Tag: ethics

After reading about the Fairey Copyright Case, it was shocking to see the dispute that occurred over the use of Garcia’s AP photograph submission to create a presidential campaign poster. This case definitely seems complicated especially at the time of its origination, when photography was beginning to rapidly advance to DSLRs and art was being shared to online mediums. Even though Fairey’s understanding was that he was utilizing the photograph in a fair nature and new, creative, way, it really boils down to the time if courts were able to determine the legitimacy of cases like these over the importance of copyright, as reflected in the “Case Study on Fair Use and Fair Dealing: The Hope Poster Litigation.“

Based on The New York Times article, “Shepard Fairey Is Fined and Sentenced to Probation in ‘Hope’ Poster Case“, the explanation of the case ends with a statement by Gary Pruitt that says: “We hope this case will serve as a clear reminder to all of the importance of fair compensation for those who gather and produce original news content” (NYT). Though this case blew up to the proportion that it did, it also raises this point that Pruitt says about truly just and fair compensation for those affected by copyright. It is important for designers to attach appropriate copyrights to their work, especially now in a digital age that we share our designs online for the world to see. AIGA’s “Guide to Copyright” discusses the use of copyrights, such as registering creative work and designs, in addition to the natural copyright that exists in the creation. As AIGA’s reading emphasizes, having a registration of a design allows for the record and entitlement of damages and fees in the case of claims such as infringement of work. Across all fields of the law, having an official paper trail can be very helpful in the long run, especially in the case of an unfortunate lawsuit that can happen, just like the ‘Hope’ Poster case.

References:

“Reflections on the Hope Poster Case,” 25 Harvard Journal of Law and Technology 244 (2012).

“Shepard Fairey Is Fined and Sentenced to Probation in ‘Hope’ Poster Case,” The New York Times, (2012), New York City; Randy Kennedy.

“Guide to Copyright” AIGA. (2009). PDF. New York City; Tad Crawford, AIGA.

The readings that were assigned to us for this internship class have definitely opened my eyes in the understanding of ethical perspectives, concepts, self-awareness and other issues. All of these aspects allow me, as a designer, to apply the values of ethics not only in the workplace but in the brand that I extend and build for myself. In all of these years of academic education, I have learned the principles of the importance of copyright from the early years, taking creative classes in high school. When giving presentations for class projects, it was always important to have references to the imagery that was used from online sources, even down to the elements or presentation templates. I was able to apply this knowledge to all of my college courses as well, and reading up on the detailed logistics and reflections of ethics in graphic design expanded on these understandings.

In terms of giving artistic credit, it is important to acknowledge laws such as the 1976 Copyright Act, explained by AIGA’s “Use of Illustration” (p50) reading that highlights use of art by illustrators. As supported by the reading, original artwork always belongs to the creator/illustrator from the moment it is created. Even if buyers purchase an artwork for use, the creator of the artwork remains as the owner, and any changes made to it must be done by themselves with permission. This same rule applies to photography, as highlighted by Sara Hawkin’s article “Copyright Fair Use and How it Works for Online Images”. It is important for designers and other creatives to understand the meaning of terms such as “fair use”, and “Digital Millennium Copyright Act”, which are some of the many aspects of understanding the use of work and copyright rulings.

An online childhood game that I loved, Club Penguin, was owned and shut down by Disney in 2017. During this time, dozens of “private servers” were created by individuals to completely replicate the game and “revive” it for the millions of users who played the original. One of them was recently shut down due to this being copyright infringement, even though the original game shut down years ago, Disney is still actively pursuing cases of those trying to revive the game. You can read more about it here on Wikipedia, “Club Penguin Rewritten”.

References:

“Use of Illustration”, AIGA, (2009), New York City; Brad Holland et al.

“Copyright Fair Use and How it Works for Online Images : Social Media Examiner” Social Media Examiner, (2019), Sara Hawkins.

‌

1B) At the beginning of the internship where I was filing paperwork, I indeed did have to sign a Non-Disclosure Agreement (NDA) which is why I am using certain omitted language and hypotheticals when referring to use of platforms and projects. It is important for the business to have a transparent image but also, for safety reasons, I feel like it is indeed necessary to have an NDA especially when working with sales products and a tricky industry such as the one we are in – CBD. When it comes to social media or online posts, we have to be careful about what we post in order to prevent ourselves from being flagged due to the use of certain keywords. Any other internal projects I do not discuss as well, in adherence to the NDA, and to follow the best company standards, just like discussed in AIGA’s “A Client’s Guide to Design: How to Get the Most Out of the Process” (p33). It is important to acquaint oneself with the business that they are working for and in order to act in their best professional responsibility, and to prevent any conflicts of interest due to negligence.

