Page 1

David Carson by Georgi Levchev

Shigeo Fukuda by Katie Newman

Shepard Fairey by Carla Ellis


CONTENTS Contents

3

David Carson

Georgi Levchev

4–5

Shepard Fairey

Carla Ellis

6–7

Shigeo Fukuda

Katie Newman

8–9

Copyright Law

Georgi Levchev

10 – 11

Copyright Law

Carla Ellis

12 – 13

Copyright Law

Katie Newman

14 – 15

Bibliography

16 – 17 3 2


CONTENTS Contents

3

David Carson

Georgi Levchev

4–5

Shepard Fairey

Carla Ellis

6–7

Shigeo Fukuda

Katie Newman

8–9

Copyright Law

Georgi Levchev

10 – 11

Copyright Law

Carla Ellis

12 – 13

Copyright Law

Katie Newman

14 – 15

Bibliography

16 – 17 3 2


DAVID CARSON by Georgi Levchev

O

n September 8, 1954, Carson was born in Corpus Christi, Texas. He went on to study Sociology from San Diego State University and graduated with a Bachelor of Arts degree.

Biography He touched upon graphic designing briefly while attending a twoweek commercial designing class at the University of Arizona, in 1980. David Carson embarked on his passion for graphic designing in his later life. In the beginning, he worked as a designer for a magazine, Self and Musician, covering surfers’ interests. His early experiences also include working for Transworld Skateboarding magazine which paved way for his experimental designing. He became the art director for the magazine in 1984 and revised its style and layout until his tenure ended. During his time at Transworld Skateboarding, he developed a signature style with the use of unconventional ‘dirty’ type photoraphic techniques. In 1987, he also lent his expertise to the extension of the magazine Transworld Snowboarding. Actually, Carson is a prominent contemporary graphic designer and art director.

4

His unconventional and experimental graphic style revolutionized the graphic designing scene in America during the 1990s.

Carson’s Practice He was the art director of the magazine Ray Gun, in which he introduced the innovative typographies and distinct layouts. He is claimed to be the godfather of ‘grunge typography’ which he employed perpetually in his magazine issues. In 1989, he was landed a job at the magazine Beach Culture, as an art director. After the publication of only six issues, the magazine folded. Carson made a name for himself through the opportunity, as his designs were recognized for his unique style and typography and consequently earned over a hundred design awards. In 1992,

he was offered a job at an alternative-music magazine Ray Gun, whose publisher saw the true potential of his graphic design skills.

Personal Influence Once again, Carson proved himself as he tripled the magazine’s circulation and attracted a wide readership. In fact, to keep the spirit of the magazine alive he notoriously published a tedious interview with Bryan Ferry in Zapf Dingbats (symbol) font. The works are characterized by the chaotic typography and pattern it embodies, disarray of photos overlapping each other, seemingly meaningless at the surface but holding a larger picture. To put in simpler words as Albert Watson stated, the disorganized use of his typography has its own purpose, such as each stroke of a painter’s brush evoke different emotion, imagery and idea, so does Carson’s designs possess such attributes. Where his innovative style of visual communication attracted new readers it also repelled many who considered his work fractured, hence misleading. Although his covers for Ray Gun were often radical and bold, it fascinated the young readership, thus the big corporations also hired him for their brand advertisements through both print and electronic media. In 1995, Carson quit his job at Ray Gun and established his own firm, David Carson Design.

5


DAVID CARSON by Georgi Levchev

O

n September 8, 1954, Carson was born in Corpus Christi, Texas. He went on to study Sociology from San Diego State University and graduated with a Bachelor of Arts degree.

Biography He touched upon graphic designing briefly while attending a twoweek commercial designing class at the University of Arizona, in 1980. David Carson embarked on his passion for graphic designing in his later life. In the beginning, he worked as a designer for a magazine, Self and Musician, covering surfers’ interests. His early experiences also include working for Transworld Skateboarding magazine which paved way for his experimental designing. He became the art director for the magazine in 1984 and revised its style and layout until his tenure ended. During his time at Transworld Skateboarding, he developed a signature style with the use of unconventional ‘dirty’ type photoraphic techniques. In 1987, he also lent his expertise to the extension of the magazine Transworld Snowboarding. Actually, Carson is a prominent contemporary graphic designer and art director.

4

His unconventional and experimental graphic style revolutionized the graphic designing scene in America during the 1990s.

Carson’s Practice He was the art director of the magazine Ray Gun, in which he introduced the innovative typographies and distinct layouts. He is claimed to be the godfather of ‘grunge typography’ which he employed perpetually in his magazine issues. In 1989, he was landed a job at the magazine Beach Culture, as an art director. After the publication of only six issues, the magazine folded. Carson made a name for himself through the opportunity, as his designs were recognized for his unique style and typography and consequently earned over a hundred design awards. In 1992,

he was offered a job at an alternative-music magazine Ray Gun, whose publisher saw the true potential of his graphic design skills.

