GDE730 W3 | Lecture Review

Copyright Overview and Principles

This week’s lecture included a two experts in legal and intellectual property frameworks: Kevin Poulter and John Mayner. They walk us through the importance of understanding your copyright protections as well as how best to protect yourself and your work product.

RESEARCH

Both Poulter and Mayner recommend getting familiar with the intellectual property and copyrights that are most applicable for the country/countries wherein you practice. This includes doing research on behalf of any organization that you have as a client to ensure the work you create for them is not subject to challenges of ownership.

COMMUNICATION & DOCUMENTATION

It is critically important to document your ideation, concepting, and iteration of the designs produced in arriving at your final work product. Further, it’s essential that the ownership of that work product is clearly articulated in a contract or work agreement between your studio and the client. This should outline who will own the rights to the work once it’s completed, who is liable should the work come into conflict or question, and the expectations of the duration of said agreements.

TRADEMARK & COPYRIGHT

Trademark can address similarities especially amongst categories. We learned of the case study of Formula One racing’s new brand identity and a hosiery product. While the identity had similar aesthetics, the likelihood of confusion for a renowned brand such as Formula One being confused with pantyhose is highly unlikely.

Copyright in the United States includes, “ a form of protection provided by the laws of the United States for "original works of authorship", including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. "Copyright" literally means the right to copy but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work. Copyright protection does not extend to any idea, procedure, process, system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of contents or ingredients are not subject to copyright.”

DAVID VS. GOLIATH

One of the more disheartening aspects of this week’s lecture centered in on an independent illustrator and studio owner, Bassen & Kurtz and how their original works had been repeated ripped off by large fast-fashion house, Zara. The sentiment implied by the legal experts in this lecture made it seam that the onus is on the artist to prove their works have been violated with regard to copyright. Knowing this, larger brands can take full advantage of smaller outfits just by the sheer fact that they can afford to take the little guy on in the courts, whereas the reverse is often unlikely possible.

What was inspiring was learning about several small studios and artists banding together to create campaigns via social media platforms to call out these greedy Goliaths and hamper their abilities to quite literally steal the art of original artists for their own profit.

REFERENCE:

Alderson, Rob (2015), ‘Tokyo Olympics Logo embroiled in Plagiarism Row (Links to an external site.)’, The Guardian [online], 30 July. [Accessed 28 March 2019]

Copyright Definitions. (n.d.). Retrieved July 11, 2020, from https://www.copyright.gov/help/faq/definitions.html

Jacob, R., Alexander, D., Lane, L. (2003) A Guidebook to Intellectual property: patents, trade-marks, copyright and designs. London: Sweet and Maxwell.

Falmouth University (2020). Copyright Overview and Principles | Lecture. Studio and Entrepreneurship GDE730 20/21 Part-Time Study Block S2 (Falmouth, UK: Falmouth University)

Kevin Poulter https://twitter.com/kevinpoulter

GDE730 W3 | Workshop Challenge

REVIEW OF A DESIGNED OBJECT AND THE POTENTIAL FOR IPO INFRINGEMENT

Select a designed object and highlight the key areas that may infringe copyright or require IP protection.

CJ HENDRY

For this week’s Workshop Challenge, I chose to focus on the artist and illustrator, CJ Hendry. She is a photorealistic pencil artist from Australia who now resides in New York, NY. Her works have been shown across the globe via massive installations putting her in a position of great demand. That doesn’t protect her however from the implications of copyright infringement or intellectual property challenges.

In 2018, Henry created a series of limited edition creations based on Polaroid phots taken by Andy Warhol. She sketched the Polaroids found in a Warhol coffee table book, then printed the sketches, then crumpled up the prints and then sketched those crumpled up prints. To distribute the series on a more mass level, she then created a set of limited edition t-shirt complete with an homage to Warhol’s iconic Campbell’s Soup artwork by creating packaging resembling a tomato soup can.

From an outside perspective, one would imagine what could possibly shut down this production from a copyright perspective would be two-fold: one that potentially infringes on the original artwork copyright of Andy Warhol, and two: using a globally known brand for the purposes of marketing oneself for profit, that being Campbell’s soup.

A mere five hours from launching the limited edition collection for sale, Hendry received a cease and desist order from the family of Muhammad Ali, one of the likenesses photographed by Warhol and then illustrated by Hendry.

Due to the fact that the potential legal and financial liability, Hendry chose not to sell the limited edition t-shirts, but did give them away via another interesting artistic expression of copyright and intellectual property.

