First, we should resolve the difference between work performed by an Independent Contractor versus Work-for-Hire. According to the United States Copyright Act of 1976,  “work made for hire” is— (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. (17 U.S.C. § 101). Work-for-Hire typically implies that any work created by a graphic designer as an employee of Company A, remains the property of Company A, not the designer. Occasionally Graphic designers are commissioned to perform Work-for-Hire but at a substantially higher rate (usually 300%) and when the terms and conditions are mutually agreed to in writing.

An Independent Contractor is commissioned because the work requires significant artistic skill. The Designer supplies her/his own tools, performs the work at her/his own office, works for a relatively short time on a project-to-project basis, and controls when, how or how long he/she works. Typically, in this arrangement, the client has no part in the Designer’s business practices, does not provide the Designer with employee benefits or contribute to his/her unemployment or worker’s compensation, and most importantly to Uncle Sam, the client does not treat the Designer as an employee for tax purposes. Independent Contractors work where they want, when they want, how they want and with whom they want. They pay self employment taxes and foot the bill for health insurance, technical maintenance, tools required for the trade, and provide a valuable service to their clients.

So, “why aren’t master files supplied to me, the client? That’s what I am paying for, right?” The short answer is no and here’s why:

1. You’re paying for the final product, not the tools to create that product.

When you contract a professional graphic designer to create and deliver a brochure, that’s what you will get for your money, a fully completed, fully thought out printable (or printed) brochure. You are not paying for the history, tools or layers used to create that brochure nor are you paying for the fonts and images contained within it. Think of it this way: if you went to the hardware store to buy a drill, you pay the cashier for the drill to take home and use as-is, not for the manufacturing trade secrets, right to the mechanicals and mechanisms or for the rights to take that drill, remove the brand sticker, replace it with your brand sticker and sell it to the public for profit.

2. There are third parties involved that you may be unaware of.

Every designer uses fonts, photos and graphic elements that are often the works of someone else. Designers spend a good amount of money (font licenses can cost anywhere from $25 to $600) purchasing licenses to multiple typefaces in order to offer you options that maybe you don’t already have and to create the perfect overall look for your collateral. We spend our capital to have access to stock imagery that must be purchased for use in your collateral. These tools are not our property but are the property of their respective creators, we have simply secured the right to use it to provide you with awesome designs. Because of this, it would be unethical and illegal for Designers to release those tools to you as we are not the copyright holders.

3. You likely don’t have the hardware or software to handle or manipulate the master files.

Graphic files can be very large and what I can open and manipulate with a fair amount of quickness with my heavy-duty machinery, could slow your equipment down to snail speed. Assuming that you have the proper software and can open the document, what are the chances you know what to do with it afterwords? Do you know how to change the text, what color space and resolution to use, how to format it for different mediums or how to collect it for submission to printers or vendors? There is a whole host of technical junk Graphic Designers have to learn and use everyday. We’ve already put in the time to learn the ins and outs, the technicalities and techniques, so why not just let us handle it and save yourself the headache?

4. We worry about issues with file types.

As designers we often keep track of multiple proofs, files and file types. For example, I may have a high res psd or tif file that I use for the artwork, a indd file I use for the text and layout, various files for import into InDesign, a few low res pdfs of various revisions, a high res pdf with trim marks for an offset printer, a high-res pdf without trim marks for another printer, a high res pdf with half-inch margins for in-house, inkjet printing, a low res jpg for web, and possibly several more. I know the specs, color space, technicals and use for each of these files and can easily send the one needed to various vendors if need be. What many designers worry about is that a client with all the files will erroneously and unknowingly send the wrong file, causing a headache for the client, the vendor and the original designer as usually we’re the ones who have to step in and remedy the situation. Also an issue is that if a layered file is supplied to a vendor who doesn’t have the same fonts or embedded images, the formatting and typeset can go very askew (i.e. the font will automatically change to a default font, ruining any formatting and the images will either show up as grey boxes or in low resolution and will not print properly), turning our hard work into a mess and making life harder for the recipient of the file and causing undue upset to the client.

