Affluenza or alcohol advertising?

Many are outraged at the ten year probation sentence that sixteen-year-old Ethan Couch received for killing four pedestrians while driving drunk. Couch’s legal team introduced the nation to the “affluenza defense,” citing too much money and parental indulgence as the cause of his behavior.With the prevalence of alcohol advertising that is targeted at the teen market, why is the focus on affluenza instead of laying blame on the countless commercials that sixteen-year-olds are exposed to?Research shows that in addition to parents and peers, alcohol advertising and marketing have a significant impact on whether or not youths decide to drink. Research also shows that alcohol advertising and marketing influence expectations and attitudes and creates an environment that promotes underage drinking. In addition, research shows that a reduction in alcohol advertising would reduce adolescent alcohol participation.Ethan Couch may have lived a privileged life, but it didn't protect him from alcohol advertising. Why has the focus of the public’s outrage missed this obvious target?Sources:http://www.huffingtonpost.com/2013/12/12/affluenza-defense-probation-for-deadly-dwi_n_4430807.htmlhttp://www.camy.org/factsheets/sheets/alcohol_advertising_and_youth.htmlhttp://alcoholism.about.com/od/prevention/a/Teen-Drinking-Influenced-By-Alcohol-Advertising.htmhttp://www.camy.org/gallery/ad/1266B4CEC282AED54EFF1013A48E2467

Should Beauty Trump Authenticity?

Stunning photographs of disappearing tribes from Jimmy Nelson's new book, Before They Pass Away, have been circulating recently online. Undoubtedly beautiful images, the work has been praised as, "epic portraits that present these dignified inheritors of noble and age-old traditions in a proud spirit and in all their glory—a unique visual experience."Critics offer another point of view as posted in the comments section on Fast Company's website:

This is disturbing. It has popped up a number of times on my newsfeed. It is yet another white westerner's fascination with the authentic and exotic 'other'. This book is totally reminiscent of nineteenth century Social Darwinism and the euro centric belief that 'primitive' cultures were destined to die out when confronted with European 'civilisation'.

I thought what an amazing project then I saw his work on Maori in New Zealand. That is bullshit. No Maori dress like that now and haven't for at least 100 years or more. This is total fabrication. Such a disappointment.

I also wonder about the ethics of such a project since Nelson admits that he couldn't communicate verbally with most of his subjects? Nelson also said "They risk abandoning their authenticity and go towards the material world.” I wonder how much money he will make from his own little piece of material culture.

Nelson says, "I didn't start this project anticipating that I could stop the world from changing. I purely wanted to create a visual document that reminds us and generations to come of how beautiful the human world once was."The controversy surrounding Nelson's work is not new; the beauty of these images brings to mind the work of Edward Curtis. During the early part of the 1900s Curtis undertook a project of photographing Native Americans that would span thirty years, and stir up issues of authenticity and ethics along the way.Creating what many felt were overly romanticized images, Curtis was accused of image manipulation when it was discovered that he had retouched images to remove elements of civilization—as he did in one image that proudly displayed an alarm clock. Some also felt it was not authentic documentation since he posed his subjects and asked them to don ceremonial headdresses and leggings. Curtis felt his portraits gave face to the indigenous peoples of North America, who were threatened by extinction.This question isn't unique to disappearing human cultures; the adoption of the polar bear as a mascot in the fight against global warming raises the same types of questions. Portrayed in Coca-cola ads as pure and adorable creatures, real polar bears have been documented eating their own cubs. One can understand how the cute and adorable polar bear image would engage more supporters than a blood-thirsty cannibal.At the heart of this debates lies the never-ending question that photographers and graphic designers alike wrestle with: what's more important—authenticity—or creating awareness, empathy, and support?Sources:http://www.fastcoexist.com/3021773/see-these-heartbreaking-photos-of-worlds-disappearing-cultures-before-they-fade-awayhttp://www.huffingtonpost.co.uk/2013/11/04/lost-tribes-before-they-pass-away-jimmy-nelson-_n_4212518.htmlhttp://www.nytimes.com/2012/11/12/books/short-nights-of-the-shadow-catcher-by-timothy-egan.htmlhttp://www.loc.gov/pictures/collection/ecur/item/96515425/resource/http://www.coca-colacompany.com/stories/coke-lore-polar-bearshttp://www.dailymail.co.uk/sciencetech/article-2071638/Polar-bears-Cannibal-pictures-prove-theyll-eat-bear-cubs.html

Searching for the great image

When searching for that great image online it’s easy and tempting to simply right click and copy any image you find. There is no warning signal or stop sign that appears with a message asking, “Yes, you can take this image, but should you?”Finding images online, and then what you do with them, poses legal questions as well as ethical ones that touch upon issues of integrity and morality. The ease with which internet surfers can grab images encourages copyright infringement. It doesn’t necessarily take that much more time to search through resources that provide images that aren’t in violation of copyright law.Creative Commons is one place where you can start. A non-profit organization that was founded by Larry Lessig, Creative Commons offers free tools that enable the sharing of images with a variety of options. Users can give permission to use their images with options like “some rights reserved.” Those seeking images can go to Creative Commons Search and find a number of resources that provide images utilizing Creative Commons licenses.If you decide to start where most of us do, Google, go one step further to Google’s Advanced Image Search. Here you’ll find a tool that not only let’s you search by format, language, geography, and more, but also by usage rights.There are a number of sites that offer free stock images. A post by Smashing Magazine lists a directory of sites offering free images for both personal and commercial use. This is in addition to the plethora of stock photography sites that offer a wide range of purchasing and licensing options for both royalty free images as well as for rights managed images.Another option internet surfers can try are images that are in the public domain. MakeUseOf has a list of 6 Free Website For Public Domain Images & Free Stock Photos.The last thing that users should consider is asking for permission. If you find an image that’s copyright protected, you can ask for permission to use it. Depending on how and why you are using it, you just may find the copyright owner is happy to share the image along with a photo credit.  

