The Iranian Graphic Designers Professional Code of Conduct

Written in Farsi and English, for Iranian Graphic Designers Cooperative on September 1993. Later in June1994 it was adopted by Iranian Graphic Designers Society as a main official document.
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Introduction

The Iranian Graphic Designers’ Society (IGDS) has, from the outset of its creation, been fully aware of the importance of a Code of Conduct, a set of principles and guidelines for the profession of graphic designing, that would be compatible with the general conditions of the country.

According to Note 4-5of the Articles of Association of the Society, acceptance of the contents of the Code of Conduct is a necessary condition for membership. Thus, a few months after the first General Assembly, a Committee was formed and assigned by the Board of Directors with the task of formulating such a Code. It was to be based on those of other professional societies worldwide, taking into account the principles special to the profession of graphic design and such issues as the mode of work, and the manner of ordering work, in Iran. The professional “Code of Conduct for Iranian Graphic Designers”, which has seven sections, as given below, was prepared by July 1998. It was submitted to the Board of Directors and was ratified in September of the same year.

The seven Sections of the Code are

Objectives
“Definitions of “graphic design” and “graphic designer
Obligations of graphic designers before clients and principals
Designer’s rights and intellectual property
Obligations of the designers before one another
General conditions on holding contests
Obligations of designers before the society.

Objectives

The foremost objective of the present Code is to establish a relationship between the client and the designer, based on understanding and logic/common sense. And this must apply to all the areas of visual communications. The rules and the professional standing of the designers must be specified and supervision must be carried out to ensure that they are observed. In this way not only there will be a correct and mutually satisfactory relationship between the graphic designers on the one hand and the society on the other, but it may also bring about proper and desirable relations among colleagues, employed designers, employers, clients and other social bodies. Furthermore, it may develop a proper and firm context for sound and constructive competition among the designers. This would eventually lead to the enhancement and growth of the profession and improvement in graphic design works throughout the country.

Needless to say, each designer may make certain adjustments to suit his/her particular needs which he/she may reflect in written contracts with the clients.

In general, graphic designers receive orders for work in two ways: Either the client is also] the end user of the work and places the order directly – in which case he is known by the present Code as the Client - or the order is placed with the designer indirectly through an intermediary, under a contract or some other form of agreement. The intermediary may be a publisher, an advertising agency, a cultural or art institute, design, studio, art director … Such a client is know here as the Principal. Most of the general principles here given

[.may be applied in both cases “Definitions of “graphic design” and “graphic designer”]

According to the Society’s Articles of Association, a “graphic design” is a suitable visual solution that facilitates communications as needed by the society.

A “graphic designer” is a real person who continually and regularly is involved in graphic designing. The Articles of Association identifies the following areas of graphic design: design and lay-out of pages, design of logos, letter-heads and stationery, design of packages, design of posters, advertising designs, type of design, animation, illustration, caricature design and design of street and environmental graphics. Also included in the class of graphic designs are graphic designs for new media such as multi-media and computer networks.

Obligations of designers before clients and principals

The first professional obligation of the graphic designer is paying attention to the needs of the client or principal. But, the graphic designer like any other specialist, in his engagement in professional activities has obligations before the society and his colleagues - ie all the other graphic designers - apart from his obligations before the clients and principals. The members of the Society should be seriously bound to its principles and obligations and should carefully observe them.

The first condition for satisfactory relations between the designer and the client or principal is that the graphic designer must be fully aware that by accepting the work, he/she has declared to be capable of doing so and to have the competence that is needed for performing the work. He/she must pass through all the necessary stages of the work with a professional approach and integrity, showing complete competence to the final stage of completion of the work. Having complete confidence in the designer and relying on his/her professional integrity & expertise, the client/principal, in many cases divulges to him/her particular or confidential information. The graphic designer is forbidden to use such information other than as required for the work.

Normally the graphic designer’s income is derived through his/her fees, consultancy charges, wages or salaries, a percentage of expenses… All designers must, after becoming familiarized with the work required at the time order is given, use notes, in the first session, to make an accurate and complete description of the order. He must then present this to the client/principal together with his cost estimation, all in writing. In this way the client or principal will have sufficient time to review the designer’s understanding of the work and to correct it if necessary. Indeed, the work begins after this exchange of ideas which should be presented in writing and confirmed by the client/ principal, as far as possible. From this stage onwards, an official estimation, an order form, a pro forma invoice, an invoice, a contract … shall pass hands and the work shall officially begin.

