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Pixish, Spec Work, and Graggers

This post also appears in Pixish News.

pixish-logo-for-pow.pngDuring the Jewish holiday of Purim, we tell a story about a dude named Haman. He was one in a long line of history’s baddies who tried to do away with the Jews. He was so evil that, to this day, every time his name is read aloud, everyone in the synagogue boos. There are even special noisemakers called “graggers” designed just for this purpose.

“Spec work” is the Haman of the design industry - a character so loathsome that the merely speaking the words causes an uproar that drowns out everything else. Problem is, some good ideas are getting lost in the commotion.

I’m going to talk about “spec work” here, as it relates to Pixish. I know that, just by using the term, there are people warming up their graggers before they’ve even read this far. But please hold off on the noisemaking for just a little bit, because there’s something worth talking about here.

(Oh, and Haman? Kicked his ass, sucka.)

The Villain

I’ve worked as a photographer, designer, and consultant since 1995. I’ve worked for design agencies on big accounts like Nike and Sony and as a freelancer for startups and nonprofits. So of course I’ve been aware of spec work.

Spec work is when you’re asked by a client to do work which may not be paid for upon completion (the “spec” is for “speculative”). That’s a problematic definition, because all contests work this way. The real problem, in my opinion, has to do with an inequality in the power relationship between client and designer.

The typical Evil Spec Work story goes like this: Big company says to little designer, “make me a logo!” The designer works for days on the logo and hands it over to the company. “No good!” they say, and walk away. Later the designer finds out that the company had been doing that with lots of designers, and they only paid for the one they liked (if any).

The company has all the power. The designers, disconnected from each other and working in the dark, are victimized by the company because they spent time on a design for no pay.

It’s a totally rational response for designers to band together, declare this kind of work evil, and promise each other not to do it. It’s also understandable, then, to see the fury designers express when a client is outed for soliciting spec work. Here’s where the arguments about spec work “devaluing the industry” come into play. If one client gets away with it, the fear is, more will follow.

So spec work is evil. But Pixish is not spec work.

Failing Fast

There’s a saying that’s popular with entrepreneurs: “fail fast.” It means that it’s better to find out what you’re doing wrong sooner than later. I don’t think we failed, but we did make some mistakes. And boy did we do it fast (the site is still less than two weeks old).

We didn’t make our mission clear enough from the outset. In my endless optimism, we started out with a barrier to entry that was too low for publishers (aka clients), so we had some crappy assignments at launch. When artists saw a bunch of assignments that listed “my thanks” as a reward for a real design task, they got rightfully pissed.

I made a post the day we launched. It said: “We’re new. Some things will break. Some will just not be very clear. We’re asking you to tell us what you think of it - the good and the bad - to help us make it better.” Turns out, I was right. Really very right. So we started making changes.

First thing we did is institute a review process, so we can catch the assignments that aren’t up to snuff before they go public. I hope we don’t always have to do this, but I’m happy to have us do a little extra work to avoid bad assignments while we get on our feet. The result is a list of assignments that’s a lot better. Right now we have everything from book covers to magazines to gallery shows. Opportunity abounds.

We also instituted a “no design work” rule. This angered more people than it placated, judging by the feedback. And I admit the line between a picture and a design can be blurry, but here’s how I see it: Design is the combination of elements, created for a client, to be used as a whole. Pictures are those individual elements (photos and illustrations), to be combined by a designer. Pixish is for soliciting those raw materials - not completed design projects. It’s the difference between shooting a photo for a magazine and designing a completed page.

We may expand our scope in the future, we wanted to focus the site on the problem it was created to solve.

The Problem We Want to Solve

There are two communities that need better tools to interact with one another. I happen to be a member of both.

On one side, I’m a photographer. Sure, I do other things to make a living, but I’d still love to do more with my photography. So I join some microstock sites. I upload work. I tag, title, and describe each photo. It’s a time-consuming experience. And none of it may ever get seen. There’s just too much work out there. If it does get seen and chosen, I’ll get a handful of change per photo, if I’m lucky.