Herding cats (aka copyrighting a Meme)

“Memes are, without a doubt, the greatest thing about the internet.” This quote comes from an article by Squire Sanders, Richard Pascoe, Richard W. Horton and Alex Butterworth, “Memes in advertising: a copyright mess.”I don’t know if I agree that memes are the greatest thing, but one of the biggest things? Yes. As the authors state, there is an entire sub-culture of the English speaking world that exists around memes. Memes are so popular they’ve become an expected and accepted means of communication. Photoshop users can easily make their own. If you lack photoshop skills you can visit sites like Quick Meme, where users can choose from a bank of images, type their own caption, and then post on the social media site of their choice. For those of you who don’t what a meme is, trust me, you do—you’ve been sharing them on Facebook and just didn’t know what the official name was. (See What is a ‘Meme’?)It’s no wonder that advertisers want in. Some examples of campaigns are Sprint’s use of Nyan Cat, Nissan’s planking commercial, and Wonderful Pistachio’s Keyboard Cat Commercial. However some have found themselves in trouble—including Warner Brothers for their use of Nyan Cat and [Keyboard Cat] in their top selling ‘Scribblenauts’ games. Many feel this is ironic in light of their strong support of SOPA (Stop Online Piracy Act) and the diligence with which they track infringement of their own copyright and trademarks.Copyright ownership of a meme is typically shared between the owner of the image and the person who created the meme. This is where it can get difficult—sometimes proving next to impossible to track this information down. Even if you find the creator of the meme, you still need to find out if they have permission from the owner of the image and/or a photo release.If a company chooses to use the meme without permission they are taking a risk. Even if they do find the copyright owner and get permission, it doesn't mean they won't face more legal problems. Memes are very often offensive. The way the meme is used might trigger copyright infringement or defamation. Another thing to consider is that although attributing your work to the original creator is not required by law, it can help keep a meme creator out of an infringement lawsuit.What do you think? Have you used memes personally, commercially? More importantly, why do so many memes use Impact?Sources:http://www.lexology.com/library/detail.aspx?g=879e138f-c98b-4eb2-a55f-0037cf2ed906http://www.forbes.com/sites/emmawoollacott/2013/05/03/warner-brothers-sued-for-infringing-cat-meme-copyright/http://www.livememe.com/mdsuaoxhttp://userinterfaced.com/why-are-memes-popular/http://www.worldipreview.com/article/internet-memes-copyright-licensing-in-an-ip-minefieldhttp://www.insidecounsel.com/2013/06/21/technology-internet-memes-pose-legal-questionshttp://www.plagiarismtoday.com/2013/05/07/copyright-memes-and-the-perils-of-viral-content/http://www.cnn.com/2013/06/25/tech/social-media/image-macros-memes-impact-font/index.html

Articulating Un-freedom

Many of us work hard on our own behalf, or on behalf of our clients, to make sure we get found. Google’s highly protected algorithms claim to make it difficult to pay for SEO (Search Engine Optimization). They want to keep search results fair and organic. That doesn’t stop companies from spending tons of time and money trying to rise to the top of search lists and chase that holy grail.But what about the other side of the fence? What if you don’t want to be found, either in a Google search—or by anyone else, including the US National Security Agency. This past year there has been much debate about the NSA’s secret surveillance programs, in particular PRISM. While the NSA and the FBI have always been known for such practices, the level of invasiveness into private data through servers has never been higher. Many people feel it’s a violation of their privacy and a form of censorship.Graphic designer Sang Mun decided to create a typeface that speaks to this issue. While working as a special intelligence personnel for the NSA, Mun learned how to gather information scanning text for national security and defense purposes. Mun questions whether or not things have gone too far. Should text scanning be used for overseeing American citizens without their permission? He has become dedicated to researching ways to “articulate our unfreedom.”One result of Mun's research was the creation of the unreadable typeface ZXX. The typeface’s name was inspired by Library of Congress’ listing of three-letter codes denoting which language a book is written in. ZXX is used when there is no linguistic content.Mun offered ZXX as a free download hoping many would use it. More importantly, it was a call to action—created to raise questions about privacy and censorship. Mun asks us to look at the omnipresent way our personal information is harvested, and not be afraid to question the intrusions. Mun reminds us that as graphic designers we have the power—and a responsibility—to use our craft to ask these questions.Sources:http://www.huffingtonpost.com/2013/06/25/nsa-font-sang-mun_n_3490903.htmlhttp://blogs.walkerart.org/design/2013/06/20/sang-mun-defiant-typeface-nsa-privacy/http://www.loc.gov/standards/iso639-2/php/code_list.phphttp://www.washingtonpost.com/investigations/us-intelligence-mining-data-from-nine-us-internet-companies-in-broad-secret-program/2013/06/06/3a0c0da8-cebf-11e2-8845-d970ccb04497_story.htmlhttp://www.theguardian.com/world/2013/jun/06/nsa-phone-records-verizon-court-order

Dog eat dog world?

