In my opinion, the Fairey case, was resolved in a very passive way. The choice to settle and basically split future branding and work together in future projects even when it was proven that he had destroyed evidence and lied was very kind from Associated Press. I can only hope this kind of leniency is given to designers that find themselves in a situation like this. When using an image for reference in such a way, basically tracing it, I believe a credit was most definitely deserved to the photographer.
Illustrators use models all the time but when the illustration is based directly on the work of another a credit must be included. There is a gray area on when an image has been “changed enough” to become a stand-alone piece on its own right. I believe it is best to use live models whenever possible, to simply give credit when the work is directly based on another’s, and to always use your best judgement when it comes to seeking inspiration.
Citations
- “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.
- Kennedy, R. (2012, September 7). Shepard Fairey is fined and sentenced to probation in ‘hope’ poster case. The New York Times. Retrieved October 8, 2022, from https://archive.nytimes.com/artsbeat.blogs.nytimes.com/2012/09/07/shephard-fairey-is-fined-and-sentenced-to-probation-in-hope-poster-case/
