Code of Fair Practice

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Negotiators between an artist, the artist's representative, and a client shall be conducted only through an authorized buyer.

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Orders or agreements between an artist or artist's replacement and buyer should be in writing and shall include the specific rights transferred, the particular fee arraignment agreed to by the parties, the delivery date, and a summarized description of the work.

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All changes or additions not due to the fault of the artist or artist's representative should bill the buyer as an additional and separate charge.

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There should be no charges to the buyer for revisions or retakes made necessary by errors on the artist's part or the artist's representative.

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Suppose work commissioned by a buyer has been postponed or canceled. In that case, a "kill fee" should be negotiated based on time allotting, effort expended, and expenses incurred, such as other lost work.

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All completed work is paid for in full promptly to the artist. Artist will have the artwork returned promptly. Payment due to the artist shall not be contingent upon third-party approval or compensation.

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Alterations made without consulting the artist are forbidden. However, the artist shall be allowed to make such changes where alterations or retakes are necessary.

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The artist shall notify the buyer of any anticipated delay in delivery. Should the artist fail to keep the contract through unreasonable delay or nonconformance with agreed specifications, it will be considered a breach of contract by the artist. Should the agreed timetable be delayed due to the buyer's failure, the artist should endeavor to adhere as closely as possible to the original schedule as other commitments permit.

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Whenever practical, the buyer of artwork shall provide the artist with samples of the reproduced artwork for self-promotion purposes.

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There shall be no undisclosed rebates, discounts, gifts, or bonuses requested by or given to buyers by the artist or representative.

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Artwork and copyright ownership are vested in the hands of the artist unless agreed to in writing. No works shall be duplicated, archived, or scanned without the artist's prior authorization.

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Original artwork, and any material object used to store a computer file containing original artwork, remains the property of the artist unless it is specifically purchased. It is distinct from the purchase of any reproductive rights. All transactions shall be in writing.

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Specified rights transfer in the case of copyright transfers. All unspecified rights remain vested with the artist. All transactions shall be in writing.

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Commissioned artwork is not "work made for hire" unless agreed to in writing before work begins.

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When the work price is for limited use, and later such work is used more extensively, the artist shall receive additional payment.

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Art or photography should not be copied for any use, including client presentation or "comping," without the artist's prior authorization. Reproduction of exploratory work, comprehensive, or preliminary photographs from an assignment with the artist's permission, the artist shall receive fair additional payment.

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Exploratory work, comprehensives, and photographs bought from an artist with the intention or possibility that another artist will be assigned to do the finished piece; this shall be in writing at the time of placing the order.

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Electronic rights are separate from traditional media; Therefore are negotiated separately. Without a total copyright transfer or a work-made-for-hire agreement, the right to reproduce the artwork in previously discovered media is subject to negotiation.

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Unless otherwise agreed to in writing, all published illustrations and photographs will credit the artist by name.

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The right of an illustrator to sign work and to have the signature appear in all reproductions should remain intact.

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There shall be no plagiarism of any artwork.

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Fair additional remuneration is added if an artist is specifically requested to produce any artwork during unreasonable working hours.

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All artwork or photography submitted as samples to a buyer should bear the name of the artist or artists responsible for the work. An artist shall not claim authorship of another's work.

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All companies that receive artist portfolios, samples, etc., shall be responsible for the return of the portfolio to the artist in the same condition as received.

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An artist agreeing with a representative for exclusive representation shall not accept an order from, nor permit work to be shown by, any other representative. Agreements not intended to be exclusive should set forth the exact restrictions agreed upon between the parties.

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The artist and representative servers association between them should be agreed to in writing. The agreement should consider the length of time the parties have worked together and the representative's financial contribution to any ongoing advertising or promotion. No representative should continue to show an artist's samples after the termination of an association.

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Examples of an artist's work furnished to a representative or submitted to a prospective buyer shall remain the property of the artist, should not be duplicated without the artist's authorization, and shall be returned promptly to the artist in good condition.

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Interpretation of the Code for arbitration shall be in the hands of a body designated to resolve the dispute and is subject to changes and additions at the discretion of the parent organizations through their appointed representatives on the committee. Decisions for judgment and executing arbitration by a designated body is binding among the parties.

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Work on speculation/contests: Artists and designers who accept speculative assignments (whether directly from a client or by entering a contest or competition) risk losing anticipated fees and expenses and the potential opportunity to pursue other rewarding projects. Each artist shall decide whether to enter art contests or design competitions, provide fee services, work on speculation, or work on a contingency basis.

Arte De Cruz SPC