L AU RYN ROBIN SON BT EC L3 EX T ENDED DI P LO M A GR APHI C DESI GN 2017 – 18 U N I T 2 7 | D I G I TA L I M A G E C A P T U R E & E D I T I N G
K /502/5025
CONTENTS DESIGN PROCESSES 3 – 12 NEG DISCRIMINATION 32 - 34 E-BOOK RESEARCH 13 – 16 POS DISCRIMINATION 35 - 37 LEGAL REQUIREMENTS 17 - 21 CASE STUDIES COPYRIGHT ORGANISATIONS 22 - 25 BIBLIOGRAPHY ETHICAL ISSUES 26 - 31
38 - 40 41
Infographic on Design Process This is the infographic I produced that explains the design process in full. Each step is needed in order to have a well made design or product, as they help make sure you have everything you need. First you analyse, which means to explain details and ideas you may want to use. Then you draw up mind maps in order to show visual representations of your ideas. These can branch from small ideas until you have a solid basis to start designing. Then comes the concept; this is the idea behind a final design. You will come up with this through logic and basic thinking based on your initial ideas from the mind map. Now you should start developing your ideas, which is where original concepts are worked on and improved using experimental workshops relevant to the idea. Then you evaluate (explain) the work you have done, followed by finalising on evaluation.
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Design Process of my own projects Unit 34 | Image Manipulation Using Computer Applications | Creating Album Covers 1 & 2. Analyse and Mind Map
For this project we had to create album covers , so we had to analyse songs and their inspirations and research into the artists. My mind map consisted of purposes of songs, why they are made and what they do for people.
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Design Process of my own projects Unit 34 | Image Manipulation Using Computer Applications | Creating Album Covers 3 & 4. Concept and Development
Developing my ideas on what I wanted to use on my album covers consisted of researching artists such as Natsuki Otani and Walrus and Eggman. Scanning in my work and digitally manipulating it he lped to show how I was developing and using workshops to shape my final outcome.
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Design Process of my own projects Unit 34 | Image Manipulation Using Computer Applications | Creating Album Covers 5 & 6. Evaluate and Finalise
Creating my final outcomes based on what I had researched and found out about the band was really enjoyable, as I got to use lots of different me thods for creating textures and effects. I took into consideration all the workshops I took part in during the developme nt stage and used these to s hape my outcomes. One thing I found irritating ,though, was that my illus trations didn’t scan through as well as I wanted them to.
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Design Process of my own projects Unit 53 | 2D Animation Production | Creating Stop Motion Animation 1 & 2. Analyse and Mind Map
For this unit we had to research and analyse different types of animation in order to create our own based on subjects that are being taken from the school curriculum. My group and I created mind maps on methods of animation, ways to create characte rs, sound effects we may use, and other things such as out target audience and what message we were trying to send across. Researching different ways of making animation helped influence our decisions a lot.
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Design Process of my own projects Unit 53 | 2D Animation Production | Creating Stop Motion Animation 3 & 4. Concept and Development
The development process was very illustrative and in depth as we had to create prototypes of out mock up animation, as well as develop backgrounds and scenery. The filming process of the m ock up helped us to see what worked best s o we knew what to use for our final animation. Storyboards we created gave us an idea of what the final animation would look like.
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Design Process of my own projects Unit 53 | 2D Animation Production | Creating Stop Motion Animation 4 & 5. Evaluation and Finalise
Finalising our animation was quite straight forwa rd as we had planned ahead and worked well as a group. Filming the animation went smoothly due to prior tests, although we could have develope d our backgrounds more and made them fit the Star Wars theme more than jus t using one solid back drop and floor.
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Design Process of my own projects Unit 38 & 39 | Mixed Media ImageMaking + Typefaces & Letterforms 1 & 2. Analyse and Mind Map
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Design Process of my own projects Unit 38 & 39 | Mixed Media ImageMaking + Typefaces & Letterforms 3 & 4. Concept and Development
Development for this unit was very experime ntal as I got to use different mediums to produce lette rforms and designs. Making my own font for the bus advert was one of my favourite exercises as I had the free dom to choose whatever objects I wanted.
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Design Process of my own projects Unit 38 & 39 | Mixed Media ImageMaking + Typefaces & Letterforms 5 & 6. Evaluation and Finalise
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E-Books Issuu The first format I looked at that publishes digital content was Issuu. This is an online platform that allows anyone to share their content. It was founded in Copenhagen, Denmark in 2006 by the Hansen Brothers, Mikkel Jensen, and Martin Ferro-Thomsen. By 2013, the page views were up to 8 billion per calendar month. The way this E-Book format works is that each page of the publication is printed onto individual pages, just like it would be if it was a physical copy. You can then click the left or right arrows to flick through the pages, and there are animations that make it look like the pages are actually turning, which is a nice effect. I like this a lot as it feels just like you’re reading a real magazine or book. It’s the closest you’re going to get to a normal publication through the internet.
As well as being able to scroll through like a normal book, you can scroll with the bar at the bottom of the window and select a page that way, as if you were flicking through multiple pages at once in a real book.