On the other side, I’m a publisher. I make Fray. I put out a call for submissions, review them all, choose the best, and make arrangements with each artist individually. I love it, but it’s incredibly time-consuming. I wish there was a way I could put out a call for submissions, empower the community to sort them, and have a more elegant way to choose and reward the best submissions. I think a lot of publishers would invite more participation from their readers if there was an easier way to do it.

This is the problem Pixish was designed to solve. Note that it’s not intended for design work - it’s for visual stock. This isn’t to say that photographers and illustrators don’t spend a lot of time and energy on their work - they do - but it’s not the same. It’s also not to say artists won’t create new work for Pixish - they will - but that’s up to them. It would be foolish, not to mention impossible, to require artists to only upload old work.

Also note that the power relationship has changed. Clients aren’t taking advantage of designers in secret. The publisher is inviting submissions (something that most publications do), but instead of doing it in private, making different deals with different contributors, it’s all out in the open. The publisher lists a gig and a reward. It’s up to each artist to determine for themselves if it’s a contest worth entering.

This is just a new version of the submissions page that every magazine and newspaper has already, just opened up for all to participate, and in one central location.

We’ve tried to design the system to give as much power to the artist as possible. The artist owns their work - they lose no rights by uploading. If the artist chooses to submit to an assignment, again, they lose no rights. The publisher cannot publish the work if it does not win the assignment. The artist can remove their work from the assignment (and the site) at any time. Only after the work is chosen by the publisher as a winner, and the artist is paid the listed rewards, can the work be published.

As the site stands now, yes, it’s just a collection of contests. And if you don’t like contests, then you won’t like Pixish. We have plans for more tools to better connect the communities of artists and publishers.

Moving Forward

In the hopefully near future, we’ll have better tools for listing assignments and exchanging money. So if you want to only consider paying assignments, you can. On the other hand, if you don’t like the whole concept of prizes and just want to participate in the “Just for Fun” assignments, you can do that too.

And, of course, we need a messaging system. We want to enable publishers to create a little black book of their favorite artists, and be able to offer work to them directly. We’ve started with contests, but want to quickly expand into offering more ways for publishers and artists to connect.

If you’re an artist who already has a career and clients, we mean you no harm. We hope you’ll participate, too, but even if you don’t, we hope you won’t mind if we give some opportunities to other artists. And if you really think that our little collection of contests is “harming the industry,” well, all I can say is that’s not our intent.

I think this has a lot to do with trust. And trust can’t be asked for - only earned. So give us some time with Pixish to earn your trust. I know we can do it.

The bottom line is that we know there are tons of talented people out there on the web. We want to give them a chance to get found, get paid, and get published. If you want a hand getting your work out there, then Pixish is for you. Thanks for giving it a try.

You may now spin your graggers.

29 Comments

That’s much clearer. When I first looked at the site, I wondered why you would be supporting spec work. You seemed like the kind of guy who was against it. With design assignments gone, it makes more sense. You’ve focused things, for the better.

No graggering from me.

AdamD on 20 February 2008 @ 10pm

This sounds a lot clearer. I liked the site on first glance and felt it was hitting a real need. I saw some mutterings about spec work, but the complaints didn’t really click until I saw all the t-shirt competitions with small prizes and claims that any submission could be used. I liked the people involved and would submit designs myself, but I kind of saw how down the road, a more unscrupulous company could come in and basically demand free work. It sounds like you’ve addressed all those concerns and hit a happy medium between the extremes.

I’m sorry for all the heat caused at metafilter over this, I kind of feel like I fanned the flames early on by flipping out over Coulton’s tshirt project (him being another person I really like and admire and need to apologize to). I think pixish will recover and flourish with these changes in place.

Matt Haughey on 21 February 2008 @ 10am

I don’t really understand your distinction between photography and design. Other than further distancing yourself from claims of spec work (which is more often a problem for designers than photographers). Why wouldn’t you let your users decide this?

I think you’re treading dangerous ground in paying too much attention to what people are saying rather than what people are doing. Are these vocal critics even in your target market? Don’t build the site for bloggers.

I don’t think it’s an issue if people offer “my thanks” as a reward. If that turns off your creatives, it should be your goal to make sure there are better ways to avoid for them to avoid those assignments or see paying ones first.