5. If you have the software and technical know-how, why do you need a freelancer?

The simple answer to this is that most people don’t have the specific skill-set and/or talent to do the work or that they simply don’t have the time. If you are hiring a designer simply because you don’t have the time and are looking for someone to collaborate with, then the work is considered work-for-hire and would be handled as mentioned above. Similarly, if you are hiring a design professional for their creative and technical talents with the intent to use them for the concept and initial execution but not for derivative or future works of the concept, with the purpose of making future changes yourself, you would need to work out a Work-for-hire agreement between yourself and the creative. Unfortunately, many designers face the sad fact that there are people out there who want to pay them for a stellar concept without being completely forthcoming with their intentions, then secretly hand off that concept to a novice or cheaper designer to save money. Since the original designer has done all the hard work already, the second designer gets to reap the recurring financial benefits of that design for doing little work. It’s unethical and unfair to the professional designer. Of course, if this is stated up front by the client, most designers will negotiate an additional fee or higher hourly rate to complete the work for another designer to take over. In this case, it is Breakaway Graphics, LLC’s practice to require the client to purchase all fonts, elements and photos used in the design and stipulate that once the files have been released, we are held harmless of any warranties with the design.

If you are working with a designer and would like to obtain rights to their layered/master files, just ask. Most designers won’t have an issue negotiating a price for the transfer of full copyright including layered files and are more than willing to help you secure the various image and font licenses to protect yourself from violating a third-party’s copyright. The industry standard for copyright transfer is 300% of the total bill so if you’ve used your designer for letterhead and business cards that totalled $200 in design fees, be prepared to offer him/her about $600. This will cover the loss of future income for the designer from those designs as well as the time it will take him/her to collect and prepare the documents for sale and aid you in securing licenses. If you are working with a designer who flat out refuses to release copyright without one of the above valid reasons, find a new designer.

Brought to you by Wells & Drew, makers of fine engraved stationery.

Merry Christmas, Happy Chanukah, Kwanzaa, Winter Solstice and any other Winter Holiday I may have missed! It’s a wonderful time of year to look back and count all the blessings and trials the past year has brought and count ourselves lucky to have lived through, grown and learned from these gifts. Of course one of the most fun traditions is to create that Gift List (and to purchase or make gifts for your family and loved ones). Here’s Breakaway Graphics’ wishlist:

1. Wacom Inkling (here).

2. Another year’s subscription to Lynda (here)

3. Photoshop Users Magazine and year’s subscription to NAPP (here)

4. An 8-Core Mac Pro (here) with Apple 27″ Thunderbolt Display (here)

5. A Nikon D700 (here) with Nikkor 24-70mm f/2.8G ED (here) and Nikkor 70-200mm f/2.8G ED VR II (here)

Too Much? I hope Santa doesn’t think so….Ho! Ho! Ho!

The Magazine Intro. by Jake Widman

Zoccoli’s, “The Italian Delicatessen,” has been owned by the same family since 1948. From the website, “In March of 1948, Robert Zoccoli Sr. and his wife, Augusta, both Italian immigrants, along with their daughter Nelli and her husband Lloyd Sherman, formed a partnership and bought a small grocery store. The Plaza Grocery, a Red & White Food Store, was located in downtown Santa Cruz where Zoccoli’s Deli resides now. It was a very diversified operation that sold everything from household supplies to deli meats and cheeses, many of which we still carry today.” Today the store is still run by the third generation of the Zoccoli family. It’s been operating out of the same location since 1948 except for 18 months after the 1989 Loma Prieta earthquake caused extensive damage to downtown Santa Cruz, when the store had to operate out of a trailer while the structure underwent seismic retrofitting.

In the 1970s, the store started making sandwiches, which continues today. At lunchtime on the main street of downtown Santa Cruz, workers and tourists line up for house specialties like the Italian Club and the Santa Cruzer. While the sandwiches are fresh, the logo also dates from the 1970s–drawn by a family friend–and is looking a little stale.