It is strongly recommended to professional graphic designers that, irrespective of the value of the work, they should not engage in the performance of any work, before some written document is concluded. This can be in the form of a pro forma invoice, an estimate of costs, an order issued by the client/principal or a proper contract signed with the client/principal. The Society recommends in particular to the members that, when presenting the work to the client or principal – be it in the form of a preliminary, semi-finished or finished design – and at the end when the work is being delivered, they should ensure that some form of a dated confirmation is received from the client/principal as to the work performed by them.

Usually graphic designers receive the views and comments of the client/ principal, at the various stages, as footnotes on the proposed design. Keeping such remarks is problematic. It is recommended that special confirmation forms be prepared and used. The form must have sufficient space for the title, date of commencement of the work, the client’s/ principal’s comments, and the date and signature of the client/principal, for each stage of the design up to the final delivery. At the end, this form, together with the comments and signatures on it, can be .attached to the relevant contract and thus filed

The execution or implementation of each and every modification, which becomes necessary through the designer’s misunderstanding with respect to the subject of the design, will be the designer’s obligation. The designer will have no right to any remunera- tion for revising/modifying the work.

The designer is obliged to complete and submit the work on the agreed time. Should he/she fail to meet this obligation, he/she shall be obliged to inform the client/principal prior to the expected date, and to give adequate explanations. On the contrary, should the delay be caused by the client’s/principal’s failure to give necessary information or confirmation, the designer shall have no obligation.

When a member is in the process of surveying the various professional organizations, such as agents, producers, suppliers, contractors… in order to make recommendations to client/principal as to the suitability of such organizations, he has no right to accept any discount, gift, proposal of payment etc. Indeed, he is expected to report to the client/principal such proposals made by a third party to him/her. It is recommended to the members that in such circumstances they should act in such manner that if a dispute should arise between the client/principal on the one hand, and the service providing entities on the other, the designer would be in a position and eligible to act as the arbitrator, if required.

Whenever the member graphic designer undertakes a work up to the final stage of printing, he may accept, when he refers to printing-houses or other pre-press services companies, the special deductions which graphic designers are given as members of the family of the printing industry and the press.

Designer’s rights and intellectual property

The client/principal must fully pay the fees for any finished work, and for any work left incomplete he must pay in proportion to the work done up to that stage. The Society recommends to the members, as indeed to the designers in general, to include a provision in the agreements clearly setting out this condition.

The first condition for satisfactory relations between the designer and the client or principal is that the graphic designer must be fully aware that by accepting the work, he/she has declared to be capable of doing so and to have the competence that is needed for performing the work. He/she must pass through all the necessary stages of the work with a professional approach and integrity, showing complete competence to the final stage of completion of the work. Having complete confidence in the designer and relying on his/her professional integrity & expertise, the client/principal, in many cases divulges to him/her particular or confidential information. The graphic designer is forbidden to use such information other than as required for the work.

Normally the graphic designer’s income is derived through his/her fees, consultancy charges, wages or salaries, a percentage of expenses… All designers must, after becoming familiarized with the work required at the time order is given, use notes, in the first session, to make an accurate and complete description of the order. He must then present this to the client/principal together with his cost estimation, all in writing. In this way the client or principal will have sufficient time to review the designer’s understanding of the work and to correct it if necessary. Indeed, the work begins after this exchange of ideas which should be presented in writing and confirmed by the client/ principal, as far as possible. From this stage onwards, an official estimation, an order form, a pro forma invoice, an invoice, a contract … shall pass hands and the work shall officially begin.

It is strongly recommended to professional graphic designers that, irrespective of the value of the work, they should not engage in the performance of any work, before some written document is concluded. This can be in the form of a pro forma invoice, an estimate of costs, an order issued by the client/principal or a proper contract signed with the client/principal. The Society recommends in particular to the members that, when presenting the work to the client or principal – be it in the form of a preliminary, semi-finished or finished design – and at the end when the work is being delivered, they should ensure that some form of a dated confirmation is received from the client/principal as to the work performed by them.

Usually graphic designers receive the views and comments of the client/ principal, at the various stages, as footnotes on the proposed design. Keeping such remarks is problematic. It is recommended that special confirmation forms be prepared and used. The form must have sufficient space for the title, date of commencement of the work, the client’s/ principal’s comments, and the

The original work, the right of printing, as well as the intellectual property always remain the properties of the designer. In fact at the end of completion of each work the client/principal is only sold the right to use the work by reproduction (copying), publication and distribution for a specified number of times or during a specified period of time. But if otherwise agreed, it must be made specifically clear in the contract that the designer transfers or totally assigns his/her rights in the work to the client/principal, permanently.

