Graphic Artists Guild News

Graphic Artists Guild Member Delivers Letter to White House Asking for Copyright Consideration

Mon, 16 Nov 2009 00:00:00 PST

ARTISTS DELIVER LETTER TO WHITE HOUSE MORE THAN 11,000 ARTISTS SIGN LETTER ASKING ADMINISTRATION TO SUPPORT ARTISTS' RIGHTS Washington, D.C. - A delegation of emerging artists in The Copyright Alliance's grassroots network of creators today delivered to the White House a letter signed by more than 11,000 artists nationwide. The letter asks President Obama and Vice President Biden to pursue policies supportive of artists' rights. The artists met with Kalpen Modi and Greg Nelson, key personnel on technology and the arts in the White House Office of Public Engagement. "On behalf of more than 11,000 creators of all kinds and from all 50 states, we are honored to deliver this letter, which simply asks that the Administration remember the importance of creators to our culture and our economy," said Lucinda Dugger, Director of Outreach Initiatives. "Copyright, the basic tenet that allows these artists and millions of others like them to earn a living from their work, is increasingly under attack. The goal of this effort is to remind our nation's most powerful leaders that creativity and art and entertainment don't just happen. They require investment, hard work and talent." The delegation included Chad Cameron, an illustrator from San Francisco; Jonathan Ifergan, a musician with the band Color Radio from Chicago; Margot MacDonald, a singer/songwriter from Washington, DC; and Natalie Neckyfarow, an actress from Charlotte currently living and working in New York City. "These are not multimillionaires stalked by paparazzi. Yet they are achieving success in their own ways, in an environment fostered by creators' rights under copyright law," said Executive Director Patrick Ross. "They are the faces of copyright, a sampling of the more than 11 million Americans who work in copyright-related industries today. "The Obama Administration repeatedly has opened its doors to artists showcasing their talents. We are gratified the Obama Administration has opened the White House doors to creators concerned with copyright infringement and its toll on artists nationwide," he said. Signers include authors, photographers, songwriters, graphic designers, filmmakers, musicians, publishers, jewelry designers, web designers, photojournalists, illustrators, video game developers, architects, cartoonists, composers, playwrights, voice actors, animators, sculptors, painters and videographers. Creative works are a key contributor to America's economy. In 2007, copyright industries in the U.S. contributed $1.52 trillion to the nation's GDP. They employed over 11 million workers and represented over 43 percent of the U.S. economy's total real growth between 2006 and 2007. [Source: Copyright Industries in the U.S. Economy, the 2003-2007 Report; Stephen E. Siwek, Economists Inc. for the International Intellectual Property Alliance]. Complete text of the letter and signatures can be viewed at www.copyrightalliance.org/letter.

International Authors’ Forum Meeting Calls for International Cooperation and Communication

Fri, 23 Oct 2009 00:00:00 PDT

International Authors’ Forum Meeting Calls for International Cooperation and Communication Coinciding with the 2009 IFRRO [International Federation of Reprographic Rights Organizations] Annual General Meeting in Oslo, Norway, an International Authors Forum was held in Oslo on Tuesday morning, October 20. The meeting focused on media concentration, authors’ rights and contracts. These are the very same issues the Graphic Artists Guild has promoted in the United States since its inception in 1967 and why the Guild was present at the meeting. Speakers addressed “the growing usage of unfair contracts for authors in all parts of the world,” “the lack of opportunities for co-operation between authors groups both nationally and internationally,” and “the need for a global international organizational network representing authors.” Representatives from 60 authors and creators organizations, mostly from North America and Europe, attended. Mats Lindberg of BUS (the Visual Arts Copyright Society in Sweden) organized the meeting, and Trond Andreassen of NFF (the Norwegian Non-fiction Writers And Translators Association). Helge Rönning of Kopinor (the Norwegian Reprographic Rights Organization) spoke on the ways in which media is concentrating in the literary field. Bernt Hugenholtz, an intellectual property attorney in the Netherlands, spoke on boiler-plate contracts used by media conglomerates and the prevalence of all-rights and work-for-hire contracts. The group also discussed formulating an “official” position statement calling for authors and creators groups to communicate with each other and educate their membership about all-rights contracts, work collectively towards more fair contracts with publishers, and educate consumers about the importance and value of copyright to the livelihood of creative professionals. Graphic Artists Guild National President John Schmelzer and National Advocacy Committee Chair Lisa Shaftel attended. The group agreed to meet again next year, in conjunction with the 2010 IFRRO Annual General Meeting. The Graphic Artists Guild has been a member of IFRRO for more than a decade, and has worked with them to facilitate the rights and concerns of artists around the world.

