Do We Need a Copyright & Fair Use Best Practices Document?
While issues about copyright and fair use are not new, our feelings about them may never have been more divisive than they are today. It's also highly unlikely that in today's work environment, graphic designers won't be faced with these issues on a daily basis. Graphic designers looking for art and images they can use are apt to encounter Creative Commons—a nonprofit organization that seeks to offer alternative solutions to traditional copyright. They are likely to see established artists (Shepard Fairey) and designers (Fly Communications, No Labels Logo) find themselves embroiled in legal cases and allegations about copyright violation. They will most certainly see social media sites like Pinterest (who many feel are stretching the boundaries of copyright protection) being embraced by respected and established organizations like Design Observer.In the midst of this turbulent climate, what's a graphic designer to do? How do they navigate these murky waters and stay up-to-date with current trends as well as maintain a level of professionalism? Designer Dawn Mercurio has offered a suggestion, a best practices document for graphic designers.Mercurio's MFA Thesis research includes surveys with over 100 creative professionals. As a result Mercurio states, “Contemporary creative professionals are split on how they side for the need to protect and license work. From data, it appears to be divided among those who work in traditional print environments verses those who work in multimedia and web. It may be that the ubiquity of the internet has created a leveling of ownership, an acceptance for sharing and a practice of mutual appropriation among those who build around it. And now with the ability of instantly viral content (impossible to fathom in the original rendering of the Constitution) it seems that protection has an even more difficult struggle than ever before.”Mercurio asked those surveyed how they would rate their understanding of copyright law and fair use. Most said they were familiar with it. A little over 15% chose “hazy," with the majority falling into the "somewhat knowledgeable" category. When participants were asked about the Shepard Fairey case and if the transformation from the original photo was enough to dismiss attribution, purchase, or permission, the results were almost evenly split. A trend in divisiveness and confusion about the issues was apparent throughout the survey. This is evident in the answer given by print and web designers, the largest segment of creative professionals polled, about how often copyright issues arise. They responded that copyright issues arise only occasionally, when handling the content and art of others is endemic to design fields.Mercurio concludes, “One solution to address these divides is to adopt a policy of Best Practices for Creative Professionals. Other industries such as Online Video, Media Literacy, even Dance have established their own doctrines and have built safer, healthier environments to work in without limiting creativity or message." She argues that, "a doctrine built by lawyers familiar with both copyright law and art along with a diverse group of creative professionals, could rule on the Fairey case along with other common practices such as using unlicensed images even as a ‘comp’, that many creative professionals abuse and should be advised on."What do you think, do you feel there's a need for a Best Practices Document?You can download Dawn Mercurio's findings including case studies and surveys here:https://dl.dropbox.com/u/