Personal Influence Once again, Carson proved himself as he tripled the magazine’s circulation and attracted a wide readership. In fact, to keep the spirit of the magazine alive he notoriously published a tedious interview with Bryan Ferry in Zapf Dingbats (symbol) font. The works are characterized by the chaotic typography and pattern it embodies, disarray of photos overlapping each other, seemingly meaningless at the surface but holding a larger picture. To put in simpler words as Albert Watson stated, the disorganized use of his typography has its own purpose, such as each stroke of a painter’s brush evoke different emotion, imagery and idea, so does Carson’s designs possess such attributes. Where his innovative style of visual communication attracted new readers it also repelled many who considered his work fractured, hence misleading. Although his covers for Ray Gun were often radical and bold, it fascinated the young readership, thus the big corporations also hired him for their brand advertisements through both print and electronic media. In 1995, Carson quit his job at Ray Gun and established his own firm, David Carson Design.

5


SHEPARD FAIREY by Carla Ellis

F

rank “Shepard Fairey” is a street artist, muralist, graphic artist, sculptor, and overall artist who is part of the infamous street art movement.

Biography Born in 1970 in Charleston, South Carolina in the USA, Shepard Fairey attained his Bachelor of Fine Arts from the Rhode Island School of Design in 1992. His early career was steeped in the punk skateboarding culture during which time he produced homemade stickers for the skateboarding community, and developed and cultivated an interest in street art. This punk attitude is reflected in his statement “art is not always meant to be decorative or soothing, in fact, it can create uncomfortable conversations and stimulate uncomfortable emotions”.

Fairey’s Practice Fairey’s work uses predominantly red, black and white. He employs a variety of media including graffiti, murals, prints, stickers, and posters, amongst others which is a good indication of his versatility – something I respect, as I feel an artist should be primarily versatile and able to use a vast array of media to best-suit the message they wish to convey. 6 3

His artwork melds traditional with contemporary and shows heavy influences from constructivism, art deco and pop art. His use of colour is very constructivist, as is his use of geometric balance and shapes. His work is both clean and detailed, continuing the paradoxical nature of his design approach. He has taken elements of the traditional movements and added a more modern twist on them. His interest in street art is quite prevalent in his focus on typography and its importance. Because much of my design is constructivist influenced, I identify strongly with his style. I appreciate how he balances getting the message across with a simplistic and clean style that is not too busy. I am primarily a commercial designer, so the message should be the key focus to me.The simplistic, clean, but wellconsidered mature of his work are what I identify with most and aspire towards in my own designs.

Shepard Fairey is a very political figure and many of his artworks are activist in nature and politically motivated. His most famous work is possibly his 2008 piece “Hope” which is a portrait of president-elect at the time, Barrack Obama. He has done many portraits in this same vain of celebrities and cultural icons. His work is distinctly political in nature and reflects his progressive leanings and antiestablishment origins and views. Fairey has been criticised at times for his commercialism and his design agency’s collaborations with major corporations such as Nike and Saks Fifth Avenue, with his critics accusing him of “selling out”. He is not purely a street artist or activist and identifies as an artist first and activist second.

Personal Influence Whilst I am not a very political person by nature, I appreciate Shepard’s design style and focus on the message as key. I do not identify with his political stances and activism, however I appreciate his melding of traditional movements into his own unique style heavily grounded in my favourite movement, constructivism.

7


SHEPARD FAIREY by Carla Ellis

F

rank “Shepard Fairey” is a street artist, muralist, graphic artist, sculptor, and overall artist who is part of the infamous street art movement.

Biography Born in 1970 in Charleston, South Carolina in the USA, Shepard Fairey attained his Bachelor of Fine Arts from the Rhode Island School of Design in 1992. His early career was steeped in the punk skateboarding culture during which time he produced homemade stickers for the skateboarding community, and developed and cultivated an interest in street art. This punk attitude is reflected in his statement “art is not always meant to be decorative or soothing, in fact, it can create uncomfortable conversations and stimulate uncomfortable emotions”.

Fairey’s Practice Fairey’s work uses predominantly red, black and white. He employs a variety of media including graffiti, murals, prints, stickers, and posters, amongst others which is a good indication of his versatility – something I respect, as I feel an artist should be primarily versatile and able to use a vast array of media to best-suit the message they wish to convey. 6 3

His artwork melds traditional with contemporary and shows heavy influences from constructivism, art deco and pop art. His use of colour is very constructivist, as is his use of geometric balance and shapes. His work is both clean and detailed, continuing the paradoxical nature of his design approach. He has taken elements of the traditional movements and added a more modern twist on them. His interest in street art is quite prevalent in his focus on typography and its importance. Because much of my design is constructivist influenced, I identify strongly with his style. I appreciate how he balances getting the message across with a simplistic and clean style that is not too busy. I am primarily a commercial designer, so the message should be the key focus to me.The simplistic, clean, but wellconsidered mature of his work are what I identify with most and aspire towards in my own designs.

