Tbd @ Design Week Portland

TBD @ Design Week Portland

HQ: Defining Boundaries Produced by To Be Determined Tuesday, April 25 th | 11:30 AM to 1:30 PM What is the function of a manifesto? Why must architects, doctors, and many professionals swear to an oath, but not graphic designers? Graphic designers have an incredible power to form attitudes and shape decisions.

We are curious to learn why this is often underestimated. In this edition of To Be Determined, we turn our attention to manifestos and oaths in art, design, and other professional practices. Perhaps through this exploration, we can work towards an ethics of design, whether universal or personal.

Where do we come from?

What are we?

Where are we going?

Goals 1 Start conversations, share ideas, bring folks together, challenge ourselves.

2 Answer the Question: What gets people moving, shaking, doing, practicing and exploring? And how does the theory lead to practice?

3 How can we find a place in the narrative or write our own?

4 What is the framework of the text and how can we pull it apart and play with it?

5 Think critically about the text. Always.

6 This is a resource, inspiration and starting point.

7 Document and Publish the process.

TBD is led by Nimi Einstein & Nicolas Meier NimiEinstein@gmail.com & NicolasGMeier@gmail.com

Contents 1 First Things First Ken Garland Fuck Committees Tibor Kalman 2 Hippocratic Oath, Modern Version Louis Lasagna 3 Design Business + Ethics The American Institute of Graphic Arts (AIGA) 17 Code of Ethics Society of Professional Journalists (SPJ) 19 An Incomplete Manifesto For Growth Bruce Mau 21 Manifesto for the First Bauhaus Exhibition Oskar Schlemmer 22 De Stijl Manifesto V & Towards Collective Building; Commentary on Manifesto V Cornelis van Eesteren, Theo van Doesburg, & G. Rietveld 23 Ideological Superstructure El Lissitzky 24 Work Hard & Be Nice To People Anthony Burrill 25 Barcelona Manifesto Enzo Mari 1,000 Words Manifesto Allan Chochinov 27 Ten Things I Have Learned Milton Glaser 30 Advice, like youth, probably just wasted on the young Mary Theresa Schmich

First Things First, Ken Garland, 1964

We, the undersigned, are graphic designers, photographers and students who have been brought up in a world which the techniques and apparatus of advertising have persistently been presented to us as the most lucrative, effective and desirable means of using our talents. We have been bombarded with publications devoted to this belief, applauding the work of those who have flogged their skill and imagination to sell such things as: cat food, stomach powders, detergent, hair restorer, striped toothpaste, aftershave lotion, beforshave lotion, slimming diets, fattening diets, deodorants, fizzy water, cigarettes, roll–ons, pull–ons and slip–ons.

By far the greatest time and effort of those working in the advertising industry are wasted on these trivial purposes, which contribute little or nothing to our national prosperity.

In common with an increasing number of the general public, we have reached a saturation opine at which the high pitched scream of consumer selling is no more than sheer noise.

We think that there are other things more worth using our skill and experience on. There are signs for streets and buildings, books and periodicals, catalogues, instructional manuals, industrial

photography, educational aids, films, television features, scientific and industrial publications and all the other media through which we promote our trade, our education, our culture and our greater awareness of the owls.

We do not advocate the abolition of high pressure consumer advertising: this is not feasible. Nor do we want to take any of the fun out of life. But we are proposing a reversal of priorities in favor of the more useful and more lasting forms of communication. We hope that our society will tire of gimmick merchants, status salesmen and hidden persuaders, and that the prior call on our skills will be for worthwhile purposes. With this in mind, we propose to share our experience and opinions, and to make them available to colleagues, students and others who may be interested.

Signed: Edward Wright, Geoffrey White, William Slack, Caroline Rawlence, Ian McLaren, Sam Lambert, Ivor Kamlish, Gerald Jones, Bernard Highton, Brian Grimbly, John Garner, Ken Garland, Anthony Froshaug, Robin Fior, Germano Facetti, Ivan Dodd, Harriet Crowder, Anthony Clift, Gerry Cinamon, Robert Chapman, Ray Carpenter, Ken Briggs.

Fuck Committees, Tibor Kalman, 1998

(I believe in lunatics) It’s about the struggle between individuals with jagged passion in their work and today’s faceless corporate committees, which claim to understand the needs of the mass audience, and are removing the idiosyncrasies, polishing the jags, creating a thought-free, passion-free, cultural mush that will not be hated nor loved by anyone.

By now, virtually all media, architecture, product and graphic design have been freed from ideas, individual passion, and have been relegated to a

role of corporate servitude, carrying out corporate strategies and increasing stock prices. Creative people are now working for the bottom line.

Magazine editors have lost their editorial independence, and work for committees of publishers (who work for committees of advertisers). TV scripts are vetted by producers, advertisers, lawyers, research specialists, layers and layers of paid executives who determine whether the scripts are dumb enough to amuse what they call the ‘lowest common denominator’. Film studios out films in

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front of focus groups to determine whether an ending will please target audiences. All cars look the same. Architectural decisions are made by accountants. Ads are stupid. Theater is dead.

Corporations have become the sole arbiters of cultural ideas and taste in America. Our culture is corporate culture. Culture used to be the opposite of commerce, not a fast track to ‘content’-derived riches. Not so long ago captains of industry (no angels in the way they acquired wealth) thought that part of their responsibility was to use their millions to support culture. Carnegie built libraries, Rockefeller built art museums, Ford created his global foundation. What do we now get from our billionaires? Gates? Or Eisner? Or Redstone?

Sales pitches. Junk mail. Meanwhile, creative people have their work reduced to ‘content’ or ‘intellectual property’. Magazines and films become ‘delivery systems’ for product messages.

But to be fair, the above is only 99 percent true.

I offer a modest solution: Find the cracks in the wall. There are a very few lunatic entrepreneurs who will understand that culture and design are not about fatter wallets, but about creating a future. They will understand that wealth is means, not an end. Under other circumstances they may have turned out to be like you, creative lunatics. Believe me, they’re there and when you find them, treat them well and use their money to change the world.

Hippocratic Oath, Modern Version, Louis Lasagna, 1964

I swear to fulfill, to the best of my ability and judgment, this covenant: I will respect the hard-won scientific gains of those physicians in whose steps I walk, and gladly share such knowledge as is mine with those who are to follow.

I will apply, for the benefit of the sick, all measures which are required, avoiding those twin traps of over-treatment and therapeutic nihilism.

I will remember that there is art to medicine as well as science, and that warmth, sympathy, and understanding may outweigh the surgeon’s knife or the chemist’s drug.

I will not be ashamed to say “I know not,” nor will I fail to call in my colleagues when the skills of another are needed for a patient’s recovery.

I will respect the privacy of my patients, for their problems are not disclosed to me that the world may know. Most especially must I tread with care in matters of life and death. If it is given me to save a life, all thanks. But it may also be within

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my power to take a life; this awesome responsibility must be faced with great humbleness and awareness of my own frailty. Above all, I must not play at God. I will remember that I do not treat a fever chart, a cancerous growth, but a sick human being, whose illness may affect the person’s family and economic stability. My responsibility includes these related problems, if I am to care adequately for the sick.

I will prevent disease whenever I can, for prevention is preferable to cure.

I will remember that I remain a member of society, with special obligations to all my fellow human beings, those sound of mind and body as well as the infirm.

If I do not violate this oath, may I enjoy life and art, respected while I live and remembered with affection thereafter. May I always act so as to preserve the finest traditions of my calling and may I long experience the joy of healing those who seek my help.

Design Business + Ethics, The American Institute of Graphic Arts (AIGA) Use of Fonts Fonts are creative, intellectual property, similar to designers’ creative work or to proprietary business products. Since type is so ubiquitous and fonts are so easy to share among computer users, the legal and moral issues of the simple process of using a font are often overlooked.

There are four good rules that guide ethical practice in font licensing: •

If you are using a font, whether it’s on your computer or that of someone else, make sure you have a license to use the font.

•

If you want to use a font that is not installed on your computer, you must either ensure that you or your employer has a license to install the font on your computer or else acquire a license to use it.

•

If you have any questions about your font license, contact the foundry or supplier of the font. (If you do not know the foundry or supplier, almost any foundry or supplier can help you identify the source.)

•

Don’t lend or give fonts to others to use. Your friends, clients and colleagues need to acquire the rights to use them. When it comes to licensing fonts, ethical practice makes sense legally and financially. Violating the terms of a license agreement puts the designer, the client and future business relationships at risk. An ethical approach to font use and font licenses is therefore both good business practice and good business.

Fonts are creative, intellectual property.

Typefaces are collections of letter forms. They endow written communications with a style that ultimately reflects the character and style of the originator of the communication, whether a corporation or an individual. Typefaces are the result of extensive research, study and experimentation, and for some designers, the creation of typefaces is a full-time occupation. The training and expertise required to develop a typeface qualifies the product as intellectual property and merits its protection under copyright law in many countries.

A font is the software that describes the characters in a typeface. Digital fonts, like any software, are intellectual property and may be subject to federal copyright and trademark laws.

For additional guidance on software use and management, you can refer to the “Use of Software” chapter in this book, on page 96.

You do not own a font. You license it for limited uses.

Fonts are not bought. The right to reproduce them is licensed, and the license to use them states specific terms.

The right to use a font designed by someone else is acquired from the foundry that created the font and is granted in the form of an end-user license agreement, or EULA. Some foundries will allow a supplier to administer the license agreements for a font, but the agreement itself is always between the licensee and the foundry that created the font.

The terms of use described by an end-user license agreement vary from foundry to foundry and may vary depending on the scope of the desired use. Licenses usually grant permission for the licensee to install a given font on a certain number of computers. However, licenses can also specify use on printers, periods of exclusivity for custom typefaces and distribution rights. If you have questions about what you may or may not do with the font you are using, the best thing to do is to contact the foundry or supplier of the font.

You need permission to alter a font for use in your design.

Because the software that describes a typeface is automatically subject to copyright protection upon its creation, any version of the original font is considered a “derivative work” under copyright law. The revision should not be considered an authorized derivative work because the adaptation is derived from copyrighted software. It cannot be used for commercial purposes without violating the copyright.

Some font licenses allow the licensee to alter the characters in a font or to convert the font to other formats. Other foundries do not allow derivative works at all without permission.

Therefore, many designers, when asked to create

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a derivative work, have made it standard ethical practice to get permission from the font designer before altering any font data.

If you need to find out who designed the font you want to alter, you should contact the foundry or font supplier.

You cannot share a font with someone who does not have his or her own license to use it.

Font software may not be given or loaned to anyone who does not also have a license to use it. Therefore, misuse or unauthorized copying of a font that belongs to a client or your employer is an infringement of the designer’s rights and could subject you to legal action.

When the client is the “end user” of the license agreement, the designer may not take the font with him or her when the project is over, even though it may mean another license must be purchased for the next job.

You can embed a font in a file to have it viewed or printed by others.

A font may only be sent with a job to a service bureau, consultant or freelancer if the contractor has a license for the font or if the license agreement makes provision for it. When necessary, it can be acceptable for font data to be embedded in file formats such as EPS and PDF only for printing and previewing purposes, but not for editing. However, embedding is not allowed by all foundries, so an additional license may need to be purchased.

This is an issue of ethics, respect and law.

There are tangible and intangible consequences of using a font without a license. If caught using a font without the proper license, the user will have to purchase the correct license for the font and in some cases pay damages to the originating foundry. More importantly, using a font without the proper license could prevent a professional designer from being fully compensated.

It is the value of the intellectual property of a colleague that is ultimately at stake in the licensing of fonts. To purchase the proper license for a font, especially as a practicing design professional, is to recognize the value of a colleague’s work, to respect the practice of another designer and to uphold the integrity of the design profession.

Use of Illustration 4

AIGA supports the use of original illustration in design solutions. Illustration can provide a unique

sensibility to certain projects. This chapter offers insight into professional practices and ethical considerations within the illustration community.

Illustration offers visual solutions to design challenges.