Anson on 21 February 2008 @ 10am

I applaud you clearing up the spec work issue but I find it odd that you would willingly support microstock. Artists / photographers have suffered at the hands of many “democratizing” technologies/ideas and this is the latest slap in the face. These are set up like quasi-pyramid schemes where,”You COULD make UP TO $500 in a month with our system” (why don’t they ever finish the statement,”Then again, maybe you won’t!”) All these sites do is water down an inundated market and allow companies to rape artists while they stand by and collect money. I’m not claiming it’s only for professionals either. You could be an amateur and take a picture that Company A just has to use on their annual report. Well the microstock company is getting their money (on volume), the artist gets jack, and the company gets something for (almost literally) nothing!! Why don’t these sites reference actual usage rates? It’s just another way of devaluing art.
Maybe you see it from a publisher’s POV but I find it a strange stance for someone against spec work.

JNeumann on 21 February 2008 @ 10am

“And, of course, we need a messaging system. We want to enable publishers to create a little black book of their favorite artists, and be able to offer work to them directly.”

Question: If I’m an Evil Company, can’t I just bypass the main Pixish site and use your proposed messaging system to dupe artists into working on spec again?

Jim on 21 February 2008 @ 10am

I got the gist of what this letter is saying when I first investigated the site, and set up an account. I’ve never felt that it was exploitative. If I don’t like the reward for winning, I just don’t bother to enter a submission. Among the other things you mentioned that make Pixish different from Spec Work.

Gratulojn. Mi opinias ke Pixish estas bone.
- G -

Greg on 21 February 2008 @ 10am

Hm, i agree: if it’s to assign a paid project to the best proposal, then it makes sense. architectural firms operate this way, and i can see the logic in competing for paid projects.

isral Duke on 21 February 2008 @ 10am

Derek,

Thanks for this clarification. Thanks for focusing and making the process more balanced and specific.

that you care and are making changes is a testament to your professionalism.

Also thanks for not looking down, kicking your toes and saying sorry. Looking all of us in the eye and saying I made a mistake and I am working to fix it shows that you are a stand-up guy.

With my respect,

Jon Whipple, MGDC
Professional Member, Society of Graphic Designers of Canada

Jon Whipple, MGDC on 21 February 2008 @ 10am

I signed up for Pixish to research the licensing terms and verify my suspicions about this new, online “artist” community. During a 25-year career, I’ve worked as a newspaper photographer, newspaper director of photography, graphics editor, a book editor, art director and most recently, as a freelance photographer. I can confirm that Pixish appears to be based on another in a long line of recent schemes that attempt to lure independent, creative professionals into work-for-hire agreements at below market rates with onerous, one-sided licensing terms set by publishers.

You don’t give up your rights merely by submitting your work to Pixish, but you usually WILL surrender your copyrights if you sign contracts offered by publishers these days.

In analyzing information on the beta version of the Pixish Web site, if a speculative submission is selected for publication by a company, the graphic artists, photographers (and I assume writers) submitting their work will be bound by a non-negotiable contract of adhesion defined solely by the publisher. By definition, this alone makes for contracts between unequal parties that usually concentrates all bargaining power in the hands of one side — usually a publisher. Contracts are supposed to be mutually beneficial.

In the long run, this business approach is a very bad deal for any independent creative artist, even those just starting out in a career.

Usually, the most successful independent artists register their creative works with the Library of Congress upon creation or before publication (i.e. — group registrations can be done on a quarterly basis) to protect their copyrights. They negotiate the licensing terms and fee based on the client’s actual needs for a given project. This allows them to offer a product or service at a fair rate and retain copyright ownership of their creative works. Finally, they submit their own licensing contract (with terms and limitations) with their finished work. The client signs the contract and usually, the artist retains ownership of the original work and receives adequate compensation for each specific type of usage (Corporate, Advertising, Editorial, Private). These artists seldom gives up all rights to their works, and then only with additional compensation. Typically, only employees sign work-for-hire agreements that surrender all rights to their work in return for substantial employment benefits such as a regular salary, insurance, a retirement plan and subsidized equipment, among many others. Freelancers must purchase all these benefits on their own, often at much higher rates. The freelancer’s licensing model is complex to be sure, but it protects us from financial ruin.

