and War, Changing Political Landscapes, Picasso's Guernica

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