Archive for January, 2013

Weekly News Roundup – 18 January 2013

The week is coming to an end and that means it is time for us to look back on the week that passed, the best design news, resources and other goodies. This week we look at how you can implement Responsive Web Design, four things media companies must do in 2013, different design elements to optimize your blog, as well as how you can make sure your animations are triggering at the right time.

The Next Step in the Evolution of Responsive Web Design: Responsivity Analysis

Beyond any question, responsive web design has become the standard for anybody who wants to make a strong presence on the internet. With the passage of time, rules, best practices, layout standards and guidelines have been commonly created, implemented and accepted by most web designers and developers.

responsivity_01

50 JavaScript Libraries for Charts and Graphs

How are you visualizing data in JavaScript? What is your favorite library for creating charts and graphs with JavaScript?

I have been a long time fan of jqPlot for its open source approach, simplicity, examples, and great features. It performs well, it is used by many corporations, and it is built on top of jQuery

4339699941_62011a1f3a

 

4 Things Media Companies Must Do … or Die

Adaptive design. It’s one of the big buzzwords in digital media right now, but what does it mean? Nick Davison, director of web development for ad firm Digitaria, has come up with the quickest explanation we’ve ever seen, not only for adaptive design, but for static, liquid and responsive designs as well. Best of all, it’s almost completely visual.

4ThingsMediaCompanies

Use These 5 Design Elements to Create the Optimum Blog User Experience

One of the main unacknowledged problems with today’s websites is that many just follow the favorite design of the month. When Flash was born, we got bombarded by Flash-based sites that took forever to load. When sliding banners came along, almost everybody wanted to have one too.

uprinting

21 Fresh Examples of Websites Using HTML5

After all the buzz involving the HTML5 CSS3 duo, it is nice to check how websites are using all the good practices you can get from HTML5. When the buzz around the subject started, we could see a lot of websites totally animated. Now, after all the benefits of HTML5 settled, we can see websites taking advantage of it to create smooth transitions, nice image sliders and subtle animations. It is interesting to see the evolution of practices in this matter and that is why today we gathered some examples of websites using HTML5. Enjoy!html06

25 Neat CSS3/Javascript Plugins and Coding Techniques That Will Boost Your Productivity

Using CSS3 and Javascript, you not only are able to do some awesome stuff but also to do it more efficient and faster. If you don’t know how to work with cascading style sheets or with JavaScript, then the best way to learning it is by looking at some examples, tutorials and coding techniques.

1.-css-jquery-technique

12 Extremely Useful And Powerful Free CSS Tools

Don’t Forget to participate in a contest where you can win the world’s biggest UI elements pack “Impressionist User Interface Elements Pack” for 3 winners (1 developer license and 2 personal license) to design your project more creatively.

csstools31

11 Useful CSS Code Snippets for Responsive Web Design

Mobile responsive web designs have become extremely popular in the last 2 years, and with a very good reason. As such it’s common to see more code snippets published on the blogosphere, Github repositories, Codepen docs and more.

responsive-design3

Getting animations to trigger at the right time

When we redeveloped our new website, we decided to use CSS3 animations to provide an impressive and interactive site experience. However, we struggled to time the animations to trigger at the right time.

Image2

50 Useful Tutorials To Learn PSD To HTML Conversion

Once again we have gathered a very useful and helpful collection of detailed tutorial for PSD to HTML conversion. Today, every designers, web developers or blogger should know how to convert PSD files to HTML code. This technique is very important for them because with this technique they can easily convert their designs into active blogs or websites. And also this technique makes their work easy and save their valuable time too.

psd-to-html-conversion-01

The post Weekly News Roundup – 18 January 2013 appeared first on Design Reviver.


Seven Beautifully Designed Comment Sections

They say beauty is in the eye of the beholder – and this is certainly true when it comes to blogs. Comment sections are not normally thought of as needing a lot of design, so when someone comes up with a good way of convincing you to send a message then it can only be beneficial for business. Here are some interesting examples:

1. Crude Fitness

crude-fitness

A site geared towards building that six pack; it is dark and gritty but there is a humour that pervades a lot of the articles. The stark layout with white type on black background really makes everything stand out. The comment section at the bottom of their articles gives a lot of space for people to give their opinions and is very clear to read. The whole presentation is beautiful – but in a masculine kind of way.

2. Snilesh

Snilesh

With capitalised text drawing your attention to the entry field of the comments section, this site’s blog is the perfect example of simplistic web design. Colours are kept plain with a white background and black text ensuring everything is easy to follow. Comments themselves blend naturally with the background, becoming an integral part of the article itself.

