A trailer from Eames: The Architect and The Painter. Watch now on PBS OR  Currently available to watch instantly on Netflix

The conflict was succinctly expressed by Designers Jeannine Oppewall and Tina Beebe (about 19 minutes in)

“When a product comes out, it’s a river. It starts at one point and it ends at another point. Many people jump into it along the way.” “Everybody contributes a small piece. But only if they go on after that to produce a stunning amount of work, I think are they capable of saying ‘I did this and this in the Eames office, with no credit’.”

This got me thinking about my own design experiences in a firm and where I am today as an independent creative. I realized that even today “Credit” is a common source of contention in architectural, photographic, and other creative communities.

So here I am, expressing my own understanding of this paradigm between employment relationships and “credit”.

The production of intellectual property (IP) as a service or physical good can fall under two categories.

Work For Hire      or       Licensed Work

What is Work For Hire?

An employment relationship which transfers all ideas and creations (intellectual property) from employee to employer.

A common practice for almost any employer and is often (if not always) the case at universities.
It is essentially, the working relationship that has built our economy. I give you money for your good or service and you get to buy something else with that money.

When it comes to architecture firms, news papers, advertising firms, manufacturers, etc., your contract will state that the work or ideas that you develop while working for said employer becomes the property of that company.

I’m honestly not sure when this “contractual” relationship developed over time but I think Don Draper and Peggy Olson from Mad Men illustrate the Work for Hire relationship perfectly in this "Come to Jesus" moment in "The Suitcase" Episode.

This type or “relationship” makes sense to a great degree for any business to succeed. A company or firm often invests thousands or millions to give you, the employee, an opportunity to develop your idea. They take all the risk if your idea doesn't work. They also need to protect that investment from simply going to the competition.

What if Johnny Ive came up with the design of the NEXT iRevolutionary product, then ran to another company and sold them the same design? Sure that cloned product might actually be horrible under the hood, but it could confuse consumers and hurt product sales.

In an architecture firm, it’s the principal(s) who is/are truly invested in the life or death of the firm and it’s work. They may have the most to gain but they also have the most to loose if a project fails to bring in more work. They also shoulder the liabilities if the project faces any legal issues from residents, contractors, or clients.

The continued success of that firm also relies on brand identity. Which is directly tied to completed work associated with the frim.

So what are the trade offs for a designer:

-The ability to use their talent to develop ideas.
-Receive a steady paycheck.
-Mobility of employment. As interests evolve or abilities outgrow current opportunities.
-Limited Liability associated with the completed project. That is unless they have stamped the drawings (in that case, ideally, there’s a higher level of pay for the associated risk).

Does that mean that workers don’t have the right to claim work as their own?

-Yes, if it damages either the reputation or sales of the current/former employer.
-No, if it is presented in agreement with the employer and in the context of the role played in it’s development. This is a common practice for designer in the form of a portfolio.

The difficult thing to realize however is that unless you are a principal or owner of a firm, you are likely in a Work for Hire relationship.

While every employer looks at this differently, as an employee it’s vital to your own development as a designer/creative to negotiate the right to represent your work in an agreed upon manner. 

So what is Licensed work?

It is an agreement between a Creative and a Client where intellectual property is provided for specified use and duration, while the creative maintains the ownership.

In a less than esoteric example. It's like renting a pasture for cattle to graze on. In the end the cattle are fed by the grass but the land’s owner has the right to rent it to other herds. The better the pasture, the more it can be rented. However overuse the land and it won’t bare enough grass to support even one heard.

In photography, film, architecture, design and other forms of IP, the quality of an idea will have a certain value based on its market appeal and life span.

So why do independent creatives license their IP instead of transferring ownership?

Their cost of doing business is much higher than a direct employee. An independent creative must play the role of an employer for all business investments. Continued education, research, equipment, office space, etc. They also flip the bill for their insurances, taxes, and face liabilities on their own. 

In order for a creative to maintain independence and therefore be able to offer their services/goods to a client, they must maximize the return on their investment.