Zoccoli’s is an integral part of Santa Cruz, and Marie Mediterranean is an part of Zoccoli’s. “We could never change our logo,” says Zoccoli. Nevertheless, she gave us permission to ask three designers to redo the deli’s logo for a new generation–the people who would order a hummus or chicken pesto sandwich as soon as they’d order classics like the meatball or antipasto creation. Zoccoli said any logo should convey the business’s virtues like “very involved in the community, love downtown Santa Cruz, customer service, quality at a good price.”

Each designer created a color one for use on the website and a black-and-white one for use on their catering and sandwich menus, which are simply photocopied onto 11-x-14-inch paper.

My Design Explanation

“My goal for the Zoccoli’s logo and menu cover was to stay true to the long-established identity of the restaurant. Although the ‘before’logo seemed amateurish to me, I didn’t want to change the shape of the mark since it has been used for decades. I wanted only to freshen it up while maintaining its grass-roots, small-town appeal.

Scalloping the edges of the original shape instantly gave it a vintage yet familiar tone and I sought a typeface that would embody the heritage of the restaurant and evoke an immediate sense of longevity. Phaeton, licensed through Veer, with it’s classic, solid presence proved to have just the right amount of hand-lettered flair and was easily tweaked to perfection. I felt the secondary font, from the IM FELLcollection, complemented the mood of the main font nicely and was obtained through the author’s website (www.iginomarini.com).

I decided to keep the general appearance of the Character the same but repositioned her to add a little interest. I eliminated the ‘extras’from the ‘before’ design which resulted in Miss. Mediterranean’s transformation from schoolmarm to killer-cook-suited-for-this-millennium.

With the logo finished, and armed with the knowledge that the menus are printed with margins, in black and white and are likely photocopied,I aimed to design a cover that could be reproduced in the same manner without losing depth in the design. Resisting the urge to go full-color, full bleed and require professional offset printing, I instead created a simple, classic, easily reproducible cover using art from Fotolia by Albachiaraa. An awning to match the building’s facade, repeating the scalloped corners on the border, a custom illustration of the kettle, and a commitment to the fonts, tied the logo and menu together.

Courtesy of Business Stationery

Above, you’ll see a video that features a design by Breakaway Graphics, LLC for a company called Men of Steel Inc. After we created the logo and established a brand image for Men of Steel Inc, the owner, Buck Howard, expressed that it was important to him that his business cards not only exude professionalism but were sturdy enough to hold-up in his work environment and the clear plastic card was just the right solution. He was thrilled with the final product and has gotten many, many complements on the unique nature of the card as well as the simple and effective design of it and the rest of his collateral. The folks at Plasticprinters did a stellar job with the printing and were invaluable when it came to customer service, feedback, and fair pricing. From start to finish, the team at Plasticprinters were professional and knowledgeable, making my job as a graphic designer (and middle man between the printer and my client) much easier. Thank you to my dear client for trusting me in using such a novel medium and to Plasticprinters for bringing my design to life!

I was so happy with the outcome of the Men of Steel Inc. cards that I went ahead and had some made for my company too.

P.S. If you click on the YouTube icon near the bottom right of the video, you will be directed to the Plasticprinters YouTube page where you can see other ways to use this super cool medium.

Middle Tennessee’s Breakaway Graphics, LLC is a double bronze winner in the 2011 Summit Creative Award® competition for its creative work for Caddell’s VMS and Savvy Roads. Their design and execution of a custom postcard for Caddell’s VMS, located in Murfreesboro, Tennessee, won in the Business-to-Business direct marketing category. The second win came in the logo and trademark category for the development of the logo for Savvy Roads located in Fort Pierce, Florida.

“I am overwhelmed with the excitement of receiving two awards this year in two very different categories. I am happy to have the opportunity share this achievement with the clients whose faith in my ability allowed me the liberty to create visually appealing, effective, and award-winning designs.” said Sheana Firth, the company’s owner and founder.

In its 17th year, The Summit Creative Award recognizes and celebrates the creative accomplishments of small and medium sized advertising agencies and other creative groups with annual billings under $30 million. Over the seventeen years, the competition has established itself as the premier arbiter of creative excellence for firms of this size and has become a coveted honor worth touting.

