In my internship thus far, I have run into the conversation around fair use ethics a couple times. The most recent experience was during a conversation with another designer within the firm. We were discussing research and choosing reference photos for some upcoming illustrations for a client’s site. I was advised to use sites with free to use images such as Pexels or Unsplash. In the AIGA’s pamphlet on Use of Photography, it states,”Use of stock images avoids the many contractual issues that may arise”, which is what I learned in this instance when picking reference photos. Referring back to the Fairey v. AP case, Fairey used Garcia’s photograph as reference, yet also manipulated and gave to meaning to it for Obama’s campaign. The Associated Press argued that Fairey’s work wasn’t enough to argue that it was fair use; tying it to the upcoming work I will be doing for the firm’s client, I will be very thorough in finding free images and continue to expand my knowledge on this matter. God knows I don’t ever want to be involved in a lawsuit!
Citations:
“Use of Photography” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.
Fisher, William, et al. “Reflections on the Hope Poster Case.” Harvard Journal of Law and Technology, vol. 25, 2012, p. 244.