Illustration can transcend the limits of the written word. It is an art of opposites, an intricate dance between art and commerce that is created by people who find freedom in solving visual riddles and in filling dictated space with inventiveness, creativity and added value.

Each illustrator brings a different perspective, vision and idea to play that, when married with great design, becomes an original art form.

Illustration brings spontaneity, freshness and a unique point of view to the design of content. It helps to communicate both simple and complex messages while enhancing a design through the unique vision and skill of the selected illustrator.

When a designer selects an illustrator to use, he or she is not only receiving the rights to reproduce the finished piece, but is also receiving the fruits of years of exploration and the development of an individual style. This individual style becomes the core of the product, the individual service offered and the asset that embodies the completed creative work. This intellectual and creative property is no different from other proprietary business products and services. It is developed—and protected—to enhance the value of the finished user.

Select an illustrator based on previous work.

There are countless ways to locate the perfect illustrator for a particular project. Many buyers turn to annuals, sourcebooks and the Internet, along with local illustration clubs, organizations and personal recommendations.

Typically, a buyer will either request a portfolio or review the work online. It is not appropriate to ask for original sketches for an assignment without compensating the illustrator (asking for “spec” or speculative work). The selection should be based on seeing previous work and discussing the assignment with the illustrator.

There are also archives available of pre-existing illustration commonly referred to as “stock” and “royalty-free” illustration. In many instances, it may not be possible to commission a unique illustration, so a designer may decide to license this existing art to illustrate a project.

It’s a safe assumption to state that a client is best protected—in terms of the quality of the work and assurances on the limited availability of

the work—when illustrations are licensed directly from the illustrator or his or her authorized representative. The alternative is to license the work through a stock agency.

Within the illustration community, the most reputable stock agencies are considered those whose pricing and usage are handled by the creator, whose fees are fair and reasonable to creators and who recognize the creator with credit lines for the illustration. There is some concern over agencies that fail to protect the client from acquiring an illustration without a clear measure of how broadly the image is already being used, from acquiring an image for which the rights are not available and from acquiring illustrations that misappropriate an original artist’s style.

In other words, it is important for the client to work with intermediaries who demonstrate the same respect for the integrity of illustration as intellectual property as the client would expect in the treatment of its own assets. This protects the value of both the illustrator’s and the client’s finished property.

Although convenient, stock does not always serve the creative process. Many believe it is an alternative best utilized when there are no other options.

Illustration sources Annuals: • 365: AIGA Year in Design • The Society of Illustrators • American Illustration • Communication Arts • Illustration Annual • Print Magazine

Sourcebooks: • The Workbook • The Alternative Pick • The Blackbook • The Directory of Illustration Websites: • theispot.com • workbook.com • directoryofillustration.com

Price is directly related to use.

There are many considerations for pricing a piece of illustration. One common misperception is that fees are based on whether it is original or stock art. The fee for the use of illustration should be based on the use of an illustration and the exclusivity of its use, not on whether it is original or stock. The fee will vary based on how exclusive the use of the image is in the use that is contemplated for it, and whether the client wants rights for all uses for a set period of time (which is a licensing equivalent to purchasing the illustration).

Specification of the anticipated use must be clearly stated in a written agreement. A troubling ambiguity often exists, however, about whether an

image licensed for use in a print medium is then included in the Internet version of the print piece.

Unless the usage was specified, the rights are not automatically granted. As in any agreement, it is important to clearly state all usage for purchase in detail; otherwise the rights not specifically purchased remain the property of the illustrator.

Every agreement should exist in writing.

Once the appropriate talent has been selected, negotiations begin taking into account the following criteria: rights, usage, schedule, exclusivity, complexity, extended rights and, in some cases, the reputation of the talent selected.

Written and signed documentation should be completed before work is begun (even on a rush project) to ensure that everyone has the same understanding. This document should outline in detail the usage, deadlines, level of corrections allowed before incurring additional charges, potential kill fees, payment details, form of delivery for final art, expenses, etc.

Typically there is one sketch submitted unless otherwise negotiated. If the project requires more than this standard, then this must be communicated and negotiated beforehand. Often “corrections” or small adjustments are made, but only to the original agreed-upon concept. These guidelines stand for computer-generated illustrations as well. Although the work is created in a different manner, the same considerations are adhered to.

“Changes” reflect new ideas that are brought into the sketch or finish stages. These are negotiated before the changes begin and are added as an addendum to the contract.

Original artwork belongs to the illustrator.

There are concerns that the buyer and illustrator must keep in mind to protect the value of the work, both within and outside the context of the contracted usage. These issues are understood within the industry and are adhered to by professionals on both ends of the creative exchange.

An artist’s copyright is owned by the artist and is protected from the moment it is created by the 1976 Copyright Act. This protection covers the work for the artist’s lifetime plus 70 years.

If agreed to in writing, the copyright may be assigned elsewhere.

Original artwork belongs to the illustrator, regardless of the use rights that are licensed.

Original artwork is provided temporarily to licensees for reproduction. Even the purchase of “exclusive rights” represents rights to reproduce

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the artwork only. The original illustration remains the property of the illustrator unless it is purchased explicitly and separately from the rights.

Original artwork cannot be changed without the creator’s approval. Changes to an illustrator’s work must be made by the illustrator, unless permission is secured from the illustrator first.

It constitutes creating a derivative work from copyrighted material, which, intentionally or not, violates federal law and places the buyer at risk.

Many are simply not aware of this law and unintentionally violate it, so please be aware.

For additional up-to-date information about the copyright law, please visit www.copyright.gov/title17.

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It is important to work with professional integrity.

Dealing respectfully with another member of the design profession goes far in ensuring a more stable business environment for practitioners and clients alike. It also supports one of the oldest and most basic tenets of our profession: the autonomy and freedom necessary to create our own professional independence.

Respect for the rights of illustrators is a matter of practice, ethics and law. It is the value of the intellectual property of a colleague— and within the body of the intended user—that is ultimately at stake in many of these concerns. To deal honorably with illustrators is to recognize the value of a colleague’s work, to respect the practice of another creative professional and to uphold the integrity of the design profession.

Illustrators invest substantially in the research and development of their technique and style.

This, in turn, is the basis of their business and reputation. To ask an illustrator to mimic the style of another illustrator is not considered ethical or, in some instances, even legal. There is a difference between finding illustrators who are influenced or inspired by other artists versus talent who directly infringe on copyrighted material.

(In recent years, a number of illustrators have won copyright infringement lawsuits based on theft of an illustrator’s intellectual property.)

Illustrations should not be used without gaining permission from the creator. Accessing and using illustrations from print, portfolios, the web or other materials— whether for mock-ups, comps or final designs—without first securing permission and establishing a basis for use rights is illegal and the most common law broken by clients, whether knowingly or unknowingly. (Refer to the 1976 Copyright Act for more details.)

Make sure you are acquiring illustration from an accountable and respectable source. For many within the illustration community, royalty-free illustration is considered a questionable practice.

Royalty-free distributors do not generally license work from creators and do not always compensate creators adequately (or at all) for giving up rights to their work. Many collections have been gathered through unwilling and/or unknowing sources over the years and simply do not compensate the talent that created them. In other instances, royalty-free work is often produced by artists who have inadequate concern for the integrity of how the work is used, or who have no bargaining power to defend their rights in a competitive marketplace.

In addition, much of this work is imitative, since the creative professional is being asked to create and sell images without sustained accountability, and some of the work may cross the line of plagiarism. Although there are appropriate sources and uses of royalty-free work, it is the exception and otherwise may have some risk associated with its use. When there is no accountability for the history of usage, you are lowering the value of the design.

Illustration is a value-added commodity, while royalty-free and stock serve a more decorative function. If you take an illustration out of its intended use and use it to simply fill space, you have lessened the value of the final product.

An illustrator can serve as a creative consultant.

The possibility of unbound creativity in the digital age is endless. It is commonly known that imagery is the newest commodity in the current economy. Who better to recognize quality and develop the potential of this commodity than the creators of the imagery? Illustrators are being retained as creative consultants for virtually every stage of conceptual work. At one time, art directors developed sketches of their ideas and hired artists to execute their ideas. Today, illustrators often assume the role as consultants to art directors and clients in developing the concepts for communicating content, as well as executing the ideas.

This involvement of an illustrator from concept to execution on a project takes full advantage of an artist’s creativity and experience in integrating illustration into the intended outcomes.

Additional roles include, but are not limited to: animator, storyboard artist, production designer, logo designer, character developer, illustrative

journalist, Internet artist and mock-up/comp artist, among many others.

Use of Software Just as design is a designer’s creative property, computer software is intellectual property that is owned by the people who created it. Without the expressed permission of the manufacturer or publisher, it is illegal to use software no matter how you got it. That permission almost always takes the form of a license from the publisher, which accompanies authorized copies of software.

When you buy software, what you’re really doing in almost every case is purchasing a license to use it. Rather than owning the software, you acquire limited rights to use, reproduce and distribute the program according to the terms spelled out in the license.

Using software for which you have not acquired a license is wrong.

A program can be installed and used on only one computer at a time, although there are usually provisions allowing you to make a “backup” copy for archival or disaster-recovery purposes. If you don’t comply with the terms of the license—for example, by installing the same copy of a single-user program on several computers— that’s software piracy. The publisher can take legal action against you or your business.

The license isn’t the only way in which software is protected. Copyright and sometimes patent law protect software from unauthorized copying, distribution and sale. The law also recognizes the Internet and prohibits users from uploading, downloading or transmitting unauthorized copies of software on-line. An individual who breaks these laws—or a company that looks the other way when an employee does—is liable to civil and criminal action. The consequences range from public embarrassment through adverse publicity to significant civil damages, criminal fines and even the possibility of imprisonment.

Illegal software carries hidden risks.

Software publishers offer their legitimate customers a wide array of products and services in addition to the actual program: user manuals and other documentation, notification of problems, training, support services, repairs and upgrades.

A legitimate copy also ensures you that you’re getting the quality product produced by the rightful owner of the program.

An illegal copy enjoys none of these benefits.

Further, it could well be an outdated version of the software, a test copy with bugs, an improperly made copy that can damage data or hide a damaging virus. Any one of these problems could quickly escalate into costly damage recovery far more expensive than the money you “saved” by purchasing illegal software.

Illegal software cheats its creators out of their fair reward for the innovation they have created and cheats your company out of the full value of the software. And it could well damage your data, tarnish your business reputation, subject you to fines or even land you in prison. In many respects, the most important issue is your integrity. You cannot fairly advocate the protection of what you create without respecting the comparable rights of others.

Software is an asset: Learn to manage it.

Before anything else, your company culture must be one in which all your employees understand the value of software, learn the difference between legal and illegal use and pledge their commitment to the proper use of software. To do this, you must have a clear statement of policy. The statement should express the company’s goals to manage software for maximum benefit, deal only in legally licensed software from an authorized dealer and spell out the company’s procedure for acquiring legal software. An effective software purchase procedure consists of the following: •

Centralize all your purchases through a single professional on your staff

•

Ensure the software being requested is on the company’s list of supported software

•

Buy only from reputable, authorized sellers

•

Work only with reputable application service providers (ASPs) and ensure you maintain all relevant licenses and documentation with that ASP

•

Get original user materials (manuals, registration cards, etc.), licenses and receipts with each purchase

•

Don’t permit employees to buy software directly or charge it to their expense accounts

•

Ensure that software cannot be downloaded from the Internet by employees without special approval.

Whatever your policy, make sure that it is included in any information given to new employees, distributed to all current employees, posted on company bulletin boards and available on company computer networks. Every employee

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needs to acknowledge the statement of policy and the consequences of violating it. In turn, employers must take steps to educate employees on what constitutes illegal use of software.

Sample Software Management Policy 1 (Organization) licenses the use of computer software from a variety of outside companies.

(Organization) does not own this software or its related documentation and, unless authorized by the software developer, does not have the right to reproduce it except for backup purposes.

2 With regard to Client/Server and network applications, (Organization) employees shall use the software only in accordance with the license agreements.

3 (Organization) employees shall not download or upload unauthorized software over the Internet.