Entries in 23 major categories are judged against a stringent set of standards. During the blind judging events (entering company names withheld.) Judges search for innovative and creative concepts, strong executions and the ability to communicate and persuade.

“Winning a Summit Creative Award is a significant accomplishment in ones career. The combination of scrutinizing judges and tough judging criteria ensures that only deserving entries receive Summit recognition.” Said Jocelyn Luciano, Executive Director for the Summit International Awards. “What a year to see creativity bounce back from the doldrums, and with such strength. Watching the judges’ debate the details of individual entries in the run-off for the tops spots was inspiring.”

So it is not surprising to learn that Breakaway Graphics, LLC strives to offer each client the expertise, attention, respect and service one would expect to receive from a top-notch design company and is an Accredited member of the Better Business Bureau of Middle Tennessee, the Rutherford County Chamber of Commerce and the AIGA, the professional association for design. They can be found on the web at www.BreakawayGraphics.net where one can view the winning designs as well as other samples of the designer’s work and learn more about the company that continues to be recognized as a leader in design.

This year’s creative competition included companies from the following twenty-two countries: Australia, Austria, Canada, China – Hong Kong, Denmark, India, Kazakhstan, Malaysia, Mexico, New Zealand, Northern Ireland, Oman, Pakistan, Republic of Korea, Spain, Thailand, The Netherlands, Turkey, Ukraine, United Arab Emirates, United States and United Kingdom. Winners were selected in a wide-range of categories from print and broadcast to, emerging media and viral marketing by a panel of esteem judges from 11 countries including the United States, Canada, Australia, Denmark and Brazil.

Breakaway Graphics specializes in print design and production and logo development. With an extensive understanding of advertising markets, design techniques and effective color choices, they can increase the visibility and recognition of your brand to potential clients. Ensuring ethical and professional treatment of each client, Breakaway Graphics, LLC adheres strictly to the Standards of Professional Practices as outlined by the AIGA, the professional association for design. What sets Sheana Firth and Breakaway Graphics, LLC apart from other talented designers and design firms is the care and time she takes with each client. It is Sheana herself who each client works with directly, not an intern or employee, guaranteeing that every project receives the detailed, experienced eye of a seasoned design expert. Customer Service is a large part of why Breakaway Graphics, LLC has continued to be successful as they appreciate, value and respect each of their clients. “Without them”, Sheana says, “I wouldn’t have the sublime opportunity to do what I enjoy and love everyday.”

Where is your office? Can I come by? I choose to work from home as I have found that I am most productive in the work environment I have created here. I do not take any meetings at ‘my office’ but am happy to meet you at yours.

How long will the project take? That would depend entirely on the scope of the project, availability, deliverables, and the clients ability to provide feedback in a timely manner if time is of the essence.

Can you fit me in immediately? Anything is possible! However, if you are a new client, I will work you into the production schedule based on current projects. Breakaway Graphics, LLC schedules projects several weeks in advance as I take great care in offering the highest level of attention to each of my valued clients. To ensure that each client receives my best work, I never schedule more than two or three large-scale protects at once. This also allows me to fit in projects for my long-term clients for whom I work for all year. Depending on the scale of your prospective project and Breakaway Graphics, LLC’s production schedule, I may ask that you allow a lead time for your project.

Are you available on nights/weekends/holidays? As a rule, no. However if there are special circumstances preventing our meeting during regular operating hours or requiring my working outside a scope that was previously agreed upon (such as failure to supply materials in a timely manner to meet a specific deadline), I can, and will, make exceptions. The rate billed for these exceptions is one and half times my regular rate.

Can I have the Layered (editable) files to make edits myself? Due to use of outside third-party materials in advertisements / publication designs and intellectual copyright laws, the simple answer is no (click here for details). If I am creating a logo or brandmark for you, you will be supplied vector files that can be edited with the proper software once payment for services rendered is received.

How do I pay you? When can I have my product? 50% of the proposed amount will be due before commencement of any design project. After that, I will supply you with invoices after completion of each project with payment due within 30 days. We accept cash, check and PayPal. Final deliverables will be released once full payment is received.