The publishing industry has been desperately trying to change the licensing system used by freelancers since the mid 1990’s. It even has taken one legal disagreement between an independent writer and a newspaper all the way to the U.S. Supreme Court. In 2001, the New York Times lost in New York Times v. Tasini. In the wake of that ruling, publishing companies responded by beginning to use similar (take it or leave it) contracts in attempt to force financially-sensitive artists into one-sided agreements. Publishers prefer to receive a license for all usage rights (essentially ownership) for a very, very low, flat fee, which always frees them to repurpose the work without paying additional fees. Many of these contracts even allow the publisher to resell the works (which often can be repurposed and generate an ongoing revenue stream for creatives who are smart enough to retain full ownership). If you are not careful with publisher’s contracts, an artist could end up competing against his or her own past work.

Companies using this type of publishing service and contracts usually are looking to hire young, talented artists on the cheap, and to extract all usage rights for a given creative work in perpetuity. They target young artists because experienced professionals know better than to work for free on “spec” or to sign such contracts, which are roundly discouraged by all professional trade organizations that represent this group. When you are young, it may seem attractive to get a byline today, but most creatives will never be able to build a long career on below-market rates.

While the idea behind Pixish may have promise, it is not starting out with the good of the artistic community in mind. Before participating in this venture, I urge all young and aspiring creative artists to engage in diligent research about this hot-button industry issue. For starters, Pixish could be improved if the venture used licensing contracts approved by professional, photographic trade groups.

We all make occasional compromises in our careers, but in the long run, I believe artists will be better off joining a local trade group like the Writer’s Guild, Graphic Artists Guild, The Society of Media Photographers or an educational group like Editorial Photographers and learning to create their own contracts and negotiate their own licensing terms. Each of these organizations have excellent programs to help you evaluate, write and edit contracts. The Editorial Photographers group even rates the contracts used by various publishing companies.

Also, learn how to register your copyrights with the Library of Congress.

Links:
http://www.editorialphoto.com/
http://www.editorialphoto.com/resources/
http://www.gag.org/contracts/glossary.html
http://www.gag.org/contracts/agreement.html
http://www.asmp.org/
http://www.asmp.org/commerce/legal.php

George Wedding/GEOPIX on 21 February 2008 @ 10am

One of the things I said in blog comments when Pixish launched was that it was 1.) Undoubtedly promoting spec work, and 2.) Seemingly not the sort of thing I thought a guy like Derek would be into, and maybe during the development process Derek’s vision for Pixish got a little clouded. He may not have intended it to become a spec site, but somehow it did.

It’s good to see that changes are being made, and hopefully Derek and crew will be able to bring Pixish around to become a respectable marketplace for connecting artists with projects.

Mike on 21 February 2008 @ 10am

Sounds a lot less evil now.

Anson on 21 February 2008 @ 11am

Matt: No apologies needed! This is all part of the process. I’m thankful that so many smart people are thinking about Pixish.

I think there was some miscommunication in the beginning: Publishers have never been able to use submissions without making them winners and giving the listed rewards.

Derek Powazek on 21 February 2008 @ 11am

Bummer. I had always figured the problem with spec work was that the company requesting it owns it, so you can’t shop a design around—a problem inherently solved by this open community approach of Pixish. If one WoW Guild or local non-profit site doesn’t pick up a design, there’s nothing stopping another from doing so.

I had high hopes for Pixish as a place where I could find beginner/amateur designers who need portfolio work, folding money and promotion to pair with my assorted side projects that don’t warrant the cost of finding and hiring a professional firm. Sounds to me a lot like the problem you’re trying to solve.

Ryan Cannon on 21 February 2008 @ 11am

Gragggg…

Just kidding. Didn’t find this site till this post, but after reading it, I have to say I hope you accomplish your goals as they all look and sound good.

While established artist, photographers, etc… have no need for a service like this unless they want to use it for the fun of it; A person new to this field now finally has a place to get their work out into public view without having to give up their power and do some spec work where they might just be taken advantage of.