It is recommended that no change should be made in the work without the prior written consent of the designer. Should some change or modification become necessary the client/principal must give sufficient time to the designer to do so.

Obviously any change/modification that becomes necessary as a result of a change 4-4- of mind on the part of the client/principal, shall be considered as extra work whose costs must be borne by the client/principal.

Whereas the intellectual property and the true ownership of the originals of the 4-5- works belong to the designer, the Society strongly recommends to the members not to transfer these natural rights to any other person. Since a single designer or a number of designers may create a design, in both cases it is strongly recommended that the name or signature of the designer(s) be printed below the work or in the attached pages where the authorities in charge of the relevant book or publication are listed (in imprint pages or column), thus automatically preserving their legal rights. In case the designer(s) create(s) a work while in the employment of an institution, or a graphic studio, the institution or studio must certify the fact; otherwise the designer’s claim will not be valid.

The Society strongly recommends to its members to receive some form of confirma tion from the client/principal at the time of completion of the work. It also equally recommends to those of its members who are employed in studios or design institutes, to receive formal certification from the person in charge or from the art director, as to the work having been done by the designer in question. He should guard the certificate in the file on the work.

Should the ownership/authorship of any work be for some reason unclear or 4-6- doubtful or should a work be misused by another graphic designer, thus giving rise to misunderstandings among two or more members, for the Society to review the case, it would be necessary to have written certification regarding the work performance, from the client/principal, employer, the institute or studio, directly referring to the particular work. In such cases, contracts, awards, letters of appreciation or administrative-financial documents may not be necessarily sufficient documents as it is possible that the client/principal may have, simultaneously and without the knowledge of the designers, entered into negotiations and work arrange- ments with several people.

The Society strongly recommends to its members that, as far as possible, they should include the provisions of this section (4) of the Code in their contracts with clients/principals.

Designers’ obligations before one another

Should a complaint be made by a member, to the Society and proved to the Committee on Review and Settlement of Professional Designs to be valid, that another member has willfully presented someone else’s work as his/her own, intending to misuse the work to his own advantage, his membership in the Society will become totally questionable.

Adopting someone else’s ideas or works to present as one’s own, i.e. copying (plagiarism), is an action void of integrity and detrimental to the profession of graphic design. Therefore, the Society prohibits all members from such action. Naturally, one cannot always condemn a work as direct copying simply because of similarities. One can point out to five categories of such innocent similarities: First – when a designer is naturally impressed by the work of other designers/artists. Second – Use of details and elements from the works of known artists to create new composition with considerable change and intervention to give a completely different meaning. Third – Intentional imitation of the works of past artists to recreate the atmosphere of those times or those characters. Fourth – Unintentional similarities in the works of a number of artists working in different places and times without the knowledge of any of them. Five – Adopting a part of the work of an artist or repeating his style in order to pay homage to that artist. All such cases are different from direct copying or plagiarizing or misuse of other peoples’ ideas and thoughts to one’s own benefit, despite similarities. The latter always involves an opportunistic, selfish attitude.

Whenever the client/principal asks several independent designers to work on a 5-3- project simultaneously, if this invitation to work is caused by the large volume of the work, then each of the designers must receive his fees in full; and there is no objection. However, if the designer feels that he has been invited so that he will replace another designer already engaged on the job, he should not accept the order unless the client/principal settles his agreements and the accounts with the previous designer. In the Society’s view no member may, knowingly, seek to replace another designer in the middle of a job even if, in his opinion, the work is not proceeding satisfactorily.

Should a graphic designer be asked to act as consultant in judging the work of 5-4- another designer, he/she must take care not to express his views in a way that would be derogatory to the other designer or cause him material harm, or damage his reputation. Members of the Society must take utmost care when commenting on the works of other designers. They must always be aware that there is great difference between constructive criticism and damaging faultfinding. The Society will not tolerate professional backbiting or insults on the part of any member concerning any other. Should a member become subject to derogation by another member and suffer losses/damages as a consequence, the Society shall, by all its means, protect the former.

The Society recommends to the members that they contact the experts and legal advisers of the Society before they announce in writing any judgement/comment on the work of another member or designer.