Robynne Raye and her partner at Modern Dog, Michael Strassburger, have been involved in a copyright infringement lawsuit with Disney, Target, and the Jaya Apparel group for the past several years. Modern Dog filed a lawsuit against the companies when the artwork from the end papers of their 2008 Compendium showed up on T-shirts being sold by Target. Anyone that I've talked to about the case agrees that Modern Dog should win based on the evidence—as long as they can stay the course and raise enough money to stand up to the stonewalling tactics of the big dogs. The recent shenanigans by the defense makes me wonder about the dog eat dog world we live in.In a Print Magazine blog post from last week about the case, Steven Heller quotes an email from Raye and Strassburger, “After misleading us into thinking they were going to settle our case without mediation, the defense filed a surprise motion on May 14th to have our case thrown out. They no longer deny (or admit) that they copied our illustrations, instead the defense is claiming that your illustrations are not entitled to a broad copyright since the dog illustrations lack “expression” and fall into the “natural world” category.”Raye has posted some of the other comments made in court on her Facebook page. Here are a few highlights:

"Favorite quote from yesterday's Motion for Summary Judgment (said be the defense attorney): 'There's very little creativity going on here'."

"I just think this case has to be one of the most absurd in the history of copyright. They deny copying our dogs for months, then out of nowhere claim that our dogs are realistic depictions from the "natural world" so therefore not protected by a broad copyright anyway."

The image below shows the illustrations of dogs in question. The dogs on green background are Modern Dog's. The dogs in center on white are from the Target T-shirt. I've circled a few strikingly similar ones. You'll find more if you look closely.The defense is trying to claim that the dog illustrations are technical rather than creative—anyone could have done them. Raye and Strassburger dispute this claim. In fact, Raye and Strassburger think the designer used a Wacom tablet to trace the illustrations. A PhD in mathematics from Stanford was among the expert witnesses called. The witness stated that there is less than a 1 in over 2,000,0000 chance that they did not trace the dogs their book.After much time and huge expense, the trial is scheduled for September 2013. I will continue to watch this case with great interest—as well as amazement at how low people can go. I will offer as much support for Modern Dog as I can. I hope you do too.Sources:http://www.printmag.com/imprint/weekend-heller-3/https://www.facebook.com/robynne.raye?fref=ts&ref=br_tfhttp://imprint.printmag.com/buzz-poole/modern-dog-copyright-and-the-burden-of-proof/http://minesf.com/resources/cca/2012/09/10/friends-of-modern-dog/http://99designs.com/designer-blog/2013/04/19/5-famous-copyright-infringement-cases

Take the Pledge

Some of you may recognize this three finger pledge from your Girl Scout days when you were asked to recite the Girl Scout Law:I will do my best to behonest and fair,friendly and helpful,considerate and caring,courageous and strong, andresponsible for what I say and do, and to respect myself and others,respect authority,use resources wisely,make the world a better place, andbe a sister to every Girl Scout.The three fingers stand for 1) honoring God, 2) helping others, and 3) obeying Scout Law. Graphic designer and author David Berman feels graphic designers should take a pledge of their own—one that focuses on the second principle,helping others. Berman recently released a new edition of his book, “Do Good Design.” Along with its release, he has asked graphic designers to take the pledge and:1. Be true to their profession2. Be true to themselves3. Use 10% of their professional time to create a better placeDuring a live interview at the recent “Voices That Matter” conference, Berman said his mission is to first talk to designers about how much influence the work they do has on our world. He uses the environmental crisis as an example and its connection to over-consumption, speaking about the role that advertising and graphic design have in promoting a consumer culture. Berman believes once graphic designers realize how much power they have in influencing people, they will understand how they can use some of this power to make the world a better place. In doing the math, Berman feels there’s a potential for 8 million hours of time from designers that can be devoted to doing good. He has already has received over 112,540 hours in pledges.Berman’s position is one that is that has been debated widely. What is the role of a graphic designer and what is good design? Is it to simply create beautiful and effective things, or is it, as Berman and many others feel, to do good with? What do you think, are you willing to take the pledge?Sources:http://www.davidberman.com/social/dogood/http://www.girlscouts.org/program/basics/promise_law/http://en.wikipedia.org/wiki/Scout_sign_and_salutehttp://www.youtube.com/watch?v=QtnazQE7RPA