Shepard Fairey is a very political figure and many of his artworks are activist in nature and politically motivated. His most famous work is possibly his 2008 piece “Hope” which is a portrait of president-elect at the time, Barrack Obama. He has done many portraits in this same vain of celebrities and cultural icons. His work is distinctly political in nature and reflects his progressive leanings and antiestablishment origins and views. Fairey has been criticised at times for his commercialism and his design agency’s collaborations with major corporations such as Nike and Saks Fifth Avenue, with his critics accusing him of “selling out”. He is not purely a street artist or activist and identifies as an artist first and activist second.

Personal Influence Whilst I am not a very political person by nature, I appreciate Shepard’s design style and focus on the message as key. I do not identify with his political stances and activism, however I appreciate his melding of traditional movements into his own unique style heavily grounded in my favourite movement, constructivism.

7


SHIGEO FUKUDA by Katie Newman

S

higeo Fukuda (1932–2009) was a Japanese graphic designer and sculptor. His work is centred around illusions,. The combination of influences (such as traditional Japanese culture as well as the International Style) mean that Fukuda’s practice and creative identity is unique and iconic.

Biography Born in Tokyo, Fukuda was interested in aesthetics from an early age, inspired by his family’s toy-making business. After moving to Europe in the 1950s, Fukuda became aware of the International Style, whose clean and minimalist approach had a profound impact on his work throughout his career. The creative output produced by Shigeo Fukuda throughout his career was incredibly visually diverse. Ranging from the posters which won him international recognition (such as the ‘Expo 70’ poster, which takes a strong complex message and simplifies it to something which can be universally understood). In 1987, Fukuda was the first Japanese designer to be inducted into the Art Director’s Club Hall of Fame. Unfazed by success, Fukuda continued to produce a range of diverse work. The latter part of his

8

career saw Fukuda begin to explore the possibilities of three dimensional visual illusions as well as embracing new digital technologies. Shigeo Fukuda died in 2009 after suffering a stroke.

Fukuda’s Practice Fukuda’s practice is unusual as, unlike many of his peers, the majority of his work was not done for personal financial gain. Instead, Fukuda saw the point of design as being for the benefit of wider society. (For example, Fukuda donated his winnings from the 1975 Warsaw Poster Contest (which he won for his poster ‘Victory 1945’) to the Peace Fund Movement.) Fukuda’s motivation was to improve society as a whole through his designs, rather than the profits of one corporation. Although Fukuda’s work can be seen as heavily influenced by European trends, his work also

clearly references traditional Japanese art, including woodblock printing (seen with the two-colour nature of most of his work. Also, he was inspired by the natural world. This, in turn, suggests that Shigeo Fukuda is a proud Japanese nationalist and wants to communicate this to the audience. This implies that his work is extremely politicised on both a visual and conceptual level.

Personal Influence Shigeo Fukuda has been an influence on my own practice since discovering his work around four years ago. His simplification of complex concepts to a simple visual illusion is something which is becoming ever more significant in a world in which the public are constantly surrounded by design. Fukuda’s approach is one which design students should consider more, as it may prove to be more effective. Fukuda’s approach to simplification is also important to my own practice, and that of other designers, as it can ensure a piece can cross cultural and language barriers. This is increasingly important in the current age, where the world is becoming more inter- connected, and is a reminder of the power of images. Above all, the most significant principle followed by Fukuda which can inspire students such as myself, is that design goes above commerce – it has much more power over people than is realised. It is important to consider that money is not everything; design is inherently about the communication of messages to improve society. 9


SHIGEO FUKUDA by Katie Newman

S

higeo Fukuda (1932–2009) was a Japanese graphic designer and sculptor. His work is centred around illusions,. The combination of influences (such as traditional Japanese culture as well as the International Style) mean that Fukuda’s practice and creative identity is unique and iconic.

Biography Born in Tokyo, Fukuda was interested in aesthetics from an early age, inspired by his family’s toy-making business. After moving to Europe in the 1950s, Fukuda became aware of the International Style, whose clean and minimalist approach had a profound impact on his work throughout his career. The creative output produced by Shigeo Fukuda throughout his career was incredibly visually diverse. Ranging from the posters which won him international recognition (such as the ‘Expo 70’ poster, which takes a strong complex message and simplifies it to something which can be universally understood). In 1987, Fukuda was the first Japanese designer to be inducted into the Art Director’s Club Hall of Fame. Unfazed by success, Fukuda continued to produce a range of diverse work. The latter part of his

8

career saw Fukuda begin to explore the possibilities of three dimensional visual illusions as well as embracing new digital technologies. Shigeo Fukuda died in 2009 after suffering a stroke.