4 (Organization) employees learning of any misuse of software or related documentation with the Company shall notify their manager.

5 According to applicable copyright law, persons involved in the illegal reproduction of software can be subject to civil damages and criminal penalties. (Organization) does not condone the illegal duplication of software.

(Organization) employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include termination.

6 Any doubts concerning whether any employee may copy or use a given software program should be raised with a responsible manager before proceeding.

I am fully aware of the software use policies of (Organization) and agree to uphold those policies. ____________________________________ (Employee signature and date) Take inventory of your software.

Once you have a policy, your next step is to take inventory of your software assets. Only by knowing what programs are installed on all the computers in your organization—desktops, laptops and any copies of programs from work installed by employees on their home computers—can you determine how to proceed. An accurate inventory can answer the following questions: 8

•

Are we using the most recent or most suitable version of programs we need?

•

Are we using outdated or unnecessary programs that can be deleted?

•

Are there other programs we should obtain to become more productive or efficient?

•

Does each employee have the correct set of programs available to him or her?

•

Are employees properly trained to use the software we have?

•

Do we have illegal, unauthorized or unlicensed programs or copies in our business?

No matter what tools you use, make sure to collect product name, version number and serial number for each copy of software installed on each computer.

You should also take an inventory of material related to software on your computers, including: •

All original CDs or other storage media used to install the programs on your computers

•

All original manuals and reference documentation

•

All license documentation

•

All invoices, proofs of purchase and other documents proving the legitimacy of your software. This includes invoices for computer systems that were sold to you with software already installed.

Once the inventory is completed, you should carefully store the documentation, original copies of your software and other material in a secure place. That way, you can take advantage of services, upgrade offers and the like from publishers and be more easily able to reinstall software in case of a disaster.

With your inventory in hand, you can compare the software that’s installed on your company’s computers to what’s allowed under the terms of your licenses. (Remember that some licenses allow you to make a certain number of copies of a program from a single source, or to have a limited number of employees use the software at the same time from a network. The original license will tell you how many.) Also remember that simply having an original CD or DVD for the software doesn’t necessarily mean you have authorized copies. Only the original license spells out the terms and gives you the right to use the software.

Once you have identified any illegal software copies in your business, you should delete them

from your computers. This is also an ideal time to remind employees about the company’s software policy and the dangers associated with using illegal software.

Next, compare the legitimate copies of software that remain on your computers with the needs of your company that you identified when taking the inventory. You can make informed decisions about which software you legally have that you want to keep, upgrade or discard.

Programs can be moved from computers where they are not needed to computers where they are. Programs can be upgraded, if necessary, so that everyone is using the version of the program that’s most appropriate for your company. And you can purchase only the new, legitimate software you need.

Based on the inventory, upgrades, new purchases and input from employees, you can now create a formal list of the software that your company will allow its employees to use. It should include program names, serial numbers, version numbers, number of copies or users permitted by the license, the computers on which the copies are installed and plans to add, upgrade or discard the software in the future.

Follow through on software management.

Effective software management is a continual process. You need to monitor employee adherence, guard against the introduction of illegal software, keep your list of supported software up to date and plan ahead for the next three years. It makes sense to have someone within your studio responsible for the process in order to centralize the job.

Periodically, it’s a good idea to perform spot checks on individual computers to make sure illegal software has not been inadvertently or deliberately installed. It also makes sense to conduct an inventory every year, as you might for other valuable assets. When employees leave the company, make sure the software they worked with remains with your company and that they do not take or keep copies. Prevent piracy from damaging the operations or integrity of your studio.

After you’ve put your software assets in good order, you’ll still need to monitor your workplace for illegal software. There are five common types of end-user piracy, and understanding each will help you and your employees avoid the problems of illegal software.

1 End-user piracy End-user piracy occurs when an employee of your company reproduces copies of software

without authorization. End-user piracy can take the following forms: •

Using one licensed copy to install a program on multiple computers

•

Copying disks for installation and distribution

•

Taking advantage of upgrade offers without having a legal copy of the version to be upgraded

•

Acquiring academic or other restricted or non-retail software without a license for commercial use

•

Swapping disks in or outside the workplace

2 Client-server overuse Client-server overuse occurs when too many employees on a network are using a central copy of a program at the same time. If you have a local-area network (LAN) and install programs on the server for several people to use, you have to be sure your license entitles you to do so. If you have more users than allowed by the license, that’s “overuse.” You can correct this problem by making sure employees understand the restrictions, by installing “metering” software that ensures only the licensed number of users have access or by purchasing another license that covers the number of users you need.

3 Internet piracy The software industry plays a leading role in ensuring that the Internet reaches its full potential. To date, software publishers have contributed in countless ways to the internet’s success, providing the means by which content can be created, displayed and exchanged, and providing some of the most desired content itself. However, intellectual property theft on the Internet constrains the software industry and significantly reduces its positive impact on economies throughout the world. There are thousands of fraudulent websites selling a variety of illegitimate software products. Internet piracy represents a serious threat to electronic commerce.

While there are many publishers that offer authorized versions of their software for sale on-line, there are also numerous pirate operations to be aware of on the Internet as well: •

Websites that make software available for free downloading or in exchange for uploaded programs

•

Internet auction sites that offer counterfeit, out-of-channel or nontransferable software that infringes on copyrights

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•

Peer-to-peer networks that enable unauthorized transfer of copyrighted programs

The same purchasing rules should apply to on-line software purchases as for those bought in traditional ways. Organizations should have a clear policy as to when, whether or with whose authorization employees may download or acquire software from websites.

Below are some tips to help ensure that the public and businesses are purchasing legal software on auction sites: •

If a price for a software product seems too good to be true, it probably is.

•

Be wary of software products that come without any documentation or manuals.

•

Beware of products that do not look genuine, such as those with hand-written labels.

•

Beware of sellers offering to make “backup”copies.

•

Watch out for products labeled as academic, OEM, NFR or CDR.

•

Be wary of compilations of software titles from different publishers on a single disk.

•

Do not give out your credit card details unless you know it’s a secure transaction.

•

Check with organizations such as the Business Software Alliance (www.bsa.org) should you become a victim of software fraud.

4 Hard-disk loading Hard-disk loading occurs when the business that sells you a new computer loads illegal copies of software onto its hard disk to make the purchase of the machine more attractive. The same concerns and issues apply when you engage a value-added reseller (VAR) to sell or install new software onto computers in your office. You can avoid purchasing such software by ensuring that all hardware and software purchases are centrally coordinated through your organization and all purchases are made through reputable suppliers. Most importantly, require receipt of all original software licenses, disks and documentation with every hardware purchase.

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5 Software counterfeiting Software counterfeiting is the illegal duplication and sale of copyrighted material with the intent of directly imitating the copyrighted product. In the case of packaged software, it is common to find counterfeit copies of the CDs incorporating the software program, as well as related packaging,

manuals, license agreements, labels, registration cards and security features. Sometimes it is clear the product is not legitimate, but often it is not.

Look for the following warning signs: •

You’re offered software whose price appears “too good to be true.”

•

The software comes in a CD jewel case without the packaging and materials that typically accompany a legitimate product.

•

The software lacks the manufacturer’s standard security features.

•

The software lacks an original license or other materials that typically accompany legitimate products (original registration card, manual, etc.).

•

The packaging or materials that accompany the software have been copied or are of inferior print quality.

•

The software is offered on an auction site.

•

The CD has a gold, blue or blue-green appearance, as opposed to the silver appearance that characterizes legitimate product.

•

The CD contains software from more than one manufacturer or programs that are not typically sold as a “suite.”

•

The software is distributed via mail order or on-line by sellers who fail to provide appropriate guarantees of legitimate product. The guiding principle: Respect intellectual and creative property rights—they could be yours.

Designers know from their own experience the importance of respecting intellectual and creative property rights. Designers also know the difference between ownership and use rights.

The design profession should respect the rights of other professionals because it is right, because it is the law and because any failure to do so undermines the moral standing of the profession in arguing for its own rights.

Guide to Copyright Copyright defines the ownership of work created by a designer. Copyright is what allows a designer to control whether or not a work may be copied.

If the designer permits a work to be copied, it is the copyright that gives the designer the right to negotiate for fees or royalties. If the client of a designer is to be protected from the theft of designs by competitors, it is because the copyright law gives such protection. Furthermore, an

understanding of copyright is necessary if the designer is to obtain for the client appropriate licenses of copyright from suppliers such as photographers, illustrators and authors.

What is copyrightable?

Work must be original and creative to be copyrightable. Here, “originality” simply means that the designer created the work and did not copy it from someone else. If, by some incredible chance, two designers independently created an identical work, each work would be original and copyrightable. “Creative,” in the Copyright Office’s definition, means that the work has some minimal aesthetic qualities. A child’s painting, for example, could meet this standard. Although the Copyright Office has sometimes shown a limited understanding of the artistry of graphic design, especially when uncopyrightable elements are arranged to create a new design, most graphic design should be copyrightable.

Ideas, titles, names and short phrases are usually not copyrightable because they lack a sufficient amount of expression. Ideas can sometimes be protected by an idea disclosure agreement, which expressly provides compensation if the idea is used by the party to which it is submitted.

Style is not copyrightable, but specific designs created as the expression of a style are copyrightable. Utilitarian objects are not copyrightable, but a utilitarian object incorporating an artistic motif, such as a lamp base in the form of a statue, can be copyrighted to protect the artistic material. Basic geometric shapes, such as squares and circles, are not copyrightable, but artistic combinations of these shapes can be copyrighted. Typeface designs are also excluded from being copyrightable (see the chapter “Use of Fonts,” page 91).

Calligraphy would appear to be copyrightable if expressed in artwork, especially insofar as the characters are embellished, but oddly, may not be copyrightable alone, if merely expressed in the form of a guide such as an alphabet. Computer programs and the images created through the use of computers are both copyrightable.

Exclusive rights The designer, as the copyright owner, has the exclusive rights to reproduce work; license work; prepare derivative works, such as a poster copied from a design; perform work; and display work. However, the owner of a copy of the work can also display it. Anyone who violates these rights is an infringer whom the designer can sue for damages and prevent from continuing

the infringement. If the designer were to have trouble proving actual damages, which include the designer’s losses and the infringer’s profits, the law provides for statutory damages that are awarded in the court’s discretion in the amount of $750 to $30,000 for each infringement. If the designer can prove that the infringement was willful, the court, under the copyright law, can award up to $150,000 in statutory damages.

Infringers can also be required to pay attorney’s fees. However, to be eligible for statutory damages and attorney’s fees, designs or other works must be registered with the Copyright Office prior to the commencement of the infringement.

For newly published works, registration within three months of publication will be treated as having taken place on the publication date for purposes of eligibility for statutory damages and attorney’s fees. It should be noted that the copyright law defines publication as the distribution of a work to the public by sale, other transfer of ownership, rental, lease or lending. Offering to distribute copies to a group of persons for further distribution or public display also constitutes publication. Exhibiting a work on the Internet would also be a publication.

Fair use Fair use is a limited exception to the exclusive power of the designer (or client, if the designer has transferred rights to the client) to control the uses of designs. Fair use permits someone to use work without permission for a purpose that is basically not going to compete with or injure the market for the work, such as using a design in an article about the designer’s career. The court’s tests for whether a use is fair or infringing turns on the following factors: •

The purpose and character of the use, including whether or not it is for profit

•

The nature and character of the copyrighted work

•

The amount and substantiality of the portion used, not only in relation to the copyrighted work as a whole, but also, in some cases, in relation to the defendant’s work (and this can be a qualitative as well as quantitative test)

•

The effect the use will have on the market for the copyrighted work or the actual value of the copyrighted work

Transfers and terminations The copyright law explicitly states that copyrights are separate from the physical design, such as a mechanical or, more recently, digital storage

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media. Selling the physical design would not transfer the copyright, because any copyright or any exclusive right of use of a copyright must always be transferred in a written instrument signed by the designer. Only a nonexclusive right can be transferred verbally, such as when the designer licenses a design to one client, such as a wallpaper company, but doesn’t make the transfer exclusive so that it can also be licensed to another client, such as a placemat company.