3. Shoe Passion

Shoe-Passion

A beautiful German site with plenty of stylistic features to enjoy, the comments section is particularly impressive with a simplistic layout and strategic use of graphics. Entry fields are given a light blue text box whilst the general input area is defined by a small image based icon of a pencil – a simple way to show users that it’s their turn to contribute.

4. Recovery Photo

Recovery-Photo

Another beautiful site, you’ll even find an easy to follow comment entry field at the bottom of the homepage. This will help you get exactly what you need from this fantastic service with the layout teaching us a few lessons in alternative ways to organise comment sections. The entry field uses grey text boxes on a black background for a bold contrast with text appearing in a lighter shade – combining subtly with extroversion.

5. Tangential Musings

Snilesh

Another simple WP format, comments here benefit from the ability to have your account picture displayed alongside your comment. The size of the images is fairly large when compared to some sites meaning that it’s easy to see exactly who said what. Those without pictures assigned have their comments printed on a simple plain background whilst those with a picture are upgraded to a light blue background – a simple differentiation which adds an extra layer to the comments section. The entry field is also well organised with the “submit� button appearing in a bold blue colour to encourage users to comment.

6. Demain J’arrête

Demain-Jarrete

This beautiful French site maintains its cartoon-esque graphics throughout the comments section to great effect. Posters names appear to the left of the comment body and in bold face to identify them from the rest of the post. There are no text boxes or lines to separate the comments, providing a seamless and continuous appearance which works well with the rest of the site.

7. Android Kit

Android-Kit

We love this site for its quirky graphics which resemble traditional computer screens with a black background and toxic green text. Comments follow the same format as the main articles, once again creating a seamless appearance within the blog. Text colour is the same with a slighter darker shade differentiating between the name of the contributor and their message – a simple yet effective system.

If you are looking for a domain provider, web hosting and a ready-made website, then you could design your own website here in a snap but for inspiration on how to set out your comments section, you can bookmark these examples or check out our own comment section :)

The post Seven Beautifully Designed Comment Sections appeared first on Design Reviver.


The Myth Of Hand-Lettered Typography: Understanding The Difference Between Type And Lettering


  

Coming out of the grunge, graffiti and David Carson era through the ’90s, there has been a major resurgence of interest in typography. We have seen a number of designers and artists make their careers out of designing type or custom lettering, and it has become common to list typography among our skills and disciplines.

Unfortunately, as with any popularity surge, there have come with it a lot of misunderstandings of some of the terms and concepts that we use. This article will help you gain a clearer understanding of what typography is and isn’t, and why.

One rather common example of this is the myriad of blog posts and showcases claiming to display “hand-lettered typography” — I’ve even heard university professors say it. Though the phrase seems to make sense, it’s actually a contradiction in terms — hand-lettering is not typography at all! Before you throw your pens and brushes at me in protest, please let me explain!

Lettering

Even though lettering and typography share many of the same concepts, and a good eye and understanding of one will enable you in the other as well, they are completely different disciplines. Let’s begin by defining how we understand each term.

What Is “Typography”?

Typography is essentially the study of how letterforms interact on a surface, directly relating to how the type will be set when it eventually goes to press. One definition is stated as “the style, arrangement or appearance of typeset matter,� and is a product of the movable type printing system that much of the world has used for centuries. It is related to typesetting and can include type design. In our current digitally-driven design world, this means working with fonts on a daily basis for most of us.

Typography is actually a subset of lettering, because it is the study of letters applied to typefaces. Many designers have also taken up letterpress printing as a hobby or side interest, which also utilizes aspects of typography or typesetting, depending on the project.

Typeset book pages.
Typeset book pages. (Image: Tom Garnett)

Gerrit Noordzij, professor of typeface design at the Royal Academy of Art in The Hague, Netherlands, from 1960 to 1990, defines typography as “writing with prefabricated characters.� Peter Bil’ak, founder of Typotheque, notes that this “implies a complete distinction from lettering, handwriting or graffiti, which are also concerned with creating letter-shapes, but don’t offer a repeatable system of setting these letters.�

It is quite common for people to refer to lettering as typography, but you should always avoid doing so when speaking with a client. Typography might be used in a logo, but so might custom lettering. Your client may not know the difference, but you do, and it’s important to have an educated client. This requires that we speak to them using the right terms, and it makes things easier to understand for both you and your client.