Moving the lines between copyright and fair use

Last month Richard Prince made history when the court ruling against him for copyright infringement against him was overturned.In 2008 Prince created a series of paintings, "Canal Zone," which incorporated the photographs of Patrick Cariou from his book Yes, Rasta. The work was shown at Gagosian Gallery in New York. In 2009 Cariou filed a copyright infringement case against Prince, Gagosian Gallery, Lawrence Gagosian, and  Rizzoli Publications. In March 2011, Judge Deborah Batts ruled against Prince and ordered the defendants to destroy remaining copies of the catalog and unsold paintings from the series that use Cariou's photographs. Any collectors who own sold artwork were to be informed it would be illegal for them to publicly display the paintings.One of the key factors in determining fair use is whether or not the work is transformative. During the case Prince testified the the work “didn't really have a message.” Courtroom reports stated that the judge responded by assessing that for fair use to apply, a new work of art must be transformative—that it must “in some way comment on, relate to the historical context of, or critically refer back to the original work.”(1)After the 2009 court ruling Cariou stated, “This lawsuit is about arrogance, laziness and an overwhelming sense of power. It has nothing to do with art,” Cariou told Art in America, “At the end of the day, he took 41 pictures—it's not just one little part. It's almost half of the book. I really don't understand how he thought he could get away with it.”(2)Gagosian and Prince appealed the decision and the courts ruled last month that Batts’s interpretation was incorrect and that “the law does not require that a secondary use comment on the original artist or work, or popular culture,” but only that a reasonable observer find the work to be transformative.(3) In its decision the court wrote that Prince’s work conveyed an entirely different aesthetic and while Cariou’s photos depicted the natural beauty of Rastafarians and their environment, Prince’s work is jarring and provocative.This case is seen as a landmark. If the original ruling were not overturned, it could mean any artist who has copied, altered, or collaged other artists work could be found in violation of copyright. It could have affected artists like Andy Warhol and his images of Campbell Soup cans and Marilyn Monroe. Current and future implications for contemporary art and culture abound. As memes based off of copyright protected images, characters, or snippets from TV shower the internet, questions arise about the legal liabilities that their posters incur.Where do you think the lines fall between copyright infringement and fair use? Should the original ruling remain or were the courts right in overturning the decision? Does contemporary culture call for a change in copyright law and fair use?Notes/Sources:(1) http://www.nytimes.com/2013/04/26/arts/design/appeals-court-ruling-favors-richard-prince-in-copyright-case.html?_r=2&(2) http://www.artinamericamagazine.com/news-opinion/news/2011-03-22/richard-prince-canal-zone-cariou-gagosian-lawsuit/(3) http://www.nytimes.com/2013/04/26/arts/design/appeals-court-ruling-favors-richard-prince-in-copyright-case.html?_r=2&http://artherworldblog.wordpress.com/2012/06/25/internet-memes-and-copyright/http://www.forbes.com/sites/emmawoollacott/2013/05/03/warner-brothers-sued-for-infringing-cat-meme-copyright/http://petapixel.com/2013/04/26/appeals-court-overturns-previous-ruling-rules-fair-use-in-richard-prince-case/

Celebrating Earth Day 2013

Earth Day 2013 infographic

Loserville

This ad appeared recently on my local Craigs List job board under the category for graphic design. It drives home the point that working as a graphic designer is as much about proving your value, as it is about creating valuable work.In the article "29 Things Designers Need to Know + 8 Ingredients for Success," author Doug Bartow ranks:

6. LEARN TO SAY ‘NO’ Some of your best design business decisions will ultimately be saying “no” to clients or projects. Unfortunately, it usually takes a few disasters to gain the experience to know when to walk away from an impending train wreck.

Carefully measure the upsides of any project—creative control of your design work, long-term relationship-building and gross billing—versus the potential downsides—the devaluation of the creative process, being treated like a “vendor” and ongoing scope creep (where the volume of what you’re expected to deliver keeps expanding, while the schedule and budget don’t).

Who can argue with this advice? The pitfalls of crowdsourcing, spec work, and unpaid internships have been written about and discussed at length among graphic designers. However,  graphic designers and students might feel confused as they wade through articles that seem to contradict some of this advice. The 2012 info graphic, "The State of Graphic Design," is based on a survey conducted by Smartpress.com who claim aggregated the opinion of dozens of the best and most-talented graphic designers in the industry. Among the results, survey participants ranked Internships as the best way to gain experience with online tutorials as a close second, and design school coming in third. While the article doesn't specify if the internships being referred to are part of a student's education, or are paid internships—one can make the assumption that not all of them are. What's interesting is that many design jobs advertised require a Bachelor's degree; and even more interesting is that many of the participants in the survey are graduates from reputable design schools, like Jessica Walsh, a recent graduate of RISD. This leaves me wondering how many graphic designers are in a state of confusion about how to prove their own value.Recently, I was approached to design a website through a referral from another client. The new potential client was highly complimentary about my creativity and design skills, she assured me she loved my work, and I believe she was being sincere. However, when it came time to discuss the budget, she only wanted to barter. When I explained to her that I wasn't in a position to barter for services, she politely thanked me and told me she had a friend who was a graphic designer who would do the work for free. While she really wanted to work with me, she couldn't pass up the free work—leaving me feeling like I was in "Loserville."How often do you feel like you are living in "Loserville?" How do you navigate these murky waters? And most importantly, what advice do you give students and young designers who are just starting out?Sources:http://newjersey.craigslist.org/med/3722007306.htmlhttp://www.howdesign.com/design-career/29-things-young-designers-need-to-know/ 