Both exclusive transfers of copyrights or parts of copyrights and nonexclusive licenses of copyrights can be terminated by the designer during a five-year period starting 35 years after the date of publication or 40 years after the date of execution of the transfer, whichever period ends earlier. This right of termination is an important right, but it does not apply to works for hire or transfers made by will.

Copyright notice The copyright notice is Copyright, Copr. or ©; the designer’s name, an abbreviation for the name or an alternate designation by which the designer is known to the public; and the year of publication. For example, notice could take the form of © Jane Designer 2009. Copyright notice is now optional, but it should not be considered unimportant. The designer has a copyright as soon as a work is created and is no longer required to place copyright notice on the design at the time of publication. However, placing the copyright notice on the work, or requiring that it appear with the work when published, has certain advantages. If notice is omitted when a design is published, an infringer may convince the court to lower the amount of damages on the grounds that the infringement was innocent; that is, the infringer wasn’t warned off by a copyright notice.

In addition, copyright notice informs the public as to the designer’s creative authorship of the work.

The best course is simply to place the copyright notice on the design before it leaves the studio and make certain that copyright notice accompanies the design when published, even if, in some cases, the copyright notice on publication may be the client’s rather than the designer’s.

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Copyright duration Designers now have federal copyright as soon as a design is created— without putting a copyright notice on it or registering it with the Copyright Office. Copyrights created after January 1, 1978, as well as those already existing in works not published or registered, will last for the designer’s

life plus70 years. If the designer is an employee, the copyright term will be 95 years from the date of first publication or 120 years from the year of creation, whichever expires first. In this case, however, the design will belong to the employer, since it was created as a work-for-hire.

Registering creative work Almost all designs can be registered, whether published or unpublished. One might ask why one should pay the application fee (currently $35) if copyright protection already exists simply by creating the design. There are several reasons: almost all designs must be registered in order to sue, except if the design is not of United States origin; registration is proof that the statements in the Certificate of Registration are true, such as that the designer is the creator of the design; and registration is necessary for the designer to be entitled to the statutory damages and attorney’s fees discussed earlier with respect to infringement. Registration allows the artist to make a record of the design and have that record held by a neutral party—the Copyright Office.

Since registration is so significant if a lawsuit is necessary, the deposit materials that accompany the application are especially important. It is these deposit materials that will show what the designer, in fact, created. Groups of unpublished designs can be registered for a single fee using an alternative form of deposit, such as slides or copies of the designs. This greatly reduces the expense of registration, since the designs will not have to be registered again when published.

The Copyright Office maintains a website at www.loc.gov/copyright. Included on the site are downloadable application forms and a great deal of information about copyright, including the latest fee schedules.

The copyright forms Most designs would be registered on Form VA (which stands for “visual arts”). If a designer wants to register a work with both text and design, Form VA should be used if the design predominates and Form TX if the text predominates.

Since these classifications are only for administrative purposes, rights will not be lost if an error is made in choosing the correct classification.

Form VA is a simple two-page form with stepby-step directions explaining how to fill it out. The filing fee and copies of the work being registered should be sent with the application form to the Copyright Office, Library of Congress, Washington, D.C. 20559. There is also a Short Form VA that is

even simpler than the Form VA and can be used when the designer is the only author, the design is not work-for-hire and the work is completely new. Registration is effective as of the date when an acceptable application, deposit and fee have all arrived at the Copyright Office. Although the certificate of registration will be mailed later, this will not change the effective date. If there is an error in a completed registration or if information should be amplified, Form CA for supplementary registration should be used.

Group registration Unpublished works may be registered as a group under a single title for a single registration fee.

This will dramatically reduce the expense of registration, and no copyright notice need be placed on unpublished work. The following conditions must be met to allow for group deposit: •

The deposit materials must be assembled in an orderly form.

•

The collection must have a single title identifying the work as a whole, such as “Collected Designs of Jane Designer, 2009.”

• The person claiming copyright in each work forming part of the collection must be the person claiming copyright in the entire collection.

•

All the works in the collection must be by the same person or, if by different people, at least one of them must have contributed copyrightable material to each work in the collection.

No limit is placed on the number of works that can be included in such a collection.

It is important that a work registered when unpublished need not be registered again when published. But, if new material is added to the work or it is changed into a new medium—creating a substantially different work from that registered—it would be wise to register the work again to protect the changed version.

Work-for-hire Work-for-hire is a highly problematic provision of the copyright law. If a designer provides services as a work-for-hire, or if a designer hires a supplier as a work-for-hire, the party executing the work under the work-for-hire status loses all rights, including the right to terminate the rights transferred after the 35-year period provided under copyright law. The work-for-hire status can come into existence in two ways: 1) an employee creating a copyright in the course of the employment; or 2) a freelancer creating a specially ordered or

commissioned work, if the work falls into one of several categories defined under copyright law and both parties sign a written contract agreeing to consider the artwork as a work-for-hire.

For a design firm this can create some problems. For example, since most design firms are businesses, this means that the partners in design firms do not own the copyrights for the work they create. Since most partners are employees of the firm, the firm owns those copyrights, just as it owns the copyrights created by any other employee.

If a partner wants rights to what he or she has created, a special contract will be necessary. Also, a salaried employee may request or negotiate a written contractual agreement that allows the employee to retain some copyright ownership.

For freelancers, the categories of specially ordered or commissioned works that can be work-for-hire include: a contribution to a collective work, such as a magazine, newspaper, encyclopedia or anthology; a contribution used as part of a motion picture or other audiovisual work; and a supplementary work, which includes pictorial illustrations done to supplement a work by another author, a compilation, an instructional text, test or answer material for a test or work for use in an atlas.

Commissioned design rarely falls into a category that can be work-for-hire, as defined under the copyright law. Corporate attorneys often rely on work-for-hire because they lack complete understanding of the tradition of creative rights or experience in defining the limited rights that their employers actually need. On the other hand, some firms may use work-for-hire with the intent of reselling the design in some form.

Contractual safeguards Often the term “work-for-hire” is loosely used to mean a buyout or the transfer of all rights. It is important to understand that work-for-hire is defined in the copyright law, but neither “buyout” nor “all rights” has a universally agreed upon definition. To avoid ambiguity, designers should spell out the rights transferred by type of use, media of use, duration of use, geography of use and any other description that makes clear what the parties intend. Ownership of any physical objects contained in the work should also be clarified, and may have a bearing on whether sales tax has to be charged.

Unless generous compensation is given to cover all conceivable future uses, the designer

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should seek to transfer only limited rights to the client. The client’s desire for work-for-hire or all rights is often for the purpose of preventing the client’s competitors from using the design or images in the design. The client can be protected against such competitive use by a simple clause in the contract stating: “The designer agrees not to license the design or any images contained therein to competitors of the client.” This might be accompanied by the client’s right of approval over some or any licensing of the design and incorporated images. The designer would then have to include similar restrictions in contracts with suppliers.

Sources of copyright information Legal Guide for the Visual Artist (Tad Crawford) contains an extensive discussion of copyright.

Business and Legal Forms for Graphic Designers (Eva Doman Bruck, Tad Crawford) has forms for copyright applications, copyright transfers, licensing and specifying rights either with a client or a supplier.

The Copyright Office makes available free information and application forms such as Form VA for a work in the visual arts. To obtain this information, the designer should request the Copyright Information Kit for the visual arts. The application forms and Copyright Information Kit are available from the Copyright Office, Library of Congress, Washington, D.C. 20559. Forms from the Copyright Office can also be requested by calling a telephone hotline: 202 707 9100. The public information number for the Copyright Office is 202 707 3000. Also, as mentioned earlier, the Copyright Office has a website at www.loc. gov/copyright that offers information about copyright and the functioning of the Copyright Office as well as downloadable forms.

Use of Photography Use of photography in design work involves choice and responsibilities. With the growth of digital libraries of images, stock photography has become far more accessible to every designer, although there are also strong reasons to commission photography specifically for a project. This chapter reviews the options available to designers, considerations in contracting for the rights for use of photographic images and the means of using photography while fully respecting the intellectual property rights of the photographer.

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Contracting with a photographer It is important to decide whether the designer

or the client will contract with the photographer, since the contracting party will be liable for any money owed to the photographer. If the client contracts directly, many of the points made in this chapter would be relevant to the client instead of the designer. The designer’s willingness to be the contracting party will depend on such factors as whether the photography budget is relatively small compared to the total design budget and whether the client has proven to be reliable with respect to paying the designer in the past. Certainly the designer should not take the risk of paying for photography if there is any risk the client won’t reimburse the designer.

Specifications and deadlines To begin with, specifications for the images should be as clear and detailed as possible. What is the subject to be photographed? Will the art director or designer give a sketch to the photographer or be present during the shoot for approvals? Should the images be in black-and-white or in color? How many images are to be delivered? In what format will the images delivered—positive, negative, digital file?

The photographer must work on schedule.

Failure to do this should be a reason for the designer to terminate the contract. If the designer’s schedule allows some flexibility with respect to the photographer’s deadline, then illness or other unavoidable delays might extend the photographer’s deadline. However, there must be a deadline for when the work should be delivered or else the designer may use another photographer. If even a short delay would be damaging, the designer might consider making “time of the essence” in the contract, in which case the deadline will have no leeway. The designer will want the contract to require that the assignment satisfy the designer, while the photographer will want to include that the satisfaction be “reasonable” to avoid having to do endless work to accommodate an unreasonable designer.

At the same time, the designer needs protection against the situation in which the designer is satisfied with the photography but the client is not. Client, designer and photographer all should make certain that each party will be fairly treated and benefit from the project. One way to do this is to involve the client in the decision-making process with respect to the photography.

Any changes in the assignment should be documented in writing. Even in the rush of meeting deadlines and finishing work, the careful practice is always to have a written confirmation of any

changes. This helps avoid disagreements as to whether the assignment as delivered meets the specifications. If the changes aren’t written down, it is easier to forget exactly what was discussed or misinterpret what was intended.

Fees and rights A professional photographer sells a license to use a photograph in particular circumstances; he or she does not sell the photograph itself or the copyright to it. The photographer owns the opportunity to use or sell the image in all other uses, unless he or she sells the copyright in writing prior to the photoshoot.

There must be agreement as to the fee and what is purchased for the fee. Most photographers seek to sell only limited rights. If greater rights are desired, they will ask for a higher fee. If the designer is sensitive to this, the best approach may be to ask for limited rights. This should avoid paying for usage rights that will not be exploited.

On the other hand, the designer must obtain all of the rights that his or her client needs. In the first instance, the designer must consider what rights will be transferred to the client. Rights can be limited in many ways, including the duration of use, geographic area of use, type of product or publication, title of the product or publication, and whether the use is exclusive or nonexclusive. An important aspect of the grant of rights is whether the work may be used in electronic media (such as on a website or a DVD) as well as in traditional media. In electronic media, each category of use (such as a banner ad, email blast or website) is considered discrete use.

A photographer working on assignment will expect reimbursement for direct expenses incurred in producing the images. The designer should carefully review the expenses to be reimbursed to avoid the possibility of a dispute arising.

Whether a cap can be placed on expenses, such as stating that expenses shall not exceed the estimate by 10 percent, will have to be negotiated along with whether a markup is to be charged by the photographer on some or all of the expenses. (The designer will face the same issues of cap and markups when billing the client.) If the designer requires changes and this causes reshoots, expenses may increase dramatically.

The designer has to be careful to not get caught in a squeeze between a client with a limited budget and an image cost which exceeds that budget because of changes. When expenses will be very

substantial, an advance against expenses may become part of the contract (in which case the designer would want an advance from the client sufficient to cover what is being paid on account to the photographer). Whether or not sales tax will have to be paid, and who will be expected to pay it, should also be resolved in the contract.