In addition, as designers of any sort, we strive to maintain a high level of professionalism, and using terminology correctly is an important part of showing pride in our line of work and being confident that we can do it, not simply to get the job done, but to produce excellent work.

What Is “Lettering”?

Lettering can be simply defined as “the art of drawing letters”. A lot goes into making lettering look right, and that’s an entirely different topic, but the concept is very simple: a specific combination of letterforms crafted for a single use and purpose as opposed to using previously designed letters as components, as with typography. Often lettering is hand-drawn, with pens, graphite or brushes, although some people start their work directly in Adobe Illustrator. Engraving and similar arts are related to lettering.

New York script by Simon Ã…lander.
New York script by Simon Ã…lander.

Just as typography is not lettering, lettering is not typography. Widely respected lettering artist Jessica Hische gave a talk on the subject at the FRONTEND 2011 conference, for those who “don’t understand the difference between lettering and type,” getting into the pertinent information with some concise definitions at around ¾ the way through the video.

Typography does indeed have similarities to lettering — it is still dealing with letters, but within the context of typefaces and their proper use. Therefore, it’s not a good idea to refer to typography as lettering, since they have different connotations and you don’t want to confuse your client by swapping terms. Again, accuracy in terms is an important element in any profession and design is no different.

Similarities And Differences

The visual concepts that are behind typography and lettering are largely shared by both disciplines. Letterspacing, consistent weight and contrast, the rules that we go by for what works and what doesn’t work, still apply. However, often the terms used are different. For space between two lines of text that are typeset, we use the term “leading,” referring to the strip of lead that printers would set between the lines of type to give more space. The same concept applied to lettering would simply be called “line spacing.”

Upper case of type containing uppercase glyphs.
“Upper case” of type containing uppercase glyphs. (Image: Marcin Wichary)

The space between letters is also an important concept, and lack of attention to it is responsible for much of the bad typography we see today. When working with type, we call adjusting the horizontal space between characters “kerning,” but this is a modernized understanding of the term. In typesetting, a kern is part of a glyph that extends beyond the type block on which the character is molded, e.g. the terminal of the “fâ€� in the image below.

A kerned f type block.
A kerned “f� type block.

In lettering, however, avoid referring to this as kerning. Rather than saying that the “A� and the “V� could be kerned, we could say that the space between them could be tightened up.

Typography is used for endless applications, from titles to body text, some of which present a myriad of typographic considerations that those concerned with lettering will not have to think about. Lettering is almost exclusively used as display text — imagine lettering a few paragraphs of text by hand!  Calligraphy is a much more likely to be used in longer passages of text. While calligraphy and lettering are once again related, there is a fundamental difference between the two that I’d like to point out.

Calligraphy is based on penmanship; it’s essentially “writing letters.” Lettering, on the other hand, is based on draftsmanship, i.e. “drawing letters.” Persevering calligraphers and scribes have famously done books as long as the Bible, which are incredible works of art in their own right (e.g. the Lindisfarne Gospels, the Book of Kells), but those were a lifetime endeavor, and for practical purposes we now use typefaces. Whew!

Illuminated (lavishly decorated) lettering in the Lindisfarne Gospels, from the Gospel of Mark.
Illuminated (lavishly decorated) lettering in the Lindisfarne Gospels, from the Gospel of Mark. This particular page showcases a lettered portion as opposed to a calligraphic passage, i.e. drawn rather than written. (Image: manuscript_nerd)

The differences, in the modern digital age, are sometimes theoretical, but the practical differences are huge — nobody wants to hand-letter 500 pages!

Some tenacious calligraphers, however, have undertaken monumental projects, such as the St. John’s Bible, a modern manuscript completely written and illuminated — a calligraphic term for embellishing — by hand. It took about 13 years, from commission to completion, using traditional techniques such as quill pens and manually-applied gold leaf, and cost an estimated $8 million. The incredible proportions of this project are a testament to the beauty of traditional techniques, but also a reflection on how printing and typography have changed the world.

Historically Speaking

The arts of both lettering and calligraphy have been around since time immemorial. Spoken languages quickly developed writing systems, which were then used to communicate through a more enduring medium than speech. Lettering and calligraphy evolved alongside each other, along with other letter-related arts such as engraving. We can follow the progression, from the Rosetta Stone and ancient Roman inscriptions to the works of scribal art mentioned above and more. History has provided us with endless examples of lettering and calligraphy, by engraving, pen and brush.