Girl Power

March is Women's History Month. Today, March 3, is the 100 year anniversary of the suffragists march on Washington. Friday, March 8, is International Woman's Day. It's the perfect time to look the power of graphic design and the ways that has been used to affect women—starting with girls.Frog Design teamed up with Girl Effect to co-design for social impact. Girl Effect, a nonprofit collaborative movement that includes the Nike Foundation, the NoVo Foundation, the United Nations Foundation, and the Coalition for Adolescent Girls, works to alleviate poverty by investing in girls. The project that Frog Design worked on explored the nature and value of digital connections for young women living in poverty. You can learn more about the project by watching this video: Nike Foundation: The Girl Effect."India: Gender Equality," created by Design Global Change, received a "Sappi Ideas That Matter" Grant in 2010. Design Global Change created a set of cards depicting Indian men and women in various roles (collecting water, farming, selling goods, etc.) The goal of the project was to trigger conversations about gender issues among high school youth and to provide educational activities to raise awareness. You can view the project here.What design projects have you seen that are intended to empower girls?Sources:http://www.frogdesign.com/work/girl-effect.htmlhttp://designglobalchange.virb.com/india_gender#/i/1

Contests—who wins?

One young designer that I've met through this blog asked me to write an article about contests and the practice of "voting" for winners. He says, as many would agree, "that ultimately it becomes nothing more than a popularity contest between the candidates; it's really degrading for us."When companies create contests is it just a guise for crowdsourcing, free advertising, spec work? Should educators encourage or discourage contests? This is a question I've struggled with. My standard rule of thumb is that if there is an entry fee, I don't encourage it or publicize it. I also don't promote causes that I am morally opposed to. However, when looking at all the pros and cons, it can get much more complicated.Many feel that corporations that engage in online contests also benefit from all the free advertising that goes along with them. When Robyn Waxman, of FARM (Future Action Reclamation Mob,) was asked what she thought was one of the biggest ethical issues in graphic design, she said corporate sponsorships. Waxman's complaint was about corporate sponsorship of college courses and humanitarian projects. Sponsoring contests is another way that corporations enter this arena.Despite the pitfalls of contests, graphic design educators often use them as a teaching tool. Not only do they provide real world experience, they often offer the winners a prize, and at the very least, exposure. As students work to fill their portfolios with professional looking pieces, the parameters set by contests are usually on par with industry specifications. In addition to the professional experience students gain, the theme of contests are often in the area of social responsibility—making it a "win, win" for educators looking to include this topic in their syllabus, students looking to show their social conscience, and corporations looking to be seen as a social advocate.Design companies often use contests as a vehicle for self promotion. Communication Arts, AIGA, and HOW are just some of the respected design organizations that sponsor competitions. With a wide range of categories as well as different levels for entry (and fees), winning one of these competitions can bring respect from peers in the industry as well as look great on a resume. HOW even offers their readers tips on How to Win a Design Competition.If it's a "win, win" for all involved, how do you deal with the association with spec work or crowdsourcing? Do you see a substantial difference between contests and competitions? Are either of them degrading? Do you enter them? Do you encourage your students to enter them? 

Turning Trash into Treasure

“Waste Land" was a project created by the artist Vik Muniz where he enlisted the help of workers from the world's largest garbage dump, Jardim Gramacho, located on the outskirts of Rio de Janeiro, Brazil, to create art out of garbage. Muniz raised over $250,000 when he brought the portraits that were created to an auction house in London. Mr. Muniz donated his $50,000 take for the sale of one man's portrait to the workers’ cooperative. An award-winning documentary with the same name was released in 2009 and some of the project's participants visited the Museu de Arte Moderna in Rio to see themselves in Mr. Muniz’s 2009 retrospective. “Sometimes we see ourselves as so small,” one tells reporters at the opening, “but people out there see us as so big, so beautiful.”In Cateura, Paraguay, Favio Chavez, an ecological technician at the landfill the town is built on, creates instruments for a young people's orchestra from trash. The “Recycled Orchestra” quickly gained more students than instruments. The students are beginning to take tours around the world and filmmakers are working on a new documentary, "Landfill Harmonic," to tell their  story.Another recent project intent on raising awareness about litter was created from 1.7 tons of garbage found on Mount Everest. 15 Nepali artists spent a month creating more than 75 sculptures from empty oxygen bottles, torn tents, ropes, boots, and every kind of camping equipment imaginable. Yaks, wind chimes, prayer wheels, and all kinds of unique sculptures were created. The works were exhibited in Kathmandu.The mission of Emergent Structures, located in Savannah, GA, is to increase the value and accessibility of building material waste streams through facilitation, collaboration, education, and advocacy. Some of their projects have included a collaborative fundraiser with the Humane Society of Savannah that began with a call for submissions for custom built cat or dog structures made from reclaimed materials and the "This Ain't Junk" repurposing competition with Savannah’s Habitat for Humanity. Emergent Structures wants to publish stories from all over the world about reclaiming materials and encourage people to submit their projects to Exclaim Your Reclaim.San Francisco's Recology Artist Program in Residence provides Bay Area artists with access to discarded materials, a stipend, and a large studio space at the Recology Solid Waste Transfer and Recycling Center.Closer to home, one of my students, Rick Diguez, was recently inspired to create a book made out of discarded stainless steel, left over scrap from a gutter installation. The result was a finely crafted book that pays homage to some of his favorite artists.Also local for me, the Newburgh Mural Project is a series of inspiring outdoor paintings featuring the work of Chilean artist Dasic. This project has transformed old buildings and tunnels into works of art bringing beauty into neighborhoods struggling with poverty and crime.What have you seen lately that inspires you to turn trash into treasure?Sources:http://www.emergentstructures.org/http://www.good.is/posts/landfill-harmonic-making-music-from-trash-in-a-paraguay-slumhttp://www.recologysf.com/AIR/http://www.sierraclubgreenhome.com/uncategorized/one-mans-trash-is-another-mans-art/?pid=1836http://www.theatlanticcities.com/arts-and-lifestyle/2012/11/turning-mount-everest-trash-treasure/4008/#http://www.wastelandmovie.com/synopsis.htmhttp://video.nytimes.com/video/2010/10/20/arts/design/1248069211361/clip-waste-land.html