Fukuda’s Practice Fukuda’s practice is unusual as, unlike many of his peers, the majority of his work was not done for personal financial gain. Instead, Fukuda saw the point of design as being for the benefit of wider society. (For example, Fukuda donated his winnings from the 1975 Warsaw Poster Contest (which he won for his poster ‘Victory 1945’) to the Peace Fund Movement.) Fukuda’s motivation was to improve society as a whole through his designs, rather than the profits of one corporation. Although Fukuda’s work can be seen as heavily influenced by European trends, his work also

clearly references traditional Japanese art, including woodblock printing (seen with the two-colour nature of most of his work. Also, he was inspired by the natural world. This, in turn, suggests that Shigeo Fukuda is a proud Japanese nationalist and wants to communicate this to the audience. This implies that his work is extremely politicised on both a visual and conceptual level.

Personal Influence Shigeo Fukuda has been an influence on my own practice since discovering his work around four years ago. His simplification of complex concepts to a simple visual illusion is something which is becoming ever more significant in a world in which the public are constantly surrounded by design. Fukuda’s approach is one which design students should consider more, as it may prove to be more effective. Fukuda’s approach to simplification is also important to my own practice, and that of other designers, as it can ensure a piece can cross cultural and language barriers. This is increasingly important in the current age, where the world is becoming more inter- connected, and is a reminder of the power of images. Above all, the most significant principle followed by Fukuda which can inspire students such as myself, is that design goes above commerce – it has much more power over people than is realised. It is important to consider that money is not everything; design is inherently about the communication of messages to improve society. 9


COPYRIGHT LAW by Georgi Levchev

R

elevant to our work, in connection to different themes and issues, is using of images, published in Net space. The same situation is the task we are working on now, and later will be published in the "Issuu" web page. For this reason, we need to know: When can we use someone else's images?

Image Licenses According to the www.rivaliq.com, we can if follow these rules: 1. The rule of thumb is that you must receive authorization from the creator in order to use his/her image. Does this mean that every single one of the billions of pictures on the internet is either authorized by the creator or in violation of copyright? The answer is no – and this is where fair use comes into play. 2. In our work, we need to use an image from online resources and in this case, we need fair Use images. 3. Fair use is an exception and limitation to the rights of exclusivity that are granted by copyright to the creator of a piece of work. In the US, fair use allows for limited use of copyrighted material without authorization from the material without authorization from the author of the creative work. The purpose of fair use is to provide limited use if it benefits the public. 10

Another three factors determine whether the use of an image is considered “fair”:

Royalty Free – The royalty-free licensing model is the most popular type of license for stock photos and often the most affordable.

1. The purpose of use: educational, nonprofit, scholarly, reporting, reviewing, or research

Rights Managed – Refers to the purchase of a photo which can only be used one time and as specified by the license.

2. The nature of use: fact-based or public content (courts are usually more protective of creative works) 3. The amount and substantiality used: using only a small piece of the image, using only a small thumbnail/low-resolution version of the image. It sounds a little bit confused and scared, but regarding number 1, we use all the images properly. Also other useful information about the licenses of the work, we can find in Ken Kaminesky blog, which helps us to understand, the different types of image licenses: Flat Fee – Also known as contracted work, a flat-fee license relates to a single photo that is licensed and intended for one user.

Creative Commons Licenses – The licenses allow copyright owners to freely share their work but control the conditions under which it is used.

Copyright & Personal Practice I have decided to use the images for the collaborated E-Booklet, from two internet sources, for which I have checked, the copyright requirements. 1. Web page “coolgrannyflats.com”- have their Copyright notice that everyone can read and familiarise with it from this link: http://www.cool grannyflats.com/digital-millennium-copyright-act-notice/ 2. The University of California gives also info about the terms of using their stuff, based online. All the info can be found on the page Oviatt Library-Copyright Statements, Available at https://library.csun.edu/ About/Copyright From the text, we see that the chosen images can be used from both web pages, but in the first, I need a license from the owner, and in the second the stuff owned by CSUN can be used without permission for educational purpose. So I restricted myself and chose to use materials from the second site, which fully complies with the copyright criteria, which makes it easier to work on the task. 11


COPYRIGHT LAW by Georgi Levchev

R

elevant to our work, in connection to different themes and issues, is using of images, published in Net space. The same situation is the task we are working on now, and later will be published in the "Issuu" web page. For this reason, we need to know: When can we use someone else's images?

Image Licenses According to the www.rivaliq.com, we can if follow these rules: 1. The rule of thumb is that you must receive authorization from the creator in order to use his/her image. Does this mean that every single one of the billions of pictures on the internet is either authorized by the creator or in violation of copyright? The answer is no – and this is where fair use comes into play. 2. In our work, we need to use an image from online resources and in this case, we need fair Use images. 3. Fair use is an exception and limitation to the rights of exclusivity that are granted by copyright to the creator of a piece of work. In the US, fair use allows for limited use of copyrighted material without authorization from the material without authorization from the author of the creative work. The purpose of fair use is to provide limited use if it benefits the public. 10

Another three factors determine whether the use of an image is considered “fair”:

Royalty Free – The royalty-free licensing model is the most popular type of license for stock photos and often the most affordable.