Traditional Chinese Calligraphy.
Traditional Chinese calligraphy. (Image: Terry Madeley)

Although very few people could read, and writing was relegated to monasterial and royal scribes through the Middle Ages in Europe, we have some awe-inspiring work from that period. Unfortunately, we often overlook the beautiful calligraphy and lettering that was being done in Asia and the Middle East, where an education in the arts was much more accessible. Both lettering and calligraphy have thrived in the eastern hemisphere and continue to be a source of inspiration today.

Calligraphic art in the Hagia Sophia, Istanbul.
Calligraphic art in the Hagia Sophia, Istanbul. (Image: Simona Scolari)

When Johannes Gutenberg built his printing press around 1439, the concept of typography, which had been developing slowly, was revolutionized. The moveable type system, metal alloy and casting methods gave the world a practical solution to printing. This gave rise to the discipline of typography as we know it, with kerning, leading and the terms we still use today. Each letter had its own type block on which it sat, and typesetters would arrange the type character by character.

Inside a Gutenberg Bible.
Inside a Gutenberg Bible. Note the mixed use of blackletter typography and hand-lettered drop caps, mimicking the contemporary German calligraphic style. (Image: jmwk)

Typography was, and has continued to be, primarily the skill of setting type. It was a very time-consuming process, and people were constantly trying to find ways to streamline it and increase production rates. Standardized methods for arranging the glyphs so their positions could be memorized and picked up by the typographer without having to look were developed. This gave us our terms for upper case and lower case characters, because an upper case, or drawer, typically contained the capitals and the lower type-case the minuscules, before the California Job Case, popular in the United States in the 19th century, combined both levels into one larger case.

A chart displaying the layout of the California Job Case method for arranging type.
A chart displaying the layout of the California Job Case method for arranging type. (Image: Marcin Wichary)

Leaving typography at this point in its development, I’ll follow the progression of lettering and calligraphy. During this period of experimentation with printing, calligraphy still played a huge role in communication, and the educated would write in a hand that amazes us today as to the beauty and accuracy of their manuscripts. Swashes, ascenders and descenders wove themselves into amazing patterns and borders, sometimes all but obscuring the text itself.

Ornate sample of penmanship by Jan van de Velde, Amsterdam, 1609.
Ornate sample of penmanship by Jan van de Velde, Amsterdam, 1609.

Lettering and calligraphy followed cultural trends, leaving the Rococo era and becoming more sober during the early 19th century, only to flower into ornament once again through the Victorian era and the florid shapes of Art Nouveau. The worlds of type and lettering constantly intermeshed. Many people, such as Oswald Cooper, achieved respect for their lettering and were hired by type foundries to design new typefaces.

Title pages from German avant-garde publications Dekorative Kunst and Pan, examples of lettering during the Art Nouveau movement.
Title pages from German avant-garde publications “Dekorative Kunst” and “Pan”, examples of lettering during the Art Nouveau movement.

Lettering figured strongly through Art Deco and Modernism, for posters and ads, logotypes and book covers. The relatively recent art of film titles also provides us with a wide range of illustrative lettering styles from the 20th century. Coming out of the Modern era and through the latter half of the 20th century lettering went through a variety of permutations — the organic styles of the 70′s, the new modernism of the 80′s, and the grungy 90′s styles aforementioned — bringing us to our modern lettering scene, with a smorgasbord of visual references to every period of history imaginable. Designers such as Herb Lubalin and Doyald Young, the metaphorical giants of lettering, have left a huge legacy from this time period.

Lettering by Herb Lubalin displaying his studio address.
Lettering by Herb Lubalin displaying his studio address.

Here I will step back in time to pick the thread of typography back up. The development of techniques continued through the 19th century, and printing played an important role in world history, such as Benjamin Franklin’s publications and Thomas Paine’s printed materials — The Rights Of Man, Age Of Reason, et al — that were instrumental in the American Revolution.

Meanwhile, after many inventors had tried and failed to create a practical typesetting machine, Ottmar Mergenthaler succeeded in building the linotype machine in 1884, which revolutionized the newspaper industry. I won’t say more about it here, but if you’re interested in the history of typography, I would highly recommend taking a look at the documentary Linotype: The Film. This is not a sponsored statement, I simply enjoyed the documentary immensely and you may want to check it out!