(Issuu Logo, 2018)
I like the idea of using this to create my E-Book as it looks very professional and the image quality is high, meaning my final outcome would look well made and you would be able to see all the hard work I put in in great detail. You are also able to zoom all the way to 100% on each page, meaning you can read all information on the page without having to strain your eyes. It is also a free service and you are able to start reading any book as soon as you open the webpage. This form of E-Book is very practical and even though it is the first one I have researched in to, I feel it will be my most favoured of all I will have researched in the end.
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E-Books Open EBooks Open Books is another form of EBook that allows you to read publications in their entirety online. Open Books only exists as a smartphone app and you must make an account in order to view the publications. The company say their main focus is to give children from in-need households the opportunity to read. In order to read these titles, though, you must make an account and receive free codes to download. The actual layout of the books is not the same as Issuu, as you are not able to turn pages and you cannot view the books as they would look if you held a physical copy. All the text is formatted into plain text and all images are removed. This would not be ideal for publications that are heavily image based as the main properties of it would be removed, such as fashion magazines or photoshoot spreads with no text.
Because of imagery not being supported, this style of E-Book would not be ideal for me. As my digital file includes a lot of images to support my research and development, if the images are removed a lot of my findings would become invalid. Also, lack of imagery makes long submissions like this drag on when reading, and everything would feel very heavy as well as take away the visual appeal. I understand that this E-Book format was developed for children, but it would be good to see imagery integrated into the software as children may benefit from images more so than an adult when reading or indeed learning to read. After my findings on this type of EBook, I don’t believe I will be using this to create my final outcome, but it is good to know about if I ever need to publish purely text based projects.
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E-Books Rakuten Kobo Rakuten Kobo is another website that offers the ability to read publications online. This company specialises in novels and story books and doesn’t offer magazines like Issuu does. ‘Kobo’ is a Canadian company who also sell Audiobooks alongside E-Books. It was originally named ‘Shortcovers’ but was renamed due to wanting to be an independent company. As of 2016, Waterstones sold their E-Book business to Kobo and now all Waterstones customers must view their E-Books via Rakuten Kobo. The layout of the books upon reading them is somewhere halfway between the complexity and realness of Issuu, and the basic view of Open Ebooks. On Kobo, you are able to view the books page by page and images are mostly kept in place, but when you turn the pages it is more like going through a slideshow
than flicking through a book. I don’t mind the idea of this as it still functions as a book would, but I am more drawn to the method of flicking pages as I feel it looks more authentic. The one downside of this E-Book company is that you must create an account in order to read any EBooks, and each E-Book must be paid for, with prices ranging from 99p to £8. I feel that me using this format to create my final outcome will be pointless as whoever wants to read it must purchase it, and I want my E-Book to be free. Also, if you are willing to pay that much on an electronic copy of a publication, you may as well go out and buy a physical copy.
(Rakuten Kobo, 2018)
After looking in to it, I have decided that I will not be using this site to create my E-Book. I decided this early on, and Issuu remains my favourite so far.
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E-Books Flipsnack Flipsnack is similar to Issuu in the sense that when you upload your book to the site, it turns it in to a flipping book that looks realistic. Flipsnack helpfully transforms your PDF files into flipping books, and also gives you the opportunity to customise, in order to include more interactivity into you E-Book. You can then choose to publish to the internet or publish privately and then distribute links to people you would like to view it. All of the services I need on this site are free to use, so it is ideal for me as I wouldn’t want my work to have a fee. There is an option to pay for more pages per publication and add features such as extra languages and analytics attached to your publications, but I don’t need these. When uploading and altering your publication, you are able to add hyperlinks and videos. This is exactly
what I need to create my E-Book. It is also helpful that you can upload PDF’s without having to convert them, because when I have finished all my work for the E-Book, I will be saving it as a PDF.
(Flipsnack, 2018)
After researching 4 E-Book creation sites, I have made a decision on what I will go for. I am least drawn to using Rakuten Kobo due to the pricing issue, and I don’t like the appearance of the books due to them being all in plain text. I am going to produce an E-Book on both Issuu and Flipsnack and see which one I like the most. I definitely want the interactivity of the flipping pages to be part of my E-Book as it looks professional and reads like a normal book would. *Edit* After looking at Flipsnack more, you are unable to add more than 15 pages without paying – so I will be using Issuu.
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Legal Requirements Copyright Copyright is the legal right that protects work you have created once it has been published. The UK copyright laws set out the rights of the owner, as well as the responsibilities of other people who may want to use the work to aid them in their creations. The UK has a strong creative sector and because of this the creative industry generates on average £8 million every hour. If you want your work to be protected by these copyright laws, you must prove that it is original and subject to you. For it to be classed as original, it must be the result of your own skill and labour. It should not be a replica of someone else's work such as a drawing or a painting. You must also prove that it is tangible. This means that it can’t be an idea that’s just in your head, It must be down on paper to be copyrighted.
You can copyright your work by just finishing a piece of work. You don’t need to register your work in order for copyright to come into play. The length of time in which the copyright lasts for depends on the type of work you are looking to have copyrighted. For example, if you publish a poem it will be protected for 70 years after it has been released, but if you act in a theatre performance, the copyright will only protect your role in the play for 50 years. The act of copyright prevents people from: • Copying your work • Distributing copies of your work • Lending or renting copies • Playing or showing your work in public • Making an adaptation of your work • And, putting your work on the internet.
(Copyright Logo, 2014)
(Copyright ARR, n.d.)