So, the question is what is art and how far can that art rely on the art or expression, in this case, likeness of another? Warhol used the iconic brand of Campbell’s soup to great success. I wonder if he was creating in today’s litigious society if he’d had been as successful. He made a tremendous amount of art leveraging the likeness of others: Elvis, Marilyn Monroe, Elizabeth Taylor, and countless others. It may also come down to those that appreciate (or not) the artist’s take on those brands, branded objects, and likenesses. For example, NIKE, Christian Louboutin, and creative visionary Jeff Staple — who partnered with NIKE to create a custom designed Pigeon Dunk basketball shoe which is now a collector’s item valued at about $25,000 —have all passionately supported and sought out partnerships with Hendry.

OTHER WORKS BY HENDRY

GDE720 W3 | Workshop Challenge

STRANGER THAN FICTION

In 2013, the design firm, Dunne & Raby, was contracted by the London Design Museum to create an experiential exhibit: United Micro Kingdoms. This exhibit was accompanied by a companion website that outlined the four fictional regions of a futuristic UK. Each region revealed unique demographics, socioeconomics, and politics through the lens of four distinct techno-political ideologies: Digitarians. Bioliberals, Anarcho-evolutionists and Communo-nuclearists. 

Did it work?

UNITED MICRO KINGDOMS

Dunne & Raby interrogate the potential for design borrowing methods from literature and art and apply them to the real world as thought experiments. Their design practice uses design to explore the social, cultural and ethical implications of emerging technologies. 

To quote data visualizaiton experts, Nicholas Felton and David McCandless, if “data is the new wood, and “data is the new soil” respectively, then Anthony Dunne and Fiona Raby’s neoscientific exhibition, United Micro Kingdoms, is the new reality data visualization. And by “reality,” I mean not real. 

This was an exercise in fiction. Design fiction. They used aspects of data visualiztion theory and execution to hypothesize a futuristic version of the United Kingdom segregated by not only geographic regions, but socio- and techno-political ideologies. 

Each faction or sect divided across left, right, authoritarian, and libertarian axes: Digitarians (a right-wing, authoritarian perspective), Bioliberals 
(a left-wing, libertarian perspective), Anarcho-evolutionists (a right-wing, libertarian perspective) and Communo-nuclearists (a left-wing, authoritarian perspective).

What I love about this project is its creativity. It’s use of design future and fiction to hypothesize a future for the UK. Dunne and Raby bring each of these ideologies to life through maps, images and artifacts. For example, the Digitarians live in Digiland where they drive electric self-driving cars that constantly negotiate peak commuting and parking tariffs automatically. 

The website is very interactive giving the user many points of entry to explore more about each sect. 

DATA VISUALIZATION THAT FALLS SHORT?

However, if I am to follow the leaders of data visualization, the site’s expression of “data” falls short. Without the necessary context or comparison of information  provided by effective data visualization, the viewer is left guessing and filling in gaps — potentially incorrectly. 

We are not introduced to any type of visual connector from one faction to the next. The patterns developed are gorgeous in their simplicity, but at no point
are they connected to their respective owner. 

It is only when you head to the exhibit’s physical site at the Design Museum, is one able to discern which sect belongs to which. The artifacts created to complement each of these visions seem to be the culmination of a series of workshops or codesign activities based on the exhibit’s documentation.

When you see imagery of the exhibit space, you can see the storytelling and imagination revealed in the all the beautifully and thoughtfully executed details.

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Dunne and Raby published an article complete with stunning illustrations giving readers even more insight into the lives of these proto-sects (at right). 

This project ultimately isn’t intended to explain anything to you — as a traditional data visualization demands. It is actually intended to get you to think about everything.

Dunne and Raby contend that if we speculate more—about everything—reality will become more malleable. The ideas freed by speculative design increase the odds of achieving desirable futures. 

My editorial design of United Micro Kingdoms can be downloaded via this LINK. Mockups are shown below.

