Illustration: an overview

Illustrators are graphic artists. They create images in various styles, destined for a wide range of markets. Most illustrators are independent artists who have their own studios and who serve several clients. In this, they are different from wage-earning artists who work only for the organization which employs them. Some illustrators hire an agent who promotes their services among potential clients. However, most illustrators promote and advertise their own work. Illustrators use several techniques to produce images. To control the quality of the image in its final printed form, the illustrator must be familiar with the various techniques used to reproduce his works - especially printing methods and colour separation techniques. In preparing and creating his works, the illustrator turns to several types of reference sources for inspiration: press clippings, photographs and art books.

Copyrights and the original of an illustration are two distinct types of properties. Reproduction rights may be negotiated for limited use. In the latter case, costs are based on common parameters such as the deadlines involved, general costs, the complexity of the style, the projected use of the illustration and its target market. The original is sold separately from the copyright; otherwise, it remains the property of the illustrator. Usually, the client buys only the reproduction rights he requires for his publication or for his advertising campaign. The artist may resell reproduction rights for the same illustration to other clients, provided the latter are not competitors of the initial client and provided resale does not affect the initial client’s market potential. It is advisable, at all times, to negotiate only those rights related to each client’s projected use of an illustration.

Code of Ethics

1. The artist or his agent should negotiate only with persons duly authorized to represent the client.

2. All orders should be confirmed in writing, to the artist or his agent. The artist will be held to the fulfilment of his obligations only as of receipt of a copy of the contract. The said contract must include: :
   The name of the company or of the individual to whom the artist grants reproduction rights.
   A detailed reproduction authorization including the title of the work, its description, the media in which the work will be reproduced, number of copies of the reproduction, authorization period, data on the territory within which circulation of the reproduction is permitted, whether or not the reproduction authorization is transferable to third parties. Ownership rights on the original work.
   The artist’s remuneration and terms of payment.
   If the work is to be published, the period of time over which the purchaser must report to the artist on the use of the illustration described in the contract so that other payments stipulated in the contract may be determined (example: the artist’s percentage on sales).
   The signature of both parties, on both copies of the contract.

3. The artist should have sketches approved and signed by the client before proceeding with final production of the illustration.
   Any modification stemming from a change of mind on the part of the client (as opposed to an error on the part of the artist or his agent) should be invoiced to the purchaser as additional charges.

4. The client should not pay additional charges stemming from corrections attributable to the artist. Only charges authorized in the agreement can be invoiced.

5. The client should never modify an image without the artist’s consent. When time limitations permit and when the quality of the artist’s work is not called into question, the artist must be given the option of himself carrying out any changes required.

6. The artist must inform the client of any delays in the delivery of the works under order. If the artist fails to deliver them within a reasonable time limit, if he goes beyond set deadlines or if the work delivered does not meet the terms set in the contract, the client may breach his contract with artist and is released from any financial obligation toward him.

7. All projects interrupted by a client during their execution should be delivered immediately and an invoice should be issued to cover the cost of work carried out to that point and to cover any expenses incurred. In the case of a project which is interrupted after and artist has produced the final work, the client must respect the terms of the contract and must pay all costs originally agreed upon. In such cases, the client must return originals to the artist unless the contract includes a transfer of ownership of original works.

8. Clients should never ask an artist to work free of charge in exchange for the promise of future remunerative contracts.
   The original of a work produced by an artist (sketch, illustration, etc.) remains his property unless he has yielded ownership under a specific clause or in a separate contract.
   Clients should never ask an artist to carry out a project without a contract drawn up in due form, as described in Section 2.

9. Illustration contests set up for commercial purposes constitute an abusive practice given the uncertainty and speculation inherent in their nature.

10. The artist and his agent should never offer discounts, gratuities or bonuses to the client’s representative in exchange for confirmation of an order. Conversely, the purchaser should never solicit tips, premiums or personal recompenses in exchange for a favourable decision.

11. As soon as it is produced, the work and its copyrights belong to the artist.

12. The original work and its copyrights are two distinct types of properties, both belonging to the artist. He may negotiate them separately. The contract must also stipulate separately what is to become of originals, on the one hand, and of copyrights, on the other.