1. The purpose of use: educational, nonprofit, scholarly, reporting, reviewing, or research

Rights Managed – Refers to the purchase of a photo which can only be used one time and as specified by the license.

2. The nature of use: fact-based or public content (courts are usually more protective of creative works) 3. The amount and substantiality used: using only a small piece of the image, using only a small thumbnail/low-resolution version of the image. It sounds a little bit confused and scared, but regarding number 1, we use all the images properly. Also other useful information about the licenses of the work, we can find in Ken Kaminesky blog, which helps us to understand, the different types of image licenses: Flat Fee – Also known as contracted work, a flat-fee license relates to a single photo that is licensed and intended for one user.

Creative Commons Licenses – The licenses allow copyright owners to freely share their work but control the conditions under which it is used.

Copyright & Personal Practice I have decided to use the images for the collaborated E-Booklet, from two internet sources, for which I have checked, the copyright requirements. 1. Web page “coolgrannyflats.com”- have their Copyright notice that everyone can read and familiarise with it from this link: http://www.cool grannyflats.com/digital-millennium-copyright-act-notice/ 2. The University of California gives also info about the terms of using their stuff, based online. All the info can be found on the page Oviatt Library-Copyright Statements, Available at https://library.csun.edu/ About/Copyright From the text, we see that the chosen images can be used from both web pages, but in the first, I need a license from the owner, and in the second the stuff owned by CSUN can be used without permission for educational purpose. So I restricted myself and chose to use materials from the second site, which fully complies with the copyright criteria, which makes it easier to work on the task. 11


COPYRIGHT LAW by Carla Ellis

C

opyright, patents, designs and trade marks are all types of intellectual property protection. You get some types of protection automatically, others you have to apply for.” (gov.uk). This is the means by which creative individuals are able to protect the ownership of their creations, whether this be design, art, literature or musical composition. According to the UKCS (The UK Copyright Service), “Copyright arises when an individual or organisation creates a work, and applies to a work if it is regarded as original, and exhibits a degree of labour, skill or judgement.” The rights to these creations are retained by the artist and, as such, the reproduction and or distribution of these creations remains within the realm of control of the creator. This is true for commercial pieces, however there is scope for the use of other people’s work within the academic sphere, as long as this work is correctly and adequately acknowledged, not claimed as the work of the student or scholar themselves, and is not used for commercial or profiteering purposes. Copyright and intellectual property laws vary around the world in terms of how long a particular piece is protected.

12

In the United Kingdom, the copyright duration of a creation depends upon the type of work:

composer dies, or the work is made available to the public, by authorised performance, broadcast, exhibition, etc.

• For literary, dramatic, musical or artistic works - 70 years from the end of the calendar year in which the last remaining author of the work dies, or the work is made available to the public, by authorised performance, broadcast, exhibition, etc. The Copyright (Computer Programs) Regulations 1992 extended the rules covering literary works to include computer programs.

• Typographical arrangement of published editions - 25 years from the end of the calendar year in which the work was first published. (Copyright, Designs and Patents Act 1988) The importance of these laws and protections for an artist are undeniable. They safeguard the thought, creativity, hard work, and time that are required to generate something of value. It is vital that the artist retain control of their creation and the decision to distribute or reproduce that creation, in order for this hard work and sacrifice to be considered worthwhile. Without this ownership and control being retained within the hands of the artists, creativity, ingenuity and invention within society would be stifled and lose their inherent and essential value.

• Sound Recordings and broadcasts - 50 years from the end of the calendar year in which the last remaining author of the work dies, or the work is made available to the public, by authorised release, performance, broadcast, etc. • Films - 70 years from the end of the calendar year in which the last principal director, author or 13


COPYRIGHT LAW by Carla Ellis

C

opyright, patents, designs and trade marks are all types of intellectual property protection. You get some types of protection automatically, others you have to apply for.” (gov.uk). This is the means by which creative individuals are able to protect the ownership of their creations, whether this be design, art, literature or musical composition. According to the UKCS (The UK Copyright Service), “Copyright arises when an individual or organisation creates a work, and applies to a work if it is regarded as original, and exhibits a degree of labour, skill or judgement.” The rights to these creations are retained by the artist and, as such, the reproduction and or distribution of these creations remains within the realm of control of the creator. This is true for commercial pieces, however there is scope for the use of other people’s work within the academic sphere, as long as this work is correctly and adequately acknowledged, not claimed as the work of the student or scholar themselves, and is not used for commercial or profiteering purposes. Copyright and intellectual property laws vary around the world in terms of how long a particular piece is protected.

12

In the United Kingdom, the copyright duration of a creation depends upon the type of work:

composer dies, or the work is made available to the public, by authorised performance, broadcast, exhibition, etc.

• For literary, dramatic, musical or artistic works - 70 years from the end of the calendar year in which the last remaining author of the work dies, or the work is made available to the public, by authorised performance, broadcast, exhibition, etc. The Copyright (Computer Programs) Regulations 1992 extended the rules covering literary works to include computer programs.

