1.What is the SAA?

The Society of Artists Agents (SAA) was formed in 1992 and its member agents represent some of the best available talent in the world.

Our broad aim is to promote the use of illustration and to unify and improve the working practices between illustrators, agents and clients.

New membership is actively encouraged and prospective members can receive information about their eligibility by contacting membershipsecretary@thesaa.com.

2. Consitution

Click here to download a copy of the constitution in Acrobat (PDF) format.

3. Ethics

The SAA together with the Association of Illustrators abide by the following Terms and Conditions for the commissioning of artwork:

Artwork Ownership

The artist retains ownership of the original artwork unless agreed in writing between agent and client. A further fee will be negotiated, should ownership of the artwork by the client be required. The client shall not make any alteration to the artwork unless agreed in writing by the agent. Any loss, damage or alteration to the artwork whilst in the possession of the client or any representative of the client will be charged for at a fee not less than the agreed licence fee.

Copyright and Licensing

The artist retains ownership of the copyright (Copyright Designs and Patents Act 1988). Ownership of copyright is not affected by purchase of the original artwork. The client is granted a licence to reproduce the artwork solely for the purposes detailed on the face of this job acceptance form. Upon payment of a further agreed fee the licence may be extended to allow for the artwork to be used for purposes other than those shown on the face of the job acceptance form, in accordance with the guidelines agreed with the Society. The licence is only granted upon payment in full of the fee specified on this job acceptance form. Any attempt to reproduce the artwork without such payment, will be regarded as a breach of copyright. The licence granted is exclusive to the named client on the face of the acceptance form and the named client is responsible for the payment of reproduction fees. The licence may not be sub-licensed to a third party.

The artist retains the right to use the artwork for self-promotion. The client is responsible for the clearing of any copyright on reference material supplied by the client and shall indemnify the artist against any claims arising from materials thus provided. The artist is likewise responsible, for the clearance of copyright on material supplied by the artist.

Delivery

The artist can only adhere to deadlines agreed if there is no delay in the approval of roughs or in the supply of reference material. The artist shall not be held responsible for any consequential loss from the late delivery of artwork. All courier fees relating to the job shall be paid by the client.

Cancellation or Rejection

i. If the commission is cancelled the fees detailed following will be payable: 25% of the agreed fee if cancelled by the client before delivery of roughs. 33% of the agreed fee if cancelled by the client after delivery of roughs. 100% of the agreed fee if cancelled by the client on delivery of the finished artwork.

ii. If the artwork is rejected by the client the fees detailed following will be payable: 33% if rejected at the rough stage. If a rough has not been requested prior to artwork, then 75% of the agreed fee if rejected on completion. If the artist has correctly followed the brief, and the work is consistent with that of the artist's portfolio, and with that shown to the client, then the full fee is payable. The client has no right to reject the work on the basis of style or composition. Under no circumstances can there be a reduction in the agreed fee if the client uses the artwork for the purposes detailed on the job acceptance form. Any objections to the final artwork must be conveyed within seven days of delivery, after which it shall be conclusively presumed that the artwork has been accepted. If a delay of longer than three days after the delivery of artwork occurs before any requests for amendments, the illustrator shall have the right to refuse to execute those amendments where they may interfere with subsequent commissions. In this case, no reduction in fee will be allowed. In the event of rejection of the artwork, all rights in the artwork shall remain the property of the artist.

Estimates

If a verbal estimate is requested prior to receiving full details of the commission, it should be understood that this is in no way binding and may differ after the artist has received the complete brief.

Credit Terms

Payment shall be made within thirty days from the date of invoice. Payment not received within that time will be subject to an interest charge of 2.5% per month. These terms and conditions are governed by the law of England and Wales and may not be varied unless agreed by both parties in writing.

Royalty-Free

The Society, in common with many other professional bodies, recognises particular potential threats to artists deriving from the use of royalty-free images and whilst the Society does not bar or prohibit entirely responsible and reputable member agents from the engagement with the sector, the Society shall require all member agents to exercise a particularly high level of caution and moderation with regards to any dealings that it (and the artists it markets)may have in the sector. Member agents shall be required by the Society (upon request) to account to the Society at any time, in written and/or oral form, detailing any and all interests that they may have in the sector, within 7 days.

The Society shall also have the right to seek statements from artists marketed by the said agency detailing the artists commercial view regarding all aspects of their dealings in the royalty-free sector. If the Society is satisfied with the schedule of interests in the sector presented by any existing or prospective member agent (and the artists marketed by the any agency in question), then the Society shall conduct a full membership vote regarding admission or retention of the particular agency and a majority of 60% of the membership shall be required in order to admit or retain the said agency.