 

REFERENCE:

Cheng, Joanne (2014, updated 2015) ‘Analyzing Minard's Visualization Of Napoleon's 1812 March (Links to an external site.)’, Thoughtbot, 8 June, (Accessed: 7th December 2018)

Dunne, A., Raby, F. (2013) UMK United Micro Kingdoms. (2013)

Falmouth University (2018). Big Data | Lecture. History and Futures GDE720 19/20 Part-Time Study Block S2 (Falmouth, UK: Falmouth University)

Felton, Nicholas (2015) Transforming data into meaningful stories | The Conference 2015, 14 January, (Accessed: 7th December 2018)

Information is Beautiful (2018) Information is Beautiful (Links to an external site.), (Accessed 10th December 2018)

Interaction Design Foundation (2016) Information Visualization – A Brief Pre-20th Century History,  (Accessed: 7th December 2018)

McCandless, David (2010) The beauty of data visualization, July, (Accessed: 7th December 2018)

McCandless, David (2008), Information is Beautiful. (New York: HarperCollins).

Morton, Timothy (2013), ‘Chapter 1: What Are Hyperobjects? and Chapter 2: The Time of Hyperobjects’ in Hyperobjects: Philosophy and Ecology after the End of the World , (Minneapolis: University of Minnesota Press).

GDE720 W3 | Lecture Review

BIG DATA

Collecting and visualizing the unseen. Beginning with cave paintings and a tapestry from the Battle of Hastings through to the poignant, illustrative information design of Mona Chalabi, Harriet Ferguson walks us through the history of data visualization.

Bringing meaning to the masses, most of which who where illiterate, telling stories through symbology, iconography and data has been around since the dawn of time.

Again, taking advantage of the illiterate, the Church used storytelling via decorative stained glass windows as a way to use fear and power to reach the faithful and nonbelievers alike.

Chinese, Korean, Japanese, Egyptians, and Sumerians relied heavily on logograms, pictograms, ideograms, hieroglyphics, and cuneiforms to tell stories and record history. A pictogram or pictograph is a symbol representing a concept, object, activity, place or event by illustration. Pictography is a form of writing whereby ideas are transmitted through drawing. An ideogram or ideograph is a graphical symbol that represents an idea, rather than a group of letters arranged according to the phonemes of a spoken language, as is done in alphabetic languages.

Fast forward to the 19th century, and we’re introduced to information design with a beautiful examination of Napoleon’s Campaign on Russia by Minard (1869). Not only does the piece translate thousands of points of data, but visually expresses the significance of Russia’s ability to play into the weakness of Napoleon’s ego and ultimate retreat.

Moving into the 20th century, with the advent of the internet and technological era, data visualization continues to evolve and grow in it’s usage as a way to transform information and compress knowledge into visual stories, cultural commentary, and comparisons across seemingly never ending sources. Data is used to visualize the beauty of cooking, impacts on health and medicine, artistic expression of atypical data sets such as a stock exchange, activism. David McCandless, a visual data designer, writer, and journalist - an expert in the field of information design - says it best:

Data is the new soil. Let the data set change your mind set.
- David McCandless

McCandless emphasizes the need for context when using data to tell stories and craft narratives. “Relative figures that connect you to other data to see a fuller picture.”

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David McCandless’ data visualization of fears reported by the media over time. Note the gap in fears during 2001-2002 for which the 9/11 terrorist attacks could be responsible.

REFERENCE:

Cheng, Joanne (2014, updated 2015) Analyzing Minard's Visualization Of Napoleon's 1812 March ’, Thoughtbot, 8 June, (Accessed: 7th December 2018)

Falmouth University (2018). Big Data | Lecture. History and Futures GDE720 19/20 Part-Time Study Block S2 (Falmouth, UK: Falmouth University)

Felton, Nicholas (2015) Transforming data into meaningful stories | The Conference 2015, 14 January, (Accessed: 7th December 2018)

History of Visual Communication: Ideograms. (n.d.). Retrieved from https://www.historyofvisualcommunication.com/02-ideograms

Information is Beautiful (2018) Information is Beautiful (Links to an external site.), (Accessed 10th December 2018)

Interaction Design Foundation (2016) Information Visualization – A Brief Pre-20th Century History,  (Accessed: 7th December 2018)

McCandless, David (2010) The beauty of data visualization, July, (Accessed: 7th December 2018)

McCandless, David (2008), Information is Beautiful. (New York: HarperCollins).

Morton, Timothy (2013), ‘Chapter 1: What Are Hyperobjects? and Chapter 2: The Time of Hyperobjects’ in Hyperobjects: Philosophy and Ecology after the End of the World , (Minneapolis: University of Minnesota Press).

GDE740 W3 | Workshop Challenge

Self Initiated Project Production

THE CHALLENGE

This week I was to make and produce my self initiated project idea per the following.