• Typographical arrangement of published editions - 25 years from the end of the calendar year in which the work was first published. (Copyright, Designs and Patents Act 1988) The importance of these laws and protections for an artist are undeniable. They safeguard the thought, creativity, hard work, and time that are required to generate something of value. It is vital that the artist retain control of their creation and the decision to distribute or reproduce that creation, in order for this hard work and sacrifice to be considered worthwhile. Without this ownership and control being retained within the hands of the artists, creativity, ingenuity and invention within society would be stifled and lose their inherent and essential value.

• Sound Recordings and broadcasts - 50 years from the end of the calendar year in which the last remaining author of the work dies, or the work is made available to the public, by authorised release, performance, broadcast, etc. • Films - 70 years from the end of the calendar year in which the last principal director, author or 13


COPYRIGHT LAW by Katie Newman

C

opyright, and not infringing upon it, is an important part of creative practice. This is particularly true in the age of the internet, where ideas and images are readily available. Understanding copyright in all its different forms can be a difficult task – this article will simplify the rules surrounding it, to ensure designers stay on the right side of the law.

What is Copyright? The dictionary definition of copyright describes it as “the legal right to control the production and selling of a book, play, film, photograph or piece of music” (Cambridge English Dictionary, 2018). The extent to which an author’s legal “right” covers their work is not comprehensive. There are certain aspects of any creative output which cannot be copyrighted. These include titles or names, slogans or symbols. An alternative option open to creative practitioners, in order to protect their work, is to trademark the name or slogan. This allows the author to register their work with their national government, and allows it to be used to represent a particular organisation. However, the most important part of any creative output (the idea) cannot be protected by a trademark or copyright. This is because it is very difficult to prove what constitutes an ‘idea’, meaning it cannot be protected. 14

Design is seen as a constant revision of old ideas, adding to the complexity of any legal protection for an author’s original concept.

Protecting Work The internet and global age has made the issue of copyright a much greater one. Previously, if something was put into print, it was seen to have effectively been copyrighted. The internet has led to this being an operation which is more difficult to undertake. The easiest way to protect original work involves using the copyright symbol (©). This signifies the designer’s claim to ownership of the piece of work. However, if the work is created whilst a designer is employed by a company, issues can arise concerning who actually owns the work – the designer who created it, or the company who employed them. Generally it is seen that a company owns the intellectual property of their

employees, meaning that using the design elsewhere, you may be infringing the rights of the company (the owner). Often, the deciding factor in copyright legal cases concerns proof of ownership. This can be difficult to prove in certain circumstances. However, often evidence is comprised of original drawings or photographs, which show the development of the product or piece. This can still be inadequate in some cases, but proves how keeping a record of all stages of the design process can prove vital in retaining ownership.

UK Copyright Laws Copyright law varies from country to country. In Great Britain, there are a number of elements which constitute the legal stance regarding copyright, which are mainly dealt with under the Copyright, Designs and Patents Act. ‘Design right’ is used in the UK to protect a product or example of creative output. The time restraints on this apply from ten years after it was first sold, or fifteen years after it was created (whichever comes first). This offers some protection for designers, but is limiting insomuch as it only covers the physical aspects of the design (the shape, for example). Although copyright law remains significant, it is important to understand that a design is only protected for a certain number of years. In Great Britain, this is seventy years after the author’s death, after which date the work becomes the property of the public, meaning it can be used freely without the fear of any legal repercussions. 15


COPYRIGHT LAW by Katie Newman

C

opyright, and not infringing upon it, is an important part of creative practice. This is particularly true in the age of the internet, where ideas and images are readily available. Understanding copyright in all its different forms can be a difficult task – this article will simplify the rules surrounding it, to ensure designers stay on the right side of the law.

What is Copyright? The dictionary definition of copyright describes it as “the legal right to control the production and selling of a book, play, film, photograph or piece of music” (Cambridge English Dictionary, 2018). The extent to which an author’s legal “right” covers their work is not comprehensive. There are certain aspects of any creative output which cannot be copyrighted. These include titles or names, slogans or symbols. An alternative option open to creative practitioners, in order to protect their work, is to trademark the name or slogan. This allows the author to register their work with their national government, and allows it to be used to represent a particular organisation. However, the most important part of any creative output (the idea) cannot be protected by a trademark or copyright. This is because it is very difficult to prove what constitutes an ‘idea’, meaning it cannot be protected. 14

Design is seen as a constant revision of old ideas, adding to the complexity of any legal protection for an author’s original concept.