A look at a linotype machine.
A look at a linotype machine. (Image: Marcin Wichary)

The linotype was just one of the machines used to expedite the typesetting and printing processes, and although some people still hand-set type, the industry as a whole was continuously changing to introduce faster and better techniques. Typography was explored in the various art movements, from Dada to Modernism and beyond, rethinking ways in which type could be used and given expression and meaning. As typography, experimental and traditional, progressed, the techniques segued to phototypesetting and from thence to the digital age in which we find ourselves today. Typography as a discipline looks very different than it did 50 years ago. Instead of setting metal type and locking in forms, we use panels in Illustrator or InDesign to kern, add leading and align our type.

Lettering has also moved into the digital format in which we enact most of our design work. Many artists, however, stay true to analog media by hand-drawing lettering.

Lettering by Tom Lane for Hook & Irons.
Lettering by Tom Lane for Hook & Irons.

The digital amalgamation has been largely responsible for the confusion of lettering and typography, since they are now often created using the same programs — the difference between the two is no longer the difference between a brush and a letterpress machine, or a drafting table and linotype matrices. However, lettering and typography are still different concepts, and understanding them and their similarities and differences will help us become better designers.

Getting Started On Your Own Hand-Lettering

For those looking to begin creating hand-lettering of their own, it can feel a bit daunting. The letterforms that we see so often prove very difficult to draw freehand. Thankfully, there are a lot of tips and tricks you can use to familiarize yourself with the process and learn how to create pleasing compositions.

Tracing

Get some tracing paper, and print out samples of well-known typefaces. Trace them over a few times, letting your hand become used to the lines that type designers have carefully worked over and revised until they were perfect. Some good ones to start with are time-honored classics such as Garamond and Caslon, or exceptional recent works such as Okay Type’s Harriet. Avoid using free fonts, since they are often poorly crafted and wouldn’t provide a good model. This allows you to train your eye and hand using the work of masters.

Reading

Read voraciously! I’ve listed a number of resources at the end of the article for you to check out — books, blogs and other resources. Knowledge is power, and understanding principles behind type design and letterforms help you develop your eye.

Photo Safari

If you live near a town with a historic district or old buildings, make a point to spend a few hours on a weekend just walking around and finding samples of good typography and lettering. You can find great examples in outdoor signage, whether lighted signs, painted or vinyl. Often there are huge letters painted on brick walls at old factories or restaurants. Then, use your photos as models to draw historic styles of lettering.

Use a Grid, but Don’t Use a Grid

When lettering, you’ll find that perfect measurements often don’t actually look “right.� Draw lines to help yourself keep a consistent stress and even weight throughout your lettering, but trust your eye rather than the grid if something doesn’t look quite correct. This is particularly true if you’re doing something with a curved baseline. Remember, you’re making this to be seen, not measured, so perception trumps geometric perfection.

Resources

Here are a few resources that I have found to be particularly helpful, concerning both lettering and typography.

Books

  • Dangerous Curves, Doyald Young
    This volume showcases some of the best work over Young’s illustrious lettering career, including rejected logotype options and in-process sketches.
  • Scripts, Steven Heller and Louise Fili
    From two of our contemporary design landscape’s most respected proponents of lettering and type comes a “veritable festival of rare and unknown scripts.”
  • Typography Sketchbooks, Steven Heller and Lita Talarico
    Heller teams up with Talarico to present a look inside the minds and processes of more than 100 esteemed letter-lovers.
  • Designing Type, Karen Cheng
    Cheng walks us through a semantic look at the rationale and aesthetics behind the typefaces we see and use regularly, replete with diagrams and illustrations.

Websites

  • Typeverything
    A tumblog of lettering and typography, curated by some of the most respected current lettering artists.
  • Calligraphica
    Another Tumblr website showcasing calligraphy of all styles and languages, again curated by amazing calligraphers and letterers, including some of those involved in Typeverything.
  • I Love Typography
    In-depth blog posts about type history and lettering, interviews with type designers, updates on upcoming type-related publications — ILT provides a good read for serious letter lovers.
  • We Love Typography
    Compiled by typographers and designers of all sorts, another showcase of type and lettering with styles for everyone.
  • Beautiful Type
    This site isn’t updated terribly often, but whatever and whenever they do post, it’s inspiring!

Portfolios

Here are a few portfolios from great lettering artists that have inspired many:

In Summary

Hopefully this dissertation on lettering and typography has enhanced your knowledge of design and will further equip you to improve your skills. Lettering and typography, so similar yet so diverse, are a huge part of design and thus deserve our full understanding.

(cp)


© Joseph Alessio for Smashing Magazine, 2013.