Can you help with printing? Yes. If you should require help with choosing a printer for your project, I am happy to provide you with several printer options. I will also provide quotes and pricing whenever possible. In lieu of attaching an additional fee on top of printing prices, I will only bill for the time it takes to research, contact and quote printing prices and the time it takes to upload, send or order prints. I ask that you provide me with a payment method to place any orders as I am unable to provide payment for printing to be reimbursed upon invoicing due to TN state taxing laws.

Why should I choose you over another designer who charges less? Graphic Design and Logo Development are not simply the ability to operate the required software: it is as much art as it is skill and aptitude. Being that the effectiveness and success of your brand/campaign/publication/etc depends on it, I would urge you to choose your designer as you would choose the house you live in. Like a house, where the purchase price is directly related to the soundness of the structure and the level of it’s amenities, the cost of a good designer is directly related to the quality of their work and the skill and experience of the artist. I choose my clients and projects carefully, so please feel free to browse my portfolio and testimonials and contact me for a free proposal if you value and like what you see.

What can I expect from you? As a client of Breakaway Graphics, LLC, you will always receive my utmost attention, creative expertise, respect and top-notch customer service while I create your deliverables and for the lifetime of our partnership. You will be guided and educated throughout the design process so you will always be informed on what to expect from me and when to expect it. When you have a question or concern, I will answer it personally as you will always be dealing with me directly and not an intern or employee. You will always receive a response from me within 24 hours of email or telephone contact during regular operating hours. I will always utilize my best time management skills and design techniques to offer you the very best price I can and to avoid unnecessary charges to you.

Have a question not answered here? Please contact me or ask a question below and I will happily answer any questions you may have concerning hiring Breakaway Graphics, LLC.

Books:

1. Logo Design Love by David Airey (http://www.logodesignlovebook.com/). David is a leader in brand development and graciously wrote this book for the benefit of logo designers everywhere.

2. 100 Habits of Successful Freelance Designers by Steve Gordon Jr w/ Laurel Saville (purchase on Amazon). With lots of tips and tricks, this book is a must-have reference for freelancers.

3. Graphic Artist Guild Handbook by GAG (http://www.graphicartistsguild.org/handbook/). A handy guide to ethics, pricing and professionalism in Graphic Design.

4. COLOR: Messages and Meanings by Leatrice Eiseman (purchase on Amazon). A wonderful follow-up book to Pantone Guide to Communicating with Color, Leatrice explains the emotional effects of color in design.

5. Layout Essentials by Beth Tondreau (purchase on Amazon). An easy to follow guide on grids and page layouts.

Magazines:

1. GD USA (http://www.gdusa.com/). With intriguing articles and information on  design trends and leaders, I look forward to reading this publication cover-to-cover when I get it in the mail.

2. CMYK (http://www.cmykmag.com/). Often a wonderful resource to paper, printers, techniques and people.

3. Print (http://www.printmag.com/). With lots of features on up-and-comers and the undisputed greats, Print is a great way to stay on top of all things print.

4. HOW (http://www.howdesign.com). In their words: “help designers….become more creative, successful, productive, and connected”.

Websites & Blogs:

1. Logo Design Love: http://www.logodesignlove.com/

2. David Airey: http://www.davidairey.com/

3. Identity Designed: http://identitydesigned.com/

4. Brand New: http://www.underconsideration.com/brandnew/

5. The AIGA: http://www.aiga.org/

6. The Society of Publication Designers: http://www.spd.org

7. NO!SPEC: http://www.no-spec.com/working-pro-bono/

8. Underworld Magazines: http://www.underworldmagazines.com/

9. AntiSpec: http://antispec.com/ I’m a design hero. Are you?

1. “I can do this myself”. Perhaps you can (and even have some success), but if you run a successful coffee shop, please stick to making coffee (we designers need your delicious coffee in the worst way!). While some of your ideas and marketing strategies may actually bring in some new customers, how many hours and dollars have you spent to do so? A marketing professional can work for you while you focus your attention on your own business. We can also make sure you are not spending all that hard earned money on something virtually ineffective. This mistake is a big one because if you make this mistake, you are very likely to make the mistakes listed below…these are big no-nos in marketing. In fact, they are often the opposite of effective marketing.

