Author: Jose Sandoval

2a)

  After finishing the readings, I found a lot of interesting things. For instance, After reading the Guide to Copyright, I found that “Designers now have federal copyright as soon as a design is created—without putting a copyright notice on it or registering it with the Copyright Office. ” Which in my opinion is a pretty big deal. I had no clue and it is a pretty big deal for designers. I also found out what work for hire means. A work-for-hire agreement means that when the client and the designer work together, the client owns the copyright to whatever the artist creates. From the very moment that agreement is signed, it’s owned by the client or the employer.

     The design world is filled with so many talented people. I have looked at and been inspired by so many designers and artists. As a designer, it is important to draw inspiration and draw outside references. Everything in the design world has been said and done. There are a lot of times when I face design blocks or creative blocks and look at other people’s work and kick myself out of that block. when it comes to the work I have designed, I always give credit. For example, for my publication design class, I used images that were taken by really amazing photographers, and in the end, I gave them all credit for the images. I believe as long as you give credit to the original work and respect it, then there shouldn’t be a problem. The readings didn’t change my way of thinking, I have always known to give credit where credit is due. I would not like someone to take my work and not give me credit. 

Sources:

1. “Guide to Copyright” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.
2. “Use of Photography” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.
3. “Use of Illustration” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.

2b)

In the case of “Case Study on Fair Use and Fair Dealing: The Hope Poster Litigation” I believe that Shepard Fairey was in the wrong. It’s simple, give credit where credit is due. I understand taking something for reference, but what Shepard Fairey did was not ethical. Shepard Fairey did not take an ethical approach to his design. In the AIGA “Guide to Copyright” and “Use of Photography,” there are ethical steps that can be followed to use the work of other artists. The right thing would have been to reach out to the photographer and ask them to use their work to create the poster. They could have agreed and made magic together. Instead, Fairey decided to be sneaky and in the end, it just tarnish his legacy.

The HOPE poster is an iconic piece in pop culture history. Although, it is an important piece it does not erase the true story behind it. Now, that I know the true story behind the poster it is important for all designers to know that taking another artist’s work and changing or altering it does not mean you can claim it as your own. It is wrong to profit from it and claim all the glory from it. I found it to be so disrespectful, to not even own up to it. The ethical thing to have done was to contact the original artist and come to a mutual agreement.

Sources:

1. “Case Study on Fair Use and Fair Dealing: The Hope Poster Litigation” Fisher, W. (2012). PDF. Cambridge; Harvard Journal of Law and Technology.
2. “Guide to Copyright” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.
3. “Use of Photography” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.