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/55824/Copyright_FairUse_CreativePros_Mercurio.pdfSource:https://dl.dropbox.com/u/55824/Copyright_FairUse_CreativePros_Mercurio.pdfhttp://articles.businessinsider.com/2012-02-17/tech/31070312_1_copyright-holder-napster-youtube 

Social activism, served best with a side of laughter?

It's been almost a year since the Yes Men launched the Yes Lab, an organization devoted to helping activist groups carry out media-getting creative actions. The Yes Men, Igor Vamos and Jacques Servin (also known as Andy Bichlbaum and Mike Bonanno,) are culture-jamming activists who have been creating actions since 1999. Their work focuses on creating parody and involves the impersonation of famous figures or creation of bogus media campaigns. As Paul Kuttner, author of the blog Cultural Organizing, said last year in anticipation about the launch Yes Lab, “organizing and activism could be a lot funnier.”(1)Although delivered with humor, the issues that Yes Lab addresses are far from laughing matters. Earlier this year they caused a stir when they launched the website arcticready.com and the Let's Go! Mercy Poll, a mock poll that encourages users to vote for which arctic species deserves extra protection from the US government's "incidental harassment authorization" that was granted to Shell. The site also features Social Media ads and a game just for kids, Angry Bergs.Another of Yes Lab's projects included "Three Strikes, You're In!," targeting the New York Police Department and McDonald's. The campaign offered free Happy Meals™ to anyone stopped and frisked three times without charge or summons to compensate victims of the NYPD's racist and abusive "stop and frisk" policy. They created a parody website and video (no longer available for viewing) which mimicked the official NYPD website along with the mock coupon to be brought in to claim their meal. According to Terry Malloy, author of the press release, McDonald's was included because they have made millions off of serving low nourishment food to African-American communities. (2)Last week Yes Lab posted about Shell again, with "Murder is Bad. Even in Nigeria." The article is about Shell's attempt to block employees access to the activist website, Murder  is Bad, created by People Against Legalized Murder (PALM). The site's goal is to let people know about Shell's involvement in murders in Nigeria, and their actions to cover it up, including the recent court case, Kiobel v. Royal Dutch Petroleum.What do you think, is a social message best served with laughter? Are there any risks involved when creating mock campaigns that are often mistaken for being real?You can read about 5 more protests that shook the world with laughter at Yes Magazine.Notes:(1) http://culturalorganizing.org/?p=316(2) http://www.businessinsider.com/365black-mcdonalds-nypd-frisking-3-strikes-youre-in-2012-3#ixzz28zlvjxxu Sources:http://yeslab.org/http://theyesmen.org/http://murderisbad.com/http://culturalorganizing.org/?p=316http://www.businessinsider.com/365black-mcdonalds-nypd-frisking-3-strikes-youre-in-2012-3http://www.yesmagazine.org/issues/beyond-prisons/5-protests-that-shook-the-world-with-laughter

Was Shepard Fairey’s use fair?

Last week Shepard Fairey was sentenced to two years probation and a $25,000 fine for tampering with evidence in his copyright battle with the Associated Press. Some, including prosecutor Daniel Levy, felt Fairey should have served jail time. Levy contends, “A sentence without any term of imprisonment sends a terrible message to those who might commit the same sort of criminal conduct.”For those unfamiliar with the case, Fairey was sued by the Associated Press in 2009 for copyright infringement for using a photo by AP photographer Mannie Garcia. Fairey then filed a suit against the AP, contending that his use of the photo fell under the doctrine of fair use. The case got murky when it was discovered that Fairey lied about the original photo that he used as well as destroyed documents that were relevant to the case.Plagiarism Today lists the belief "Fair Use Will Protect Me" as one of the top myths about copyright. They go on to state that most people who claim fair use are misreading the law. Fair use is meant to balance free speech against the rights of the copyright holder. Fair use is an affirmative defense; you would have to prove it after you are sued. Fair use is not meant to protect you from a lawsuit, but rather from having to pay damages after it is over. (1)The definition of fair use is the copying of copyrighted material for a limited and transformative purpose; to comment upon, criticize, or parody. The term transformative is as ambiguous and vague as it seems, and it's done so intentionally. Like free speech, judges and lawmakers want an expansive meaning that could be open to interpretation. Most fair use analysis falls into two categories: commentary and criticism, or parody. (2)According to Stanford University Libraries, when assessing whether or not something falls under fair use, lawmakers use four factors:

1. the transformative factor: purpose and character of your use(have you created new meaning, was value added to the original?)

