The readings assigned from the AIGA Business and Ethics guide have significantly influenced my perspective on design work, particularly in terms of intellectual property and ethical practices. They have underscored the importance of respecting the creative rights of others and the need for transparency in the use of creative works.
In my past design projects, there have been instances where I used creative works by other artists. At the time, I did my best to give proper credit by including the artist’s name and a link to their portfolio or original work. However, the AIGA readings have highlighted areas where I could improve. For example, I have learned the importance of obtaining explicit permission from the artist, even for works that are freely available online, to ensure that I am not infringing on their rights. Moving forward, I am committed to being more diligent in seeking permissions and providing comprehensive attribution.
The Fairey Copyright case, which involved artist Shepard Fairey and his use of an Associated Press photograph for the iconic “Hope” poster of Barack Obama, presents a complex intersection of art, copyright, and fair use. Fairey argued that his use of the photograph fell under fair use, as he had transformed the image significantly. However, the case highlighted issues of copyright infringement and the boundaries of fair use.
In my opinion, the arguments in the case reflect the ongoing tension between creative freedom and intellectual property rights. While Fairey’s transformation of the photograph added significant artistic value and context, it is also crucial to recognize the rights of the original photographer and the Associated Press. The settlement reached, where both parties agreed to share the rights to the image, seems a fair outcome that acknowledges the contributions of both the original creator and the transformative artist.
The case has reinforced my understanding of the need to navigate these boundaries carefully. As a designer, it is essential to respect the original works of others while also recognizing the value that transformative use can bring. It has made me more aware of the complexities of copyright law and the importance of ethical practices in creative work.