Every member is entitled to remuneration for the work he performs either as actual 5-5- design work or consultancy services. Obviously the amount and method of payment vary depending on circumstances. In this regard every member is obliged to observe the principle that he/she should not attempt to overcome his colleagues by giving exceptional discounts or doing work free of charge. The Society considers it highly improper for a member to compete with and try to overcome his competitors by reducing the rates of the fees. On the other hand the Society supports and encourages healthy, constructive and creative competition among graphic designers and members based on professional skill, ability and effort which enhances professional quality in all areas.

The Society has issued an official tariff which should act as an effective guide for the (1 [ members with regard to financial matters and price setting. The members are seriously advised to refer to the tariff for base prices, when preparing fee estimations.]

The Society advises the members not to begin any work before negotiating with the 5-6 client/principal the question of fees and obtaining his/her written consent. It is highly unjustifiable to begin a work leaving the client/principal free to decide over the issue of fees, subsequently. The Society considers such action, ie working on speculation as a kind of gambling, a non-professional attitude that allows misuse and usually harms the designer. The Society does not recommend presentation of designs intended to be proposed, before negotiations and agreement over the fees. This approach not only is harmful and risky for the designer, but is also considered by the Society to be a form of non-professional competition that may have serious adverse consequences for the entire profession.

General conditions for holding professional contests

The members of the Society must, when participating in a contest, be it as a contest- 6-1- ant or a judge, ensure that the contest is being held according to the provisions of the General Conditions given here below:

The holders of professional contests must expressly commit themselves on five 6-2- issues, at the time of announcing the holding of the contest: I) introducing the board of judges/adjudicators and their substitutes; II) the dead-line when works can be submitted; III) the time and place of the announcement of the results and handing over of the prizes IV) the exact prizes that will be awarded to the first, second and third winners, V) the date and the manner of returning the works which have been: a) not accepted by the adjudicators and b) have been accepted in the contest and exhibition but not selected by the board.

The organizers of the contests may keep the works submitted, and that only for a[ limited period, in two cases: in case of those works which have been selected and those which have somehow found their way to the contest and its exhibition for the public. In either case the works may be kept for a specified and previously announced duration at the end of which they must be returned.]

The Society divides professional contests in general into three broad categories 6-3- according to which the level of the awards, the duration and method of keeping the works, how the works may be used for promotional purposes and the fees of the members of the adjudicating board, are determined

Professional contests organized by cultural-artistic institutions/organs with the aim of enhancing and promoting the profession.

Contests in which ultimately the selected works are intended to be used for some commercial, industrial or advertising purpose.

Contests in which ultimately the selected works are to be used for some non-profit making, public and social benefit purpose.

The Society is able to actively help the contest organizers, upon their request, in the 6-4- adjudication or as consultants or supervisors. However, those Society members who participate as members of the adjudication board or as judges must be duly paid reasonable fees just as is usual in all other professions. These fees shall be advised to the organizer and agreed upon prior to the contest, through a written estimate, a contract or otherwise as deemed fit.

In general, if a contest is on the whole in conformity with the General Conditions on 6-5- Contests as set out in this Code but differs from them in some details, the Society will support it. The Society prefers to support such contests and encourages its members to participate in them rather than refraining to do so because of slight discrepancies with the Society’s Code. This is because the Society wishes to encourage and develop sound professional competition.

Since most of the non-conformities are the results of the lack of knowledge by the[organizer as regards the relevant contents of the Code, the Society requests the members to advise the Society’s experts as to the conditions of such contests so that proper.]guidelines can be offered

Designers obligations before the society

Graphic design is one of the most useful and widespread professions. The works of 7-1- graphic designers have a temporary use for clients/principals, and they also facilitate visual communications and help shape the visual space and environment of the society. In their many forms, graphic designs have special practical uses as well as aesthetic and cultural- artistic applications. Therefore, the Society asks its members to pay special attention to their profession within the society, and accept it as a commitment that is in no way in conflict with the profession, but rather quite in harmony with it.

The Society is convinced that the works of good and capable graphic designers’ 7-2- should be used in all areas of visual communication. This is not only in the interest of the graphic design profession but it also improves and helps information transfer/communications in all spheres of social activities such as cultural affairs, advertising, trade and industry. Therefore, the Society advises its members to try any way they can, to introduce the graphic design profession to the society the best they can. This can begin with teaching the clients a few points and can extend to participating in research work or to general vocational training in education and higher education centers simultaneously with the designer’s professional involvement. It can also include promoting the profession through printing catalogues and brochures, organizing and participating in forums and seminars and other methods of information transfer. The thing to remember is that self promotional advertising must remain apart from prejudices and personal feelings and must be true and objective, observing the norms of the profession so that our colleagues are never harmed and our clients never confused.