Graphic Design Clinic - Finding Images Online


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  • Even though you have copyright ownership as soon as you create your work, under U.S. law you have no rights to enforce your copyright until you register. Generally you must have filed for copyright registration before the infringement occurs in order to have the full scope of copyright protection (the exception is if you filed within three months of the first publication of your work; in that case, you have full protection even if the infringement occurs earlier). 
  • This is an illustration by Modern Dog, a design company in Seattle, Washington. The illustration was created as end papers for a book that showcases their work.
  • This is a T-shirt that was created by Disney. When Modern Dog became aware of the T-shirt design after it appeared in Target as well as aired on the Showtime series Shameless several times, they contacted Disney to alert them of the copyright infringement. Disney denied that it was copyright infringement, insisting it was a unique design.
  • Modern Dog is suing Disney and Target, claiming they stole their artwork, printed it on t-shirts and sold it without their permission. They’ve been forced to sell their office space as well as liquify other assets to try and raise money for their legal battle. After close to two years of legal battles, the defendants still claim the artwork originated with them. Modern Dog has another court date this Sept.
  • being said, fair use may protect some fan creations from being an infringement, but that is handled on a case-by-case basis, looking at the facts of the actual work. However, most fan creations, by their very nature, don’t parody or criticize the source material, which would provide a great deal of protection, nor are they highly transformative, meaning that they are less likely to win in the even that such a suit takes place.
  • What does it look like
  • Images may not be high resolution and may not get good quality
  • This past Spring the artist Richard Prince made history when the court ruling against him for copyright infringement against him was overturned. The image on the left is a photograph by french Photographer Patrick Cariou from his book, “Yes, Rasta”, the image on the right the work of art by Prince for his “Canal Zone” series, shown at the Gagosian gallery in NY. In 2009 Cariou filed a copyright suit against Prince for copyright infringement. In 2011 Prince lost the case and was ordered to destroy all remaining catalogs and paintings from the series, any collectors who had bought the paintings would be informed it would illegal for them to show the work. Prince and Gagoisan gallery appealed the decision and won. 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.
  • Get new image – this one is old
  • These two images are of the same model, the one on the left is grossly distorted. While it is an example of photoshop at its worst, it also raises questions of what photo manipulation and its use in advertising does to a woman’s self-image by creating unrealistic ideals.
  • These two magazine covers appeared in the same week in June 1994, This digitally altered photograph of OJ Simpson on the left appeared on the cover of Time magazine shortly after Simpson’s arrest for murder. The original mug-shot that appeared, unaltered, on the cover of Newsweek on the right. Time magazine was subsequently accused of manipulating the photograph to make Simpson appear “darker” and “menacing”.
  • This is an Image that has been circulating widely on the internet in the US in response to the Trayvon Martin case when George Zimmerman was found not guilty. Zimmerman shot an unarmed 17 year old Travyon Martin last year when he was walking home from a 7-11 in a gated community in Florida because he said he felt threatened, Martin was wearing a hoodie the night he was killed. Graphic Designer Nikkolas Smith created this image using a hoodie and an image of Martin Luther King Jr. It has become an iconic symbol for those who that feel justice was not served.
  • Graphic Design Clinic - Finding Images Online

    1. 1. Agenda • • • • • • • • Copyright Public Domain Fair Use Appropriation Image Usage Rights Crowdsourcing Photo Manipulation Resources
    2. 2. Copyright
    3. 3. THE COPYRIGHT ACT Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship.” Protection is available to both published and unpublished works. Copyright defines who owns the work. Work must be original and creative to be copyrightable.
    4. 4. HOW TO CLAIM IT With the Copyright Act of 1976, copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time.
    5. 5. WHAT WORKS ARE PROTECTED 1) 2) 3) 4) 5) 6) 7) 8) literary works musical works, including any accompanying words dramatic works, including any accompanying music pantomimes and choreographic works pictorial, graphic, and sculptural works motion pictures and other audiovisual works sound recordings architectural works
    6. 6. HOW TO REGISTER IT • •Costs range from $35 and up with a range of options: -Electronic $35 - Paper $65 - Pre-registration $115 - More options on site
    7. 7. Illustration by Modern Dog, a design company in Seattle, Washington
    8. 8. T-shirt by Disney, sold at Target
    9. 9. Harry Potter fan art
    10. 10. Google Advanced Image Search
    11. 11. Creative Commons
    12. 12. Attribution
    13. 13. Attribution Photo by Altemark on Flickr
    14. 14. Stock Photography Sites
    15. 15. Public Domain
    16. 16. Public domain images are creative or original works not protected under intellectual property laws. Images whose copyrights have expired, or were never copyrighted. The work is now owned by the public. Once an image enters the public domain, anyone can copy, manipulate, distribute, display or simply use it anyway he wants without legal encumbrances.
    17. 17.
    18. 18. Fair Use
    19. 19. The doctrine of fair use has developed through a substantial number of court decisions over the years. The various purposes for which the reproduction of a particular work may be considered fair could include criticism, comment, news reporting, teaching, scholarship, and research. The distinction between fair use and infringement may be unclear and not easily defined. Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work. The safest course is always to get permission from the copyright owner before using copyrighted material.
    20. 20. Image on left by Shepard Fairey, image on right original photograph by AP photographer Manny Garcia
    21. 21. Appropriation
    22. 22. On left: Poster design for Swiss National Trust Office by Herb Matter, on right: Swatch ad designed by Paula Scher 50 years later for the Swiss watch company.
    23. 23. Image on left by Patrick Cariou from his book, “Yes, Rasta.” Image on right by Richard Prince from “Canal one” series
    24. 24. Image Usage Rights • • • • Contract for Services Directly Rights Managed Royalty Free Photo Releases
    25. 25. Crowdsourcing
    26. 26. Inside Out: Newburgh, part of global project by the artist JR
    27. 27. Photo Manipulation
    28. 28. Same model, differing degrees of Photoshopping on printed ads, Oct. 2009
    29. 29. Comparison of Magazine Covers, June 1994
    30. 30. Image created by Nikkolas Smith
    31. 31. Best Practices • Know your source • Use credible options • Ask permission • Give credit where credit is due • Work with integrity
    32. 32. Resources Eileen MacAvery,