In the past for my design work, I have created the illustrations myself so therefore there is no copyright issues. I do tend to use a lot of images in design as well, however even in my student work I have made sure that the images are able to be used for free in both commercial and non commercial purposes. I figured that if I made this a habit early on in my design career, I would not have to relearn this when I got into a professional work environment. What I have learned after reading the assigned articles is the importance in crediting the original creator and while the images I have been using so far does not require that I credit, I will be doing so moving forward in whatever capacity I can.
The Fairey Copyright was a very interesting read and it is hard to give a proper opinion of the outcome when I do not know the entire specifics of the settlement. However I will say that I agreed with many of the fair use reasons that Fairey used to defend his HOPE poster. I personally believe that Fairey’s use of the photo did fall under fair use since the final product was transformative. However his coverup of the wrong photo being used was wrong. I believe that this misconduct was what forced Fairey to have to settle with the AP because otherwise he had a very strong case for fair use of the image for his political poster because he didn’t copy any of the photo’s original content that was created by the photographer.
Sources:
Crawford, Tad. “Use of Photography” AIGA, AIGA Business_Ethics 47556770-Use-of-photography-1-MB.pdf
Cas Fisher, William. Case Study on Fair Use and Fair Dealing: “The Hope Poster Litigation” Harvard Journal of Law and Technology, Hope_Poster_Case_Study-1.pdf
Hawkins, Sara. “Copyright Fair Use and How It Works for Online Images : Social Media Examiner.” Social Media Examiner | Social Media Marketing, Social Media Examiner, 23 Nov. 2011, https://www.socialmediaexaminer.com/copyright-fair-use-and-how-it-works-for-online-images/.