Graphic Artists Guild Files Objections to Google Books Settlement

Wed, 9 Sep 2009 00:00:00 PDT

NEWS For Immediate Release September 9, 2009 Contact: Patricia McKiernan 212- 791-3400 ext. 15 Graphic Artists Guild Files Objections in Google Books Settlement NEW YORK – The Graphic Artists Guild joined several other visual arts rights holders’ trade groups and prominent individual photographers in filing objections to the $125 million class action settlement with Google Books for copyright infringement. The papers filed with the New York District Court last Wednesday seek to deny approval of the settlement, throw out an earlier complaint that excluded artists from settlement terms and request a new legal counsel and class representative be appointed to represent the interests of those filing the objections in the matter. Among the group’s most ardent complaints is the lack of any compensation now or in the future for most visual arts works contained within the books Google digitized without permission, the settlement’s potential to set market prices far below already depressed valuations, and the breach of fiduciary duty by class counsel. In addition to the challenges made in the documents, Guild President John Schmelzer says that many Guild members believe Google’s “steal first, pay later” strategy is a strong-arm negotiation tactic designed to minimize cost for the Internet giant believed to be worth about $150 billion. The group filing the documents includes the American Society of Media Photographers, the Picture Archive Council of America, the North American Nature Photographers Association and distinguished photographers Joel Meyerowitz, Dan Budnik, Pete Turner and Lou Jacobs. Collectively, they represent the entire class of visual arts rights holders whose work was arbitrarily seized without compensation and whose legal representation was then withdrawn from the settlement process without notice. Visual arts rights holders whose work is within the digitized books had been part of the class action suit against Google since June 2006. However, when the Second Amended Complaint forming the basis of the current settlement was filed in October 2008, visual arts rights holders were suddenly and mysteriously excluded. No notice or rationale was ever provided for the abrupt alteration, which now gives province only to visual arts rights holders who are also the written authors of the book, e.g. children’s books or photography books. The redefinition of the wronged visual arts rights holders’ class became the basis for the Guild and others to claim that current counsel had abandoned its fiduciary responsibility and to ask for different representation in the case. Since visual arts rights holders have exactly the same copyright protections and rights as others who are party to the settlement, failure to recognize and preserve artists’ rights will do unprecedented harm to the visual arts rights holders industry’s ability to defend their rights in the future, the documents contend. The practical effect will be a de facto ceiling for compensation by infringers such as Google and others anywhere in the world. This is a dangerous precedent for individual creative people or small groups of people who already have a distinct disadvantage when bargaining with large corporate entities for fair pay. At least 42 groups and individuals have withdrawn from, or sought to object to, the Google Books settlement that not only denies visual arts rights holders’ compensation for the initial acquisition of work, but also precludes any collection of royalties or damages for future use or theft. The settlement provides $45 million for the establishment of a Book Rights Registry that will collect and pay revenues for the use of work of those included in the agreement. Classes not named in the settlement, such as most artists and photographers, would not be eligible for this compensation mechanism. “After hearing the particulars of this settlement at the intellectual property conference where the agreement was announced,” Schmelzer said, “I asked the Authors Guild’s attorney whose pocket the visual artists share would be coming out of - the writers' and publishers', or Google’s, and which of the parties would we have to sue to get that share. The answer appears to be that there was no consideration given to the visual components of the copied material in the settlement. All parties should be ashamed." “Digitizing books, especially old and out-of-print books, to provide greater access for people around the world is a noble idea. However, there are intellectual property rights involved in such an endeavor, and copyright laws were shamelessly disregarded. Google’s approach of, ‘It’s easier to beg forgiveness than to ask to permission’ is despicable,” Lisa Shaftel, the Guild’s National Advocacy Chair, said. Schmelzer and others in the Guild suspect the entire incident has been a negotiation tactic of “steal now, pay later” in which the power of the rights owner is severely diminished from the outset. It’s difficult, if not impossible, to demand full payment for something the payer already has in their possession, which is why the group is petitioning the court for relief. Guild Executive Director, Patricia McKiernan, said, “Infringement is a major issue for our members and all visual arts rights holders. If this agreement goes forward, the likelihood of negotiating a fair and just compensation for infringement will no longer exist. This settlement would set a precedent that would harm a vital and important class of creative authors.” The following documents were filed by the group: Plaintiff’s Objection Brief Exhibit A, Plaintiff statements of objection Exhibit B, Identifying the Plaintiff organizations Exhibit C, Original class action complaint Exhibit D, First amended class action complaint Exhibit E, Second amended class action complaint

