1. If it’s on the internet, it’s not copyrighted. Wrong. Every picture, article, song, video, and design is protected by copyright law. As a rule of thumb, if you would like to use an image you found on the internet, contact the author and get permission. If permission is not received, don’t use it.

2. If I can’t find the author of an article, I can use it. Nope. Anything that is created has an original author. In the digital age where people think anything on the net is fair game, it can be exceedingly difficult to track down where the article originated if it has been re-posted multiple times but, again, that doesn’t mean that the original author has given up his rights. Don’t publish anything that you don’t have permission to use.

3. If it doesn’t have a copyright notice, it’s not copyrighted. You guessed it….wrong. As I stated above if it was created, it has an author and it is by default copyrighted. While it is good practice to watermark your photos and designs or include the standard ‘Copyright [dates] by [author/owner]’ on written pieces, leaving it off does not relinquish your rights as copyright holder.

4. If it’s an old photograph, the copyright has expired. Maybe, but probably not. The shortest Copyright Term is the lifespan of the author plus 70 years. Photographers, for example, might transfer the copyright to another member of the family prior to his/her death thereby ‘renewing’ the copyright. Once again, ask for permission from the copyright holder.

5. If I change it 10%, it’s a new work and I am the copyright holder. This is just ridiculous and completely wrong. I’d like to ask: what exactly constitutes 10%? Changing the font? Reversing the photo? Applying special effects? Replacing one name throughout an entire story? This is hands-down the biggest, most widely held, completely incorrect copyright myth out there. The notion that a photograph can be scanned and reversed and is now no longer the original work of the photographer is simply stupid. If you cannot use the photograph without the permission of the author, why would be be allowed to use it for manipulation to create your own work? The same principle holds for design. Derivative works can actually be considered property of the owner of the original work with the major exception of parody which is a super gray area for which I am not properly educated to elaborate on.

6. Ideas cannot be copyrighted. True. An idea cannot be copyrighted but the work based on that idea can be. This is where copyright law starts to get confusing. I understand it to mean, in a story for example, a woman’s husband is having an affair, she finds out, the story unfolds. This is an idea. VS. Jane, a high powered attorney, finds her husband Curt, a car salesman, cheating on her. Jane and Curt’s characters are copyrighted as are the actual words used to tell the story and what actually happens in the story.

7. If I don’t make money off of it, it’s not infringement. Wrong. It’s like saying, if I don’t get caught, I never committed a crime. I believe this idea stems from misinterpretation of ‘Fair Use’. Each case determining fair use is different and takes into consideration many aspects of the alleged infringement so don’t assume that you can use whatever you like just because you don’t make a profit by using it. I write this blog without profit, that doesn’t mean that I can simply hunt around the internet for articles I find interesting and paste them here as if I came up with them myself. In fact, even if I gave the original author full credit without gaining his or her permission to reproduce the work, I’d be in violation of copyright laws.

This is, of course, not a comprehensive explanation of copyright laws and I am by no means a lawyer (so don’t take the above as legal advise). The myths listed above are simply the one’s I encounter most frequently in my day-to-day life as a designer. There are many more out there so when in doubt if you didn’t create the work, you shouldn’t use it. If you’d like more information regarding copyright and intellectual property laws, visit http://www.copyright.gov/. For more information on copyright infringement, visit http://www.copyright.gov/title17/92chap5.html.

The post Copyright Myths appeared first on Breakaway Graphics.

Let’s look at it from a numbers standpoint.