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Legal Requirements Intellectual Property Intellectual property is something unique that you physically create, so ideas in your head do not count. Having the correct type of intellectual property protection for your creation can decrease the risk of people stealing or copying your inventions, meaning how you products look and the names of your brands. Copyright comes under intellectual property, so some types you automatically get but some you have to put in an application for. You legally own intellectual property if you have created it and it meets the criteria for copyright, bought intellectual rights from the original creator or previous owner, or have a trademarked brand. Intellectual property can also have more than one owner, belong to a business, and be sold or transferred with permission.
There are different types of protection you can get on a product or design depending on what it is. You automatically receive protection through copyright on writing, art, photography, TV, film, music, and sounds, and design right on shapes of objects, but you have to apply for others as previously stated. You can apply for trademarks for things such as product names and logos but this can take up to 4 months. You can also apply for patents on inventions such as machines, tools and medicines; but this can take up to 5 years to go through. Projects that require these types of intellectual property should be kept secret until registered or someone could take it on as their own, meaning you can no longer trademark or patent it. If you do need to discuss, you should consider using a non-disclosure agreement.
to the same thing, using copyright to protect drawings of the product, or patent a new working part of the product.
You can double up on the protection for a single product, such as registering names and logos linked
(NIBusinessInfo, 2015)
(MincoffsSolicitors, n.d)
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Legal Requirements Software Licensing Software licensing is the legal rights that surround digital material. Failure to follow the software license agreements often carry criminal charges that refer back to intellectual property and copyright. Open licenses include software that you can use for free with no charges whatsoever, but users still have to abide by the legalities. Software that you can widely purchase such as Photoshop, are sold with licenses that have no legal basis despite all the legal terms they display.
(Software Licensing info. 2014)
Free or open licenses provide the user with rights similar to the original creator or owner. This means that a user can copy or modify the software. Some other forms of the licensing give access to sell the software. If there is no software licensing agreement then the user is prohibited from using the media under any circumstance. Not using registered and licensed software can not only make you a criminal, but can also give you device many viruses. Disreputable sources can carry harmful viruses when downloaded from the internet. This illegal software may also enable hackers to enter your computers and steal data via Trojans and Spyware embedded in it. There are also risks of fines that can end up being unlimited, depending on what illegal software you are using and how you obtained it. The easy way to avoid all this is to use licensed and registered software that has been bought from a reputable business or company.
Once you have downloaded the licensed software, you must adhere to the guidelines of the software policy and make sure not to breach them. Typical breaches include making and selling illegal copies, allowing others to make or sell illegal copies, and using the legal software on more computers or devices than the license allows.
(ClickAlgo, n.d)
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Legal Requirements Libel
Libel can be personal or trade (also known as product disparagement which can include a product, company, or service). Libelous statements against people or products are published statements that are false. This can also be called slander, but in most places it is in spoken and not written form. Both libel and slander are normally placed under the term defamation. There are three ways of telling if your work is going to defame someone or something; ‘untrue’, ‘damaging’, and ‘knowingly false’.
(Libel, 2016)
(Defamation Political, 2012)
When creating non-fictitious work such as a book, a song, or a movie, they often involve real people in the writing. Because of this, the writer needs to come to terms with the restrictions put in place by law to protect names used in print and on the internet.
If something is untrue, it is automatically defamatory, but if it is even partially true then it has to be dismissed as it is no longer untrue. In court, in order for a damaging claim to go through the statement must have caused real harm to a person or business. Evidence must also be shown. Lastly, if something is claimed to be knowingly false, it must be proven that the defendant knew the statement was untrue but still broadcasted it to the internet. From this, we understand that the best way to avoid being charged for libel is to only write truth or what can be shown as truth.
(Word Art Libel, 2014)
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Legal Requirements Invasion of Privacy An invasion of privacy occurs when someone intrudes on something of yours that you would more appreciate being left alone and unheard of. There are four main claims of invasion of privacy and each case falls under at least one category. These categories are: • Intrusion of Solitude • Appropriation of Name or Likeness • Public Disclosure of Private Facts, • And, False Light. Intrusion of Solitude is labelled as highly offensive to a normal person. If a person is intruding solitude, they are more commonly referred to as a ‘Peeping Tom’, but these people can also be risking intrusion of solitude by illegally intercepting private phone conversations and looking through private records. Taking photos of the public doesn’t count but if a long range camera is used to
purposely look into someone’s dwelling then it is classed as intrusion of solitude. Appropriation of Name or Likeness can be given in court if an individual or business uses the plaintiffs name or likeness for their own benefit without permission. This would give the plaintiff rights to claim for damages. This could be use of a celebrity’s name in adverts or for other promotional activities. This is classed as invasion of privacy because you are taking someone’s private rights and using them for your good and no one else’s. Public Disclosure of Public Facts must be challenged against the freedom of speech before anyone can be charged for it. Telling the truth of disclosed information (not libel or slander) cannot be used as a defense if challenged in court. Releasing true information that isn’t of public concern yet someone takes offence is punishable by damages.