Protecting Work The internet and global age has made the issue of copyright a much greater one. Previously, if something was put into print, it was seen to have effectively been copyrighted. The internet has led to this being an operation which is more difficult to undertake. The easiest way to protect original work involves using the copyright symbol (©). This signifies the designer’s claim to ownership of the piece of work. However, if the work is created whilst a designer is employed by a company, issues can arise concerning who actually owns the work – the designer who created it, or the company who employed them. Generally it is seen that a company owns the intellectual property of their

employees, meaning that using the design elsewhere, you may be infringing the rights of the company (the owner). Often, the deciding factor in copyright legal cases concerns proof of ownership. This can be difficult to prove in certain circumstances. However, often evidence is comprised of original drawings or photographs, which show the development of the product or piece. This can still be inadequate in some cases, but proves how keeping a record of all stages of the design process can prove vital in retaining ownership.

UK Copyright Laws Copyright law varies from country to country. In Great Britain, there are a number of elements which constitute the legal stance regarding copyright, which are mainly dealt with under the Copyright, Designs and Patents Act. ‘Design right’ is used in the UK to protect a product or example of creative output. The time restraints on this apply from ten years after it was first sold, or fifteen years after it was created (whichever comes first). This offers some protection for designers, but is limiting insomuch as it only covers the physical aspects of the design (the shape, for example). Although copyright law remains significant, it is important to understand that a design is only protected for a certain number of years. In Great Britain, this is seventy years after the author’s death, after which date the work becomes the property of the public, meaning it can be used freely without the fear of any legal repercussions. 15


BIBLIOGRAPHY David Carson

Copyright Law

David Carson, personal web page, Available at http://www.davidcarsondesign.com/

Georgi Levchev

Sheny Wright, April 2018, article, David Carson Biography, Available at: https://inkbotdesign.com/david-carson/

Danielle Prager (2017)A Guide to Online Images Copyright and Fair Use Laws, Available at: https://www.rivaliq.com/blog/guide-copyright-fair-uselaws-online-images/

Shepard Fairey

Ken Kaminesky, (July 2017), Can I Use That Picture?, Available at: https://blog.ken kaminesky.com/2017/07/27/how-to-legally-use copyrighted-images-infographic/

Artnet.com. (2018) Shepard-fairey. [Online]Available at: http://www.artnet.com/artists/shepard-fairey/ [Accessed: 05/11/18]. Obeygiant.com. (2018) Obey Giant - The Art of Shepard Fairey. [Online]Available at: https://obeygiant.com/ [Accessed: 05/11/18]. Streetartbio.com. (2018) About Shepard Fairey. [Online]Available at:http://www.streetartbio.com/shepard-fairey [Accessed: 05/11/18]. Z, Janelle. (2018) Shepard Fairey:’ I’m not going to be intimidated by identity politics’. [Online] Available at: https://www.theguardian. com/artanddesign/2017/nov/14/shepard-fairey-new-exhibition-la-damaged [Accessed: 05/11/18].

Copyrightservice.co.uk. (2018) Uk copyright law:A summary. [Online]Available at: https://www.copyrightservice.co.uk/copyright/uk_law_summary[Accessed: 05/11/18]. Dacs.org. (2018) frequently-asked-questions. [Online]Available at: https://www.dacs.org. uk/knowledge-base/frequently-asked-questions [Accessed: 05/11/18]. Gov.uk. (2018) Intellectual-property-an-overview summary. [Online] Available at: https:// www.gov.uk/intellectual-property-an-overviewsummary[Accessed: 05/11/18].

Shigeo Fukuda Art Director’s Club Global. (1987) Shigeo Fukuda. [Online] Available at: http://adcglobal.org/hall-of-fame/shigeofukuda/ [Accessed 18/10/18]. Cartwright, J. (2012) Posthumously introducing the undisputed king of Japanese graphic design, Shigeo Fukuda. [Online] Available at: https://www.itsnicethat.com/articles/shigeo- fukuda [Accessed 18/10/18]. Design is History. (2018) Shigeo Fukuda. [Online] Available at: http://www.designishistory.com/1960 /shigeo-fukuda/ [Accessed 17/10/18]. Famous Graphic Designers. (2018) Shigeo Fukuda. [Online] Available at:http://www.famousgraphic designers.org/shigeo-fukuda [Accessed 17/10/18]. Heller, S. (2009) Shigeo Fukuda, Graphic Designer, Dies at 76. [Online] Available at: https:// www.nytimes.com/2009/01/20/arts/design/20 fukuda.html [Accessed 18/10/18]. Notes on Design. (2017) Designer Focus: Shigeo Fukuda. [Online] Available at: https://www.sessions.edu/notes-on-design/designer-focus-shigeo-fukuda/ [Accessed 18/10/18].