All rights and work-for-hire A client may want an all rights contract. Having all rights would mean the client could use the work in any conceivable way. However, on questioning the client, it often develops that the client does not need all rights. Rather, the client wants to prevent competitors from using the photography (and, of course, the design). One approach would be for the designer to promise by contract that no use will be made of the design in certain markets without first obtaining the written consent of the client. Another might be to agree that the client has exclusive rights in those markets where the client faces competitors, but that the client will not unreasonably withhold from the designer (or photographer) the right to resell the image or design in a noncompetitive way.

The designer may sometimes act as an intermediary—and, perhaps, as a mediator of sorts—between the demands of the client and the desire of the photographer to retain rights and earn more money for greater usage.

Designers must be careful to make certain that their contracts for rights with photographers and illustrators conform to the rights that the designers have contractually agreed to give their clients.

Ideally, therefore, designers will resist clients that demand all rights or work-for-hire—both for themselves and for the allied creative professionals who will be asked to work on the design project. Work-for-hire vests the copyright in the client who is treated as the creator of the work and gains all the copyright benefits that would normally belong to the creator. This type of contract lowers standards protective of artists’ rights, has a negative impact on the ability of creators to earn a livelihood and can have a demoralizing effect with respect to creativity.

In all cases, the designer would be wise to use a written limited rights contract so that both parties know exactly what deal is being agreed to.

Payments and cancellations Standard practices should be documented in a written agreement and should call for payment to the photographer within a certain number of days after delivery of the assignment (not

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publication or printing of the images in the designer’s final work). This time period is often set at 30 days. Any advances are subtracted from the total bill, which should then be paid in a timely manner to the photographer.

Provision should also be made for what will happen if the assignment is canceled. The designer should be able to terminate the assignment without liability unless the photographer will be damaged in some way. This would be the case if work has commenced or if, due to the short notice of the cancellation, the photographer will be unable to find other assignments for the days that had been set aside for the designer.

A different cancellation issue arises if work is unsatisfactory. Should the photographer be given the first opportunity to do a reshoot? Will there be any additional fee in that case? If the designer uses another photographer, should the first photographer be paid anything for the unsatisfactory work? These can be difficult situations to resolve, even when both parties make their best efforts to be fair.

Authorship credit and copyright notice There should be agreement as to whether the photographer will receive authorship credit for the photography that appears in the final design. This would be expected in editorial or nonprofit work, but is less likely for advertising or corporate assignments. The same holds true for copyright notice, which would be much more likely for editorial or nonprofit usages than for advertising or corporate assignments. Again, the designer will have to ensure that the client and the photographer share the understanding as to what will be done with respect to authorship credit and copyright notice.

A typical photo credit would appear as: “Photograph by Sarah Photographer.” If the photographer is to receive a copyright notice, this could take the form of “© Sarah Photographer 2009.” Other forms of copyright notice are also possible, such as “copyright” or “copr.” The photo credit and copyright notice would ideally be placed adjacent to the image, whether horizontal or vertical, but can also be placed elsewhere as long as the reader will be able to relate them to the image. If copyright notice is not adjacent to the image, it might be wise to add the word “photograph” in front of the copyright notice.

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Releases, warranties and stock photography Assignments often require photographing people.

If these images are used for advertising or trade purposes (such as on a product or for product

packaging), a release must be obtained from the person. This is true whether or not the person is a professional model. The release should be in writing. Although the photographer will obtain the release, the release should protect the client and the designer as well as the photographer. If either the designer or client is uncomfortable with the language in the photographer’s release, it would be wise to ask for a second release to be signed for the designer or client (or both).

The client or the designer may also want the photographer to give a warranty that the work is original and not an infringement of copyright, an invasion of privacy, libelous or otherwise unlawful. If the photographer gives such a warranty, the photographer will be subject to damages if any of the warranties are found to not be true.

The use of pre-existing images is another possibility for the designer. Use of stock images avoids the many contractual issues that may arise when photography is done on assignment. In using stock images the designer has to be careful not to exceed the license from the stock agency. If additional usage is needed, the designer has to go back to the agency and clear the rights by paying an additional fee. In some cases the stock agency may limit use of photographs because releases have not been obtained from models. Ignoring the agency’s restrictions as to use for advertising or trade in such a case is inviting an invasion of privacy lawsuit against the designer and the client.

Ownership Unless there is a special reason to obtain ownership of preliminary materials used to create the photograph, these would remain the property of the photographer. The photographer would also keep ownership of any physical materials submitted to the designer and expect these to be returned, including not only valuable original transparencies but also storage media that contained digital versions of the work. If any physical object is to be transferred in addition to the transfer of rights, the contract should specify the ownership transfer.

Assignment of money and duties The designer will need to be able to assign rights to the client. Since the photographer has been used based on his or her unique style, it won’t be acceptable for the photographer to assign the work under the contract to another photographer.

A creative relationship The relationship between designer and

photographer can be highly creative. It can lead to visual solutions that are stunning and exceed the client’s expectations. For creative relationships to thrive, however, there must be a basic business understanding. A careful discussion of the creative goals and the business issues should be followed by the signing of a written contract.

Such a contract grounds both parties by resolving ambiguities and clarifying expectations. It is an important step in the shaping of a harmonious partnership that leads to the creation of work of the highest excellence.

Resources

Legal Guide for the Visual Artist (Tad Crawford) and Business and Legal Forms for Graphic Designers (Eva Doman Bruck, Tad Crawford) both offer sample contracts accompanied by extensive discussion. Pricing Photography (Michal Heron) gives instruction with respect to negotiation and includes pricing charts for different stock usages. The Graphic Designer’s Guide to Pricing, Estimating and Budgeting (Theo Stephan Williams) discusses how to create a successful relationship with suppliers such as photographers. AIGA Professional Practices in Graphic Design (AIGA, Tad Crawford) gives information on fees, negotiating and dealing with suppliers. For more information and resources, please go to AIGA’s website at www.aiga.org.

SPJ Code of Ethics, Society of Professional Journalists, Revised 2014

Preamble Members of the Society of Professional Journalists believe that public enlightenment is the forerunner of justice and the foundation of democracy.

Ethical journalism strives to ensure the free exchange of information that is accurate, fair and thorough. An ethical journalist acts with integrity.

The Society declares these four principles as the foundation of ethical journalism and encourages their use in its practice by all people in all media.

•

Gather, update and correct information throughout the life of a news story.

•

Be cautious when making promises, but keep the promises they make.

•

Identify sources clearly. The public is entitled to as much information as possible to judge the reliability and motivations of sources.

•

Consider sources’ motives before promising anonymity. Reserve anonymity for sources who may face danger, retribution or other harm, and have information that cannot be obtained elsewhere. Explain why anonymity was granted.

•

Diligently seek subjects of news coverage to allow them to respond to criticism or allegations of wrongdoing.

•

Avoid undercover or other surreptitious methods of gathering information unless traditional, open methods will not yield information vital to the public.

•

Be vigilant and courageous about holding those with power accountable. Give voice to the voiceless.

Seek Truth and Report It Ethical journalism should be accurate and fair.

Journalists should be honest and courageous in gathering, reporting and interpreting information.

Journalists should: •

Take responsibility for the accuracy of their work. Verify information before releasing it.

Use original sources whenever possible.

•

Remember that neither speed nor format excuses inaccuracy.

•

Provide context. Take special care not to misrepresent or oversimplify in promoting, previewing or summarizing a story.

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•

Support the open and civil exchange of views, even views they find repugnant.

•

Recognize a special obligation to serve as watchdogs over public affairs and government. Seek to ensure that the public’s business is conducted in the open, and that public records are open to all.

•

Provide access to source material when it is relevant and appropriate.

•

Boldly tell the story of the diversity and magnitude of the human experience. Seek sources whose voices we seldom hear.

•

Consider the long-term implications of the extended reach and permanence of publication. Provide updated and more complete information as appropriate.

Act Independently The highest and primary obligation of ethical journalism is to serve the public.

Journalists should: •

Avoid conflicts of interest, real or perceived.

Disclose unavoidable conflicts.

•

Refuse gifts, favors, fees, free travel and special treatment, and avoid political and other outside activities that may compromise integrity or impartiality, or may damage credibility.

•

Be wary of sources offering information for favors or money; do not pay for access to news. Identify content provided by outside sources, whether paid or not.

Minimize Harm Ethical journalism treats sources, subjects, colleagues and members of the public as human beings deserving of respect.

•

Deny favored treatment to advertisers, donors or any other special interests, and resist internal and external pressure to influence coverage.

Journalists should:

•

Distinguish news from advertising and shun hybrids that blur the lines between the two.

Prominently label sponsored content.

•

Avoid stereotyping. Journalists should examine the ways their values and experiences may shape their reporting.

•

Label advocacy and commentary.

•

Never deliberately distort facts or context, including visual information. Clearly label illustrations and re-enactments.

•

Never plagiarize. Always attribute.

•

•

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implications of identifying criminal suspects before they face legal charges.

Balance the public’s need for information against potential harm or discomfort. Pursuit of the news is not a license for arrogance or undue intrusiveness.

Show compassion for those who may be affected by news coverage. Use heightened sensitivity when dealing with juveniles, victims of sex crimes, and sources or subjects who are inexperienced or unable to give consent. Consider cultural differences in approach and treatment.

•

Recognize that legal access to information differs from an ethical justification to publish or broadcast.

•

Realize that private people have a greater right to control information about themselves than public figures and others who seek power, influence or attention. Weigh the consequences of publishing or broadcasting personal information.

•

Avoid pandering to lurid curiosity, even if others do.

•

Balance a suspect’s right to a fair trial with the public’s right to know. Consider the

Be Accountable and Transparent Ethical journalism means taking responsibility for one’s work and explaining one’s decisions to the public.

Journalists should: •

Explain ethical choices and processes to audiences. Encourage a civil dialogue with the public about journalistic practices, coverage and news content.

•

Respond quickly to questions about accuracy, clarity and fairness.

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Acknowledge mistakes and correct them promptly and prominently. Explain corrections and clarifications carefully and clearly.

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Expose unethical conduct in journalism, including within their organizations.

•

Abide by the same high standards they expect of others.

The SPJ Code of Ethics is a statement of abiding principles supported by additional explanations and position papers that address changing journalistic practices. It is not a set of rules, rather a guide that encourages all who engage in journalism to take responsibility for the information they provide, regardless of medium. The code should be read as

a whole; individual principles should not be taken out of context. It is not, nor can it be under the First Amendment, legally enforceable.

Sigma Delta Chi's first Code of Ethics was borrowed from the American Society of Newspaper Editors in 1926. In 1973, Sigma Delta Chi wrote its own code, which was revised in 1984, 1987, 1996 and 2014.

An Incomplete Manifesto For Growth, Bruce Mau, 1998

1 Allow events to change you. You have to be willing to grow. Growth is different from something that happens to you. You produce it. You live it. The prerequisites for growth: the openness to experience events and the willingness to be changed by them.

2 Forget about good. Good is a known quantity.

Good is what we all agree on. Growth is not necessarily good. Growth is an exploration of unlit recesses that may or may not yield to our research. As long as you stick to good you’ll never have real growth.

3 Process is more important than outcome. When the outcome drives the process we will only ever go to where we’ve already been. If process drives outcome we may not know where we’re going, but we will know we want to be there.

4 Love your experiments (as you would an ugly child). Joy is the engine of growth. Exploit the liberty in casting your work as beautiful experiments, iterations, attempts, trials, and errors. Take the long view and allow yourself the fun of failure every day.

5 Go deep. The deeper you go the more likely you will discover something of value.

6 Capture accidents. The wrong answer is the right answer in search of a different question.

Collect wrong answers as part of the process.

Ask different questions.

7 Study. A studio is a place of study. Use the necessity of production as an excuse to study.

Everyone will benefit.

8 Drift. Allow yourself to wander aimlessly. Explore adjacencies. Lack judgment. Postpone criticism.

9 Begin anywhere. John Cage tells us that not knowing where to begin is a common form of paralysis. His advice: begin anywhere.

10 Everyone is a leader. Growth happens.

Whenever it does, allow it to emerge. Learn to follow when it makes sense. Let anyone lead.

