Regarding the “HOPE Poster” case, I do believe that Shepard Fairey was wrong in what he did and wrongfully tampered with a document that belonged to another organization. In the New York Times article, it states that Fairey was accused of infringing on the copyright of The Associated Press by using their image of Obama for his own “HOPE” poster. This was correct as he neither purchased a license nor asked for permission to use the image. Additionally, he tampered with it in slight ways to make his poster. The article “Case Study on Fair Use and Fair Dealing: The Hope Poster Litigation” details the modifications Fairey made to the original photograph, including rotating the image by 5 degrees clockwise, smoothing out and stylizing features of Obama’s appearance, extending his torso, and redrawing/stylizing other features like Obama’s ears, nose, eyes, and hairline.
As an artist, you hold responsibility when utilizing other photographs for reference. You owe the photographer the offer to purchase a license or sign an agreement to use their piece in your own work. What Fairey did was highly irresponsible, and it is understandable why and how this led him to probation. His case serves as an example of how infringing on others’ images for your own work and profiting off of it can lead to harsh punishments and consequences.
In my internship at Brooklyn College, I have been mindful of these ethical considerations. For all my projects, including logo designs and other graphic elements, I ensure that any external images or resources used are properly credited or licensed. This approach not only respects the original creators but also upholds the integrity and professionalism expected in the field of design. By adhering to these ethical guidelines, I aim to avoid the pitfalls that Fairey encountered and maintain a reputable standing as a designer.
Citation(s)
- “Appropriating ‘Hope’.” Ethics Unwrapped, McCombs School of Business, The University of Texas at Austin, https://ethicsunwrapped.utexas.edu/case-study/appropriating-hope. Accessed 29 June 2024.
- “Guide to Copyright” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.
- “A Client’s Guide to Design: How to Get the Most Out of the Process” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.
- “Use of Photography” AIGA. (2001). PDF. New York City; Richard Grefé, AIGA.
- “Summary.” Ethics of Design, WordPress, 29 June 2024, https://ethicsofdesign.wordpress.com/summary/.
- “Code of Ethics.” Australian Graphic Design Association, AGDA, https://agda.com.au/member/code-of-ethics.
