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Communication Design

Fashion House Appropriates Sacred Inuit Design

Posted by Rebecca Blake on December 03, 2015

In November, Canada’s CBC Radio reported that British fashion label Kokon to Zai (KTZ) stole a sacred Inuit pattern to print on their “Shaman Toweling Sweatshirt.” As it turns out, a descendent of the shaman who created the design is a producer at CBC North, which broadcast her story. Salome Awa told CBC radio that her great grandfather created the image in the 1920s for a protection parka made of sealskin. The design is considered sacred, and by Inuit tradition, only the shaman is permitted to wear the design. Since no one at KTZ contacted her family for permission to use the pattern, Awa speculates that the fashion label saw the image in books or in a film documenting the travels of the explorer Knud Rasmussen, who met the shaman.

Although KTZ didn’t initially return Awa’s telephone calls, they eventually pulled the design and issued an apology. Awa credits the outcome to the negative publicity generated by the broadcast and news stories. This isn’t the first time the fashion house has been in hot water for appropriating indigenous design. In early February, KTZ was accused of lifting the pattern on a dress from the work of Crow designer Bethany Yellowtail. Yellowtail took inspiration for her fashion design from beadwork inherited from her grandmother. Adrienne Keene, a member of the Cherokee Nation of Oklahoma, points out that cultural appropriation in the fashion and design industries shows little creativity: “It was our people who did the heavy lifting creative work for you. We designed these images. We have the knowledge and understanding of what they mean and how they can be appropriately used.

Treading the fine line between cultural inspiration and insensitive appropriation can be difficult for designers. On her blog Native Appropriations, Keene asks that Native businesses be supported, and that designers understand “…that our cultures aren’t free for the taking.” In her article “A Much-Needed Primer on Cultural Appropriation” (Jezebel, 11/13/12), Katie J. M. Baker recommends doing some basic research on the religious and cultural significance of designs and products. Those wanting a deeper understanding of the complex issues of cultural appropriation can check out Who Owns Culture?: Appropriation and Authenticity in American Law by Susan Scafidi. Scafidi, a leader in the new field of fashion law, covers the grey area of communal authorship not protected by US copyright law.

Below: KTZ’s current line of apparel features designs heavily lifted from Native American cultures, including a pattern which closely copies the work of designer Bethany Yellowtail (center dress).

Dresses from Kokon to Zai Fall 2015 line

Ad Agency Video on Spec Work Belies Reality Facing Creators

Posted by Rebecca Blake on November 18, 2015

A video and blog post on spec work produced by Toronto advertising agency Zulu Alpha Kilo is burning up the Internet. In the video, an actor approaches different businesses unfamiliar with work on spec (for the most part) and asks for free products or services – a cup of coffee, a breakfast, architectural design, picture framing, and personal training. The incredulous reaction from the business owners doesn’t deter the actor, who trots out business jargon to justify his request: “You guys can make me a spec breakfast, right? And if I enjoy it, I’ll make you guys my ROR, my Restaurant of Record…” He even pushes the personal trainer to give him the intellectual property rights to the training techniques. The video concludes with a challenge to ad agencies: “It’s time we all said no to spec.”

As Adweek reported, the video was created by the agency founder Zak Mroueh for presentation at Strategy magazine’s Agency of the Year event.  Mroueh told Adweek that Zulu Alpha Kilo hasn’t done a pitch requiring spec work in five years, freeing up time and resources to work on clients’ brands rather than on generating new business. The strategy seems to have worked for the agency; they reported that they’ve tripled their staff and gained high-profile clients such as Google and Corona.

It’s heartening to witness an ad agency pushing back on spec work. Unfortunately, the equation is quite different for the professionals contracted by ad agencies to create content. As reported in numerous publications, such as Mashable, New Business Intel, and the LA Times, ad agencies are increasingly turning to crowdsourcing to generate content for their clients. The Mashable article’s glib description of, “hordes of talented people” who are “willing to work on the cheap and on the fly,” belies the experiences reported by many professionals. Requests for work on spec or free have skyrocketed (see our articles on “Spec Work Documented on Social Media” and “Artist Dies of Exposure”), undervaluing the illustration, design and animation professions.

“There’s a double standard being applied to the professionals who create the content that drives the advertising industry.”

Crowdsourced content is being leveraged by a new breed of ad agency, such as Victor & Spoils. Victor & Spoils, which launched in 2009, prides itself on being an agency which collaborates with brand fans – or as their website describes them, “lunch ladies” – as well as seasoned advertising pros, pulling in fan feedback on brands at the outset of the creative process. The agency relies heavily on crowdsourcing. A 2009 article on Wired.CO.UK described how the agency used platforms such as crowdSPRING, 99designs, and GeniusRocket for projects ranging from brand strategy work to TV spots. (The agency even used crowdsourcing for its original logo and website design.)