No Orphan Works News

Wed, 24 Jun 2009 00:00:00 PDT

There have been a number of accounts on the Internet and elsewhere reporting that passage of Orphan Works (OW) legislation is imminent. The Guild’s contacts on the Hill are extensive and constant. We have been assured by Congressional staff that no OW bill is imminent, nor is it expected in the near future. We will continue to monitor the situation and keep you posted

Guild Testifies on Unincorporated Business Tax in NYC

Thu, 30 Apr 2009 00:00:00 PDT

On Tuesday, April 28, at 1:00PM, the Guild’s Executive Director, Patricia McKiernan, testified before the New York City Council’s Committee on Small Business regarding the city’s Unincorporated Business Tax (UBT) and its effect on small businesses. The Guild testified in conjunction with the Freelancers Union asking that tax be changed and/or restructured. As many in New York City know, the UBT places a 4% tax on the personal and business income of graphic artists and other freelancers and sole proprietors, something the Guild and the Freelancers Union deems unfair and inappropriate. Below is the text of Tricia’s testimony. Testimony of Graphic Artists Guild on the Effect of the Unincorporated Business Tax on Small Businesses and Sole Proprietors New York City Council Committee on Small Business April 28, 2009 My name is Patricia McKiernan and I am the Executive Director of the Graphic Artists Guild. The Graphic Artists Guild is a national artists union that embraces creators at all levels of skill and expertise, who produce art intended for public use. The mission of the Guild is to promote and protect the economic interests of its members, to improve conditions for all creators and to raise standards for the entire industry. Its core purpose is to provide a community that empowers and enriches its members through collective action. Active in legislative issues important to the visual arts community, the Guild is the artists’ advocate and source for important industry information. Founded in 1967, the Guild celebrated its 40th Anniversary on November 2, 2007. Its Handbook: Pricing & Ethical Guidelines is now in its 12th edition. The Handbook is considered the “industry bible” in the United States and includes model contracts; a chapter of resources and references; job descriptions and salary information; pricing surveys, as well as chapters devoted to business practices; graphic design; illustration; web design; surface design; and, cartooning. The book is published every two years with updated content; the 12th edition includes updates in licensing, animation, and environmental design. The Guild’s current national membership is 1,100, with 400 of those members living in the New York City area. The New York Chapter is the largest Guild chapter and one of its most active. The majority of graphic artists are freelancers. According to the US Department of Labor statistics, 62% of artists and related workers are self-employed. Many graphic artists become freelancers out of necessity. Graphic art services are usually the first to be cut from a business on an in-house basis and the most likely to be outsourced to a freelancer. In the current economic climate, the number of freelancers is expected to increase. New York is a mecca for artists and artists have helped to establish New York City’s status as the nation’s creative capital. Creative workers are essential to New York City’s economy. From the moment you get up in the morning, your day is influenced by graphic artists. A graphic artist’s job is to translate society’s ideas and messages from the market to you. Your sheets were designed by a textile artist; so are the fabrics you wear. Your morning paper or TV news program was formatted by a graphic designer or broadcast designer. The book or magazine you read as you commute to work has a title design and illustrations created by artists or photographs shot by a photographer. The logos, letterheads and brochures you see at work present a visual image that adds to the messages you are receiving and were created by a graphic artist. Every product of our society is dependent upon the work of a graphic artist in order to convey its message to you. Requiring graphic artists to pay the Unincorporated Business Tax is an unfair double tax on NYC’s creative class. There are already so many financial challenges to living in NYC today, that to continue this tax for independent workers amounts to a an additional slap in the face to graphic artists by making them victims of an imprecise tool designed to capture a different group. When the UBT was created in the ’60s, it was designed to collect revenue from businesses structured to sidestep corporate taxes. It was never intended for the city’s graphic artists whose businesses are not structured to sidestep corporate taxes. They are part of this city’s middle class and the middle class in this city are finding it increasingly difficult to survive living in New York. Freelancers paid more than $162 million to New York City in UBT taxes last year, but this tax actually drains millions of dollars a year from our creative economy by placing a 4% tax on the business and personal income of graphic artists and they receive little in return for the expense. Although they pay business taxes, graphic artists receive none of the benefits conferred on corporate taxpayers. They are not considered employees by the state so they are denied unemployment insurance and cannot file unpaid wage claims. Unfortunately, if a freelance graphic artist is not paid by a client, the only viable option is to sue that client in small claims court and even then there is no guarantee of receiving payment. It puts their wage earning capacity in a weird limbo with little to no recourse of receiving a fair wage. By subjecting them to the UBT, the city re-enforces that graphic artists are not treated fairly in terms of earning a fair wage. The world has changed and our laws have not. It’s time to change that and by taking the lead in changing the UBT, New York will ensure it remains a destination for graphic artists to live and work here. The independent workforce deserves equitable tax treatment. At a time when New York City’s creative class is struggling more than ever, it’s time to re-focus the UBT on its original target: high-income partnerships and other businesses not subject to corporate taxes. Exempting independent workers from the UBT will nurture this vital employment engine during the recession and sustain the city’s status as a cultural capital by removing one of the major obstacles facing the creative workforce. I urge the City Council to help repeal the Unincorporated Business Tax for sole proprietors, which will demonstrate your commitment to sustain our City’s creative workforce. Contact information: Patricia McKiernan Graphic Artists Guild 32 Broadway, Suite 1114 NY, NY 10004-1612 212-791-3400, ext 15 Fax: 212-791-0333

