ADCMW Code of Fair Practice

1. Orders to an artist/studio should be in writing and should include the price, delivery date and summarized description of the work. In the case of publications, the acceptance of a manuscript by the artist constitutes an order.

2. All changes and additions not due to the fault of the artist/studio should be billed to the purchaser as an additional and separate charge.

3. There should be no charge for revisions made necessary by errors on the part of the artist/studio.

4. Alterations to artwork should not be made without consulting the artist/studio. Where alterations or revisions are necessary and time permits and where the artist/studio has maintained the usual standard of quality, the opportunity of making such changes should be given.

5. The artist/studio should notify the buyer of an anticipated delay in delivery. Should the artist/studio fail to keep the contract through unreasonable delay in delivery, or nonconformance with agreed specifications, it should be considered a breach of contract by the artist/studio and should release the buyer from responsibility.

6. Work stopped by a buyer after it has been started should be delivered immediately and billed on the basis of time and effort expended and expenses incurred.

7. An artist/studio should not be asked to work on speculation. However, work originating with the artist/studio may be marketed on its merit. Such work remains the property of the artist/studio unless paid for.

8. Art contests [Proposed addition: asking for the submission of original concepts,] except for educational or philanthropic purposes are not approved because of their speculative character.

9. There should be no secret rebates, discounts, gifts, or bonuses to buyers by the artist/studio.

10. If the purchase price of artwork is based specifically upon limited use and later this material is used more extensively than originally planned, the artist/studio is to receive adequate additional remuneration. [Proposed addition: Copyright resides with the artist/studio and only specific usage is granted unless otherwise negotiated. (New) Turning over mechanicals or electronic files to clients is not approved unless separately negotiated.]

11. If comprehensives or other preliminary work are subsequently published as finished art, the price should be increased to the satisfaction of artist/studio and buyer.

12. If preliminary drawings or comprehensives are bought from an artist/studio with the intention or possibility that another artist/studio will be assigned to do the finished work, this should be made clear at the time the order is placed.

13. The right of an artist/studio to place a signature upon artwork is subject to agreement between artist/studio and buyer.

14. There should be no plagiarism of any creative artwork.

15. If an artist/studio is specifically requested to produce any artwork during unreasonable working hours, fair additional remuneration should be allowed.

See also Work for Hire and ADCMW Trade Customs.