2. the nature of the copyrighted work(was the original work factual or fictional? typically you have more leeway if it's factual)

3. the amount and substantiality of the portion taken(in general, the less you take, the more likely you will be excused)

4. the effect of the use upon the potential market(does your new work deprive the copyright owner of income or a potential market for the original work?)

In Fairey's case the issue was eventually settled in a civil case without answering the question of whether or not his use of the AP photo constituted fair use under copyright law. The financial terms of their agreement were not disclosed and both parties agreed to share image usage rights for any posters or merchandise produced using the "Hope" image.Fairey may have been sentenced for his criminal activity involved with this case, however the question still remains, would his use of the AP photo have been fair if he hadn't lied and tampered with evidence?Notes:(1) http://www.plagiarismtoday.com/stopping-internet-plagiarism/your-copyrights-online/3-copyright-myths/(2) http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-a.htmlSources:http://www.latimes.com/entertainment/arts/culture/la-et-cm-shepard-fairey-20120908,0,6021274.storyhttp://www.plagiarismtoday.com/stopping-internet-plagiarism/your-copyrights-online/3-copyright-myths/http://artsbeat.blogs.nytimes.com/2012/09/07/shephard-fairey-is-fined-and-sentenced-to-probation-in-hope-poster-case/http://www.huffingtonpost.com/2012/09/06/shepard-fairey-jail_n_1861680.htmlhttp://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html

The Power of Photoshop Users

Much has been written about the atrocities of Photoshop. It has been used for all kinds of photo manipulation—some is considered racist, like the OJ Simpson image that graced Time magazine's cover; some is considered dangerous and ridiculous, like the Iran missile image explosions; and some is considered anti-feminist and irresponsible as shown in this video "Killing Us Softly 4: Advertising's Image of Women" with Jean Kilbourne.Is it true that the best Photoshop work goes unnoticed? Richard Fisher states just that in a post entitled, "Photoshop – the Good, the Bad and the Ugly." The post goes on to say, "when used correctly, it enhances a photo and can be used to remove flaws. Clearly its good practice to check and improve any photo you use even if it is just making sure the contrast is ok. Untidy or low quality images look unprofessional and can reflect badly on your brand. But it’s about being subtle, about having the skill to change and adjust the image so that it is improved without revealing the process of improvement." (1)A recent presentation on TED Talks by photo retoucher Becci Mason focuses on how Photoshop was used to bring joy and memories back to those affected by the devastating 2011 tsunami in Japan. Mason had traveled to the scene as part of a relief effort, All Hands, and while there discovered the damage done to photos, albums, cameras, and memory cards. Using social media to gather over 1,100 volunteers, she created Photo Rescue Japan to spearhead the effort to restore the images. Over 135,000 photographs were cleaned, and hundreds were retouched and returned to their owners.Mason's efforts aimed to restore the images to their original state, not to obviously look photoshopped. But what about the obvious uses of photoshop? There are occasions when obvious manipulation can be used for good. Chaz Maviyane Davies is a graphic designer who uses Photoshop to create images for social activism. His website, maviyane.com, aptly named "Creative Defiance," shows powerful examples of how manipulated images don't only have to be used for advertising and consumerism. Davies also lent his creative efforts to helping Tsunami victims by creating a powerful image that was commissioned to raise funds to aid victims.Photoshop itself is merely tool in the hands of its users, without an end user it is nothing—they are the ones with the power. What have you seen that appalls you? Inspires you?Notes:(1) http://www.graphicdesignblog.co.uk/photoshop-the-good-the-bad-and-the-ugly/Sources:http://www.fourandsix.com/photo-tampering-history/tag/race-and-genderhttp://www.graphicdesignblog.co.uk/photoshop-the-good-the-bad-and-the-ugly/http://www.petapixel.com/2012/08/04/retouching-lives-through-photos-and-using-photoshop-for-good/http://thelede.blogs.nytimes.com/2008/07/11/photoshop-frenzy-on-iran-missile-tests/http://youtu.be/9JKy6ZfmBn0  