Extension of the Opt-Out Deadline on the Google Book Search Copyright Settlement

Thu, 30 Apr 2009 00:00:00 PDT

The US Federal Court has extended the "opt-out"/objection deadline from May 5, 2009 to September 4, 2009. The change in the Opt-Out Deadline has caused the Final Fairness Hearing date to be rescheduled, from June 11, 2009 to October 7, 2009. All other dates in the case will remain the same. Below is the text of the full press release. Important Deadline Extended in Google Book Search Copyright Settlement New York, NY – The federal court overseeing the Google Book Search Copyright Settlement today extended the Opt-Out Deadline in the case from May 5, 2009 to September 4, 2009 (the “Extended Opt-Out Deadline”). The Extended Opt-Out Deadline is the new date by which class members must decide whether to remain in the Settlement Class and receive the benefits of the Settlement, object to the Settlement, or opt out of the Settlement. The change in the Opt-Out Deadline has caused the Final Fairness Hearing date to be rescheduled, from June 11, 2009 to October 7, 2009. This is the new date of the hearing for the court to consider whether to grant final approval of the settlement. All other deadlines and key dates in the case remain the same, including May 5, 2009 as the date on or before which a book must have been scanned in order to be entitled to a Cash Payment. Online claims-filing and detailed information about the Settlement are available at http://www.googlebooksettlement.com in 36 languages. ##### Contact: Counsel for Author Sub-Class: Michael J. Boni and Joanne Zack, Boni & Zack LLC, Bala Cynwyd, PA, 610-822-0200, http://www.bonizack.com, bookclaims@bonizack.com