Have you ever heard the saying you get what you pay for? Its true in design too. These so-called ‘designers’ who participate in Spec Work (offering services in hopes of receiving compensation but without any guarantees) aren’t professionals. They are often students, foreigners, or regular people with a copy of Photoshop (which isn’t even the right software for creating logos, btw). Would you let a student or guy-off-the-street balance your books, do your taxes, or perform a dental check? I think not. And yet, this is exactly what businesses do when they choose to participate in these ‘contests’ in the hopes of saving some money. So, these part-time, untrained ‘designers’ really want that extra $200 but know that what they submit will have to compete with dozens of other designs so they work extra hard to make sure their design is the best and gets chosen by the client, right? Not likely. They may spend fifteen minutes, an hour, maybe even two…heck, you might get lucky and get yourself a newbie who doesn’t know the software yet or its their first time taking a shot at design contest so maybe they really give it a good try (then you’re really getting a bang for your buck!). But all-in-all, these ‘designers’ aren’t going to spend the necessary time it takes to create a good logo. (see my logo design process here). No, they are more likely to invest as little time as possible since they know they’ve only got a 1-in-X chance of getting paid. Of course, if they don’t win, they could always try to sell that design to another sucker in another contest. Plus, the less time they spend per contest, the more contests they can enter so they might try to churn out as many designs as they can in a day without much thought as to who they are designing for, the nature of the business, or the effectiveness and reproducibility of the design. It’s about the numbers, man.

Now let’s look at it from a design standpoint.

Choosing to use one of these contests to set the visual tone for your company is really just a terrible idea. You’ve worked hard to create a business plan, choose inventory, secure the right retail space, hire all the friendliest and most qualified employees, and now you’re going to risk all that by using a Spec Contest to create your brandmark? Why don’t you just get one of those employees to whip you up a logo in Word and use that? “Oh, no, no, no, that would be a bad idea”. Of course it is, but that’s exactly what the kind of work you are likely to get when using crowdsourcing or contest sites. Again, professional designers do not engage in crowdsourcing contests so you are not likely to get professional designs in return. Many times, these are novice designers who are pumping out designs that require the least amount of time, effort, creativity, skill, and thought because they know that there is a good chance they wont get paid for it. These sites are chock full of bad design, many of them ripped off from actual designers and yet, you want that to be the face of your company? Professional Designers spend time creating the right brandmark for you, utilizing years of experience. You know they’re good because you’ve seen their portfolio before you hired them, you’ve read testimonials from actual clients, you’ve met them face-to-face. Professional Designers work closely with you creating a design brief and brand guide, they ask questions and research. They take the time to really understand you, your company and your goals and they do this with a firm understanding of design. Do the ‘designers’ on these crowdsourcing sites do that? Maybe. But is maybe good enough for you?

What you get for the money.

Now, I’ve never personally used one of these sites but several of my clients had before they found me. I have seen (and had the unfortunate and frustrating experience of trying to work with) the amateur designs that come from these sites. First, they are almost never the right file type (believe me when I tell you that having the right file type is essential), they are only sometimes created in the right software, and they are rarely the proper resolution and colorspace. These are the basics of the profession, people….if the ‘designers’ who participate in this practice don’t know the difference between 72dpi and 300dpi, they have absolutely no business collecting any amount of money for their ‘designs’. In all the cases that I have been given one of these crowsourced files to attempt to work with, it has been a nightmare.

What you DON’T get for the money.

You’ve chosen to use a contest allowing all but one lucky designer to work for free, trying to create the face of your business without so much as knowing who was actually creating it. Perhaps you’ve ended up with a design that you are happy with. Here’s the most terrifying part, after you’ve spent a fair amount of money getting that logo printed on business cards, banners, letterhead, signage, and product packaging, you’ve been served with a Cease and Desist letter from the rightful owner of the Copyright your ‘new’ logo infringes upon. These crowdsorcing and contest sites have long lists of Cease and Desist complaints against them for violating copyright as some of the ‘designers’ who participate don’t follow the rules and ethics of Design and simply do a google search to find a nice design to copy . The crowsourcing site owners clearly state in their terms and conditions that they make no claims as to the originality of the work submitted (check it out for yourself). So who are you going to blame? The Website who legally hides behind an ‘it’s not our fault, you agreed to the terms and conditions’ standpoint? The Designer you’ve never met or even spoken to? It will be up to you to hire an attorney to fight or settle. It will be up to you to now hire a professional to design a new brandmark. It will be up to you to re-print everything with your new logo and pay the web designer to update the website. Does crowdsourcing sound as good now?