13. Should an artist sell only part of his copyrights, only the rights required by the client should be negotiated. All other copyrights not specified in the contract remain the property of the artist.

14. If the artist grants permission for limited use of a work, should the client use it on a broader scale, he must pay the artist an additional sum proportionate to that use.

15. A work created under the terms of a sales contract should not be considered nor remunerated in light of conditions prevailing for work carried out by an employee.

16. If the client wishes to use sketches, photographs or other preliminary documents previously owned or specially created by the artist in the course of completing his work, the client must cover commensurate additional costs.

17. Should an artist be hired to carry out research or produce preliminary sketches for a work whose final execution will be entrusted to another artist, the client must advise the first artist that such is the case and this fact should be mentioned in the contract. Similarly, if the client wishes to purchase sketches, reference photographs or other preliminary documents belonging to a given artist with a view to having a final work produced by a second artist, he must stipulate so in the sales contract.

18. The publisher of a work of art must publish the artist’s name along with the reproduction unless the artist has yielded his copyrights under a written contract and in exchange for payment.

19. The client must negotiate and finalize an agreement with the artist before removing the artist’s signature from a work.

20. An original work should never be plagiarized.

21. Should an artist be asked to work under such short deadlines that he is forced to work at hours deemed extraordinary, additional costs must be negotiated.

22. When an artist uses the services of an agent to represent him on a limited basis or exclusively, both parties must negotiate and sign the formal contract to protect their mutual interests. When an artist designates an agent, a studio or a production company as his exclusive representative, he agrees to refuse orders from other representatives. The artist will not permit any other representative to present his works to clients.

23. All works or promotional items used by the agent to represent an artist must bear the artist’s name. Neither the artist nor the agent may claim credit for a work produced by a second artist.

24. When his representation contract expires, the agent must return all presentation material to the artist.

25. When an exclusive representation contract expires, the agent retains for a six-month period his right to a commission on all orders already obtained on behalf of the artist. In the case of limited representation contracts, the agent retains for a six-month period his right to a commission on orders he has negotiated.

26. Works or reproductions entrusted to an agent or loaned to a potential client remain the property of the artist. Reproduction should be forbidden without the artist’s consent. Works and reproductions belonging to the artist should be promptly returned after use and should be in good condition.

27. Illustration Québec ethics committee holds the exclusive right to interpret this code of ethics. Only the Association’s general assembly is empowered to amend the code.

Good Relations Among Illustrators

1. When two artists are consulted by the same client or are asked to quote on the same project, they should not exchange information and should remain thoroughly discreet.

2. When in the presence of a client, an artist should never tarnish the reputation of fellow artists.

3. Should he hire a colleague to assist in the realization of a work, the artist will negotiate and sign a contract detailing ownership of the work and its copyrights.

4. An artist should never include the works of others in his representation portfolio. This practice may lead to expulsion from Illustration Québec

5. The artist should refrain from working at rates lower than those prescribed in the rate guide published by Illustration Québec

6. No artist should agree to touch up or modify the work of one of his colleagues without that colleague’s prior consent.

7. Any member who wishes to present a grievance regarding Illustration Québec should directly contact the board of directors and should refrain from expressing defamatory views.

8. All members of the Association should show respect for fellow artists, regardless of their sector of activity.

9. No artist should harm the Association’s reputation by using Illustration Québec’s name to support positions or opinions which are strictly personal.

Financial Equity

It is false to claim that an artist may deduct from his taxable income the total market value of a work donated to a charitable organization. The artist may deduct only costs, mainly the cost of materials used to produce the work. However, this does not hold true for clients who purchase and artist’s work and subsequently donate it to a charitable organization. In the latter case, the client may deduct from his taxable income the entire market value of the work, as indicated on the official invoice for the work.

Under current tax laws, artists have the following alternatives: keeping their originals or selling them to private collectors. In both cases, however, the public is prevented from enjoying them.

Professional artists are making increased use of computer graphics and synthesized images. Works produced with these technologies are originally placed in electronic files which can be reproduced easily, simply by transferring them between two magnetic or optical disks. Files can easily be stored in electronic image banks or transferred through telecommunication networks. This new type of artwork makes it more difficult than ever to verify copyrights. Current laws and regulations must be revised to tighten the application of copyrights on synthesized images. Moreover, modern technology should counter potential harm done to artists and should develop effective techniques for encryption and electronic control. If measures are taken to make it a reliable and accessible medium, computer graphics has the potential to contribute significantly to society. In as much as these conditions are met, through computer graphics and synthesized images, artists will reach new heights in creativity and social communication.