Brand (un)control

The London 2012 Olympic logo has been discussed (and criticized) ever since it was unveiled in 2007. With the start of the Olympics only two weeks away, it seemed like a good time to take another look.Branding has always been one of my favorite areas of graphic design. As a graphic designer, I find it to be one of the most challenging areas; as an educator, one of the most interesting. The social implications of branding are often more interesting than the logos themselves. Then of course there is the question of what is "good" branding. Should it be considered a success if it's designed well, made an impact and created brand awareness, or for what it stands for?Before the age of social media the brand experience was carefully crafted and planned. Steven Heller's book, Iron Fists: Branding the 20th Century Totalitarian State, offers a fascinating comparison of corporate branding strategies—slogans, mascots, jingles and the rest—to those adopted by four of the most destructive 20th‐century totalitarian regimes: Fascist Italy, Nazi Germany, the Soviet Union under Lenin and Stalin, and Mao’s China.Fast forward to the 21st Century and the age of social media. A brand identity is no longer tightly controlled from the top down. As soon as it's introduced it's open to feedback from anywhere; control has reversed—it's now from the bottom up.When Wolff Olins was asked by London's Organizing committee to design a logo for the 2012 Olympics they were asked to "inspire a generation." The brand promise was to put the Olympic and Paralympic Games at the heart of contemporary life. With this goal in mind, many would say they've been successful. The logo has inspired a multitude of criticism, parody, and even paranoia. Iran's National Olympic Committee threatened to boycott the Olympics because they said the logo was racist because some believed they could see the word "Zion" in the abstract design. IOC President Jacques Rogge dismissed the criticism. The one thing that everyone would agree on is that since its release in 2007 the logo has been a hotbed of controversy.  It's been deconstructed and reconfigured to suggest everything from a swastika to Lisa and Bart Simpson having sex.What do you think? Is the logo "good," and how important has social media been in building the brand?Sources:http://www.davidairey.com/london-2012-olympic-logo-disaster/http://imprint.printmag.com/uncategorized/the-eye-of-the-beholders/http://imprint.printmag.com/branding/spoof-protest-and-conspiracy-london-2012-anti-logos/?utm_source=rss&utm_medium=rss&utm_campaign=spoof-protest-and-conspiracy-london-2012-anti-logos&et_mid=566392&rid=23821332http://www.wolffolins.com/work/london-2012http://news.bbc.co.uk/sport2/hi/olympic_games/9410046.stmhttp://www.nytimes.com/2008/07/31/arts/31iht-IDLEDE2.1.14885119.html?_r=3http://ca.sports.yahoo.com/blogs/olympics-fourth-place-medal/critics-slam-london-olympic-logo-193526099--oly.html 

“Walking the Walk” of Sustainable Design

Working sustainably and avoiding the landfill is a goal that many graphic designers aspire to. In reality, creating work that adheres to the principles of sustainable design is often challenging and graphic designers sometimes find themselves struggling to “walk the walk.” Client budgets, availability of resources, and coming up with innovative ideas are just some of the obstacles they face.thomas.matthews studio has a number of projects that feature sustainable design. The "Your Ocean" project tells the story of the impact of human beings on the ocean and its ecosystems. The exhibit that was created for the National Maritime Museum in London was made completely from reclaimed, recycled and sustainable materials. Gallery walls are made from reclaimed wood. One of the walls is even clad in left-over materials from the gallery build itself. Other materials used are old road signs, charity shop fabrics, old mobile phones and crushed CD plastic. (1)Emergent Structures is another inspiring organization located in Savannah, GA. Their objectives include reducing waste streams from the built environment through community-based collaboration; utilizing renewable and reclaimed materials; increasing usage of construction and demolition waste; and creating new tools and models with communities. (2) One recent project utilized reclaimed wood from one of their ongoing deconstruction projects to create a center bar for a new business that opened in the historic district, The Sparetime. The project also involved a local craftsman and cabinet maker, Anders Thomsen, who constructed the bar from the reclaimed wood.What have you seen that inspires you to “walk the walk” and design sustainably?Here are some resources for practicing sustainable design; some feature case studies for more inspiration:http://www.designersaccord.org/http://www.livingprinciples.org/http://lovelyasatree.com/http://re-nourish.com/?l=homeNotes:1) http://lovelyasatree.com/casestudies.htm2) http://www.emergentstructures.org/?page_id=288Sources:http://thomasmatthews.com/http://www.rmg.co.uk/http://lovelyasatree.com/casestudies.htmhttp://www.emergentstructures.org/?page_id=288

The Cost of Unpaid Internships

Although most would agree that paid internships are better than unpaid, many argue that the experience a student gains during an unpaid internship makes it worth it. In fact a recent article in my local paper stated, "Unfortunately, we cannot pay our interns, but we can offer a great life-enhancing experience, in addition, an internship is a tremendous asset on your resume." (1) Design students are lured in with such promises along with the added bonus of creating professional work for their portfolio.The Economic Policy Institute offers a different view in an article entitled, "Unpaid Internships: A Scourge on the Labor Market." The article makes the point that not only are students denied compensation, the loss of associated Social Security taxes, unemployment taxes, or worker’s compensation premiums deprives these funds of needed revenue. Despite the implication of these tax losses nationwide, the federal government has failed to investigate and enforce laws against unpaid internships. Furthermore, as the unemployment rate has risen, so has the age, education level (many interns these days are professionals), and number of unpaid interns. Ironically, the oversupply of people willing to work for nothing actually damages the career prospects of the students who take them.Research done in 2011 by the National Association of Colleges and Employers shows that unpaid internships do very little for the job prospects of the students who take them. The average student who had taken an unpaid internship in a for-profit firm earned $18,000 less than students with paid internships and $3,700 less than the average student who had never taken an internship. Students who had had paid internships in the federal government received salary offers averaging $48,668; their colleagues with unpaid federal internships were offered only $33,127, on average. (2)What do you think, do you need to re-examine your thoughts about unpaid internships?Notes:(1) http://www.recordonline.com/apps/pbcs.dll/article?AID=/20120604/NEWS/206040330&cid=sitesearch(2) http://www.epi.org/blog/unpaid-internships-scourge-labor-market/Sources: http://www.epi.org/blog/unpaid-internships-scourge-labor-market/ http://www.nytimes.com/2006/05/30/opinion/30kamenetz.html?_r=1