The Moral of the Story

The above are only a few reasons why participating in these ‘contests’ is a very bad idea, both for the participants and the business owner who solicits free design. I didn’t even scratch the surface of how it devalues Design, promotes Design as a commodity and as inessential to your business, or how it stifles any real creativity or logical thought when creating visual solutions. While I can understand the cost of doing business is high (I know, I own and run a business too) and the temptation to save money and cut corners can almost be considered a necessity for some, I beg of you, contact some local Designers first. Most of us will collect the vital information and create a personalized quote for free, without obligation. At the very least, you can get a good idea of what Professional Design actually cost (it’s likely a LOT less than you think) and establish a real relationship with a professional right there in your town. The differences between using a Professional Designer and a’contest’ designer are vast to say the least but I think Red Adair said it best when he said: “If you think it’s expensive to hire a professional to do the job, wait until you hire and amateur”. It’s true for most professions, and it is true for Graphic Design, too.

The post Spec Work & Contests, They Fail, Oh My! appeared first on Breakaway Graphics.

First, we should resolve the difference between work performed by an Independent Contractor versus Work-for-Hire. According to the United States Copyright Act of 1976,  “work made for hire” is— (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. (17 U.S.C. § 101). Work-for-Hire typically implies that any work created by a graphic designer as an employee of Company A, remains the property of Company A, not the designer. Occasionally Graphic designers are commissioned to perform Work-for-Hire but at a substantially higher rate (usually 300%) and when the terms and conditions are mutually agreed to in writing.

An Independent Contractor is commissioned because the work requires significant artistic skill. The Designer supplies her/his own tools, performs the work at her/his own office, works for a relatively short time on a project-to-project basis, and controls when, how or how long he/she works. Typically, in this arrangement, the client has no part in the Designer’s business practices, does not provide the Designer with employee benefits or contribute to his/her unemployment or worker’s compensation, and most importantly to Uncle Sam, the client does not treat the Designer as an employee for tax purposes. Independent Contractors work where they want, when they want, how they want and with whom they want. They pay self employment taxes and foot the bill for health insurance, technical maintenance, tools required for the trade, and provide a valuable service to their clients.

So, “why aren’t master files supplied to me, the client? That’s what I am paying for, right?” The short answer is no and here’s why:

1. You’re paying for the final product, not the tools to create that product.

When you contract a professional graphic designer to create and deliver a brochure, that’s what you will get for your money, a fully completed, fully thought out printable (or printed) brochure. You are not paying for the history, tools or layers used to create that brochure nor are you paying for the fonts and images contained within it. Think of it this way: if you went to the hardware store to buy a drill, you pay the cashier for the drill to take home and use as-is, not for the manufacturing trade secrets, right to the mechanicals and mechanisms or for the rights to take that drill, remove the brand sticker, replace it with your brand sticker and sell it to the public for profit.

2. There are third parties involved that you may be unaware of.

Every designer uses fonts, photos and graphic elements that are often the works of someone else. Designers spend a good amount of money (font licenses can cost anywhere from $25 to $600) purchasing licenses to multiple typefaces in order to offer you options that maybe you don’t already have and to create the perfect overall look for your collateral. We spend our capital to have access to stock imagery that must be purchased for use in your collateral. These tools are not our property but are the property of their respective creators, we have simply secured the right to use it to provide you with awesome designs. Because of this, it would be unethical and illegal for Designers to release those tools to you as we are not the copyright holders.

3. You likely don’t have the hardware or software to handle or manipulate the master files.

Graphic files can be very large and what I can open and manipulate with a fair amount of quickness with my heavy-duty machinery, could slow your equipment down to snail speed. Assuming that you have the proper software and can open the document, what are the chances you know what to do with it afterwords? Do you know how to change the text, what color space and resolution to use, how to format it for different mediums or how to collect it for submission to printers or vendors? There is a whole host of technical junk Graphic Designers have to learn and use everyday. We’ve already put in the time to learn the ins and outs, the technicalities and techniques, so why not just let us handle it and save yourself the headache?