Illustration Québec is firmly opposed to the practice of speculative presentation, when an artist is asked to produce an illustration without knowing if he will be remunerated accordingly. No client should ask an artist to produce a work without signing a contract or a purchase order detailing the object of the order and the costs involved. It is unethical for a client to ask an artist to create a work without agreeing to remunerate him. It is also unprofessional for a client to reserve the right to hold back remuneration based on discretionary motives or other reasons other that breach of contract as defined in Illustration Québec code of ethics. The abusive practice of speculative orders includes orders where remuneration depends on whether or not a reproduction is published, on an indefinable criterion or on the sole discretion of the client. In the area of copyrights on a sponsored work, the client must consent to provide and advance on final payment so that the artist may meet his own needs and may meet the financial obligations involved in producing the work.

Advertising Illustration

Advertising illustrators are graphic artist whose work consists of illustrating products, services or business concepts in the context of advertising campaigns. These illustrators work in cooperation with advertising agency personnel: artistic directors, advertising managers, copywriters and creative directors. Agencies choose advertising illustrators whose style is best suited to the advertising campaign in question. Sometimes the illustrator bases his illustrations on a sketch provided by the agency and approved by the client. The terms of production and rates involved are usually negotiated by the illustrator or his agent and the purchaser assigned by the agency.

The nature of the creative process involved in advertising illustration justifies higher rates. Often the advertising illustrator must work under very short deadlines and must demonstrate high-level talent and performance. He is frequently asked to make last-minute changes and modifications. These modifications are part of the usual process given the fact that the illustrator must meet the requirements of several individuals with a variety of opinions, both within the agency and within the client’s organization. Rates are negotiated strictly based on use, with a supplement related to complexity for style, deadlines, sale of residual rights and transfer of rights.

Agreements should be negotiated in compliance with the following rules:

1. Purchase orders should be used only to meet the client’s administrative needs, for example: to provide the accounting department with the terms of the transaction entered into with the artist. Under no circumstances should the purchase order be substituted for a contract in due form, as described in Section 2 of the code of ethics.

2. Usually, the sale involves only the right to one-time reproduction, unless clauses to the contrary are included in the contract.

3. Before using the work in ways other that those described in the contract, the client must renegotiate rates with the artist. No rate structure exists for copyrights related to subsequent use. Theoretically, if the work is put to broader use than that described in the initial contract, royalties should be higher as well.

4. When negotiating the rights to the reuse of a work, the illustrator should be diligent and respectful of his client.

5. Unless an agreement to the contrary has been reached, the original work should automatically be returned to the artist after it has been used as stipulated.

6. The cost of a work is determined by how it is used. If the advertising campaign is aimed at a large market or if the client acquires all reproduction rights, the cost is much higher than if use is limited to a local market or a clearly defined territory.

7. The shorter deadlines are, the higher the cost should be. When working under short deadlines, overtime charges should be applied.

8. Should he refuse a work in its final form, the client must nevertheless compensate the artist. Compensation is negotiable. It should be equal to at least 50% of the total amount agreed upon in the contract. Compensation may vary depending on the motive for refusal and the degree of complexity involved in the work. If the work is rejected during its early stages, compensation is usually equivalent to one-third of the cost initially stipulated. When drafts of the final work have been executed quickly and when they are not detailed, this amount may be reduced. For more refined drafts, compensation may be higher.

9. If the client cancels an order for reasons unrelated to the artist’s performance, the artist has a right to compensation. The amount is based on the stage at which the project is cancelled.

10. Work carried out on speculation runs contrary to the standard practices prevailing in the profession. It also runs contrary to the professional standards set by the ethics committee.

11. Illustration Québec is firmly opposed to service work for hire.

12. All charges related to the production of a work should be invoiced separately. These charges include travel expenses, consulting fees, production costs and other expenses related to design, production and copyrights. These costs should be covered in a clause included in the initial contract or in an amendment to the contract.