Ethics In Design 2B

After reading the article entitled, Shepard Fairey Is Fined and Sentenced to Probation in ‘Hope’ Poster Case, it makes you realize even more that your work is not safe from anyone. It states in the article that he, “Was sentenced in federal court in Manhattan on Friday to two years of probation and fined $25,000 for tampering with evidence in the case.” Fairey claims it to be fair use that he used the picture from the company itself but as stated in the article, Shepard Fairey and The A.P. Settle Legal Dispute, “The photograph was taken by Mannie Garcia for The A.P.” If he had taken into consideration the ethical guidelines and the copyright laws it could’ve been possible that he may have never gone to jail. Unfortunately it’s instances like this that can end up ruining an artist or designers career if they are not careful with whatever illustrations or photographs they use.

As stated before when designing for someone it’s best to tread lightly and do proper research because one bad decision can affect your life, career, and reputation. The law in design is scary because we may not realize it’s something that’s wrong but we can save ourselves the time and look into the ethics of being a designer and what that entails.

Sources:

Shepard Fairey is fined and sentenced to probation in ‘hope’ poster case. (n.d.).

Kennedy, R. (2011, January 12). Shepard Fairey and the A.P. Settle Legal Dispute. The New York Times.

Ethics In Design 2A

As an artist myself I know what it is like to have your work stolen and reposted online or used in a fashion you did not intend it for. So when people credit and source artists properly it is very refreshing and shows respect for the artist in question. If I were to use an illustrated piece in my design I would properly credit the artist, source the link it came from, or ask the artist directly. I have used two out of the three methods and it’s the proper way to credit the artist because you did not create this piece yourself. Artists usually work freelance and work off of commissions and if i were to commission the artist will most likely want to keep the copyright of their artwork. In the book Guide to Copyright, it states that “If a partner wants rights to what he or she has created, a special contract will be necessary. Also, a salaried employee may request or negotiate a written contractual agreement that allows the employee to retain some copyright ownership.” I have seen many artists get their work stolen by companies, singers, etc and they have nothing to protect themselves because they never claimed copyright to their work even though they are the ones who created the art. So as a creative myself it’s good to keep in mind that you need to put contracts in place that protect you and your art. 

In my recent magazine layout assignment I used an illustrated piece but could not find the artist. I instead sourced the image that was originally on the website. Illustrations can amp up a design in ways that photography cannot. In the book Use of Illustration, it states that, “Each illustrator brings a different perspective, vision and idea to play that, when married with great design, becomes an original art form. Illustration brings spontaneity, freshness and a unique point of view to the design of content.” I am biased to the art form of illustration because it has an edge that photographs do not. The work of someone who made it by hand makes the design more precious.

Sources: 

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

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

Ethics in Design 1B

When I obtained the internship that I am currently at, I did not have to sign a confidentiality or non-disclosure agreement. Every assignment that I am working on is provided by them and so the language is theirs and from articles written by them. It’s also important that I do not disclose personal information about the people who work at the organization because this is obviously an infringement on the person. It’s especially important not to speak about anything private on social media and it’s better to just let the companies handle that outlet themselves. It is more about the work and not the private lives of the workers. Which is why it’s important for companies to have confidentiality agreements and non-disclosure forms as well. There is a level of professionalism that I think everyone should maintain even if you are just an intern. 

So far throughout the internship I have seen no reason to disclose any information regarding my co-workers and clients because there is none. Even if I did not sign any forms or agreements I take it upon myself to have basic human decency to not give out my co-workers or clients personal information. It’s important to remember your place within the company, organization, etc. You are not the chairman, you are just the graphic designer. Even when I’m writing about the organization in my weekly discussions I try to keep it as tight knit and as basic as possible to not disclose anything by mistake.

In the book A Clients Guide to Design: How to Get the Most Out of the Process, it states that, “A professional designer adheres to principles of integrity that demonstrate respect for the profession, for colleagues, for clients…A professional designer shall treat all work in progress prior to the completion of a project and all knowledge of a client’s intentions, production methods and business organization as confidential and shall not divulge such information in any manner whatsoever without the consent of the client.” I try my best as the designer to adhere to any ethical guidelines that are in place and again remembering that you are just a designer hired to design is important as well. Respecting clients and co-workers is number 1 priority since they would not treat your private life with disrespect either. So at the end of the day, just do what you were hired to do.

As a designer you not only have responsibility from your company, organization, etc but we also have to remember that our designs are ultimately going to reach the public eye and people will see them. According to the article, Why Every Designer Needs a Code of Ethics, it states that it is important to be aware of “Taking projects that could result in some degree of harm to the public, the communicated message and its truthfulness, mutual respect of the audience, discriminatory actions and obligation to serve the community.” My ethics and morals would come into play here and I would need to decide whether this project is worth taking even if it sacrifices what I believe in. And that answer is always going to be no. If the designer does not believe in what they’re creating and putting out into the world then neither will the public.

Sources:

“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.

Cousins, C. (2014, August 5). Why every designer needs a code of Ethics. Design Shack. Retrieved March 30, 2023, from.

Ethics in Design 1A

As a student it’s important to understand and reflect the ethical reasonings and guidelines throughout an internship. I am a part of a Non-Profit organization that focuses on empowering and integrating underserved communities while also advocating for social justice, healthcare for all, and education opportunities. My first assignment given by the organization was to design a logo for a music/dj company and I was given creative leeway to do what I wanted with this logo. Throughout the weeks the assignments were a mix of different things like magazine layouts and merchandise mock-ups. But the premise remained the same, I was allowed creative freedom. In the words of Ben Parker, “With great power comes great responsibility.” I needed to be careful with what images I was using otherwise I could accidentally end up getting my organization sued. 

In the book, Use Of Photography, it states that, “Use of photography in design work involves choice and responsibilities…On the other hand, the designer must obtain all of the rights that his or her client needs. In the first instance, the designer must consider what rights will be transferred to the client.” The designer, aka me, has to absolutely credit where the photographs have come from because the photographer could own the copyright to the photo and if used without credit things can go south very quickly. It’s important to remember that with all these images on google and other sources that people have actually taken these photos and proper credit needs to be given.

In the book, Guide to Copyright it states that, “Copyright defines the ownership of work created by a designer. Copyright is what allows a designer to control whether or not a work may be copied…However, the owner of a copy of the work can also display it. Anyone who violates these rights is an infringer whom the designer can sue for damages and prevent from continuing the infringement.” Using an image in your design could be risky because you never know who has access to the copyright and as the designer you could be infringing them. This is clearly an unethical practice and if a person proceeds to keep using images or photographs without properly sourcing them it could be dangerous for them and the company. Luckily I learned that it’s a simple and easy solution to crediting the work. A simple link to the original website or typing out the photographer’s actual name is useful. Sourcing your photos is the most important thing and should be the first thing a designer takes care of. The non-profit organization makes it known to it’s designers that any trademarks, logos, and images needed to be properly sourced and that they do not condone the illegal use of using those items without credit.

Sources:

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

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