Category: Ethical Reasoning

Entry 2 | Featured Image by Matthew Waring on Unsplash.

My first experience in using other artists’ creative work was regrettably done so without said artist’s permission. At the time I was in middle school and did not understand the importance of credit. I wanted to pursue illustration and so I would practice by heavily referencing and sometimes even tracing other artists’ work. I thought that if I could make my work look like theirs, I would be successful. However, as I grew older and learned more about the creative industry, I realized that it was wrong to use someone else’s work without their permission or giving them credit. It was not until I entered high school that I learned about the importance of proper attribution and plagiarism. I started to make sure that whenever I used someone else’s work, I would make sure to properly cite sources and credit the creator when I used their work.

This realization also helped me to develop my own unique style. By no longer relying heavily on referencing others’ work, I was able to experiment and try out different styles, techniques, and approaches to create my own distinct illustrations and designs. Not only did this benefit me creatively, but it also allowed me to appreciate the hard work and dedication that other artists put into their own work.

My opinion is that original artists’ work should always be credited, regardless of how heavily it is referenced or transformed. This is because the act of referencing or transforming another artist’s work still relies on the foundation of their original creation. Even if the transformation or reference is significant, the original artist should still be acknowledged and given credit. This also applies to cases like the Fairey Copyright case, where Shepard Fairey used an Associated Press photograph to create the iconic “Hope” poster for Barack Obama’s 2008 presidential campaign without permission. While Fairey’s use of the photograph can be considered transformative, the fact remains that he still used someone else’s work as a basis for his own creation. Therefore, I believe that he should have given proper credit and obtained permission before using the photograph.

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Works Cited

AIGA. A Client’s Guide to Design: How to Get the Most Out of the Process. AIGA, 2017. eBook Collection (EBSCOhost), doi:10.1177/0002764218756095.

Christensen, Paul, and Ben Sobel. “Case Study on Fair Use and Fair Dealing: The Hope Poster Litigation.” International Journal of Communication, vol. 11, 2017, pp. 4283-4303. Communication & Mass Media Complete, doi: 10.1016/j.techsoc.2015.11.005.

William Fisher et al, “Reflections on the Hope Poster Case,” 25 Harvard Journal of Law and Technology 244 (2012).

Entry 1 | Featured Image by JESHOOTS.COM on Unsplash

During my internship, I gained an understanding of the importance of following ethical guidelines outlined in the AIGA guide when creating original work. As I worked to create designs—ranging from posters to monitor slides, web banners, and even mascots—for clients within the college, I was reminded of the guidelines related to the sourcing of images and using trademarks and logos. This was reinforced during my training when my supervisor emphasized the need for all assets to be created in-house, including both graphics and photographs. As designers, it is our responsibility to produce original work and avoid using copyrighted material without permission. This not only ensures the integrity of our designs but it also protects the client from legal disputes. I applied this understanding to my time as a graphic design intern and diligently worked to create original graphics that complied with these ethical guidelines.

Even if one is working in the same organization as the creator of the work that one wishes to use, it is always best practice to obtain permission first. Sara Hawkins speaks more about this in Copyright Fair Use and How it Works for Online Images, and states: “Copyright attaches as soon as the original work is created, and applies to both published and unpublished works.” As soon as a work has been created, regardless of what paperwork has or has not been filed, said original work has automatically been copyrighted and the creator gains the right to use the © symbol. In addition to this, should the creator decide to file for registration, they can then enforce these rights. In my case, I have worked with other creators’ works during my internship. For example, in one of my more recent projects, I was tasked to design a backdrop to be used for City Tech awards. The client had requested that I use an existing graphic that was designed by another creator. Given the ethical considerations surrounding the use of someone else’s work, I ensured to follow best practices and checked that permission from the original creator was provided before proceeding with incorporating their graphic into my design. 

While I have not personally faced any ethical dilemmas in regards to my own work, I have noticed that one of the members of my team occasionally sources photos from Unsplash (stock image website) and uses sites like Freepik. I wonder about the legality of this because while the usage rights are under her name as it is her account, it is not under the school’s name, and I am unsure whether or not that is allowed. Personally, I prefer to create all of my own graphics and photographs in-house because I believe that it adds value to the final product and makes it unique. Even though it may be acceptable to use photos from these sites, I prefer to use them only as placeholders and then replace them with my own original work.

In terms of the use of trademarks and logos, I was instructed that all typographic work should include my team’s logo as well as the clients’ own logo if applicable. For the most part, this was applied to works such as posters or monitor slides, but I recently came across a client who had requested to remove my internship’s logo. While my supervisor had approved of this, I feel that it is important to include the agency’s logo when possible because it serves as a signature and gives credit where it’s due.

Although I did not sign any confidentiality or non-disclosure agreements during my internship, I encountered instances that brought our clients’ confidentiality into question. In one case, we were hired to work with two clients who had conflicting bookings at the same location and time. While the issue was resolved, it required bringing up the conflict to both clients, thereby revealing that someone else was holding an event at the same location. While I appreciate the open work environment, I worry about how such situations would be handled in a more corporate setting where confidentiality agreements are standard practice.

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Works Cited

AIGA. A Client’s Guide to Design: How to Get the Most Out of the Process. AIGA, 2017. eBook Collection (EBSCOhost), doi:10.1177/0002764218756095.

Gagnon, Lisa Guerin. “Nondisclosure Agreements.” Nolo, updated 20 Dec. 2019, https://www.nolo.com/legal-encyclopedia/nondisclosure-agreements-29630.html.

Hawkins, Sara “Copyright, Fair Use, and How It Works for Online Images.” Social Media Examiner. Accessed 12 May 2023. URL: https://www.socialmediaexaminer.com/copyright-fair-use-and-how-it-works-for-online-images/