The signing of the NDA was very important to be aware of, and thus I have applied such importance to the journal entries for this internship class. Not only do I not want to carelessly post important private information, but I also want to create the best image for the brand. As an intern who is new to this industry and has no prior knowledge, I am not as experienced in the laws of communicating about CBD products, but I do have experience in the aspect of attaining wellness and being a part of programs and communities that reach to spread wellness in lifestyles.

The Design, Photo and Apple Geek – Melissa Wolowicz’s “Ethical Issues in the Graphic Design Business” raises some points on taking on the work with a business that you align with as a graphic designer. “If a designer does not agree with [the company’s beliefs], then he/she should not take on the work.” (Wolowicz). Growing up in my household, there was a strict stigma about products stemming from the hemp plant used to make CBD, which is actually not the compound that causes a “high”. Due to our lack of knowledge, we associated them all to be used for reckless purposes, though that was not the case. When my father was suffering from cancer in his final years, I realized there were so many other purposes to the plant that provided medical assistance to those who had no other alternatives. In his memory, I took on this work with this company, not only to educate myself, but to spread the message that these products are to be used as alternatives methods of relief for those who suffer from a variety of ailments, and for those who seek community in this overwhelming city. This was a difficult decision because I was not sure where my ethical and moral standards were on the topic, but I am so grateful that I chose it because it taught me everything that I did not believe beforehand.

Being a graphic designer and part of this business means that I am taking part in a movement for ethical change in a nation that still heavily opposes the use of CBD products for medical and wellness purposes. I know that even prior to the time of my father’s suffering, there were thousands of others just like him who did not find relief in harsh treatments like chemotherapy, and did not have access to alternative reliefs such as CBD oils. Being a part of this, like Wolowicz says, means that what I create is a message for an audience, and especially for our progressing nation.

References:

“A Client’s Guide to Design: How to Get the Most Out of the Process” AIGA. (2009). PDF. New York City; Joanne Stone et al.

“Ethical Issues in the Graphic Design Business” The Design, Photo and Apple Geek. (2011). Melissa Wolowicz.

1A) It is very important for designers to understand and adhere to the guidelines of ethical reasoning and perspectives. As a student partaking in the CUNY Research Foundation’s Spring Forward internship program, my responsibilities and experiences lie between both the foundation and the business I have been chosen to work with, hustle + flo. From day one, there has been a streamlined application process with accessible formats to communicate with administration, from transcribed zoom calls, to recordings, email and text communications. From there on, we were given clear visual, audio and textual directions on our next steps, streamlined in digital formats shared through email. We had submitted both our personal and school emails, so communications were addressed to both to prevent any missed communications.

Within the business I am working with, the images that I have worked with for my assignments have been the property of hustle + flo co, in private photoshoots they had commissioned artists for. These photographs include the CEO, products that are sold on the website, the origins of the cbd products (farmlands in NY), and photos of the team holding the products for lifestyle. When testing designs, I was advised to also utilize Unsplash’s free stock images with proper attribution credits. AIGA’s “Use of Photography” (p93) emphasizes the point of using photography with notice of credentials, such as placing copyright adjacent to used imagery based on the stock agency’s appropriate licensing agreement. While I did search Unsplash stock images and placed them in some of the temporary design mock-ups, we decided to go with our own branded imagery to best represent our vision and message. This action also prevents the small risk of copyrighted content that may have been unknowingly placed on Unsplash, which is free for all users to submit content. Though, like mentioned in AIGA’s “Guide to Copyright” (p85), having content acquired through “work-for-hire” can be problematic. From what I’ve observed, though, the photographer in charge of the brand’s images had a written contract that allows both parties to be protected.

As for the use of content such as trademark and logos, our business has a dedicated folder on platforms such as: Canva, Dropbox and Google Drive for document sharing. This is important and very useful that the assets are shared across multiple channels, so they are always accessible if needed, along with us downloading the asset folders on our computers. When designing on platforms such as Canva, I take advantage of the folder there, for seamless placements of content in designs such as for social media posts or other mock-ups. As for the logo, we have a dedicated folder for a black text version of the company title and a white text version, both versions allow for easy use on a range of backgrounds, be they images or solid colors. I was able to experiment with design mock-ups using both asset versions, which saved me a lot of time of attempting to edit it into the inverse color. The entire brand has a thorough workbook of guidelines tailoring to h + f, and the design principles that it must follow in its work and portrayal across media channels. From a limited specific range of theme colors, to the UI of text ranging from titles to paragraphs, to the specific typefaces that are permitted to represent the brand, and more. All of these key elements are important to keep the brand consistent, which is one of its core values: transparency and consistency.

References:

“Use of Photography” AIGA. (2009). PDF. New York City; Tad Crawford, AIGA.

“Guide to Copyright” AIGA. (2009). PDF. New York City; Tad Crawford, AIGA.