It’s nice to see someone who does things on both sides of the fence, and uses that experience to work to make things better for both sides. As I said above, I hope this all goes well for you since it does really sound good.

Eisenhorn on 21 February 2008 @ 11am

I’m still confused. How is the time and energy that photographers and illustrators spend on their work “not the same”?

Neil on 21 February 2008 @ 11am

What’s been missing from most of the screeching about “spec work” is that Pixish sets up a level playing field for the “big, evil companies” where they have to compete for the talented designers. If you’re a designer and you don’t like the terms offered by a Pixish posting, you won’t do it…you’ll move on to the next one. The job posters are disincented to treat designers in an unfair manner.

I’d argue that designers are empowered by Pixish: they get to pick and choose what they work on in a marketplace that is more open and flexible than they’d find by looking for work on, say, craigslist.

GregM on 21 February 2008 @ 12pm

Pix on Derek, pix on.

Tanner Christensen on 21 February 2008 @ 12pm

To the unpaid army of photographers snapping away to win the tiara, your work will always be worth more than what anyone will pay you through this site. Always charge what YOU think a job is worth to your client not the other way around.

Martin on 21 February 2008 @ 1pm

Lots of these sorts of democratic intellectual property filtering systems are popping up. Deviatart, Flickr, iStockphoto—and for other media, too—writing and music or instance—check out Tunecore for an example. But just aggregating creative talent and unleashing it on the market is really only part of what an online guild should be about; and that’s really what these sites are; online guilds. These sites should also work harder to protect their artists. Artists should be able to negotiate usage terms alongside their submissions—i.e. Here’s my work; if you like it here are my terms. And when an artist finds a violation of the terms, they should be able to submit that violation to the site (Pixish) and expect a reasonable amount of help in taking care of the violation. Anyway, I think that’s the quickest way to get artist’s loyalty and therefore be able to cull the best of the best—act like an agent; cultivate a guild mentality.

ruzel on 21 February 2008 @ 1pm

At least now you’re clear in saying that it’s a basically a contest site. In which case, it’s not a whole lot different than the design contest sites DesignOutpost and 99designs.

Some people feel that design/photo/etc. contests are just spec work in a friendly disguise; however, I’m not as opposed to them because they are at least up front about it. For the same reason, I feel less of a need to “spin my gragger” about Pixish.

I still disagree with GregM who argue that “designers are empowered by Pixish: they get to pick and choose what they work on in a marketplace.”

Pixish does a whole lot more empowerment for the clients who get to compare a bunch of submissions. Granted if people are just submitting whatever they have laying around it ain’t too bad of a thing.

This latter point is why Derek makes the distinction between designers and art content producers (i.e. photographers, illustrators), and I agree with him there. Designers don’t have spare logos laying around for any old company — everything is usually made to order. Art content producers on the other hand often have a bunch of flotsam and jetsam that they can use for submissions to Pixish.

Colin on 21 February 2008 @ 3pm

I’m very glad you’re going out of your way to explain your intentions and be as transparent as possible with your plans for the site. I think that’s the best, and perhaps the only, way for it to succeed. That being said, I still think the site is creating a spec work network.

Spec work doesn’t require a big evil corporation to be spec work. You talk about the inequity in your example, but it still exists here. The power still lies with the Publisher/Evil Corporation even if it is voted on by the community. Until the power is handed back to the designer and as long as rewards consist of things like “if I get a design I like I’ll pay you US$50″ this will remain a spec work network.

However, there are good sides to this venture. Even though only one out of 20 contributing artists (just an example) may get paid on a given assignment, the others still get their work published on your site and will benefit from creating a solution to a design problem. But this still doesn’t meet your goal of empowering artists and bring great, undiscovered artists to the forefront.

This is no easy task, but perhaps you should scrap the model of a “collection of contests” and create a “collection of artists”. And ask publishers to invite artists to submit to their assignment. I can’t guarantee this will fix everything, but I think it would be an improvement.

I haven’t written this site off though. I still believe you can turn it into a valuable tool and I hope to be able to be a part of it, from both sides of the aisle. But in my personal opinion, I think it still has a long way to go.