However most commissioned clients have a limited use and benefit from their desired product.
A photographer for instance, will be able to find several markets for a single image. Take this image for instance of Reflections Condominium Towers in Bloomington, MN.

It could be used by the direct creators of the project. The designer, architect, builder, glass manufacturer, etc. all stand to gain new projects by marketing this project.

It could also be used by a realtor, a chamber of commerce, a landscaper, a magazine for an editorial about sustainable practices. You get the idea.

Each of those additional parties all have limited markets the image will appeal to and appear in front of. So their potential benefit for its use is limited to that market. If I however licensed it to all those parties at once, the market may either be saturated and the images power may become reduced.

A photographer, will therefore charge an initial “creative fee” based partially on the potential markets for additional relicensing opportunities.  They may or may not realize those returns, but the ability to have that option extends their ability to lower the initial cost to their commissioning client.

The more restrictions and/or uses a client wants for an image, the more opportunities are removed from a photographer. Which means their creative fee or licensing fee will be modified to reflect that.

Speaking of market saturation.

Creatives of all types are now experiencing the effects of “Social marketing”. A primary client may intend to only license the image for a single online use, and it will be picked up by personal blogs, friends, pinterest, twitter, facebook, Google+ and any variety of other “fair-use” forms of distribution. This type of saturation allows commercial entities an easy albeit unethical form of copyright infringement known as “link-backing”. This affects the ability to re-license work, however correct attribution MAY drive future commissions.

Where do I stand on Social Marketing and Fair-Use?

My advice to my clients is this. Always watermark your images. It doesn’t have to be MY watermark, but there should be SOME company watermark.

It needs to be tasteful and subtle, but it needs to be there. Why? Because the image that you licensed from me will have no tangible return if your potential clients don’t know who created the project to begin with.

If it brings YOU more work, then I hope that it brings ME more work.

The hardest thing to do however, is get a true apples to apples comparison while also sorting out hype and rumor. When it comes to High End professional equipment, the other thing you have to do is filter out a company's own marketing pitch.

That is why I am extremely pleased to have come across this very well made demo of the 5DmkIII, from Canon France. 

I give this demo film from the 5DmkIII a huge two thumbs up.

As someone who films more architectural subject matter than fast action/crazy race/fast moving features, I really appreciate the assortment of views of essentially the same subject matter as it changes over time and in various lighting conditions.

There were so many things to appreciate about this demo. The shift in scale. Exploring exploring multiple fascist of the striking color, skin tonality and texture. Additionally they seemed well aware of including multiple surface types. All with varying levels of reflectivity, specular, and material composition. ALL of that let me really understand a camera system’s potential for image making.

While I don't appreciate the bump in the price tag, I can really feel connected to the potential I can squeeze out of this camera. 

It used to be, that when you went to a book repository, you had to look up a book in a catalogue or index, then go up to a librarian and then make a request for them to retrieve it for you.

In 1965 the Tulsa City-County Library reformed reformed our idea of what a library is. Becoming one of the first in the nation to the first in the nation to use today's standard of browsing books in an "Open Library".

Today, the library continues to serve all members of the community. Serving as a gateway to resources that anyone can access. Students young and old, families, community groups, entrepreneurs, and large businesses.

As our culture continues to evolve in the way we learn, consume information, and gather as a community, this video unveils the concept design of the the architects of MS&R Meyer, Scherer & Rockcastle, Ltd. (www.msrltd.com) and associate architect Crafton Tull Associates, Inc., look to reinvigorate Tulsa City-County Library for the next 50 years.

In next week's post we'll go deeper into the production of this film.

Every other Wednesday I'll have a post about one of the following:

• Architecture News
• Photography News
• Current or Recent projects in design or photography
• Updates on ongoing work (when I can talk about it)

  Pinterest

The best way to get a feel for my style, inspirations, and character.

  Twitter

I follow mostly architects, photographers, and members of the tech community. I have a few followers but it's more a way for me to keep my ears open about current events in those fields. I Retweet only what grabs my attention.

