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The work-for-hire contract is most predominant in the publishing industry. Characteristically this industry pays considerably less for artwork than advertising with it's higher money return. What isn't understandable is the demands, without negociation, insisted upon by many of the major publishers. For many illustrators, signing a work-forhire contraxt is mandatory to receive work from a publisher. In doing so the publisher receives the whole package of rights and control for an already low price. Illustrators have long enjoyed the less restrictive expression that publishing assignmentsoffer, but more and more artists are being forced to seek work elsewhere because of the work-forhire demands.

What the artists are asking for is the right to negotiate; to be paid in accordance with the use of the art. A workfor-hire contract is completly one-sided, needlessly instituted by an increasing number of art buyers. Most often the artists working under such a clause are doing so for survival in an already depressed economy. We are asking for a closer look at the work-for-hire clause, and a clear, fair definition of it's application.

Sincerely,

ORA. Shyfle

John A Lytle

President, S.F.Society of Illustrators

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THE 6 WAS SELECTED FOR SOC. OF ILLUS. ANNUAL 23
IT WAS EXHIBITED IN NY UNTIL MAR '82 WHEN

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MY REP IN N.Y. KIRCHOFF/WOHLBERG) REQUESTED
THAT THEY DISPLAY THE PIECES IN THEIR OFFICES.

IN MAY THE CREATIVE DIRECTOR JUSAN COULTON
CALLED SAYING SHE WANTED TO "MORGUE" THE
PIECE AND COULD SHE HAVE IT BACK. MY REP. HAD
TO WORK OUT A DEAL TO "BORROW" THE PIECE FOR
A YEAR. I DO SIGN WAH WHEN I GOT THE JOB.
I EXPRESSED OS APPROVAL OF THEIR ATTITUDE (#BJE)
BUT IN THE END WAS POWERLESS TO DO ANYTHING.

I. IN APRIL '82 / COMPLETED A JOB FOR HOUGHTON
MIFFLIN (BOSTON). GOT JOB THROUGH MY REP IN N.Y.
FINISHED BUT DIDN'T SIGN & RETURN THEIR
SEPARATE FROM P.O. WAH FORMS. I GOT PAIO
ANYWAY. THEY SENT ANOTHER JOB IN EARLY SEPT.
AND THIS TIME I CALLED AND SAID I WOULDN'T SIGN
WAH, BUT THIS WAS A SYMBOLIC PROTEST

TO THEIR ARROGANCE BUT REALIZED I HAD NO
RECOURSE. THE ART DIRECTOR ARCHLY

I OBJECTED

INFORMEO

16 SEPT 82

Illustrator 1537 Franklin St N0104
San Francisco 94109 (415) 885 2611
ROBERT GANTT STEELE

ME THAT NO

SIGN- No WORK

WAS THEIR KULE.

I HAVE NOT ACTED AS YET ON THIS. 1 WILL ETHER

SEND THE JOB BACK

UN COMPLETED OR SEND IT

BACK WITH THE WAH UNSIGNED, DELETED, OR

SUBSTITUTED WITH MY OWN CONTRACT.

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WORK

20-25% OF THE

VOLUME OF MY

IS THROUGH MY N.Y. REP. MOST OF THEIR CUENTS ASK WORK FOR HIRE AND ALL THEY REALLY CONCENTRATE ON IS PUBLISHING I AM LOSING INTEREST FAST IN THIS MARKET

BUT REALIZE

I HAVE TO BITE THE BOLLET TILL I CREAK WITH

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Artists in Print

Fort Mason Center

San Francisco, CA 94123 (415) 673 6941

September 23, 1982

Attn: Marty Kobren

Criminal Law Sub-Committee

Room 162

Russell Office Building

Washington, DC 20510

RE: WORK FOR HIRE SENATE BILL

Artists in Print is a non-profit membership organization for graphic artists. We are strongly opposed to the work for hire laws currently in practice.

Our organization, based in the Bay Area, serves over 1200 graphic artists throughout Northern California. A majority of our members are free lance artists, directly affected by the work for hire laws. These unfair laws put middle income artists in a financial and ethical bind. It is often hard, in such a competitive field, for the artist to turn down a paying job. However, accepting work for hire they are continually abused. For example:

1) Artists working usually on a low hourly rate have no control over publication of their work.

2) Publishers may reproduce the work without giving recognition to the artist.

3) Publishers may develop a large market profit that the artist does not share in.

4) There are no employee benefits available to the artist. With these conditions in practice, artists can enormously benefit their employers without recognition and only menial financial benefits.

In conjunction with the Graphic Artists Guild of New York and our own membership, we urge you to put a stop to these practices. We ask you to give the individual artists their rightful professional dignity and basic contractual control of their own work.

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OFFICERS

George P. Lutjen
President

James J. Marshall
1st Vice President
Glen K. Parker
2nd Vice President
David Swit
Secretary

Stanley I. Hartman
Treasurer

DIRECTORS
Shirley B. Alexander
Alexander Research and
Communications, Inc.
William F. Bland
William F. Bland Co.
Edwin Brown
Atcom, Inc.
Walter J. Cahners
Cahners Publishing Co.
William Donoghue
P&S Publications, Inc.
Alfred M. Goodloe, Jr.
Alexander Hamilton Institute
Denny Griswold
Public Relations News
William Haight
Magna Publications
Howard Penn Hudson
The Newsletter on Newsletters

Ken Kovaly
Technical Insights
George P. Lutjen

McGraw-Hill Publishing Co.
James J. Marshall

Government Information Services, Inc.

Glen K. Parker

Institute for Econometric Research

Stephen D. Pepper

Marpep Publishing Limited
Thomas L. Phillips

Phillips Publishing Inc.
Lawrence Ragan

Lawrence Ragan Communications

Tod Sedgwick Pasha Publications David Swit Washington Business Information, Inc. John D. Wills Capitol Publications, Inc. EXECUTIVE DIRECTOR Frederick D. Goss

S. 2044

October 12, 1982

The Newsletter Association of America (NAA) is an international non-profit trade association devoted to the interests of publishers of newsletters and specialized information services. NAA membership currently includes over 700 publishers who produce, collectively, nearly 2000 newsletters in the U.S., Canada and 15 additional countries.

NAA would like to take this opportunity to express our

opposition to S. 2044. We believe the apparent intent of

this legislation, to provide a "balancing" of interest of

authors and publishers with regard to copyright ownership,

has been satisfactory taken care of by the 1976 Copyright Act

which carefully restricts the categories of commissioned works
which may be treated as those "made-for-hire" and further
provides that in these circumstances such arrangements are
only permissible with the written permission of the author.
Newsletter publishers, with a handful of exceptions, are
small businesses by any definition. They do, on occasion,
make use of non-staff editorial resources as "stringers" or
"contract editors" on a "works-for-hire" basis. NAA submits

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