Claiming False Light is similar to claiming defamation (libel) as you can sue people or companies for disclosing information to the public that is misleading but not completely untrue. Invasion of Privacy could come into play in Graphic Design as someone may use a name of someone or an image of someone with a high profile in their artwork, without permission. This would then have them in a position where if the person in question found out about it, they could sue the designer for Appropriation of Name (and/or Likeness). Even if the image had been heavily manipulated and edited, it wouldn’t change the fact that there was still an original image used without permission.
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Copyright Organisations Creative Commons
(CC Twitter Logo, n.d.)
Creative Commons is an organization that helps artists and designers to legally share work they have created with the world in an easily accessible way. They can help you obtain a free copyright license for your projects which then enables the public to share and use your work based on criteria and terms you have set in place. Creative Commons are based all over the globe, and has around 500 researchers, volunteers, and legal advocates who work in 85 countries, all to help us designers and artists. The company does not work alongside the government as they want everything to be done by the people who work hard for it, meaning they closely converse with education institutions such as universities, and public agencies to help battle current copyright and intellectual property issues.
(Creative Commons, 2006)
They also closely work with brands and big companies that lead the world in content creation and knowledge sharing. Billions of pieces of work have been shared through these sites since the creation of them all. Some names include Flickr, YouTube, Vimeo, Bandcamp, and Wikipedia. Although the name suggests different, Creative Commons do not just work to help the directly creative industries, e.g. Art and Culture. They actually help a lot in the fields of Education, Legal, Science, Technology, Policies, and Open Data. This collective is great for designers like myself as it means we can safely share our work with the public and people we love without the fear it is going to be taken from our hands for good.
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Copyright Organisations Copyright Licensing Agency The Copyright Licensing Agency (CLA) work with the Visual Arts categories (Art & Design, Graphic Design, Photography, Illustration etc.). They help people who fall into these categories learn about how and when your pieces of work are copied or reproduced, and also show you how to ensure you are eligible for payments through royalty usage. They state that when you join their group for copyright licenses, the rights to your images or pieces of work will be included in their licenses sold to other businesses and companies, educational buildings and organisations that are part of the public sector. This work is then able to be used by the companies that hold licenses, but only in publications. Money from these license fees are then paid directly to the visual artist from the CMOs.
(Cla.co.uk, n.d.)
In more detail, the copying licenses that are given out are sold to organisations in the sectors I previously mentioned, (educational institutes, businesses, etc.). A team of royalty researchers view data samples to see what work has been copied by the company who bought the license, and then the organisations submit back to them what they copied, whether that be through email or on paper. This data is then run through the database to match it to published works of visual artists, then the royalties are divided between the main artist, the publisher, and the authors (if any).
are paid for it. This is important as a lot of people will take work as and when they need it and not worry about credit or payment, so copyright licenses are definitely needed to keep your work safe.
This system works well as it ensures all work visual artists complete and allow to be used get their credit and
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(DACS, 2016)
Copyright Organisations Design and Artists Copyright Society This organisation was created by artists for artists, and is a non profit aid to help visual artists’ keep their rights when their work is being held by copyright. Since they first established themselves in 1984, they have helped artists claim back over £100 million in royalties, which then goes on to help these artists sustain their practices and supports their living. This is great for Graphic Designers and people with similar job roles as it gives them a platform to stand on and claim back their rightfully owed money, to which they can use to better their businesses and support themselves financially.
This system is really well thought out as it gives artists and designers their money back, but only if it can be proven which means only the rightfully deserving people are able to claim the money from the CLA.
(Society, n.d.)
The way you get yourself in line to receive these lost royalties back is through the DACS website. On the website, there is an option to apply for Payback, which is their system of listing people who are owed money through things such as their work
being featured in a magazine or on the television. Once you have signed up and proven you are eligible for the Payback scheme by submitting evidence that your work has been illegally published in the UK, you are put on the list. This list collates everyone who is in line to get money
back. DACS work closely with the Copyright License Agency (CLA) that I previously spoke about, as they are heavily focused on the visual artists. The amount of money DACS receive from the CLA depends on how many claimants they get apply for Payback and how often their work has been published as a whole. All money owed is paid to the artists in the Autumn the year they applied, and a small percentage is removed to cover DACS administration costs.
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Copyright Organisations NLA Media Access The NLA Media Access (usually shortened to just NLA) is a society that stands for UK newspapers and publications. It takes on collective management rights on behalf of its members to help them out with copyright issues. The NLA was originally formed in 1996 by 8 UK National newspapers who are all shareholders. All papers included are: • Associated Newspapers • Financial Times • Guardian Media Group • Independent News & Media • Northern and Shell • News International • Daily Telegraph • And, Trinity Mirror. Over £22 million is given to national and regional newspapers on grounds of copyright works. 1000m copies of newspaper clippings were licensed by the NLA in 2009 from over 8300
(NLA Supporting Journalism Logo, n.d.)
licensees. These clippings would have been placed onto eClips, which is an online database full of newspaper clippings and cuttings. It was published in 2006 by the NLA, shortly followed by ClipSearch in 2008. This modified version enabled members of the public to search for old and new newspaper articles from as soon as 72 hours after an article had been published. A school version was created in 2009 to allow students to access newspaper articles in order to support their studies. This not only helped the students continue with their studies and allow them to complete tasks, but it gave journalists the opportunity to spread their work for the greater good and be rewarded.
(20/20 NLA, n.d.)
