Drucillia Ralph

When it comes to the Fairey Copyright case, I believe the arguments and outcome were fair. As described in the “Case Study on Fair Use. and Fair Dealing: The Hope Poster Litigation”, Shepard Fairey did not take the correct course of action ethically when he created the initial design/work. He failed to obtain permission or the rights to use the Associated Press photograph by Mannie Garcia in the Hope poster, which became the optimistic symbol of Barack Obama’s presidential campaign, according to an article written by Randy Kennedy in The New York Times. On top of that, Fairey also tried to hide that fact to cover up his initial mistake which in my opinion was also morally wrong. Fairey also made claims that he never personally profited from sales of the image, which A.P. disputed. 

Ultimately I do believe the decision to fine Fairey and sentence him to two years probation was a fair decision as not only was Fairey ethically in the wrong on the copyright side, but he also tampered with evidence from the case. It goes to show that in a case like this no matter how great the work or design is we must always give credit where credit is due, and take courses of action to be fair and to gain the proper permission to use other’s work if we plan to utilize it in our own. This case is also a good reminder for artists and designers alike to study and understand how copyright, copyright laws, and usage work to avoid these types of mishaps. 

Citations | References

• “Case Study on Fair Use and Fair Dealing: The Hope Poster Litigation” Fisher, W. (2012). PDF. Cambridge; Harvard Journal of Law and Technology. 
• Kennedy, R. (2012, September 7). Shepard Fairey Is Fined and Sentenced to Probation in “Hope” Poster Case. ArtsBeat. https://archive.nytimes.com/artsbeat.blogs.nytimes.com/2012/09/07/shephard-fairey-is-fined-and-sentenced-to-probation-in-hope-poster-case/
• “Use of Photography” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA. 

The readings/chapters from AIGA’s Design and Business Ethics Handbook have strengthened my perspective on my owndesign work and my understanding of being a designer. I already knew how important it is to be an ethically responsible designer. Still, I do feel that I have learned more in-depth information about ethics in design after reading the chapters. I believe learning about copyright, the use of illustration, and the use of photography can aid me as a designer and inform how I approach design work currently, and in the future.

As the chapters outline it is also important to credit artists for their work. For example, an illustrator’s work should not be used without gaining permission from the creator. Another example, for photographers an agreement as to whether the photographer will receive authorship credit for photography in the final design project needs to be agreed upon by both the client and photographer according to AIGA. 

In the past when I have used other work to produce design work I typically would use fair use material or free to usematerial without requesting permission from the original license owner. In the work that I have done in collaboration with other students for class projects or real clientele, I have always made sure to credit the people who have worked on the project with me or make sure that it was known that the project was not done solely by me. I will continue to credit other artists where credit is due, and request permission to use work that is not solely my own. As designers, we must all havethe knowledge necessary about the legalities, copyright itself, and crediting artists appropriately.

Citations | References

• “A Client’s Guide to Design: How to Get the Most Out of the Process” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA. 
• “Guide to Copyright” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.
• “Use of Illustration” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA. 
• “Use of Photography” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA. 

An NDA or non-disclosure agreement/confidentiality agreement is a contract by which one or more parties agree not to disclose confidential information that has been shared as a necessary part of doing business collaboratively. It is a legally binding contract and protects confidential information such as trade secrets, business information, and intellectual property. This type of document establishes how confidential information is to be handled, and ensures that the work is only used for the agreed-upon purposes.

So far in the process of onboarding and obtaining my internship, I have not had to sign this type of document as of yet. I believe for a company of this size (relatively small) it would be a good idea to have this sort of agreement to protect their assets and IP (intellectual property) as at this time many smaller artists/companies are being taken advantage of by larger corporations. I have only had to sign the internship agreement form for this course thus far, which contains my personal information, the information of my supervisor, and the tasks/duties that I will be performing when it comes to the internship. If there is an NDA to be signed, I will be sure to adhere to the clauses in the document. I will also make sure to follow the guidelines set forth for me by the organization, and my supervisors, and will work to create works that positively reflect the company.

Citations | References

• “A Client’s Guide to Design: How to Get the Most Out of the Process” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA. 
• “Guide to Copyright” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.
• RocketLawyer. (2025). Non Disclosure Agreement. Scribd. https://www.scribd.com/document/91894008/Non-Disclosure-Agreement

Most organizations have a set of standard practices, or a code of ethics to abide by which serve as guiding principles in making fair decisions. This is no different for designers, whether they work with an organization/company or as a freelancer. The code of ethics in design outlines the designer’s responsibility to clients, the designer’s responsibility to other designers, designer’s responsibility to the public/environment, basic conduct, etc. According to AIGA’s A Client’s Guide to Design: How to Get the Most out of the Process, a professional designer adheres to principles of integrity that demonstrate respect for the profession, for colleagues, for clients, for audiences or consumers, and for society as a whole (Grefe, 33). The code of ethics helps protect both designers and clients when it comes to business. As for myself, when it comes to design and ethics, I will hold myself to the standards and practices personally and professionally. Although I have yet to begin my internship, I know that when I do begin, I will be sure to design ethically and treat the company’s trademarks and logos with respect and stick to their guidelines. There are real-world consequences when choosing to notdesign ethically. A few examples of this is discussed in the summary Ethics of Design. One that stood out to me was the marketing of Sunny Delight. The logo, the advertisements, the bottle shape, and even its’ placement on store shelves mislead consumers. The idea that it was a healthy option manipulated parents into buying the product for their children even though the product itself was just a high-sugar, low-juice-content drink. This type of manipulation resulted in theloss of consumer trust in the company. 

According to AIGA’s Guide to Copyright, copyright is defined as the ownership of work created by a designer, and allows the designer to control whether or not work can be copied. Under the umbrella of that, there is exclusive rights, fair use, transfers/terminations, etc. When it comes to exclusive rights, the designer as the copyright owner can reproduce the work, license the work, prepare derivative works, and display works. Anyone who violates these rights can be sued for damages, and prevented from continuing to infringe. Under Fair Use, it permits someone to use the work without permission as long as the purpose of use does not compete with the market for the work according to AIGA. When it comes to transfers and terminations, only a nonexclusive right can be transferred verbally, for example, if a designer licenses a design to one client but does not make it exclusive it can also be licensed to another client or company. Copyright is also a way to protect the designer and the clients as the law gives protection to the designer’s work and for the clients against competitors.

Citations | References

• “A Client’s Guide to Design: How to Get the Most Out of the Process” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA. 
• “Guide to Copyright” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.
• Summary. (2013, March 23). Ethics of Design. https://ethicsofdesign.wordpress.com/summary/