Frank: A Free WordPress Theme Designed For Speed


  

Today we are pleased to release Frank, an open-source WordPress theme designed and built to provide a light, responsive and unobtrusive reading experience. The theme’s default home page makes 9 database queries and consists of 2 requests weighing at roughly 30KB (9.5KB gzipped). Frank keeps it basic: no Javascript dependence, no unnecessary images, just a simple, no-frills, fast blog theme. The theme is introduced by its developer, P.J. Onori. —Ed.

Frank is a responsive WordPress theme. It uses a modified version of the Foundation grid system. It also offers the unique feature of a modular home page layout system. The theme comes with various different layouts for your home page (1 column, 2 column, 3 column, 4 column, etc.) that can be mixed and matched. This allows for a home page with different content sections in different layouts.

frank-layout

With intense use of HTML5 and CSS3 Frank cuts down on complexity and improves performance. Frank works decently on Internet Explorer 8+. However, at the moment no guarantees are given for any earlier IE versions. It is packaged with the parent theme (in the frank directory) as well as the child theme (in the somerandomdude directory) which I use for my own site. By using Frank, my home page weighs in at 43.65KB over 6 requests (Google Analytics accounts for ~15.5KB and 3 requests). In addition, 33.78% of global page loads completely within 1 second or less (55.75% in the US). On Google Page Speed, the demo gets an overall PageSpeed Score of 97 (out of 100).

Also, Frank uses a subset of Foundation to provide a responsive layout for desktops, tablets and phones. Add this to the theme’s small footprint and you have a mobile-optimized blog. The theme is 100% open source and developer-friendly. The parent theme (/frank) is released under the GNU Public License and the child theme (/somerandomdude) directory is released under the Creative Commons Attribution-ShareAlike 3.0 Unported License.

Demo and Downloads

You can check the live demo of the theme.

home-somerandomdude-500

Why Did I Make Frank?

There are three reasons:

The first reason was to make good on a promise. I made the commitment that everything I created on my site would be open source. That is how Iconic was born, and this is how Frank came to be. My site is now 100% open source.

The second reason is that I believe that speed is an essential part of user experience. I wanted my site to reflect that belief.

The last reason is that WordPress has an unfair reputation of being a slow, resource-hungry blogging platform. Make no mistake, WordPress can be slow, but that is often due to poor use. I wanted to make a WordPress theme to break the unfair stereotype.

Frank shines for sites that need a no-frills blog that focuses on the reading experience. Frank is not for everybody, but it shines when used in its sweet spot.

Reading Experience: Example

Future Development

Frank is ready to be used, but there is still a long way to go until it’s in tip-top shape. This theme can and will get faster. Here’s what is currently being worked on.

  • Greater typographic and visual polish
  • Increased CSS optimization
  • HTML cleanups and structural improvements
  • Modernization and optimization of Javascript components
  • Improved organization and structure of SCSS files
  • Developer-friendly build tools
  • Guides for optimal use of Frank

Credits

This theme was built with significant help of some great folks. My sincere thanks to Felix Holmgren, Jon Christopher and Josh McDonald for their tremendous contributions.

(ea) (vf)


© P.J. Onori for Smashing Magazine, 2013.


Killing Contracts: An Interview With Andy Clarke


  

Editor’s Note: Andy Clarke is known for his design work, books, conference presentations and contributions to the design community. Over the last 14 years, he has designed for amazing clients, written two books, and has given over 50 conference presentations and hosted workshops and training events for Web professionals all over the world.

Andy Clarke
Image by Geri Coady.

Do you remember those “10 Useful Legal Documents for Designers?� Well, it turns out that you, designers who read Smashing Magazine, liked one in particular: a plain-language, straightforward “Contract of Works for Web Design,� which is based heavily on Andy Clarke’s “Contract Killer�. Since Mr. Wong published that template ten months ago, more than 1,600 designers have downloaded it on Docracy alone.

Why is this legal template so popular? Does it really work better than other contracts? Can it help you close that job faster and protect you from getting stiffed? Could it become an industry standard, like grid systems and agile development? Could it help designers save money on legal fees? Who better than Mr. Andy Clarke himself to answer these questions!

Question: Hi, Andy. Your company is called Stuff and Nonsense. That’s how many people would define contracts. Why do you think contracts are often unreadable and puzzling, and what brought you to write your own model from scratch?