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Ethical Issues Race Race is a very deep issue in the world of Graphic Design. There are bot many minorities represented well in the design industry, and this has a huge negative impact. If there was more diversity in advertising and marketing campaigns it would be more beneficial as everyone would feel represented and would then be more likely to invest in certain brands and businesses. It is important for a Graphic Designer to take race into consideration when creating any piece of work, whether it be for personal use or for a big brands advertisement campaign. No designer wants to be viewed as racist because they simply did not bother making sure their work was fully inclusive of everyone. By being ignorant to this, it starts up a stereotypical view of certain people, which then comes back round to racism. All races should be represented in a positive light.
The role of a Graphic Designer is becoming more and more important as the world progresses, due to the fact that some sort of graphic work is visible in most places, think billboards and shop fronts. Because this role is becoming more prevalent, it is extremely important that every race is represented through the work, whether that be through slogans, logos, or imagery. There are many Graphic Designers who are working to eliminate racism from the graphic design community by producing pieces that are inclusive and spread a positive message. There are also companies doing the same, a main one being AIGA. The American Institute of Graphic Arts (AIGA) work to highlight racism issues in Graphic Design, whether that be content creation or the actual percentages of different races involved in Graphic Design. They speak about how we can change this and also call out companies who are being racist.
Racism has always been a problem in our society and has since affected Graphic Design, in terms of what is being produced and how people are viewing it. In the 1920’s, the separation of black and white people was very serious. A Fairy Soap advert displayed this with a tagline of “Why doesn’t your mama wash you with Fairy Soap?”. In the 1930’s, slavery was often used in adverts. An advert for rum was created and it depicted an African-American being used as a slave to serve people drinks. Although these may have been created almost 100 years ago, not much has changed and you will see this when I discuss negative discrimination.
(AIGA Logo, n.d.)
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Ethical Issues Confidentiality Client confidentiality and intellectual property rights should always be respected. If someone comes to you requiring your design services, you should always make sure everything is by the books. If someone confides an idea or concept into you, you must be very careful not to disclose anything with any other individual as there is always an element of client confidentiality involved. The last thing you would want as a designer is for your business to come crumbling down all because you breached the boundaries of client confidentiality, especially if it is involving a big scale brand. You should always be well aware of many things when entering a client agreement on a project, just to ensure that everything you are both doing is beneficial and nothing is being leaked that should be best kept a secret for the time being.
It should be made clear who has access to: • Companies you have previously worked with • Companies you currently work for • Companies you have plans to work with in the future • Types of projects you are involved with • Design processes, including sketches, mock ups, and completed projects If you keep an eye on these, your work should be protected.
If you have entered a contract with someone to create graphics work for them, you should be careful about what is posted on social media, especially if there is large emphasis on client and project confidentiality. You should never mention clients or notable characteristics unless it has been discussed and allowed. Permission should also be asked if you are looking to post work you’ve done for a client onto the internet, whether it be for your online portfolio or on a social media site such as Twitter or Facebook.
(Sherwin and →, 2011)
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Ethical Issues Sexuality
(Business Insider, 2016)
Making sure your work isn’t sexist is very important, as that kind of discrimination is one of the most talked about of all in current times. There are many adverts that feature openly sexist comments and slogans, such as older adverts featuring men speaking about their wives doing everything in the household. One of the most widely known companies who are recognised for their sexist slogan is Nestle with their Yorkie chocolate bar. The famous tagline “It’s not for girls” has been used since 2002 along with “King size not queen size”, and “Not available in pink”. The chocolate bar has been targeted at men ever since it was first created, and it gives Nestle a very bad name as all they are known for is the sexist chocolate bar. In 2012, the slogan was changed to “Man fuel for man stuff ”, which is still no improvement from the original and is much worse.
An argument from Nestle that was used to defend themselves from any sexist allegations made was that “most men feel that the world is changing around them and it has become more difficult to have anything that is only for men”. I don’t believe that there is any excuse for this behavior, especially from a Graphic Design point of view. When mapping ideas for an advertisement or even a new product, you should make sure you avoid any racism, sexism, and offence to religion – all work should be inclusive. By using the ’no women’ symbol on the packaging for the chocolate and using the slogans that they did, Nestle would have lost themselves a lot of customers, especially females and feminists. This was a bad direction for them to take as they heavily miscalculated how the public would interpret their idea. No-one wants their company or business to begin plummeting due to bad judgements and sexist slogans, there is no need for sexism.
(SexismGD, n.d.)
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(BuzzFeed Community, 2012)
Ethical Issues Religion Advertisers and Graphic Designers sometimes use religion or religious themes in their campaigns and projects. Certain religious holidays such as Easter and Ramadan should be respected and designers should take extra care to not cause offence with their work. Advertisers should avoid using images relative to a certain faith if the advert is promoting something that the faith doesn’t agree with or isn’t allowed to do, such as gambling or drinking alcohol. This could come across to the people in question as a mockery, and would cause offence.