Nate T on 21 February 2008 @ 3pm

I admit the line between a picture and a design can be blurry, but here’s how I see it: Design is the combination of elements, created for a client, to be used as a whole. Pictures are those individual elements (photos and illustrations), to be combined by a designer. Pixish is for soliciting those raw materials - not completed design projects. It’s the difference between shooting a photo for a magazine and designing a completed page.

We may expand our scope in the future, but I wanted to make sure we got the core right now.

Derek Powazek on 21 February 2008 @ 4pm

You should just have ignored the criticism. Someone’s going to make a system that allows design work sooner or later, and it will be successful. The world has changed. You can’t be everybody’s babysitter. If people want to do spec work, they will.

John on 21 February 2008 @ 6pm

Hey Derek, I have to confess I still don’t understand why the site is closed to design and open to illustration and photography…

Is it because the designers have been more vocal about the issue? - You certainly seem to be going out of your way to placate the designers.
How is slaving over an illustration any different to slaving over design work?

It’s apparently okay to do spec work (or whatever you prefer to call it, be it a contest or just for fun) for the components but not for the whole?

Once again Photography and Illustration are the poor relations to design.

(I guess what I am trying to say is, by all means run Pixish but please don’t help reinforce the publics perception the Photography and Illustration are less than Design.)

nath on 22 February 2008 @ 1am

Moderated project submissions? Fuzzy, complex rules about what’s O.K.? You’re throwing up barriers and killing the momentum on this site fast. And your launch honeymoon window is closing fast.

This sounds like a case of “premature optimization.”

Considering that you don’t have that many users yet, maybe you should have let it run for a while to see if there is really a problem.

Are the people criticizing the site really its target demographic? I think you need thicker skin if you’re going to be an entrepreneur of a successful startup. Mena Trott learned that fast.

willy on 22 February 2008 @ 2am

“…screeching about “spec work…”

While doing spec work should be an issue for freelancers, it probably is not the biggest problem with the Pixish model. The real issue usually will be in the details of the contracts you may have to sign with some publishers. If young artists want to use this Web site, at the very least, exercise due diligence:

1. Always try to sell specific and limited rights for a single use in a single Web, print OR broadcast publication for a base fee.
2. Never sign away all rights to a work unless you receive fair compensation for any additional uses.
4. Retain all other rights (All Rights Reserved).
5. Submit your work with a delivery memo and a Copyright (©) mark (Define the terms of the copyright license and sale).
6. Insist on a credit line (sometimes this is not possible) but a copyright mark always should be required.
6. Register your work with the Library of Congress so that it will be fully protected by U.S. law (infringers then are liable for statutory damages and legal costs instead of just actual damages).

Remember, contracts provided by most publishers usually are written with their business interests in mind, not yours. If necessary (and it usually is) use your own contract but be prepared to refine and customize the language and terms to meet the client’s needs, or work with clients that honor contracts approved by artist trade groups. Don’t be afraid to say no if you feel the contract is not in your best interest. It can be a scary step, but it is very liberating.

Perhaps Derek would be interested in working with the Editorial Photographer’s group to develop a base Pixish contract that would be more balanced, and acceptable to smart freelancers.

George Wedding/GEOPIX on 22 February 2008 @ 3pm

…and one more thing…

Derrick is to be applauded for hosting this conversation and my comments on his Web site…

George Wedding/GEOPIX on 22 February 2008 @ 3pm

…and George Wedding is to be applauded for the quality, professionalism and usefulness of his comments. Excellent work.

Beckley on 22 February 2008 @ 6pm

I see a use for a site like this in about five years. It works like so: I’m walking down the street when my phone beeps and it’s a message from Pixish, “there is an impromptu demonstration about two blocks a way and if you take photos of it there is a chance we can sell them to a media outlet.” I walk over, take the photos, upload them to pixish, and you guys act as my broker in selling the photos. I can also log on to the Internet and plan my day in advance to cover various news events.

So in the future with more pervasive adoption of GPS, and easier, faster uploading of photos your site could be a big success. Meanwhile, look for lots of small, fast transactions, and dare to step in as the middleman or broker. People have to trust your site anyway if you are going to be a success.

Bruce McL on 24 February 2008 @ 12am

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