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Carla Ellis

Gov.uk. (2018) Copyright. [Online]Available at: https://www.gov.uk/topic/intellectualproperty/copyright[Accessed: 05/11/18]. Gov.uk. (2018) Designs. [Online]Available at: https://www.gov.uk/topic/intellectualproperty/designs[Accessed: 05/11/18]. Katie Newman Cartwright, J. (2016) What Every Designer Needs to Know About Copyright Law. [Online] Available at: https://eyeondesign.aiga. org/what-young-designers-need-to-know-about-copyright-law/ [Accessed 18/10/18]. Gov.uk (2018) Design right. [Online] Available at: https://www.gov.uk/design-right [Accessed 18/10/18]. Haskins, J. (2018) How to Copyright a Graphic Design. [Online] Available at: https://www.legalzoom.com/articles/=how-to-copyright-a-graphic-design [Accessed 18/10/18]. UKCS. (2017) Fact Sheet P-01 [Online] Available at: https://www.copy right service.co.uk/copyright/p01_uk_copyright_law [Accessed 18/10/18].

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BIBLIOGRAPHY David Carson

Copyright Law

David Carson, personal web page, Available at http://www.davidcarsondesign.com/

Georgi Levchev

Sheny Wright, April 2018, article, David Carson Biography, Available at: https://inkbotdesign.com/david-carson/

Danielle Prager (2017)A Guide to Online Images Copyright and Fair Use Laws, Available at: https://www.rivaliq.com/blog/guide-copyright-fair-uselaws-online-images/

Shepard Fairey

Ken Kaminesky, (July 2017), Can I Use That Picture?, Available at: https://blog.ken kaminesky.com/2017/07/27/how-to-legally-use copyrighted-images-infographic/

Artnet.com. (2018) Shepard-fairey. [Online]Available at: http://www.artnet.com/artists/shepard-fairey/ [Accessed: 05/11/18]. Obeygiant.com. (2018) Obey Giant - The Art of Shepard Fairey. [Online]Available at: https://obeygiant.com/ [Accessed: 05/11/18]. Streetartbio.com. (2018) About Shepard Fairey. [Online]Available at:http://www.streetartbio.com/shepard-fairey [Accessed: 05/11/18]. Z, Janelle. (2018) Shepard Fairey:’ I’m not going to be intimidated by identity politics’. [Online] Available at: https://www.theguardian. com/artanddesign/2017/nov/14/shepard-fairey-new-exhibition-la-damaged [Accessed: 05/11/18].

Copyrightservice.co.uk. (2018) Uk copyright law:A summary. [Online]Available at: https://www.copyrightservice.co.uk/copyright/uk_law_summary[Accessed: 05/11/18]. Dacs.org. (2018) frequently-asked-questions. [Online]Available at: https://www.dacs.org. uk/knowledge-base/frequently-asked-questions [Accessed: 05/11/18]. Gov.uk. (2018) Intellectual-property-an-overview summary. [Online] Available at: https:// www.gov.uk/intellectual-property-an-overviewsummary[Accessed: 05/11/18].

Shigeo Fukuda Art Director’s Club Global. (1987) Shigeo Fukuda. [Online] Available at: http://adcglobal.org/hall-of-fame/shigeofukuda/ [Accessed 18/10/18]. Cartwright, J. (2012) Posthumously introducing the undisputed king of Japanese graphic design, Shigeo Fukuda. [Online] Available at: https://www.itsnicethat.com/articles/shigeo- fukuda [Accessed 18/10/18]. Design is History. (2018) Shigeo Fukuda. [Online] Available at: http://www.designishistory.com/1960 /shigeo-fukuda/ [Accessed 17/10/18]. Famous Graphic Designers. (2018) Shigeo Fukuda. [Online] Available at:http://www.famousgraphic designers.org/shigeo-fukuda [Accessed 17/10/18]. Heller, S. (2009) Shigeo Fukuda, Graphic Designer, Dies at 76. [Online] Available at: https:// www.nytimes.com/2009/01/20/arts/design/20 fukuda.html [Accessed 18/10/18]. Notes on Design. (2017) Designer Focus: Shigeo Fukuda. [Online] Available at: https://www.sessions.edu/notes-on-design/designer-focus-shigeo-fukuda/ [Accessed 18/10/18].

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Carla Ellis

Gov.uk. (2018) Copyright. [Online]Available at: https://www.gov.uk/topic/intellectualproperty/copyright[Accessed: 05/11/18]. Gov.uk. (2018) Designs. [Online]Available at: https://www.gov.uk/topic/intellectualproperty/designs[Accessed: 05/11/18]. Katie Newman Cartwright, J. (2016) What Every Designer Needs to Know About Copyright Law. [Online] Available at: https://eyeondesign.aiga. org/what-young-designers-need-to-know-about-copyright-law/ [Accessed 18/10/18]. Gov.uk (2018) Design right. [Online] Available at: https://www.gov.uk/design-right [Accessed 18/10/18]. Haskins, J. (2018) How to Copyright a Graphic Design. [Online] Available at: https://www.legalzoom.com/articles/=how-to-copyright-a-graphic-design [Accessed 18/10/18]. UKCS. (2017) Fact Sheet P-01 [Online] Available at: https://www.copy right service.co.uk/copyright/p01_uk_copyright_law [Accessed 18/10/18].

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Š Georgi Levchev, Carla Ellis & Katie Newman, 2018

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