  LinkedIn

I copy posts or update LinkedIn specifically with news that relates closely to work opportunities or business news.

  Vimeo

If you are really obsessed with me, you can see works as published and my 'likes' from other film makers.

There are times when I catch a chance to review my own work. Time to reflect on the way it's being presented back to the world and little windows of time to clean things up a bit.

Today marks the launch of the redesign of the website you see before you.

Main differences:

Simplicity over "details".

The new design reflects this simple philosphy: I'm a architectural photographer and designer. This is what I've done. How can I be of service?

The new Gallery:

As time has progressed, I've developed more work in motion (you know film/video/moving pictures). The new portfolio gallery has been organized to reflect the majority of my client base. Architects and Architectural Product Manufacturers.

Design:

While 90% of my work consists of photograph and short films, I get a few request every year to provide a little design consulting work. This portfolio of work, still represents my past as a full time designer.

About:

I've decided to ditch the egocentric "about" page. Instead, everyone is familiar by this point with Linkedin, and Twitter. These are great sources of information alone about who I am and what I'm up to currently. Add in a few bulletin boards from Pinterest and you also get a very quick snapshot of my personal interests, inspirations, and what excites me professionally.

Request for Bid (R.F.B):

I'm presently accepting a few new clients for 2012. The bid form has been simplified and polished to start a conversation about your project and how I can serve.

This year's videos give you a taste of what you'll find on the tour, as well as provide insight into the design process and relationships built between architects, builders, and clients. All of which are viewable on the HBA Youtube Channel.

Here are a few of my favorites.

This weekend, Sept. 17th and 18th from 10am-5pm you can visit 14 spectacular homes designed by Minnesota Registered Architects. I'll be there to meet visitors and get their impression of the tour, the homes, and tidbits from the Architects who will be at the homes they designed all weekend long.

If you're looking for me, this is my Route:

View HBA 2011 Tour in a larger map

D1 10:00-10:45 Home #2:
Habitat Architecture, Hamid Kashani10303 Bittersweet St NW, Coon Rapids, MN 55433
    
D1 11:30-12:15 Home #3
Landschute Architects 20260 Lakeview Ave., Deephaven, MN 55331
    
D1 12:30-1:15 Home #4
ALTUS Architecture + Design, Tim Alt 4016 Baker Rd., Minnetonka, MN 55305
    
D1 1:30-2:15 Home #9
Peterssen Keller Architects, Lars Peterssen20 Park Lane, Minneapolis, MN 55416
    
D1 2:30-3:15 Home #7
CityDeskStudio4108 Grimes Ave S., Edina, MN 55416
    
D1 3:30-4:15 Home #5
Quigley Architects, Tim Quigley5000 Arden Ave., Edina, MN 55424
    
D2 10-10:45 Home #14
SALA Architects, David O'Brien Wagner N1516 Pepin View Lane South, Pepin, WI 54759
    
D2 11:35-12:15 Home #13
SALA Architects, Eric Odor 6368 Oak Meadow Ln NW,  Rochester, MN 55901
    
D2 1:45-2:30 Home #10
David Heide Design Studio, Mark Nelson 977 Summit Ave., St Paul, MN 55105
    
D2 3:15-4:00 Home #11
Acacia Architects, Jeremiah Battles9533 Keswick Ave N.,  Grant, MN 55082
    
D2 4:15-5:00 Home #12
SALA Architects, Michaela Mahady 11775 102nd St N., Stillwater, MN 55082

I'm going to be hitting up pretty much every home that we didn't film as part of this years promo. videos. It's going to be a pretty jam packed weekend and I look forward to a day of rest with the family. I hope to see you out there.

Because of the nature of the project, it's helpful to show the historic images. However copyright law may come into affect when you want to republish an image.

Here's an exerpt from of an article on the topic from Standford University:

How long does a copyright last?