This advert was created by a company called Antonio Fedirici. They produce ice-cream and for this particular advert, they decided to compare the ice-cream to something ‘God-like’, implying that it is so good it’s almost sinful. The pregnant nun in the advert is said to be carrying a baby similar to baby Jesus. Some may see this as a mockery of religion, whereas others may see the comedic values of it. The tagline,
‘immaculately conceived’, paired with the implication that the icecream is ‘God-like’ could be viewed as insensitive. Mocking the birth of a highly respectable figure such as Jesus is something Christian people would take very seriously, leaving this advert in a bad position. Overall, I think designers and advertisers should work more carefully and make sure to not cause offence. Losing business over ignorance or personal views is a ill thought out tragedy. If you can’t include everyone in your target audience, then you should try to rethink how to approach the challenge in order to make it inclusive and whole.
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Ethical Issues Equal Opportunities Equal opportunities in the workplace are important as everyone should be able to reach the same end goal, regardless of their gender, race, or sexuality. Equal opportunities in Graphic Design are especially important as everyone should feel represented, and to do this there needs to be every kind of person in a team. Diversity in a team or group helps to make all work and advertisements they may create inclusive. If you want people from minority groups to support you and your work, you must work for them to help them feel represented, and in turn make everyone on your team feel represented. Graphic Design in particular is a hard industry to enter due to the fact that it is a huge expense – if you don’t have the correct software and tools for your work then you may be forced to take another career path.
(Equal ops, n.d.)
Equal opportunities in this case would be ensuring that all people who wish to enter the design field are able to get the necessary items they need to succeed. In terms of the big wide world, we as designers are responsible for making an impact on people’s lives with our work. We design social media, dating apps, online forms - all of which ask people how they want to be seen by others, so it’s important we work
with them to make this possible. If someone who is viewed as unequal by more powerful figures feels unrepresented by our work as designers, it is up to us to correct it and make everyone feel equal. We also need to work on making the design employees equal, as AIGA reports that 86% of professional designers are Caucasian – so minorities are underrepresented, what sort of message does this show the public and other workplaces?
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Ethical Issues Representation
(Diversity Gap, 2015)
When first coming up with the idea for a design, diversity and representation should be at the forefront of your mind – always. What would be the point in limiting who would appreciate your work and leaving certain individuals feel excluded? Any loss in views and support for your work can be easily avoided if more time was taken to
(Stand out, n.d.)
Designing should be done with representation and diversity in mind. If you are self aware and also aware of the ever changing society around you, you are more likely to understand social identities there are. Prioritising your clients and your audiences perspectives will help you
out a lot. It is important to understand that people who come from underrepresented communities or groups have most probably never had a voice to speak up for them, so as a designer, giving them a good design for what they want could mean a whole lot more to them than what becomes apparent at the start. Graphic Designers and any other designer part of the visual arts community provide a service to the public, so understanding cultures is a good skill to have. It will help you give the best image of you and your work that you could possibly give to someone who isn’t represented well.
think about include everyone. Even using people from minority groups or certain underrepresented religions to showcase in your work through photography is a step forward, and the time should be taken to make them feel included and not pushed away. Encouraging inclusivity in the design world is a step forward to everyone working alongside each other rather than there being a system of hierarchy in the society we know today.
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(Nivea Middle East, 2017)
Negative Discrimination
This advert displays negative discrimination as it touches on racism. Nivea released an advert for their deodorant stating that ‘White is Purity’. Many people took to social media to voice their opinions on the racist advert, with one person saying that “racism isn’t a good marketing tactic” Nivea stated that this particular advert was aimed at their audience in the
middle east, where skin tones are lighter. Another post following the advert on Nivea’s Facebook page said “Keep it clean, keep it bright. Don’t let anything ruin it.” Both posts were deleted at the same time.
as many people realised it was misleading. “Diversity and equal opportunities are crucial values of Nivea as the brand represents this and tolerance” is a quote from the official statement made after the incident.
Alongside this, alt-right users of Facebook and Twitter started trolling the Nivea account with comments featuring images of hate figures such as Hitler and Pepe the Frog. One person went on to say “#Nivea: the official moisturiser and anti-perspirant of the #AltRight”. All of the top liked comments on the original Facebook post were these troll comments.
I believe this advert is racist to an extent as the connotations that surround the main focus of the advert (White is Purity phrase) are negative and don’t seem race inclusive. There are better choices of words that Nivea could have chosen to diminish the chance of this racism scandal to happen. I also believe that Nivea stating the advert was meant for a Middle Eastern audience is a cop-out and an attempt to save themselves as many people who identify as Middle Eastern have an olive skin tone. I do think the advert would have been worse if the model shown was facing towards the front and was white as this would definitely point to racism straight away.
A spokesperson for Nivea said that there have been concerns about ethnic discrimination surrounding the post made to Facebook and that the brand and all staff are deeply sorry to anyone who may have taken offence to this specific post. The advert was immediately deleted
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Negative Discrimination This advert displays sexism towards women as it suggests that women should do everything for men, mainly their husbands. “Show her it’s a man’s world” shows that the creator of this advert believes men are in complete control and women should do as they say. Although this advert is from the 1950’s, it is still relevant now because the ideology of men being superior to women still exists to some extent. There is more awareness towards women being equal to men, but sexism towards women definitely still exists. The image that is featured in the advert shows a women on her knees giving breakfast in bed to her assumed husband, whilst he lays back and accepts it. As this advert is for a company who make ties, it doesn’t relate at all and adds unnecessary elements of sexism to the advert as a whole.