4. We worry about issues with file types.

As designers we often keep track of multiple proofs, files and file types. For example, I may have a high res psd or tif file that I use for the artwork, a indd file I use for the text and layout, various files for import into InDesign, a few low res pdfs of various revisions, a high res pdf with trim marks for an offset printer, a high-res pdf without trim marks for another printer, a high res pdf with half-inch margins for in-house, inkjet printing, a low res jpg for web, and possibly several more. I know the specs, color space, technicals and use for each of these files and can easily send the one needed to various vendors if need be. What many designers worry about is that a client with all the files will erroneously and unknowingly send the wrong file, causing a headache for the client, the vendor and the original designer as usually we’re the ones who have to step in and remedy the situation. Also an issue is that if a layered file is supplied to a vendor who doesn’t have the same fonts or embedded images, the formatting and typeset can go very askew (i.e. the font will automatically change to a default font, ruining any formatting and the images will either show up as grey boxes or in low resolution and will not print properly), turning our hard work into a mess and making life harder for the recipient of the file and causing undue upset to the client.

5. If you have the software and technical know-how, why do you need a freelancer?

The simple answer to this is that most people don’t have the specific skill-set and/or talent to do the work or that they simply don’t have the time. If you are hiring a designer simply because you don’t have the time and are looking for someone to collaborate with, then the work is considered work-for-hire and would be handled as mentioned above. Similarly, if you are hiring a design professional for their creative and technical talents with the intent to use them for the concept and initial execution but not for derivative or future works of the concept, with the purpose of making future changes yourself, you would need to work out a Work-for-hire agreement between yourself and the creative. Unfortunately, many designers face the sad fact that there are people out there who want to pay them for a stellar concept without being completely forthcoming with their intentions, then secretly hand off that concept to a novice or cheaper designer to save money. Since the original designer has done all the hard work already, the second designer gets to reap the recurring financial benefits of that design for doing little work. It’s unethical and unfair to the professional designer. Of course, if this is stated up front by the client, most designers will negotiate an additional fee or higher hourly rate to complete the work for another designer to take over. In this case, it is Breakaway Graphics, LLC’s practice to require the client to purchase all fonts, elements and photos used in the design and stipulate that once the files have been released, we are held harmless of any warranties with the design.

If you are working with a designer and would like to obtain rights to their layered/master files, just ask. Most designers won’t have an issue negotiating a price for the transfer of full copyright including layered files and are more than willing to help you secure the various image and font licenses to protect yourself from violating a third-party’s copyright. The industry standard for copyright transfer is 300% of the total bill so if you’ve used your designer for letterhead and business cards that total $200 in design fees, be prepared to offer him/her about $600. This will cover the loss of future income for the designer from those designs as well as the time it will take him/her to collect and prepare the documents for sale and aid you in securing licenses. If you are working with a designer who flat out refuses to release copyright without one of the above valid reasons, find a new designer.

The post “My Designer Wont Give Me My Files!” appeared first on Breakaway Graphics.

I am sure you’ve noticed, as I have, that every person, business and place has a website, email and Social Media page. While I am by no means discounting the need for such marketing tools as Facebook (Breakaway Graphics has one), I have noticed that many people are committing some very serious social no-no’s in an effort to get their business on the top of everyone’s think-list. Let me start by revealing a very important tip about marketing:telling everybody everything about your company or product is NOT an effective form of advertising, knowing and targeting your market is. Although there is much validity to the concept of Brand Awareness, being a constant annoyance to your Facebook fans or every person who’s email address is in your address book achieves Brand Awareness…but not in a good way. Which leads me to our recommendations for proper Email and Social Media Etiquette:

1. Do not hold hostage people’s email addresses. In my line of work, I send hundreds of emails including proofs, proposals and questionnaires every day. Many times, I am sending proofs to advertisers on behalf of the magazines I work for, other times I am sending out a design questionnaire for a prospective client. In either case I am not soliciting the services or products of the email recipient, I am simply doing my job. Yet by virtue of my having sent an email (even just one email), I am now on that recipient’s Email Marketing list. This is the World Wide Web equivalent of the junk mail that arrives in the mailbox outside your house. What to you do with that junk mail? You toss it out without even a glance. For me, the same is true with unsolicited and unwanted ‘junk email’. Email provides us with a certain amount of anonymity, let’s keep it that way. Don’t add anyone and everyone to your e-marketing list, it’s unprofessional.

