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Are You Stealing or Just Doing Your Job?
Mike Lenhart
We see everyday how ethics come into play in big business and politics. Usually there seems to be none, but ethics do exist just the same. Of course, there are personal ethics that most of us have as well, and those are a personal choice. But, what about those grey areas of design ethics? How do we make sure we’re practicing ethical standards in our design and deliverables in this non-defined area? Well, here are some of my thoughts.
I’ll Just Borrow That
How many of us have used typefaces from a fellow-student or colleague? How many of us have screen-grabbed an image off the Web that we want to use, with some Photoshop tweaks, of course, that will fit just perfectly in a design project? Hmmm. We need to remember that there are licenses for typeface usage and royalty-free and rights-managed images. Public domain images are fine to use, in my view. But I think it’s always good to come up with original ideas just the same. By the way, royalty-free are those images for purchase that are to be used by you for that one campaign for according to what the license is for usage while rights-managed ones are those that are to be used for massive, usually large institutional production. The fees are charge based on how many times the same image is used. We usually get royalty-free images at my firm. Software has usage licenses too for the number of computer stations in which that new CS4 upgrade is being installed. I know softare is expensive, but try to adhere to the licensing agreements. Remember, while you’re still in school, you have the right to ge the Educational Version of software, which is way cheaper. You’re just not supposed to use it after you graduate and are out making income.
Then There’re Those Clients To Deal With
What are our ethics when it comes to clients? In particular, how do we, or do we, charge what we agree to charge clients and based on the real time spent on things? How many of us have padded the hours a bit, just to compensate for that ambiguous time, spent on “researching” or minor changes to a final piece? Don’t get me wrong, our time is worth being paid, just like attorneys, but we need to try to be as close to actual time spent as we can. Also, remember that contracts are contracts and if you have in place an effective one that the client just doesn’t want to follow, you have the right to mention it and let them know that the terms of a particular contract are there for a reason. Of course, it’s an “it depends” situation, but try to stick to your guns. This also keeps the client ethical and reinforces our legitimate place in the world.
I Did That!
And, lastly, what about taking credit where credit is due, and not when it’s not? What I’m referring to is when you “borrow” a fellow designers design or idea and call it your own? I’m not saying we all do this, but sometimes we feel that it’s ours when it’s really been done before. This could be from a concept to an illustration that you didn’t even do, but still take the credit, or payment, for it. It just can cause bad blood, not to mention bad karma.
Ethics are good for us. If not only for whom we’re working but also for ourselves. We all know when we just don’t feel right inside if we’ve fudged on some aspect of our work. Working on our personal and professional ethics can keep our consciences relatively clear and help us move on to the next task in a fresh way. Your conscience may be a little foggy from the night before when having one too many drinks with your colleagues after work, but that’s a different sort of thing.

oceanawakes
9 days ago
4 comments
Regarding last post of mine, the design my employer wanted was a simple button link. I think when an artist wants to keep their job with an employer and they are told to recreate a design, it is the job of the artist to offer up an alternate design choice and if the employer wants you to recreate the designit is important to remind the employer in the most humble of voices of copyright rules and regulations. When a fellow employee leaves of their own choice to pursue another job, and your job is to finish their work, whether there are graphics that must be worked on, their work is owned by the company and therefore there is no copyright infringement. In University settings this happens all the time, there is no question of ethics in this instance, the work must be completed. And as to taking another fellow employee's idea, as long as the fellow employee knows and agrees, and the employer is informed there would be no problem. But definitely credit needs to go where it deserves. However where movies are concerned and books, it is interesting that ideas are not copyrightable... so interesting... I read a book when I was a kid and the Indiana Jones movies took major ideas from the book, I remember being absolutely upset that the author of the book got no credit...they stole from his writing to make their movie... it was a major novel by L.Ron Hubbard. I was surprised there was no fuss made. Happy Tidings everyone!!!
oceanawakes
9 days ago
4 comments
Wow, there are a lot of negative emotions happening on this page. It is the holiday season. We are all artists learning from each other, and ethics are important to remember. I was working for a university creating graphics and someone wanted a design someone else had created on the web. I new better than to copy and paste. I created something similar so the boss could be happy, without ethics I could have copied pasted, tweaked and presented, but where is the challenge in that?
