Ethics In Graphic Design 2b: Artist Credit

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2b) After reading “Shepard Fairey Is Fined and Sentenced to Probation in ‘Hope’ Poster Case”, I do think Fairey handled the situation wrong. I can understand his argument that the “HOPE” poster was so transformed with design elements that it was hard to capture the essence of the original photograph. However, I feel like Fairey should have just succumbed to the idea of copyright infringement. . The biggest problem with this design is how big of an visual symbol this design became during Obama’s campaign. I am glad that they both came to a truce and decided to then collaborate with each other creatively instead of having this trial divide the two of them.

I can also understand the argument from the Associated Press. Although Fairey used his own creative spin for the poster design, he still used the original photograph as a reference which was he was not given permission to use. Even if the poster was altered the AP’s work still played an important role in the poster as well as in the President’s campaign.  To me, the outcome of the trial was less about artistic inspiration and more about honesty and responsibility. This case showed me that designers need to be extremely careful when using someone else’s work, especially when the design becomes public and popular.

References

“Case Study on Fair Use and Fair Dealing: The Hope Poster Litigation” Fisher, W. (2012). PDF. Cambridge; Harvard Journal of Law and Technology.

“Use of Photography” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.

“Guide to Copyright” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.