Pro-Action

Pro-Action is a new committee established by the Association of Illustrators and the Society of Artists Agents to deal with the problems facing illustrators in today’' market place. Our aims are to tackle fee erosion, increasingly detrimental Contract terms from clients, and issues that may arise between illustrators and their representatives. These factors have increasingly become a negative force effecting creators of visual material working in the commercial communications arena over the last 25 years. We will commence with the following points:

• Inequitable/not legally sustainable contracting practice (such as retrospective contracts)
• Inequitable/not legally sustainable contracts (such as copyright assignments)
  The group intends to educate and demonstrate to the commissioning sector the way their contracts may damage their supply base by eroding illustration as a viable profession and therefore damaging the sectors own best interests over the medium to long term.
• Agent to illustrator agreement The group will draw up a recommended best practice agreement between agent and illustrator
• Group members will also attend the meetings of the Creators Rights Alliance (CRA – www.creatosrights.org.uk) and the British Copyright Council (BCC – www.britishcopyright.org) to participate and report back on discussions and decisions. The committee is comprised of highly experienced leading professionals from both organisations. Specialist copyright and Intellectual Property lawyers will be assisting the committee.

Members of the Group:
Two representatives of SAA: Tamlyn Francis from Arena and Abby Glassfield from Inkshed.
Three representatives of AOI: AOI Manager, Silvia Baumgart, Membership Co-ordinator, Derek Brazell and Council member, Andrew Coningsby
Two independent legal advisors: Ruth Gladwin, and Robert Lands from Finers Stephens Innocent LLP.

Silvia Baumgart
Silvia is the AOI Manager and has experience working in the public and voluntary arts sector in London and Germany. As a Curator, she has staged successful exhibitions both on a communal and international level. She completed an MA in Art History in 1997, and has published articles on contemporary art practices, contributed essays to exhibition catalogues and edited several publications.

Derek Brazell
Derek is an established illustrator who also works for the AOI as Membership and Publications Co-ordinator. He has been closely involved with advising AOI members on contracts and licensing for many years, as well as covering these topics for AOI publications. Derek was invited to join the Design and Artists' Copyright Society (DACS) Creators' Council in November 2006.

Andrew Coningsby
Andrew founded the illustration agency Début Art in 1985 and the illustration specialist Coningsby Gallery in 1994. Début Art is a corporate member of The Association of Illustrators and a member of The Society of Artists Agents. Andrew is dedicated to the advancement of illustration both as an art form and as a highly valuable commercial property.

Tamlyn Francis
Tamlyn has been an illlustrator's agent since 1992 and as director of Arena she represents some of the top artists in their field. Tamlyn feels passionate about promoting good business practice and defending illustrators rights.

Abby Glassfield
Abby has been an agent at Inkshed illustration agency since 2000. Established 21 years ago, Inkshed follows SAA guidelines and as such works to protect illustrators’ rights.

Ruth Gladwin
Ruth is a self employed solicitor who has been advising fine artists, illustrators, photographers and designers for almost 20 years. She has witnessed the enormous changes to the technical landscape and the advent of new media. She also acts for television producers so knows the other side of the commercial coin. Ruth is fully aware of the demands placed on creators in today's market place and is at hand to advise on the legal implications.

Robert Lands, Finers Stephens Innocent LLP
Robert is a partner in the Intellectual Property and Media department of leading law firm Finers Stephens Innocent. He advises all facets of the visual arts, acting on behalf of several well known artists, photographers and designers as well as trade bodies such as the Association of Illustrators. He advises the Arts Council of England on intellectual property issues and writes and speaks regularly on visual arts and the law, including to students at both The Royal College of Art and the Royal Academy Schools. He also sits on the Advisory Board of Braziers International Artists Workshop.

Mandate

• To send representative(s) to the Council meetings of the British Copyright Council (BCC) and the Creative Rights Alliance (CRA). The representative(s) have the duty to report back to the committee either in writing or in person to keep the committee informed of all proceedings at all times.
• To liaise with all trade-organisations, societies and lobby groups working with and for creators of images that are used and created for the commercial market place.
• To recommend that contracts extended by commissioning companies or individuals are in keeping/in line with the spirits, intent and letter of the law as stated in the 1988 Copyrights Design and Patent Act
• To propose appropriate action to Council of both organisations when the committee sees fit.
• To review individual problems and address issues concerning professional conduct of illustrators, agents and clients and recommend a fair and legally sustainable solution. The committee is asked to develop a clear grievances procedure that will be proposed to Council of both organisations.
• To establish a standard contract between agents and illustrators that can be recommended to all UK agents.
• To develop a stock illustration/images policy and recommended standards of management that can be proposed to Council of both organisations.

Pro-Action will create a specialized, password protected discussion board on their web site (www.pro-action.co.uk) for committee members and professional image-makers and their representatives to file material of concern - contracts, poor fees etc.

Contact
Telephone: 020 7324 7221
Email: info@pro-action.org.uk
www.pro-action.org.uk
Pro-Action c/o AOI Second Floor,
Back Building
150 Curtain Road,
London EC2A 3AT.

Links

AOI
www.theaoi.com

Design & Art Direction
www.dandad.org

Institute of Practitioners in Advertising
www.ipa.co.uk

Society of Illustrators
www.societyillustrators.org/index.cms

Bikini Lists
www.bikinilists.com

Contact

The SAA is a member run trade organisation and any enquiries should be addressed to individual or all members, thank you.