2. “I have to tell everybody everything”. While all the services you perform or all of the products you sell may be seriously top-notch, someone is only going to take advantage of them if they are interested in the first place. This is probably the most common and annoying mistake in marketing: TOO MUCH INFORMATION. Small business have small budgets for the most part and seem to not be able to resist the urge to use their marketing dollars to tell everyone everything about their business. It’s the usual: ‘I’m spending a good deal of money on a full page ad in the newspaper and since it will only run one day, I need to appeal to every reader”. Do you really? Or would it better to place that full page ad in a specific magazine, with a longer shelf life, that your target audience is most likely to read, and promote one item and sell the heck out of it?

3. “Creative advertising adds shock value and will make us memorable”. This one can be 100% true, if it’s done correctly, but more often than not, the arrow misses the mark and the result is either just confusing and ineffective or (worse) it’s offensive. Groupon’s Super Bowl ads are a really good example of the latter, proving that even marketing professionals can get it wrong sometimes. If you want to be clever, fine. But try the idea out in your store first and see how your customers react. When in doubt, hire someone who knows the market, the area (something that works in San Fransisco might not work in Middle America) and how to create something clever that will not (1.) waste your money and generate little interest and (2.) will not offend the entire readership. The second part of this mistake is the ever-infuriating: ‘let’s be deliberately vague to force the reader to our website”. NO. To the consumer, this is wasting their time….no one (and I mean NO ONE) likes for someone to waste their time. You won’t be seeing any of that green if you tick them off before they’ve even given your product a chance.

4. “I have to send updates, tweets and e-blasts as much as possible”. Please, if you do this, stop. In a previous blog post on email and social etiquette, I addressed these mistakes in detail but I will add here that, as Americans, we are bombarded 24 hours a day with advertisements. Someone recently told me that on average, we see over 3500 different ads on any given day. The idea that “well if everyone else is out there all the time, I need to be too to stay in the game” is just plain wrong and goes against the basic principals of effective marketing. I’ll put it this way: when I first moved to my new house, I was constantly annoyed by the planes that flew over head every twenty minutes. Now, I don’t even notice them. This is called acclimation and desensitization. When you send constant FB updates, tweets, mass emails, texts and other messages to your customer, that message just became the plane. I can tell you, I have not opened a single mass email in four years. I see ‘em in my inbox and simply hit ‘delete’ and, as a rule, if a person or business posts updates more the three times a day on social networking sites, I hide them, without exception, period.

5. “If I offer discounts or coupons, I can get and keep more customers”. Nope. What you are inadvertently telling your customer is that you don’t believe that your service or product is worth the price on the tag. What happens next is you perform a service (or sell a product) for less than it’s worth and that customer does not return again until they can get it for the same price as before. These are not customers you want. If you are trying a out a new advertising outlet, it is occasionally a good idea to offer a SMALL discount or incentive for mentioning that particular ad. This method allows you to track the success of that ad and get people through the door but (and this is a big but) make sure that the discount is not a deep discount (something more like 10% off any second product purchased) or that the incentive is a freebie that does not cost you (like a sample tube of facial cleanser you get from your sales rep). Also be sure to include an expiration date or you run the risk of having to honor that promotion until the end of time. (OK, I embellished a little there: but definitely include an expiration date).

So in conclusion, don’t do what everyone else is doing cause those everyone else’s aren’t looking to a professional for advice and more frequently, are trying to do it themselves by utilizing the cheap and easy route. Let’s face it, to them it’s cheaper to come up with their own ad concept than to pay someone else to do it but that idea lends truth to the quote by Red Adair: “If you think it’s expensive to hire a professional to do the job, wait until you hire an amateur”. The normal, everyday person does not have the training, experience or knowledge about effective marketing. They end up spending unnecessary time and money on the things that are obvious, misguided and potentially inefficient. Efforts that are so obvious, that they blend in with the other do-it-yourself advertising and marketing strategies out there. The moral of the story is this: don’t do what everyone else does and instead, let a professional guide and help you, that’s what all of our training and experience is for. We make a living by making your business successful, utilize our expertise.