In the text towards the bottom of the advert, it says “man-talking, power-packed patterns that tell her it’s a mans world”. The fact that a pattern on a tie is somehow overpowering a female is very sexist and discriminative in a way that shouldn’t exist. The company who are responsible for this advert would not be able to make a comment on where it stands in todays society as it has been 67 years since it was published, and the original creator probably isn’t around anymore. Their ideologies most probably wouldn’t have changed either as many people who believe this sort of attitude is acceptable stay in the same mindset.
(Van Heusen, 1951)
I don’t think it is acceptable for this kind of advertisement to be published as it it demeaning to women, but it is considerably old and the standings of gender and the glass ceiling were very different then to what they are now.
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This advert shows negative discrimination due to the fact that it suggests hearing aids are ugly. This wording would make individuals who use hearing aids that are visible feel low as a company have openly stated that they believe hearing aids are ugly. This could contribute to low self esteem and decreased self acceptance in users of said hearing aids. The imagery used to depict a hearing aid is also unappreciated by the deaf community as it shows a prawn in its place. The company who released the advert, Victorian Hearing, publicly apologised after multiple people expressed their anger on their Facebook page. One person said “I don’t really love my hearing aids, but I accept that with the severity of my hearing loss, I’m stuck with them. To see them referred to as ugly though, that’s just really unhelpful”. The ad was then removed from social media and across transport.
(Victorian Hearing, 2018)
Negative Discrimination
Another individual stated that mocking someone's disability or encouraging the public to do so is not acceptable. Victorian Hearing went on to defend their campaign, even though it had since been deleted. They stated that “the aim of the advert was to inform and educate adults in the process of considering hearing aid options or finding a replacement for outdated devices by using an invisible hearing aid”. The debacle ended in the companies board saying that using the word ugly to describe a product used by people with hearing difficulties does in fact incite ridicule and contempt and therefore goes on to create distress and cause offence. Victorian Hearing once again apologised unreservedly for offence caused yet still stood by the advert by its intent to raise awareness of an alternative product.
I believe that this advert is very distasteful and better word and imagery choices could’ve been made. The advert loses all sense of empowerment through the bad choices of content and it has evidently not displayed the message the creators were hoping it would.
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Positive Discrimination Positive discrimination is challenging the views of discriminatory adverts or ideas. They basically support the people who are usually at the forefront of discrimination from businesses through advertising. The first advert I found was this one from UN Women (aka United Nations Entity for Gender Equality). They created very powerful designs of Google autocomplete displaying the results when ‘women shouldn’t’ is typed in. Paired with the tagline, “women shouldn’t suffer from discrimination anymore”, it becomes an empowering message to the world that women should be treated as equal to men. The way the mouths are covered would at first come across like a discriminatory advert towards women, but upon reading you are able to see the true meaning. This is a clever way to go about this issue. (Your World is a Glass Page, 2013)
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These adverts were created by a student from Miami Ad School, named Carolina Latorraca. She designed these adverts to show that just because you aren’t part of the LGBT community doesn’t mean that you can label people who are with bad words. The simple message is that people from the LGBT community are the same as everyone else, they are human and should be treated the same as everyone else. She chose to photograph body parts of people who identify as lesbian, gay, and transgender, and gave them labels that said they are all 100% human.
These adverts send a positive message to everyone who reads them, and would hopefully make people who consider themselves part of the LGBT community feel more accepted and like they are appreciated for who they really are. It also sends a good message that young people are understanding and accepting of who people are, which could in turn help the older generations become more aware.
I think that these adverts are some of the most powerful I have seen on the subject of LGBT, and they are so simple upon first viewing but have a deeper meaning which is a very effective way of advertising. I am also a fan of the design and the photography involved, as the darkness of the whole image makes the label stand out more.
(Graphis.com, 2018)
This is a really good approach to standing up to discrimination against people who aren’t heterosexual as it boldly states that the LGBT community are still people, the same as everyone else. It is especially powerful as they were all made by a young person.
(Graphis.com, 2018)
Positive Discrimination
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Positive Discrimination The next advert I found was from commission for racial equality. They produced a series of 3 advertisements to challenge racism and to raise awareness of racial prejudice, but with a humorous British tone. One poster shows a boy of Asian descent with the caption “No one respects me”, followed by the small print that states he supports the football team, Arsenal. A second poster shows the face of an Afro-Caribbean man alongside the words “Scared? You should be – he’s a dentist”. The final poster in the trio shows a picture of an Indian woman next to the words “Improve your English. Perhaps this head teacher could help”. All of these draw you in with what appears to be a racist comment, but then we see the words that follow and come to know that it is in fact a campaign to combat these racist stereotypes. (The Independent, 1998)
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Case Study Graham vs. Prince The Donald Graham v Richard Prince case was based on the takings of a photograph captured by Graham, which was then used as part of an exhibition created by Prince for commercial purposes. Graham argued that the image of his that was used in the exhibition was a breach of the law as it was copyrighted to him, and that using it for Prince’s profit was unacceptable. Prince argued that his use of Graham’s photograph was fair as he clearly showed the original post with usernames and tags attached in the screenshot he used in his exhibition, meaning that credit was given. The whole case was heavily focused on the copyright laws and how they came into play in defending the actions of both Graham and Prince. The prosecution side of the case stated that Prince could not claim fair use as he did not use the image for parody,
commentary, or criticism. They also said that Prince cannot save himself by stating he cropped the image used as cropping the image doesn’t change the ownership rights and the image was used for nothing other than gaining money. Prince defended himself by saying that he did not intend to make a profit from these images, he only did it to showcase diversity in the world.