Thank you Mike Lenhart for your article. And HAPPY NEW YEARS to all the artists here. Nothing like a smile and a laugh to get the new year rolling. BIG HUGS EVERYONE - SQUINCHES- Don't forget your Mistletoe this year!!! SMILE
tracer24
20 days ago
4 comments
I never "pad" my time.
inkaspies
25 days ago
28 comments
How about clients who think it's ok to "borrow" from or " "redo" another artist's work who has worked for them. In redo part, I have a client who wants me to re-do another artist's artwork because i charge less. I've been really thinking about it, and as an artist, I'm just not comfortable with that. Even though I could use the money. I don't think I'm going to get myself in trouble among my fellow artists that way.
jmaygd
about 1 month ago
62 comments
this is ridiculous. almost every 'new' idea is part of an old idea. to say that art has to be 100% original before you can call it your own is stupid. so if i paint fruit i can't call it my own because somewhere sometime someone else painted fruit!!! art is about what YOU see and what YOU feel. so if you wanna paint some freaking fruit, then paint some freaking fruit and put your name on it.
Chubbalink
about 1 month ago
250 comments
To 1Bartist:
I do graphic design, but I make things out of old fruit and spray paint too. What am I? Please tell me in your bitter wisdom. I am filled to the teeth with the whole looking down one's nose at anyone who creates things. Jog on!
I will give you a thousand dollars if you created anything original. You sound like anything but an artist. Stop thinking that you are better, and just make art. I swear, these comment walls are worse than listening to athletes do interviews.
Chubbalink
about 1 month ago
250 comments
And to the person who said that they don't place students on the same level as artists...I am sorry, but your entire comment was, well...full of uniformed and almost eroneous sentences. You are less of an artist than anyone to whom you make that statement. You are on no level above anyone.
Chubbalink
about 1 month ago
250 comments
A lot of artists steal things. Art is defined by two things: 1. Something made or created by someone, making something into something else. 2. People who say silly things based on what seems to be personal conjecture.
Get over it, as well as yourselves. A great man once said, that something is not art until is has been rendered useless. Absolutely useless. Were they wrong? I am sure you all know.
Chubbalink
about 1 month ago
250 comments
A lock will only keep an honest man honest. Names, titles and slogans can be protected. Try to open a Pepsi factory and sell your own Pepsi, or open your own McDonalds without the franchise rights. Try to call your airline The Friendly Skies. These are copyrighted.
Chubbalink
about 1 month ago
250 comments
The grey areas are put there by copyright attorneys. Artists should be able to draw, both an outline and a circle. Training has been replaced by digital laziness, and the expectation of an instant gratification. Art is only ever worth what a buyer spends. Throw some of your favorite works in the trash. It really helps to gain a healthy perspective. The days of the ear-cutters are long gone. Attorney, schmattorney.
roni
about 1 month ago
764 comments
excellent..kudos to you for this article. i know of some people who should read this and take heed.
jointhecircus
about 1 month ago
686 comments
copying or taking an idea from a living artist is never a compliment to me, no matter how u want to design it differently or what ever medium u want to use.It stiffles the artist to create series of ideas .
arthurpaints
about 1 month ago
622 comments
wow. you got me all paranoid. One thing that you can do is understand the actual law about copyright. Artists can write their own legal documents pertaining to certain works, and lay down the rules and regulations of an object, image or project. Just about all of my work is copyrighted, so what you see and hear is of my generosity. If you take into full consideration where your work might wind up and how, your legal contract for your work must be formed around the actual boundaries within it's domain. Its technical but its worth it when you give the artwork the credit it deserves, not just your own but for other's work as well.
shade7
about 1 month ago
38 comments
Wow , I really like this articles. This can be happen to anyone and wake up call to everybody
wlw
about 1 month ago
6 comments
Pay attention, those who think that just transferring someone's work to a new medium means they can make it theirs--wrong! You have to make an idea yours somehow before you can put your name to it. Andy Warhow didn't just slap his name on a Campbell's soup label. He didn't even just paint one. The arrangement, the use of size, there are many reasons what he did wasn't plaguarism. You can't just take a picture of someone's sculputure or painting and claim that it's yours unless something about that is truly an original viewpoint. If you use something as a tracing, you must then do something original with it. I'll repeat what others have said--if you are in doubt, ask or assume it's wrong before putting your name on it.
And before acusing someone of plaguarism, you should be sure of what you're acusing them of, as that's a potent and nasty accusation!