2. Resist the urge to ‘spray and pray’. Maybe I’m ‘old school’ but Facebook is for reconnecting with friends and family first and brand awareness second. Facebook has quickly become a welcome addition to small businesses  whose marketing budget is small and has made it to the top of marketing plans, but it should not be used to bombard your ‘friends’ and ‘fans’ with useless information. A Facebook page for your business is now as important as having a website, however people who are in search of your product or service, actively seek out  your website or go to your store front. On Facebook, it’s the other way around and posting ‘updates’ ten times a day can have  an opposite effect than the one you are intending. When I log onto Facebook and see twenty-one posts in a row featuring every house a Real Estate Agent has for sale (this actually happened!), I either ‘dislike’, ‘de-friend’, or ‘hide’ that person. It’s just annoying. Keep your business updates to a maximum of two or three a day, no more or you risk alienating potential customers.

3. Keep it relevant. If you have successfully implemented the above guidelines to your email and Social marketing, it’s time to think about what you’re putting out there and when. Once a customer has realized that you are not sending out updates and emails everyday (and have stopped associating your name with ‘spam’ or ‘junk’), they are more likely to pay attention to the emails and updates you do send. Make sure that the update you’re posting or the email you’re sending is current and relevant. Are you having a 50% off sale this weekend? Great, but don’t send it out on the Monday before. People are busy and will forget about your sale by the end of the day. Email an announcement on Friday morning, then post that announcement throughout the day for your Facebook friends (remember, no more than three times! Maybe in the morning, around lunchtime, and in the evening…TOPS!). Then post it again the day-of but change it up with adding something new like ‘What a turn out! Stop by now before all the good stuff is gone!’. Any more than that and you’re that friend that calls your phone four times in a row without leaving a message, you know the one.

4. Have a purpose and solicit a response. If we break it down to basics, what is the reason for placing an ad, sending out a marketing email or posting on Facebook: what is the response you want? If you find yourself sending out those mass email updates, make sure you have a clear reason for doing so. Is it to get people into your store? To generate more business with a discount? Perhaps it’s to give your customers some relevant news or tips. Whatever the reason, make sure it’s clear and simple. This goes back to guideline #2: no one wants to know every item you carry in inventory or every little service you do. Just pick one or two things to feature and run with it. Remember, less is more.

5. Utilize the science of advertising. All of the above suggestions bring me to what you should do with email marketing and social media. Facebook has a wonderful way to advertise your business on a budget. Their advertising options make it easy to really target your market and get your product right in front of the people who are interested in it. Think of it like this: if you were a pediatric dentist, would you advertise in a photography magazine? Or would it be a better use of advertising dollars to place an ad with a parenting magazine? The same is true for Facebook. Rather than committing social crimes #1 and #2, why not spend a little bit of money and have them place your ad in front of all the right people? As for your mass marketing emails, instead of assuming everyone who sends you an email must want to get your updates, ask them if they are interested or have a sign up sheet in your store front. Please don’t put that person in a position where they will have to spend their time trying to get removed from a list for something they were not interested in in the first place.

I know that we’re just a little design firm in Austin, TX and are not likely to change the bad habits of an entire generation. I do believe that I can, at the very least, reach the people reading this blog. With any luck, some people will agree with this post and feel the need to join the movement by re-posting (yes, on Facebook) or linking to this site. Who knows, maybe just one person really can correct the crimes of many…

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