(Clark, 2018)
Instagram’s terms of use state that they ”do not claim ownership of any content that you post on or through the service”, meaning that Graham still fully legally owned the rights to his photograph even though Prince posted it to his own Instagram account, therefore breaching copyright laws. I believe that what Prince did was wrong as he did not create any content himself, he stole it from hardworking individuals such as Graham in order to better himself financially – even if he won’t admit to this.
(Clark, 2018)
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Case Study Shepard Fairey vs. The Associated Press This case was between street artist Shepard Fairey and The Associated Press over the Obama ‘Hope’ campaign for his run for President. Fairey sued The Associated Press in 2009 as they accused him of copyright infringement due to him using a photo of their companies in his artwork. Fairey stated that he “did not appropriate any copyrightable material” and that his use of the image fell under the fair use act. This however crumbled a few years later as Fairey claimed he had used one photo, but actually used another. He did admit that he was wrong, but before that tried to hide the error he had made by destroying evidence and manufacturing others, when he was initially questioned. Fairey was then sentenced to 2 years probation, 300 hours of community service, and a fine of $25,000.
It was Mannie Garcia’s photo the campaign artwork was based on, as discovered by Tom Gralish. After all the discussions and court cases Fairey and The Associated Press went through, Garcia came out and said that he was “so proud of the photograph and that Fairey did what he did artistically with it”, but he did not “condone people taking things, just because they can, off the internet”. After the sentence and prosecutions had been given to Fairey, it was announced in a Press release that The Associated Press and Fairey had “agreed to work together going forward with the Hope image and share the rights to make the posters and merchandise bearing the Hope image and to collaborate on a series of images that Fairey will create based on AP photographs. The parties have agreed to additional financial terms that will remain confidential”. The fine Fairey was given was upped to $30,000.
(Obama Hope, 2009)
(Shepard Fairey, 2012)
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Case Study H&M vs. Jason Williams H&M were under fire for supposedly stealing artwork from street artist Revok (aka Jason Williams) for use in their advertising campaign. Williams stated that one of his murals made an appearance in an advert for the shops new range of workout clothes. Williams sent a letter to H&M stating that what they did was copyright infringement due to the “unauthorised use of his original artwork”. He also mentioned that he doesn’t want his supporters thinking that there is a partnership between him and H&M. H&M responded to this by filing its own lawsuit against Williams, in which they asked the court to declare that Williams had no right to call copyright as his mural was created illegally due to it being grafitti, meaning it didn’t technically belong to him at all.
The brand stated that the rights to copyright protection on your work doesn’t extend to illegally created works. When social media and the press got hold of this story, several artists began revolting against the retailer, with one artist drawing a gravestone that featured the words “R.I.P H&M” on Instagram. It it hard to understand why H&M went to such great lengths to sue a man for his own creation, and why they made no apology. Instead of praising artists for new creations and inspirations, they stole and didn’t respect the creative recognition the artist deserves.
(Revok Mural, 2018)
(Anon, 2018)
Many artists spoke out about the incident once it became public news, in which H&M decided to respond to. They said in a statement; “H&M respect the creativity and uniqueness of artists, no matter the medium.” and “It was never our intention to set a precedent concerning public art or to influence the debate on the legality of street art”. This was followed by them withdrawing their complaint filed in court and conversed with Williams on what the next steps would be.
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Evaluation In this unit, I looked at the legal side of Graphic Design and how designers help communities that don’t necessarily have a voice, such as minorities. We also looked at design processes in more detail and why it is important for designers to use. First off, researching into legal requirements made me realise how little I knew about copyright and other legal issues. I didn’t know that there are many things copyright covers such as lending copies of work to other people without the creators permission. It also showed me the importance of referencing and citing my resources and findings in my work, as anything could unexpectedly be called out for copyright. I also had no idea what intellectual property or libel was, so researching these gave me a lot of information that I will need to be aware of if I decide to fully fledge a career in Graphic Design, Advertising, or any creative field.
I also researched into copyright organisations – these are groups that help designers or any individual or team in the visual arts field protect work they’ve made. One thing I didn’t know was how closely Creative Commons had worked with big name websites and brands such as YouTube and Flickr. It’s great that these are recognised and appreciated in the way they are. The copyright organisation DACS also award creative designers back any money they have lost through people stealing their work, and help them further protect their work with copyright laws. Ethical issues such as making sure everyone is represented fairly, abolishing racism from advertising and design, supporting peoples sexualities, and giving everyone an equal opportunity are also things I didn’t realise need as much thought as they do. I knew they were definitely needed, but I wasn’t aware of how much influence we as
we as designers actually had on society. Looking at discrimination in a positive and negative light really made me think about how much more negative behavior there is in advertising than there is positive. It also made me think that we need to work harder to make negative discrimination a thing no longer. Overall, I am happy with this unit as I have researched in depth into many areas of legal issues, and have learnt a lot more than I thought I was going to. Making an E-Book was enjoyable too as I got to develop layout ideas and think about presentation which is something I take a big interest in.
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