Andy: Being at best obscure or at worst intentionally misleading is precisely how many people view contracts. That’s likely because the contracts we are so often asked to sign have been written in language that’s unfamiliar to most of us. You might think that contracts must be written this way, but they don’t. Contracts can be written in any style you like, in language that’s as formal or as informal as you are. Use your contract to set the tone for the relationship with your clients. Of course, you’ll need to cover all the issues, but there’s no reason you can’t do that while still being you.

I appreciate plain speaking, and I try to be as direct as possible in the way that I talk with my clients. Over the years that I’ve run Stuff and Nonsense, I’ve seen a lot of contracts, and none of them either had my “voice� or covered the specific aspects of Web design or development that are important to my work. I was frustrated with what I found, so I sat down one day to write my own contract, the “Contract Killer,� and published it for anyone to use.

That was, amazingly, four years ago, and although some of the details of that original Contract Killer have changed, the fundamental principles have stayed the same. That’s because many of the issues that designers and developers and our clients face have also stayed the same. Still, in the latest version, Contract Killer 3, I’ve made some changes to reflect what many of us are doing now, particularly in relation to responsive and mobile design.

Battle of forms.
Conflicting terms of standard form contracts often result in legal disputes. Image by Steve Snodgrass.

Question: How do clients react when you send them the Contract Killer? Do you ever have to fight the “battle of the forms�?

Andy: The original reaction to Contract Killer was astonishing, and over the last four years the feedback I’ve received from designers and developers has been overwhelmingly positive. I know of some people who say that the contract has helped them get work. Many use Contract Killer out of the box, while others include their own payment terms and copyright assignment. Some have added whole new clauses — for example, about termination. I feel very, very happy that so many people have found Contract Killer useful.

Reaction from my own clients has been overwhelmingly positive, too. No one has ever refused to sign it, and no one has asked for it to be replaced with another contract. In fact, the simple straightforward language has encouraged my clients to sign and return it faster than any other contract I’ve ever used. I guess that’s because being clear means there’s less need to check with a lawyer.

Question: You’ve been using this contracts for years now. Has it held up? Did you find some edge cases that exposed certain weaknesses? And, if so, how did you fix the problem?

Andy: I’ve used Contract Killer with every client for the last five years. Occasionally I’ve made changes to specific clauses — often around copyright assignment — when clients have requested that. But you know what? That’s OK. A contract is just another point for us to communicate — in this case, negotiate — with our clients. Changing a few words doesn’t matter much. How we handle changing those words matters a lot.

I’m now much more explicit about the fact that browser testing is about ensuring that a person’s experience of a design should be appropriate to the capabilities of the browser or device they’re using and that websites will not look the same in browsers of different capabilities or on devices with different-sized screens. I’m also particular about the desktop and mobile browsers I test on, although I know this will vary between designers and developers.

Question: Do you have any tips on how to use a contract as a communication tool? For example, how do you handle a client who requests an overly broad license?

Andy: Many clients, too many in fact, know little about what’s expected or involved in a successful Web project. They may have had a poor prior experience, so even if they don’t come right out and say it, they’re looking to you to show them how it’s done. Your contract is a great place to start showing them how you do business. Handle this stage well, and your project will run much more smoothly. Let’s look at an example from Contract Killer 3, the copyright ownership clause:

We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.

It’s a fair clause that’s designed to prevent a client from using and reusing the work for other projects without agreement. This means that if you design an e-commerce store for them, they can’t launch a second site using the same design. This is a sticking point for many people, who wrongly expect that they will own the rights to everything they pay you to produce for them for any purpose.

When this happens, explain the good reasons why the clause exists and, if it’s appropriate, offer them a new price that includes complete ownership and that reflects its potential value to them in the future. Don’t be afraid to stick up for what you’re asking, and always, always remember, this is your contract that you’re asking them them to sign. Make it work for you.

Contract
Make your contract work for you. Image by Steve Snodgrass.

Question: In Contract Killer 3, you argue against fixed pricing, but you also promise flexibility. Can you explain how to negotiate a pricing scheme with a client who prefers fixed pricing or insists on a cap?

Andy: Fixed or project-based pricing has its roots firmly planted in the old-fashioned waterfall development process. But many people, including me, have moved to a more agile-based way of working. In an agile workflow, change is embraced, even encouraged. This means that fixed-price contracts quickly become irrelevant because if the requirements change, the price might change, too.

I organize my projects into week or two-week long sprints. Each sprint has a theme, a set of requirements that I’m going to finish during the period. It might be a sign-up process one week and a shopping cart the next. We’ll cover all the areas of a project across these sprints; and because the client knows the price in advance, he or she can budget. If a client has a great idea for something new or wants to change their mind, no problem. I roll up those requests into another sprint week, and the client can then make a business decision about spending money on those items.

