Taking Credit: What can creatives, studios and clients claim for the work they do? By Petrula Vrontikis

Who gets credit for a design? What can you show in your portfolio, and what should you say about it? Who owns the work that you completed while working for an agency? Is this about ethics, or about law? And what are your obligations as a client, having completed a project with a design studio? Well, when it comes to credit, things can seem like a custody battle. Here are a few words of advice on the topic:

Presenting work this way clearly implied that these were her clients. I felt this was unethical and demanded she make it clear what she did and where. She was confused about my request. She had no idea why this would be a problem: in her view the work was "hers"--she designed it, and it represented her creative capabilities.

The Stakeholders
In the CREATOR'S mind, design work is their recipe, their cooking, and they want to take credit for it at the dinner table. Clear enough.

But CLIENTS see themselves as the owners of the restaurant. Through branding and advertising, they want a direct association from the consumer to their company, without any information distracting them from this path. Clients feel that they are the ones making the dollar investment in the brand, and so they want the ability to control and manage that investment. After all, they paid for it! And that purchase includes the right to say anything they want to, or nothing at all, about the process and people it took to get it done.

The STUDIO/AGENCY's position is holistic; that they provided the client, the contract, the concept, and the means to get it all created, approved, and out into the world. In their mind, that's the real battle. It's an honor for the CREATOR to have an opportunity to participate, and if she wants more work from the studio in the future, she shouldn't make too much of her "supporting" role.

In the 90s, I saw four different people present the famous "Got Milk" television ads at various conferences. The campaign originated at the San Francisco agency Goodby, Silverstein & Partners. I saw Rich Silverstein present it, two guys who left the agency present it, the director Michael Bay present it, and a writer from I don't know where--present it. Success has many relatives, but none of them said anything about others who worked on the campaign, nor mentioned any specifics of who did what and how. All of the presenters were convincing by the way, and left us with the impression that they were the sole genius behind the campaign's success.

Oh, and let's not forget the CLIENT: The Milk Board's website lists over 70 awards--from Clios to Cannes. No agency, or any of the campaign's specific creators, are mentioned.

What's the problem here? Not giving credit, or taking exclusive credit?

Ethics and Legality
Closer to home, one of my key staff members left the company in 2001 and started her own graphic design studio. Her new website showed work she had designed while at my office--without any mention that this work was done for my clients while she was working for me. Presenting work this way clearly implied that these were her clients. I felt this was unethical and demanded she make it clear what she did and where. She was confused about my request. She had no idea why this would be a problem: in her view the work was "hers"--she designed it, and it represented her creative capabilities.

This was not only an ethical issue. It was also a legal one. But I realized my own failing as an employer here: I had not stated a clear position on the subject to my designer when I hired her. (More on that later.)

Unlike photographers and illustrators, who negotiate Rights Managed contracts, most graphic designers transfer copyright of the final project to the client when the final payment is made. Clients need unrestricted use of their logos and layouts and would be foolish to agree to anything less.

So it is a violation of the client's copyright if their work is used without their written permission. Agencies and design firms must ask for permission from the client to use work for self-promotion. Our Terms and Conditions contract includes a request like this: "Use of the final project for Vrontikis Design Office's promotion is permitted, including submission to design competitions and publications." It does not cover use of the client's project for self-promotional purposes for my company's present and past employees, or freelancers. Bottom line: You don't own it just because you designed it.

It may be that the way graphic design is practiced makes it more confusing than other design fields. It's something that one person can do from start to finish. Many times the person coming up with the idea is the one who designs it and prepares the final production file. As much as people call it a business, to the CREATOR, it's an artistic act. Taking credit is like signing a painting.

Put that graphic design on the web and you've got new chefs in the kitchen. I've had numerous problems when my clients have hired html or Flash programmers to write code for websites that I've designed. The programmers claimed the site was "theirs," without indicating that they only programmed it. Prospective clients would be misled by this claim, believing the programmers had design and branding capabilities. These situations were especially complicated because the contracts were between the programmers and my client, not with me.

Some suggestions
As a general rule: Be honest and be specific. Take credit for what you actually did on a particular project. "Production by..." or "Layouts by...", for example, or "site programming by...". Only if you've actually art directed photographers, illustrators, or other designers do you get to claim "Art direction by...". (I often work with strong in-house groups where the credit for Creative Director goes to my client, not me.)

Give credit where credit is due when the work is submitted to contests and publications, and when it is presented by individuals in public venues. Taking exclusive credit for work involving others--or lying by omission--is a sign of desperation, not confidence. Be gracious. It's good Karma.

For the creator
Taking credit for your design by including a copy of the project in your actual (physical) portfolio is probably okay unless you've signed agreements to the contrary. Hopefully the design firm or agency is giving you creative credit when the work is submitted to contests and publications. Any requests to use examples of work must be approved by the agency or studio. Under no circumstances should you pose these requests directly to the client.

The bigger issue is risky: taking credit for having the client as your own, which may be assumed if their work or name appears on your website or resume. Realize the benefits of referencing affiliations, and understand that if people see that you've worked with desirable firms, they will value you more as a potential future collaborator. A smart example here is the way design credit is stated for the Roxio logo in a logo design book I have: "Design: Stefan G. Bucher for Modernista!" It's simple and it's clear.

All confidentiality agreements signed must be honored after an employee leaves. As an employee you should ask for an exit interview in order to understand the fine print of agreements you may have signed or those that the firm agreed to during the time of employment. There are tight restrictions concerning the development of comps, prototypes and ongoing documentation. The best rule of thumb? You don't know what you don't know, so ask.

(If you are planning your escape, please read my article on Exit Ethics.)

For the agency or studio:
Create specific contractual agreements stipulating the terms of use for client work. At the beginning of each project, or at the time of a new hire, make clear, in writing, that there are restrictions to use (images, written, or verbal references) of the final project and the creative process that led up to it. This agreement is like a pre-nup: At the onset of the relationship, each party is clear on how it's going to work when it ends.

And here's an added bonus: It's probably a good test for both sides. If the possible hire seems obsessed with taking credit, he might be a bad risk. And if the possible new boss is being a jerk about it, then you get an early warning of things to come.

For the client:
Demand great work, pay well and on time, and respect the people that have worked hard to create something for you. Acknowledging those you've entrusted with crafting your image is a gracious thing to do--even if you're not currently working with them. Displaying a sense of personal honor and loyalty, and being a friend to the creative community in particular, will ensure that people will want to do more great work for you in the future. (There's that Karma coming back around!)

Perhaps the best advice on the topic of credit comes from Indira Gandhi: "My grandfather once told me that there were two kinds of people: those who do the work and those who take the credit. He told me to try to be in the first group; there was much less competition."

©2007 Petrula Vrontikis
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Petrula Vrontikis is principal and creative director of Vrontikis Design Office and a professor at Art Center College of Design. Her writing has appeared in Communication Arts, Graphis, Print, HOW, STEP, Novum and CMYK, and she lectures widely on graphic design, education and inspiration.