11 Harvest ideas. Edit applications. Ideas need a dynamic, fluid, generous environment to sustain life. Applications, on the other hand, benefit from critical rigor. Produce a high ratio of ideas to applications.

12 Keep moving. The market and its operations have a tendency to reinforce success. Resist it. Allow failure and migration to be part of your practice.

13 Slow down. Desynchronize from standard time frames and surprising opportunities may present themselves.

14 Don’t be cool. Cool is conservative fear dressed in black. Free yourself from limits of this sort.

15 Ask stupid questions. Growth is fueled by desire and innocence. Assess the answer, not the question. Imagine learning throughout your life at the rate of an infant.

16 Collaborate. The space between people working together is filled with conflict, friction, strife, exhilaration, delight, and vast creative potential.

17 ____________________. Intentionally left blank.

Allow space for the ideas you haven’t had yet, and for the ideas of others.

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18 Stay up late. Strange things happen when you’ve gone too far, been up too long, worked too hard, and you’re separated from the rest of the world.

19 Work the metaphor. Every object has the capacity to stand for something other than what is apparent. Work on what it stands for.

20 Be careful to take risks. Time is genetic. Today is the child of yesterday and the parent of tomorrow. The work you produce today will create your future.

21 Repeat yourself. If you like it, do it again. If you don’t like it, do it again.

22 Make your own tools. Hybridize your tools in order to build unique things. Even simple tools that are your own can yield entirely new avenues of exploration. Remember, tools amplify our capacities, so even a small tool can make a big difference.

23 Stand on someone’s shoulders. You can travel farther carried on the accomplishments of those who came before you. And the view is so much better.

24 Avoid software. The problem with software is that everyone has it.

25 Don’t clean your desk. You might find something in the morning that you can’t see tonight.

26 Don’t enter awards competitions. Just don’t.

It’s not good for you.

27 Read only left–hand pages. Marshall McLuhan did this. By decreasing the amount of information, we leave room for what he called our ‘noodle’.

28 Make new words. Expand the lexicon. The new conditions demand a new way of thinking. The thinking demands new forms of expression.

The expression generates new conditions.

29 Think with your mind. Forget technology.

Creativity is not device–dependent.

30 Organization = Liberty. Real innovation in design, or any other field, happens in context. That context is usually some form of cooperatively managed enterprise. Frank Gehry, for instance, is only able to realize Bilbao because his studio can deliver it on budget. The myth of a split between ‘creatives’ and ‘suits’ is what Leonard Cohen calls a “charming artifact of the past.”

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31 Don’t borrow money. Once again, Frank Gehry’s advice. By maintaining financial control, we maintain creative control. It’s not

exactly rocket science, but it’s surprising how hard it is to maintain this discipline, and how many have failed.

32 Listen carefully. Every collaborator who enters our orbit brings with him or her a world more strange and complex than any we could ever hope to imagine. By listening to the details and the subtlety of their needs, desires, or ambitions, we fold their world onto our own. Neither party will ever be the same.

33 Take field trips. The bandwidth of the world is greater than that of your TV set, or the Internet, or even a totally immersive, interactive, dynamically rendered, object–oriented, real–time, computer graphic–simulated environment.

34 Make mistakes faster. This isn’t my idea—I borrowed it. I think it belongs to Andy Grove.

35 Imitate. Don’t be shy about it. Try to get as close as you can. You’ll never get all the way, and the separation might be truly remarkable.

We have only to look to Richard Hamilton and his version of Marcel Duchamp’s large glass to see how rich, discredited, and underused imitation is as a technique.

36 Scat. When you forget the words, do what Ella did: make up something else… but not words.

37 Break it, stretch it, bend it, crush it, crack it, fold it.

38 Explore the other edge. Great liberty exists when we avoid trying to run with the technological pack. We can’t find the leading edge because it’s trampled underfoot. Try using old–tech equipment made obsolete by an economic cycle but still rich with potential.

39 Coffee breaks, cab rides, green rooms. Real growth often happens outside of where we intend it to, in the interstitial spaces—what Dr. Seuss calls “the waiting place.” Hans Ulrich Obrist once organized a science and art conference with all of the infrastructure of a conference—the parties, chats, lunches, airport arrivals—but with no actual conference. Apparently it was hugely successful and spawned many ongoing collaborations.

40 Avoid fields. Jump fences. Disciplinary boundaries and regulatory regimes are attempts to control the wilding of creative life. They are often understandable efforts to order what are manifold, complex, evolutionary processes. Our job is to jump the fences and cross the fields.

41 Laugh. People visiting the studio often comment on how much we laugh. Since I’ve become aware of this, I use it as a barometer of how comfortably we are expressing ourselves.

42 Remember. Growth is only possible as a product of history. Without memory, innovation is merely novelty. History gives growth a direction. But a memory is never perfect. Every

memory is a degraded or composite image of a previous moment or event. That’s what makes us aware of its quality as a past and not a present. It means that every memory is new, a partial construct different from its source, and, as such, a potential for growth itself.

43 Power to the people. Play can only happen when people feel they have control over their lives. We can’t be free agents if we’re not free.

Manifesto for the first Bauhaus exhibition, Oskar Schlemmer, 1923

The Staatliches Bauhaus in Weimar is the first and so far the only government school in the Reich—if not in the world—which calls upon the creative forces of the fine arts to become influential while they are vital. At the same time it endeavors, through the establishment of workshops founded upon the crafts, to unite and productively stimulate the arts with the aim of combining them in architecture. The concept of building will restore the unity that perished in debased academicism and in finicky handicraft. It must reinstate the broad relationship with the 'whole' and, in the deepest sense, make possible the total work of art. The ideal is old, but its rendering always new: the fulfillment is the style, and never was the 'willto-style' more powerful than today. But confusion about concepts and attitudes caused the conflict and dispute over the nature of this style which will emerge as the 'new beauty' from the clash of ideas. Such a school, animating and inwardly animated, unintentionally becomes the gauge for the convulsions of the political and intellectual life of the time, and the history of the Bauhaus becomes the history of contemporary art.

The Staatliches Bauhaus, founded after the catastrophe of the war in the chaos of the revolution and in the era of the flowering of an emotion-laden, explosive art, becomes the rallying-point of all those who, with belief in the future and with sky-storming enthusiasm, wish to build the 'cathedral of Socialism'. The triumphs of industry and technology before the war and

the orgies in the name of destruction during it called to life that impassioned romanticism which was a flaming protest against materialism and the mechanization of art and life. The misery of the time was also a spiritual anguish. A cult of the unconscious and of the unexplainable, a propensity for mysticism and sectarianism, originated in the quest for those highest things which are in danger of being deprived of their meaning in a world full of doubt and disruption. Breaking the limitations of classical aesthetics reinforced boundlessness of feeling, which found nourishment and verification in the discovery of the East and the art of the Negro, peasants, children, and the insane. The origin of artistic creation was as much sought after as its limits were courageously extended. Passionate use of the means of expression developed in altar paintings. But it is in pictures, and always in pictures, where the decisive values take refuge. As the highest achievement of individual exaggeration, free from bonds and unredeemed, they must all, apart from the unity of the picture itself, remain in debt to the proclaimed synthesis. The honest crafts wallowed in the exotic joy of materials, and architecture piled Utopian schemes on paper.

Reversal of values, changes in point of view, name and concept, result in the other view, the next faith. Dada, court jester in this kingdom, plays ball with paradoxes and makes the atmosphere free and easy. Americanisms transferred to Europe, the new wedged into the old world,

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death to the past, to moonlight, and to the soul, thus the present time strides along with the gestures of a conqueror. Reason and science, 'man's greatest powers', are the regents, and the engineer is the sedate executor of unlimited possibilities. Mathematics, structure, and mechanization are the elements, and power and money are the dictators of these modern phenomena of steel, concrete, glass, and electricity. Velocity of rigid matter, dematerialization of matter, organization of inorganic matter, all these produce the miracle of abstraction. Based on the laws of nature, these are the achievements of mind in the conquest of nature, based on the power of capital, the work of man against man. The speed and supertension of commercialism make expediency and utility the measure of all effectiveness, and calculation seizes the transcendent world: art becomes a logarithm. Art, long bereft of its name, lives a life after death, in the monument of the cube and in the colored square. Religion is the precise process of thinking, and God is dead.

Man, self-conscious and perfect being, surpassed in accuracy by every puppet, awaits results from the chemist's retort until the formula for 'spirit' is found as well ...

Goethe: 'If the hopes materialize that men, with all their strength, with heart and mind, with understanding and love, will join together and

become conscious of each other, then what no man can yet imagine will occur -Allah will no longer need to create, we will create his world.'

This is the synthesis, the concentration, intensification, and compression of all that is positive to form the powerful mean. The idea of the mean, far from mediocrity and weakness, taken as scale and balance, becomes the idea of German art.

Germany, country of the middle, and Weimar, the heart of it, is not for the first time the adopted place of intellectual decision. What matters is the recognition of what is pertinent to us, so that we will not aimlessly wander astray. In balancing the polar contrasts—loving the remotest past as well as the remotest future; averting reaction as much as anarchism; advancing from the end-in-itself and from self-directedness to the typical, from the problematical to the valid and secure—we become the bearers of responsibility and the conscience of the world. An idealism of activity that embraces, penetrates, and unites art, science, and technology and that influences research, study, and work will construct the 'art-edifice' of Man, which is but an allegory of the cosmic system. Today we can do no more than ponder the total plan, lay the foundations, and prepare the building stones.

But We exist! We have the will! We are producing!

De Stijl Manifesto V, Cornelis van Eesteren, Theo van Doesburg, & G. Rietveld, 1923

1 In close co-operation, we have examined architecture as a plastic unit made up of industry and technology and have established that a new style has emerged as a result.

2 We have examined the laws of space and their endless variations (i.e. spatial contrasts, spatial dissonances, spatial supplementations) and have established that all these variations can be welded together into a balanced unity.

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3 We have examined the laws of color in space and time and have established that the

mutual harmonization of these elements produces a new and positive unity.

4 We have examined the relationships between space and time and found that the process of rendering these two elements visible through the use of color produces a new dimension.

5 We have examined the mutual interrelationships between dimension, proportion, space, time and material and have discovered a final method of constructing a unity from them.

6 By breaking up enclosing elements (walls, etc.)

we have eliminated the duality of interior and exterior.

7 We have given color its rightful place in architecture and we assert that painting separated from the architectonic construction (i.e. the picture) has no right to exist.

8 The time of destruction is at an end. A new age is dawning: the age of construction.

Towards collective building; commentary on Manifesto V We have to realize that art and life are no longer separate domains. Therefore the idea of 'art' as illusion unconnected with real life has to disappear. The word 'art' no longer means anything to us. Leaving this concept behind us, we demand the construction of our environment according to creative laws derived from a fixed principle.

These laws, linked with those of economics,

mathematics, technology, hygiene, etc., leads to a new plastic unity. In order that the interrelationships of these reciprocal laws may be defined, the laws themselves must first be established and understood. Up to now the field of human creativity and the laws governing its constructions have never been examined scientifically.

These laws cannot be imagined. They exist as facts and can be elucidated only by collective work and by experience.

Our era is inimical to all subjective speculation in art, science, technology, and so on. The new spirit which already governs almost all modern life is opposed to animal spontaneity (lyricism), to the dominion of nature, to complicated hairstyles and elaborate cooking.

In order to create something new we need a method, that is to say, an objective system. If we discover the same qualities in different things, we have found an objective scale. For example, one of the basic laws is that the modern constructor, by the means proper to his particular field of activity, brings to light not the relationship between things themselves, but the relationship between their qualities.

Ideological Superstructure, El Lissitzky, 1929

We shall present here a few sections of a life process which, having been first brought into existence by the Revolution, is a bare 5 years old.

During this time the high demands made by the cultural revolution have taken root in the feelings and consciousness of our new generation of architects. It has become clear to our architect that through his work he is playing an active part in building the new world. To use an artist's work has no value per se, no purpose of its own, no beauty of its own; it receives all this solely from its relation to the community. In the creation of every great work the architect's part is visible and the community's part latent. The artist, the creator, invents nothing that falls into his lap from the sky. Therefore we understand by 'reconstruction' the overcoming of the unclear, the 'mysterious' and chaotic.