Question: Have you ever faced a situation in which a client was asking for too many changes, one after another? How did you deal with that?

Andy: Several years ago I worked with an agency on a new site for a travel company. The agency had negotiated the price with its client, and I worked on a fixed price. Although the agency had drawn up the original brief and I followed that up with my own scoping meetings, things quickly went downhill as the client flip-flopped through ideas and change requests that were costly and complicated. I tolerated the situation as long as I could, but it became apparent I was making a loss on the project, and I withdrew.

This problem arose not because the client changed their minds — no, that shouldn’t ever be considered an issue; in fact, it should be encouraged — but because the agency and I were working to a fixed price. This left everybody with a bad taste in their mouth. Had we all worked in the agile way I just described, changes would never have been an issue, and it’s likely the project would have been a success, rather than a failure.

Question: What are the top three things a designer should keep in mind when preparing or reviewing a contract?

Andy: First, and possibly most importantly, you should ask your clients to sign a contract every time you work with them. It doesn’t matter whether they’re a first-timer or you’ve worked with them a dozen times: it’s vital that you agree on the scope and terms of the work. It took a while, and one or two unfortunate experiences, for me to learn that contracts are intended to set out what both parties should do.

Make the contract your own. It’s great that people like Contract Killer so much that they’ll use it out of the box, but your contract should be in your voice, not mine. Use the writing of a contract as an opportunity to put your personality into your paperwork. There’s no reason why a contract shouldn’t be funny and a joy to read. After all, you want someone to sign it.

Lastly, take the time to tailor a contract to a particular client and project, and make sure you’ve addressed everything you’re going to do for them. If you get a hint of any potential issue — for example, that they personally use an old browser or device — write about how you’ll handle that in your contract.

Stuff & Nonsense
Stuff & Nonsense – amazing design work for amazing people.

Question: Despite the saying, the client is not always right. How can you say that to them without being the a*shole?

Andy: No one, no matter who they are or what they think, is always right. (Well, except my wife. She’s always right about everything. Obviously.) One thing I’ve learned over the years is that clients love to feel involved in the design process. Sometimes, though, they make suggestions only so that they feel they have put their stamp on the project. There are simple ways that designers and developer can prevent this from happening. This is something I wrote about recently for Smashing Magazine:

  • Don’t email pictures of websites to your clients and then ask for their “thoughts.â€�
  • Don’t wait until after weeks of work to have a “big reveal.â€�
  • Set up the proper environment to receive structured feedback, and then ban all unstructured feedback you might receive by telephone or email.

Please remember: you are the designer. You are the person who has been hired to solve a problem that the client either can’t or doesn’t have the time to solve themselves. Your solution to that problem is worth a lot to their business, so never underestimate your role, skills and influence in the design process.

Question: I hear you are working on a “Killer NDA� (non-disclosure agreement). Sounds great.

Andy: Writing a Killer NDA has been on my mind for a while, as I’ve been asked to sign some horribly confusing examples over the years. I have no idea why NDAs have to be so complicated; after all, their intent is to make sure that everything that’s shared stays secret.

I’ve called this contract “Three Wise Monkeys� — see no evil, hear no evil, speak no evil. Three Wise Monkeys deals with just three things:

  • What’s confidential?
  • What can we say?
  • How long does the agreement last?

You can read it here. It’s licensed under Creative Commons 3.0, so if you want to personalize it, you can do so. It’s also on GitHub and Docracy.

Andy's Three Wise Monkeys contract.
Simple is good. Andy’s “Three Wise Monkeysâ€� contract deals with just three things. Image by Anderson Mancini.

Question: Last question: who are the “men with big dogs� referenced at the very end of your contracts?

Andy: I’m not afraid to say that on several occasions we’ve been forced to hire a debt collection agency to recover our money. On one occasion, we hired a debt collector from the client’s town, because we knew he would be ashamed if it became known locally that he was a bad payer. There’s no excuse for late or non-payment, and you should never be apologetic about wanting your money. Always remember, if you’ve done the work, you deserve to be paid. So, when all else fails, hire a professional. Preferably one with a big dog.

Have you used Contract Killer or a version of it? Share your experience in the comments!


© Veronica Picciafuoco for Smashing Magazine, 2013.


  •   
  • Copyright © 1996-2010 BlogmyQuery - BMQ. All rights reserved.
    iDream theme by Templates Next | Powered by WordPress