For works published after 1977, the copyright lasts for the life of the author plus 70 years. However, if the work is a work for hire (that is, the work is done in the course of employment or has been specifically commissioned) or is published anonymously or under a pseudonym, the copyright lasts between 95 and 120 years, depending on the date the work is published.

All works published in the United States before 1923 are in the public domain. Works published after 1922, but before 1978 are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years. However, even if the author died over 70 years ago, the copyright in an unpublished work lasts until December 31, 2002. And if such a work is published before December 31, 2002, the copyright will last until December 31, 2047.

Fair use is often used as an explination of republication without a copyright holder's permission but do you know what "Fair Use" actually entails?

acording tothe US Copyright Office,

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: 

• 1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
  2. The nature of the copyrighted work
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
  4. The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

In this case, the project is being produced for a not-for-profit entity who's primary purpose is the education of the public about architecture and representation of Architects. So this could be considered teaching, or scholarship. I don't believe it could considered as news reporting because the product I am working on is not part of a journal of record.

It's important however that I also consider that since I am a commercial enterprise, that if I publish it here on my blog, it could be considered advertising. If I put my logo on the video and it is used anywhere, that too could make it considered a advertisement.

So that leaves the necessity to verify the age of the original publication, but more importantly the original copyright holder.

For this project I was Director, Photographer, Editor, Audio Enigineer, and Graphics Editor. I thought that to be a bit much to include on a "Credit slide" so this is the only place you'll see it mentioned. Special thanks goes to the Julia Yager, Alissa Miller, and Jennifer Randolph and the entire staff of PRI, Joe Hamilton and Kim Batcheller from 20 Below Studio, and Chris Hudson from Architecture MN Magazine.

Pt. 1: THIS IS PRI (5m31s)

Designed by 20 Below Studio, PRI’s new home in Minneapolis’ warehouse district reflects PRI’s philosophy for collaboration and communication as well as their ability to uncover layers of a story through investigation and research.

Public Radio International, PART 1 from Architecture Minnesota on Vimeo.

Pt. 2: Why Move? (2m47s)

Evaluating their existing space and identifying it’s disconnect from their company culture, 20 Below and PRI identify the conditions driving the move to a new space.

Public Radio International, PART 2 from Architecture Minnesota on Vimeo.

Pt. 3: Working with 20 Below (2m16s)

Looking for an architect and an architect for a client, is a lot like dating. In this interview, we explore the attraction between PRI and 20 Below’s relationship.

Public Radio International, PART 3 from Architecture Minnesota on Vimeo.

Pt. 4: Visual Listening (2m04s)

20 Below Studio uses a key process to developing a shared language between them and their clients. This interview gives insight to how.

Public Radio International, PART 4 from Architecture Minnesota on Vimeo.

Pt. 5: Diagram Discussion (2m03s)

A way to evaluate options, spacial planning through bubble diagrams is explored during the programing phase of a new project. This can shift conversations and create consensus among diverse opinions.  

Public Radio International, PART 5 from Architecture Minnesota on Vimeo.

Want some project details?

Client: Public Radio International (PRI)

Architect: 20 Below Studio

Principal-in-charge: Joseph Hamilton AIA, CID

Project lead designer: Kim Batcheller Assoc. AIA, LEED AP

Project managers: Joseph Hamilton AIA, CID & Kim Batcheller Assoc. AIA, LEED

Project architect: Joseph Hamilton AIA, CID

Project team: Kim Batcheller Assoc. AIA, LEED AP (Project Designer); Mollie Drabik, LEED AP (Designer)

Lighting designer: 20 Below Studio

Interior design: 20 Below Studio

Construction manager: St. Paul Construction

General Contractor: Greiner Construction

Manfrotto Photo-Movie Head by Drew Gardner from Manfrotto on Vimeo.

Manfrotto Imagine More - Pro from Manfrotto on Vimeo.

I photographed this home and it's several applications of Jockimo's Antique Mirrors. This challenging set of spaces was documented while still under construction. However, you'd never guess from my photos.