In our architecture, as in our whole life, we are striving to create a social order, that is to say, to raise the instinctual into consciousness.

The ideological superstructure protects and guarantees the work. As the substructure for the renewal that we must carry out in architecture, we named at the beginning the social economic reconstruction. It is the unequivocal starting point, but it would be a mistake to explain the interconnections so simply. Life, organic growth, is a dialectical process that simultaneously asserts yes (plus) and no (minus). Everything that comes into being is a part of the process of social life, the result of particular facts, and itself exercises an influence on the aims that come into being in their turn. On the basis of what has come into being there is formed an ideology, a way of looking at things, there are formed interpretation

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and interrelationships, which exercise a further influence on what is coming into being. We may trace this dialectical process in the development of our architects.

modern man; it is necessary for the architect to possess a complete mastery of the expressive means of architecture.

1 Destruction of the traditional. Material production is paralyzed throughout the country.

The longing for a super-production. The first studio dreams. An ideology is formed containing two demands that are fundamental to further development: element and invention.

A work that is to be in keeping with our age must contain within it an invention. Our age demands creations arising out of elemental forms (geometry). War has been declared on the aesthetic of chaos. An order that has entered fully into consciousness is called for.

Thus we can summarize these three periods even more briefly:

2 The start of rebuilding. First in industry and production. Concrete problems demand solution. But the new generation has grown up in a period without architecture, has inadequate practical experience, little authority, and has not yet become an academy. In the struggle for building contracts its ideology has turned to the primary utilitarian, the nakedly functional. The slogan is: 'Constructivism', 'Functionalism'. An equals sign has been placed between engineer and architect ...

This architecture will actively raise the general standard of living.

This is the dialectic of our development, which reaches affirmation through denial; it has melted down the old iron and annealed the new steel.

3 The first reconstruction period demands a concentration of forces from the sphere of the socio-economic revolution to bring about a deepening of the cultural revolution. In the total complex of a culture, physical, psychological and emotional factors are inseparable.

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Art is acknowledged in its capacity to order, organize, and activate consciousness by charging it with emotional energy. Architecture is considered the leading art and the attention of the public is directed towards it. Architectural questions become mass questions. The studio dreams of the beginning lose their individual character and receive a solid social foundation. Once again the 'Utilitarians' are opposed by the 'Formalists'.

The latter assert that architecture is not covered by the concept of 'engineering'. To solve the utilitarian task, to construct a volume that functions correctly for the purpose, is only one part of the problem. The second part is to organize the materials correctly, to solve the constructive problem. A work of architecture comes into being only when the whole thing springs to life as a spatial idea, as a form that exercises a definite effect on our psyche. To do this it is not enough to be a

a Denial of art as merely an emotional, individual affair carried on in romantic isolation. b 'Objective' creation in the silent hope that the resulting product will eventually be looked upon as a work of art. c Conscious and purposeful creation of an architecture that will exercise a closed artistic effect on an objective, scientific basis that has been worked out in advance.

Work Hard & Be Nice To People, Anthony Burrill

Barcelona Manifesto, Enzo Mari, 1999

The utopizing tension of the origins of design must be recovered. If this is the allegory of a possible transformation, then it should reach as many people as possible. Those people who build our environment in a state of alienation and thus remain partially responsible of its transformation.

The mechanisms lead by the IT revolution are presently devouring all ideas to vomit sellable goods.

To begin with, in the next decades we must find the right ways to isolate from this

redundancy the transformation ideas. In order to achieve that we must separate them from all those ideas that are generated by irresponsible anarchies that deny and trivialize the drive towards the utopia, thus making it impossible to get people involved.

In the meanwhile, it might be worth to generalize the idea that: every project works towards ethics (which can be compared to the Hippocratic Oath.)

1,000 Words Manifesto, Allan Chochinov

1 Hippocratic Before Socratic. “First do no harm” is a good starting point for everyone, but it’s an especially good starting point for designers.

For a group of people who pride themselves on “problem solving” and improving people’s lives, we sure have done our fair share of the converse.

We have to remember that industrial design equals mass production, and that every move, every decision, every curve we specify is multiplied—sometimes by the thousands and often by the millions. And that every one of those everys has a price.

We think that we’re in the artifact business, but we’re not; we’re in the consequence business.

2 Stop Making Crap. And that means that we have to stop making crap. It’s really as simple as that. We are suffocating, drowning, and poisoning ourselves with the stuff we produce, abrading, out–gassing, and seeping into our air, our water, our land, our food—and basically those are the only things we have to look after before there’s no we in that sentence. It gets into our bodies, of course, and it

certainly gets into our minds. And designers are feeding and feeding this cycle, helping to turn everyone and everything into either a consumer or a consumable. And when you think about it, this is kind of grotesque.

“Consumer” isn’t a dirty word exactly, but it probably oughta be.

3 Systems Before Artifacts. Before we design anything new, we should examine how we can use what already exists to better ends.

We need to think systems before artifacts, services before products, adopting Thackara’s use/not own principles at every step. And when new products are needed, they’ll be obvious and appropriate, and then can we conscientiously pump up fossil fuels and start polymerizing them.

Product design should be part of a set of tools we have for solving problems and celebrating life. It is a means, not an end.

4 Teach Sustainability Early. Design education is at a crossroads, with many schools understanding the potentials, opportunities, and obligations of design, while others continue to teach students how to churn out pretty pieces of garbage. Institutions that stress

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sustainability, social responsibility, cultural adaptation, ethnography, and systems thinking are leading the way. But soon they will come to define what industrial design means.

(A relief to those constantly trying to define the discipline today!) This doesn’t mean no aesthetics. It just means a keener eye on costs and benefits.

5 Screws Better Than Glues. This is lifted directly from the Owner’s Manifesto, which addresses how the people who own things and the people who make them are in a kind of partnership. But it’s a partnership that’s broken down, since almost all of the products we produce cannot be opened or repaired, are designed as sub assemblies to be discarded upon failure or obsolescence, and conceal their workings in a kind of solid–state prison. This results in a population less and less confident in their abilities to use their hands for anything other than pushing buttons and mice, of course. But it also results in people fundamentally not understanding the workings of their built artifacts and environments, and, more importantly, not understanding the role and impact that those built artifacts and environments have on the world. In the same way that we can’t expect people to understand the benefits of a water filter when they can’t see the gunk inside it, we can’t expect people to sympathize with greener products if they can’t appreciate the consequences of any products at all.

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6 Design for Impermanence. In his Masters Thesis, “The Paradox of Weakness: Embracing Vulnerability in Product Design,” my student Robert Blinn argues that we are the only species who designs for permanence—for longevity—rather than for an ecosystem in which everything is recycled into everything else.

Designers are complicit in this over–engineering of everything we produce (we are terrified of, and often legally risk–averse to, failure), but it is patently obvious that our ways and means are completely antithetical to how planet earth manufactures, tools, and recycles things.

We choose inorganic materials precisely because biological organisms cannot consume them, while the natural world uses the same building blocks over and over again. It is indeed Cradle–to–Cradle or cradle–to–grave, I’m afraid.

7 Balance Before Talents. The proportion of a solution needs to balance with its problem: we don’t need a battery–powered pooper scooper to pick up dog poop, and we don’t need a car that gets 17 mpg to, well, we don’t need that car, period. We have to start balancing our ability to be clever with our ability to be smart. They’re two different things.

8 Metrics Before Magic. Metrics do not get in the way of being creative. Almost everything is quantifiable, and just the exercise of trying to frame up ecological and labor impacts can be surprisingly instructive.

So on your next project, if you’ve determined that it may be impossible to quantify the consequences of a material or process or assembly in a design you’re considering, maybe it’s not such a good material or process or assembly to begin with. There are more and more people out there in the business of helping you to find these things out, by the way; you just have to call them.

9 Climates Before Primates. This is the a priori, self–evident truth. If we have any hope of staying here, we need to look after our home.

And our anthropocentric world view is literally killing us.

“Design serves people”? Well, I think we’ve got bigger problems right now.

10 Context Before Absolutely Everything.

Understanding that all design happens within a context is the first (and arguably the only) stop to make on your way to becoming a good designer.

You can be a bad designer after that, of course, but you don’t stand a chance of being a good one if you don’t first consider context.

It’s everything: in graphics, communication, interaction, architecture, product, service, you name it—if it doesn’t take context into account, it’s crap. And you already promised not to make any more of that.

Ten Things I Have Learned, Milton Glaser, 2001

1 You can only work for people that you like. This is a curious rule and it took me a long time to learn because in fact at the beginning of my practice I felt the opposite. Professionalism required that you didn’t particularly like the people that you worked for or at least maintained an arms length relationship to them, which meant that I never had lunch with a client or saw them socially. Then some years ago I realized that the opposite was true. I discovered that all the work I had done that was meaningful and significant came out of an affectionate relationship with a client. And I am not talking about professionalism; I am talking about affection. I am talking about a client and you sharing some common ground. That in fact your view of life is someway congruent with the client, otherwise it is a bitter and hopeless struggle.

2 If you have a choice never have a job. One night I was sitting in my car outside Columbia University where my wife Shirley was studying Anthropology. While I was waiting I was listening to the radio and heard an interviewer ask “Now that you have reached 75 have you any advice for our audience about how to prepare for your old age?” An irritated voice said “Why is everyone asking me about old age these days?” I recognized the voice as John Cage. I am sure that many of you know who he was—the composer and philosopher who influenced people like Jasper Johns and Merce Cunningham as well as the music world in general. I knew him slightly and admired his contribution to our times. “You know, I do know how to prepare for old age” he said. “Never have a job, because if you have a job someday someone will take it away from you and then you will be unprepared for your old age. For me, it has always been the same every since the age of 12. I wake up in the morning and I try to figure out how am I going to put bread on the table today? It is the same at 75, I wake up every morning and I think how am I going to put bread on the table today? I am exceedingly well prepared for my old age” he said.

3 Some people are toxic, avoid them. This is a subtext of number one. There was in the

sixties a man named Fritz Perls who was a gestalt therapist. Gestalt therapy derives from art history, it proposes you must understand the ‘whole’ before you can understand the details. What you have to look at is the entire culture, the entire family and community and so on. Perls proposed that in all relationships people could be either toxic or nourishing towards one another. It is not necessarily true that the same person will be toxic or nourishing in every relationship, but the combination of any two people in a relationship produces toxic or nourishing consequences. And the important thing that I can tell you is that there is a test to determine whether someone is toxic or nourishing in your relationship with them. Here is the test: you have spent some time with this person, either you have a drink or go for dinner or you go to a ball game. It doesn’t matter very much but at the end of that time you observe whether you are more energized or less energized. Whether you are tired or whether you are exhilarated. If you are more tired then you have been poisoned.

If you have more energy you have been nourished. The test is almost infallible and I suggest that you use it for the rest of your life.

4 Professionalism is not enough or the good is the enemy of the great. Early in my career I wanted to be professional, that was my complete aspiration in my early life because professionals seemed to know everything —not to mention they got paid for it. Later I discovered after working for a while that professionalism itself was a limitation. After all, what professionalism means in most cases is diminishing risks. So if you want to get your car fixed you go to a mechanic who knows how to deal with transmission problems in the same way each time. I suppose if you needed brain surgery you wouldn’t want the doctor to fool around and invent a new way of connecting your nerve endings. Please do it in the way that has worked in the past.

Unfortunately in our field, in the so–called creative—I hate that word because it is misused so often. I also hate the fact that it

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is used as a noun. Can you imagine calling someone a creative? Anyhow, when you are doing something in a recurring way to diminish risk or doing it in the same way as you have done it before, it is clear why professionalism is not enough. After all, what is required in our field, more than anything else, is the continuous transgression. Professionalism does not allow for that because transgression has to encompass the possibility of failure and if you are professional your instinct is not to fail, it is to repeat success. So professionalism as a lifetime aspiration is a limited goal.