1. Imagine and make one design response to your self initiated project brief, as outlined on your mood boards. Demonstrate your development. Upload initial ideas and sketches to the Ideas Wall and reflect on them in your blog.

2. Make prototypes and experiment with design and production techniques to ensure you engage with your target audience. Do not forget to record all tests, even if they fail, and add them to the Ideas Wall.

3. Design and deliver your final outcome, in line with your original aim and objectives

Athena, Greek goddess of wisdom

SYMBOLISM

In order to arrive at a visually compelling and meaningful design, I looked to symbols of female strength, wisdom, creativity, and unity. I wanted to be able to tell a story that aligns with the values of this campaign: women for women and the virtues of joining together to create greater empowerment, collaboration, and community for women in the workplace.

ATHENA

My search for appropriate and meaningful symbolism lead me to Athena, the greek goddess of wisdom, courage, inspiration, civilization, law and justice, strategic warfare, mathematics, strength, strategy, the arts, crafts, and skill.

She is known most specifically for her strategic skill in warfare and is often portrayed as companion of heroes and is the patron goddess of heroic endeavor.

Athena and her owl

What a better place to start exploring symbols and creative expressions for my enamel pin.

ATHENA’S OWL

Athena kept an owl on her shoulder that revealed truths to her and represented wisdom and knowledge. In some versions of the mythology, the owl was said to illuminate Athena's "blind side," allowing her to see the entire truth. Owls were widely associated with Athena's blessing, and Greek soldiers viewed the sight of owls before a battle as a symbol that the goddess was on their side.

The owl was a symbol for Athena before the Greeks gave their pantheon human forms. In Ancient Greece, the owl was a symbol of a higher wisdom, and it was also a guardian of the Acropolis.

The best-known image of Athene’s owl, the Little Owl, is seen on ancient Athenian coins dating from the fifth century BCE.

MAKING CONNECTIONS

In looking at numerous images of owls and their storied meanings, I began to see some connections. In looking at their anatomy, I could see the letter “w” for Women. Further, the symbolism of the owl — and Athena — also connect to the community and connection aspect of my project.

The term mentor, originated from Homer's story of a king, who entrusted his son's development to Mentor, before he left for war. Athena disguised herself as Mentor to guide the boy. By traditional definition, mentoring is described as an older (and presumed wiser) person who assists a younger one to grow, to take someone "under their wing" to help them to develop personally and professionally. With wings in place, the owl seemed an apt symbol for my project.

INITIAL SKETCHES

I began sketching different approaches to my owl. By self-imposed boundary in my attempt at greatest connection, and compelling story, each iteration needed to leverage the letter “w” in some way. I began with two ancient references and the photos of the owls as my guide.

While I was pleased that I could easily identify ways to incorporate the letter “w” into the owl sketches, I felt that these initial versions were not strong enough to carry the symbolism I’d wanted them to evoke: empowerment, protection, community, and wisdom. I moved the sketches in a more geometric direction to emphasize the strength missing in the previous versions. The line work was to be clean and clear.

I chose the owl on the right as the version to move ahead into final design. It evoked an energy and dynamism for me that aligned to the tone of my project: Inspirational, strong/confident, warm, inviting. I continued to work on the illustration to add in detail that continued to connect the symbol to the project via the letter “w.”

I brought my final sketch into Adobe Illustrator to clean up the line work and add color. I chose a color palette that evokes femininity, warmth, strength, and the various colors of skin that women embody — and was inspired by the ancient Athena owl painted clay sculpture shown previously in the blog.

Each section of the illustration includes a hidden or not-so hidden “w”. Look closely… can you see them?

The final piece will be a soft enamel pin with copper or rose gold inlay to further express femininity and strength. I see this piece as a true conversation starter and look forward to having it made. I am excited to see where this self-initiated project will take me next.

REFERENCE

Athena, Goddess of Wisdom. (n.d.). Retrieved from http://www.perseus.tufts.edu/Herakles/athena.html.
Eason, C. (2008). Fabulous creatures, mythical monsters, and animal power symbols: a handbook. Westport: London.
Falmouth University (2018). Development | Podcast Videos. Application and Interactions GDE740 19/20 Part-Time Study Block S1 (Falmouth, UK: Falmouth University)
Rolfe, A. (2014). Taking mentoring to the next level in organisations. Training & Development (1839-8561), 41(2), 26–2
Walsh, N. (2015). Greek mythology: gods of ancient Greece and the heroic myths ; discovering Greek history and mythology. San Bernardino, CA.: Moonrun Publishing.