I have a question regarding filing for unemployment as a gag member. I finished a gig a few weeks back and was filling out the ui app online and when I came across the section asking if I was in a union or not, I realized, well I guess I am. Yet, gag doesn't find work for me, nor control my hiring. And I don't register with the guild when I'm out of work. So, by stating I'm in a union, would that still be correct as far as the edd is concerned?
Thanks for your time.
Bryan

Bryan,
Do not check the box for a union, we are a Guild. Although we are a union for Federal tax filings we are not a union for unemployment purposes. The box is intended to be checked when the employee is employed by a company and is a union member of the company/plant and the union may or may not have obligations for the unemployment.

I recently terminated my position as Assoc. Creative director at a local ad agency. It's a small agency and I've been doing all of the work while all the owner does is run around getting clients - and I get no credit for all the work I've done. I'm starting my own design company and need to show the work that I've done while employed at the firm. I want to know what right do I have to display work from a previous employer? Thank you for your time. Please let me know.

Dear Member,
This is a good question and I would like to reply. As a member of the guild, for 8 years,  I am aware of certain legal issues that may not be in the PEG book. As far as ownership of work:

• When you are employed by a company whether design studio or a Warner Brothers, everything you do at the company is owned by that company.
• You are a "Work for Hire", when you are on staff they own everything you do.

Now, my firm does entertainment work, so my contracts are written giving ownership or at least most rights to the entertainment companies that are our clients. In accordance to my contract with them my studio is basically allowed to show our work in our portfolio and we have it written in our letter of agreement how that art will be displayed.

However, any designer who works for me needs to get my permission to use that work in their portfolio. The client did not give that designer the rights, they only gave my studio the rights. You have to be careful because you open yourself up for litigation if you don't get permission.

There is also a fair business rule, that infers that you will not take your clients from your employer's company within the first year of leaving. It should be in all employment contracts, it's pretty standard. So if your former employer is afraid that you will take clients by putting this work in your portfolio, you can counter by saying that you have no intention of going after their clients for at least the first year.

Now, I am also a bit perturbed about the tone of this email and how bitter you sound towards this person that runs the studio. Let me just say, if you have never run your own company, you have no idea how hard it is.

This boss of yours, may not do the production work on a day to day basis, but if he or she was good enough to hire a full-time employee and pay your wages and survive in this economy, than they know how to run a design studio business.

Running a design business successfully has nothing to do with being a good designer, which you will find out when you go out on your own. It has a great deal to do with the marketing and sales of the design studio, keeping up with past and current contacts and networking. It has a great deal more to do with other business matters like contracts, client meeting, getting the next project and making sure the clients keeps coming back and are happy, making sure the computers are updated and leases are paid. There is more to it than merely doing production and design.  

Keep in mind, when you leave this person's office, he paid you for a days work, you got paid and he got work. There should not be any resentment, when your contract with him comes to an end. This is a small design community, I would treat others as you would like to be treated or it will come back to haunt you one day. If you are impeccable and honest in your dealings and in the way you treat people, you don't have to feel guilty.

If you take something without permission, you are the one at fault. Don't do it, it's not worth the grief.

How do I submit a change of address?

Please use this link to submit your new information to
Barbara Pannone at the New York office.