5 Less is not necessarily more. Being a child of modernism I have heard this mantra all my life.

Less is more. One morning upon awakening I realized that it was total nonsense, it is an absurd proposition and also fairly meaningless.

But it sounds great because it contains within it a paradox that is resistant to understanding.

But it simply does not obtain when you think about the visual of the history of the world. If you look at a Persian rug, you cannot say that less is more because you realize that every part of that rug, every change of color, every shift in form is absolutely essential for its aesthetic success. You cannot prove to me that a solid blue rug is in any way superior. That also goes for the work of Gaudi, Persian miniatures, art nouveau and everything else. However, I have an alternative to the proposition that I believe is more appropriate. “Just enough is more.”

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6 Style is not to be trusted. I think this idea first occurred to me when I was looking at a marvelous etching of a bull by Picasso. It was an illustration for a story by Balzac called “The Hidden Masterpiece”. I am sure that you all know it. It is a bull that is expressed in 12 different styles going from very naturalistic version of a bull to an absolutely reductive single line abstraction and everything else along the way. What is clear just from looking at this single print is that style is irrelevant. In every one of these cases, from extreme abstraction to acute naturalism they are extraordinary regardless of the style. It’s absurd to be loyal to a style. It does not deserve your loyalty. I must say that for old design professionals it is a problem because the field is driven by economic consideration more than anything else. Style change is usually linked to economic factors, as all of you know who have read Marx. Also fatigue occurs when people

see too much of the same thing too often. So every ten years or so there is a stylistic shift and things are made to look different.

Typefaces go in and out of style and the visual system shifts a little bit. If you are around for a long time as a designer, you have an essential problem of what to do. I mean, after all, you have developed a vocabulary, a form that is your own. It is one of the ways that you distinguish yourself from your peers, and establish your identity in the field. How you maintain your own belief system and preferences becomes a real balancing act.

The question of whether you pursue change or whether you maintain your own distinct form becomes difficult. We have all seen the work of illustrious practitioners that suddenly look old–fashioned or, more precisely, belonging to another moment in time. And there are sad stories such as the one about Cassandre, arguably the greatest graphic designer of the twentieth century, who couldn’t make a living at the end of his life and committed suicide.

But the point is that anybody who is in this for the long haul has to decide how to respond to change in the zeitgeist. What is it that people now expect that they formerly didn’t want? And how to respond to that desire in a way that doesn’t change your sense of integrity and purpose.

7 How you live changes your brain. The brain is the most responsive organ of the body.

Actually it is the organ that is most susceptible to change and regeneration of all the organs in the body. I have a friend named Gerald Edelman who was a great scholar of brain studies and he says that the analogy of the brain to a computer is pathetic. The brain is actually more like an overgrown garden that is constantly growing and throwing off seeds, regenerating and so on. And he believes that the brain is susceptible, in a way that we are not fully conscious of, to almost every experience of our life and every encounter we have. I was fascinated by a story in a newspaper a few years ago about the search for perfect pitch. A group of scientists decided that they were going to find out why certain people have perfect pitch. You know certain people hear a note precisely and are able to replicate it at exactly the right pitch. Some people have relevant pitch; perfect pitch is rare even among musicians. The scientists

discovered—I don’t know how—that among people with perfect pitch the brain was different. Certain lobes of the brain had undergone some change or deformation that was always present with those who had perfect pitch. This was interesting enough in itself. But then they discovered something even more fascinating.

If you took a bunch of kids and taught them to play the violin at the age of 4 or 5 after a couple of years some of them developed perfect pitch, and in all of those cases their brain structure had changed. Well what could that mean for the rest of us? We tend to believe that the mind affects the body and the body affects the mind, although we do not generally believe that everything we do affects the brain.

I am convinced that if someone was to yell at me from across the street my brain could be affected and my life might changed. That is why your mother always said, “Don’t hang out with those bad kids.” Mama was right. Thought changes our life and our behavior. I also believe that drawing works in the same way. I am a great advocate of drawing, not in order to become an illustrator, but because I believe drawing changes the brain in the same way as the search to create the right note changes the brain of a violinist. Drawing also makes you attentive. It makes you pay attention to what you are looking at, which is not so easy.

Perhaps it begins at school. Art school often begins with the Ayn Rand model of the single personality resisting the ideas of the surrounding culture. The theory of the avant garde is that as an individual you can transform the world, which is true up to a point. One of the signs of a damaged ego is absolute certainty.

Schools encourage the idea of not compromising and defending your work at all costs.

Well, the issue at work is usually all about the nature of compromise. You just have to know what to compromise. Blind pursuit of your own ends which excludes the possibility that others may be right does not allow for the fact that in design we are always dealing with a triad—the client, the audience and you.

Ideally, making everyone win through acts of accommodation is desirable. But self–righteousness is often the enemy. Self–righteousness and narcissism generally come out of some sort of childhood trauma, which we do not have to go into. It is a consistently difficult thing in human affairs. Some years ago I read a most remarkable thing about love, that also applies to the nature of co–existing with others. It was a quotation from Iris Murdoch in her obituary. It read “Love is the extremely difficult realization that something other than oneself is real.” Isn’t that fantastic! The best insight on the subject of love that one can imagine.

8 Doubt is better than certainty. Everyone always talks about confidence in believing what you do. I remember once going to a class in yoga where the teacher said that, spirituality speaking, if you believed that you had achieved enlightenment you have merely arrived at your limitation. I think that is also true in a practical sense.

Deeply held beliefs of any kind prevent you from being open to experience, which is why I find all firmly held ideological positions questionable. It makes me nervous when someone believes too deeply or too much. I think that being skeptical and questioning all deeply held beliefs is essential. Of course we must know the difference between skepticism and cynicism because cynicism is as much a restriction of one’s openness to the world as passionate belief is. They are sort of twins.

And then in a very real way, solving any problem is more important than being right.

There is a significant sense of self–righteousness in both the art and design world.

9 On aging. Last year someone gave me a charming book by Roger Rosenblatt called “Ageing Gracefully” I got it on my birthday. I did not appreciate the title at the time but it contains a series of rules for aging gracefully.

The first rule is the best. Rule number one is that “it doesn’t matter.”

“It doesn’t matter what you think. Follow this rule and it will add decades to your life. It does not matter if you are late or early, if you are here or there, if you said it or didn’t say it, if you are clever or if you were stupid. If you were having a bad hair day or a no hair day or if your boss looks at you cockeyed or your boyfriend or girlfriend looks at you cockeyed, if you are cockeyed. If you don’t get that promotion or prize or house or if you do—it doesn’t matter.” Wisdom at last.

Then I heard a marvelous joke that seemed related to rule number 10. A butcher was opening his market one morning and as he did a rabbit popped his head through the door. The butcher was surprised when

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the rabbit inquired “Got any cabbage?” The butcher said “This is a meat market—we sell meat, not vegetables.” The rabbit hopped off. The next day the butcher is opening the shop and sure enough the rabbit pops his head round and says “You got any cabbage?”

The butcher now irritated says “Listen you little rodent I told you yesterday we sell meat, we do not sell vegetables and the next time you come here I am going to grab you by the throat and nail those floppy ears to the floor.”

The rabbit disappeared hastily and nothing happened for a week. Then one morning the rabbit popped his head around the corner and said “Got any nails?” The butcher said “No.” The rabbit said “Ok. Got any cabbage?”

10 Tell the truth. The rabbit joke is relevant because it occurred to me that looking for a cabbage in a butcher’s shop might be like looking for ethics in the design field. It may not be the most obvious place to find either. It’s interesting to observe that in the new AIGA’s code of ethics there is a significant amount of useful information about

appropriate behavior towards clients and other designers, but not a word about a designer’s relationship to the public.

We expect a butcher to sell us eatable meat and that he doesn’t misrepresent his wares. I remember reading that during the Stalin years in Russia that everything labeled veal was actually chicken. I can’t imagine what everything labeled chicken was.

We can accept certain kinds of misrepresentation, such as fudging about the amount of fat in his hamburger but once a butcher knowingly sells us spoiled meat we go elsewhere. As a designer, do we have less responsibility to our public than a butcher?

Everyone interested in licensing our field might note that the reason licensing has been invented is to protect the public not designers or clients. ‘Do no harm’ is an admonition to doctors concerning their relationship to their patients, not to their fellow practitioners or the drug companies. If we were licensed, telling the truth might become more central to what we do.

Advice, like youth, probably just wasted on the young, Mary Theresa Schmich, 1997

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Inside every adult lurks a graduation speaker dying to get out, some world-weary pundit eager to pontificate on life to young people who’d rather be Roller-blading. Most of us, alas, will never be invited to sow our words of wisdom among an audience of caps and gowns, but there’s no reason we can’t entertain ourselves by composing a Guide to Life for Graduates.

I encourage anyone over 26 to try this and thank you for indulging my attempt.

Ladies and gentlemen of the class of ‘97: Wear sunscreen.

If I could offer you only one tip for the future, sunscreen would be it. The long-term benefits of sunscreen have been proved by scientists, whereas the rest of my advice has no basis more reliable than my own meandering experience. I will dispense this advice now.

Enjoy the power and beauty of your youth. Oh, never mind. You will not understand the power and beauty of your youth until they’ve faded. But trust me, in 20 years, you’ll look back at photos of yourself and recall in a way you can’t grasp now how much possibility lay before you and how fabulous you really looked. You are not as fat as you imagine.

Don’t worry about the future. Or worry, but know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.

The real troubles in your life are apt to be things that never crossed your worried mind, the kind that blindside you at 4 p.m. on some idle Tuesday.

Do one thing every day that scares you.

Sing.

Don’t be reckless with other people’s hearts.

Don’t put up with people who are reckless with yours.

Floss.

Don’t waste your time on jealousy. Sometimes you’re ahead, sometimes you’re behind. The race is long and, in the end, it’s only with yourself.

Remember compliments you receive. Forget the insults. If you succeed in doing this, tell me how.

Keep your old love letters. Throw away your old bank statements.

Stretch.

Don’t feel guilty if you don’t know what you want to do with your life. The most interesting people I know didn’t know at 22 what they wanted to do with their lives. Some of the most interesting 40-year-olds I know still don’t.

Get plenty of calcium. Be kind to your knees.

You’ll miss them when they’re gone.

Maybe you’ll marry, maybe you won’t. Maybe you’ll have children, maybe you won’t. Maybe you’ll divorce at 40, maybe you’ll dance the funky chicken on your 75th wedding anniversary.

Whatever you do, don’t congratulate yourself too much, or berate yourself either. Your choices are half chance. So are everybody else’s.

Enjoy your body. Use it every way you can.

Don’t be afraid of it or of what other people think of it. It’s the greatest instrument you’ll ever own.

Dance, even if you have nowhere to do it but your living room.

Read the directions, even if you don’t follow them.

Do not read beauty magazines. They will only make you feel ugly.

Get to know your parents. You never know when they’ll be gone for good. Be nice to your siblings. They’re your best link to your past and the people most likely to stick with you in the future.

Understand that friends come and go, but with a precious few you should hold on. Work hard to bridge the gaps in geography and lifestyle, because the older you get, the more you need the people who knew you when you were young.

Live in New York City once, but leave before it makes you hard. Live in Northern California once, but leave before it makes you soft. Travel.

Accept certain inalienable truths: Prices will rise. Politicians will philander. You, too, will get old.

And when you do, you’ll fantasize that when you were young, prices were reasonable, politicians were noble and children respected their elders.

Respect your elders.

Don’t expect anyone else to support you.

Maybe you have a trust fund. Maybe you’ll have a wealthy spouse. But you never know when either one might run out.

Don’t mess too much with your hair or by the time you’re 40 it will look 85.

Be careful whose advice you buy, but be patient with those who supply it. Advice is a form of nostalgia. Dispensing it is a way of fishing the past from the disposal, wiping it off, painting over the ugly parts and recycling it for more than it’s worth.

But trust me on the sunscreen.

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Thank you!