Victor & Spoils also utilizes their network of professional creatives to generate content. In the Wired article, agency founder John Winsor described their process: 50-100 of their “creative department” are invited to contribute to a project, and from the submissions, 6-12 finalists are selected to compete for the final product. Only the finalists and winner are compensated. Of course, the participants give up any pretence of ownership of intellectual property; the agency’s terms stipulate that any contribution is work-for-hire. Winsor complains that only 10% of the creative output is any good, requiring “strong creative direction” from agency staffers.

The crowdsourcing model used by Victor & Spoils isn’t unique. Talenthouse (“the world’s largest creative department”), Tongal (“The World’s First Studio-on-Demand“), and GeniusRocket (“A creative video agency powered by a curated crowd”) all rely on content inexpensively provided via crowdsourced projects. The trend makes the acclaim of Zulu Alpha Kilo’s anti-spec video bittersweet. It’s inspiring to see the video which casts a spotlight on spec work receive so much recognition. However, if the example shown by Victor & Spoils reflects a growing trend, there’s a double standard being applied to the professionals who create the content that drives the advertising industry.

Below: a screenshot from Zulu Alpha Kilo’s video. This guy can’t believe he was asked to work for free.

Zulu Alpha Kilo no-to-spec video

Sheila Copps Challenges Designers to Address Global Issues

Posted by Rebecca Blake on November 03, 2015

At the Eeum Design Connects international congress this past October in Gwangju, South Korea, Sheila Copps delivered a riveting keynote address that challenged the design community to effectively address global issues such as climate change and sustainability. Copps currently heads the World Summit and Congress of Architecture + Design + Planning, the 2017 international design congress which will bring together a multitude of design disciplines. She was asked to replace the scheduled keynote speaker, Victor Margolin, who was sadly injured right before the Congress.  If the last-minute call caused any difficulty, it wasn’t evident in either the content or delivery of her speech.

In her address, Copps focused on how design can be used as a leverage for political action. She related that in her 25+ years in politics, she never heard from designers or design organizations, despite the fact that designers work on solutions to many of the issues being addressed by communities and governments. She then asked when, where, and how do designers connect with decision-makers:

“Designers who come together for the common good of the community will get the ear of government… Designers CAN change the world. You design for people. You do not design in a void.”

She concluded her address with ten steps the design communities can take to connect to decision makers, governments, and communities:

1.    Determine the outcomes do we want, and reverse engineer those outcomes.
2.    Create simple concepts such as “green design” that are easily communicated and which people can rally around.
3.    Develop metrics and measurement tools that international decision makers can implement.
4.    Utilize international design champions to promote our common objective.
5.    Determine the ten key elements of what constitutes good design in a horizontal fashion.
6.    Measure the real cost of cradle to grave cost of disposability.
7.    Create template for action that is easily understood by governments, NGOs, and the business community, so that design becomes a sustainable economic driver.
8.    Create great design which adds value to society that will build value in cities, communities, buildings, etc.
9.    Create the potential for tax incentives. Financial incentives come from a design connection that understands how to make good politics.
10.  Help policy makers develop tools so that we can measure our footprints.

 

The Restrictions in Stock Image Licenses Illustrators and Designers Need to Know

Posted by Rebecca Blake on October 06, 2015

Microstock websites – websites that purvey low-cost photos, illustrations, and icons – have become a standard image source for designers with small budgets and undiscriminating clients. Illustrators have also used microstock, either in the creation of collage or montaged imagery, or as reference material for illustrations. However, both designers and illustrators are cautioned to read through the licenses employed by microstock sites. The low fees and “royalty free” label extended by microstock sites do not translate to unlimited use of their images.

The terms of use of six microstock sites reviewed for this article – Thinkstock, Shutterstock, Getty, iStockPhoto, Dreamstime, and 123RF – all clearly stipulate that their licensed imagery cannot be used in the creation of logos, service marks, or trademarks. The language used to define the restriction varies slightly from site to site. Getty Images implies that an exception to the restriction can be requested in writing. Dreamstime restricts the use of their images in the creation of trademarks, but not logos. The remaining four sites are unambiguous in prohibiting the use of their licensed image in logo creation.

Restrictions which would affect illustrators seeking to use stock imagery as source material are not always as clearly spelled out. The license agreement for Getty Images is an exception; it states: “Licensee may not falsely represent, expressly or impliedly, that Licensee is the original creator of a visual work that derives a substantial part of its artistic components from the Licensed Material.” Of the licenses reviewed, only iStockphoto’s license includes similar language to Getty’s, but the other terms do restrict the reselling of their images. Since the authors of the microstock images retain the copyrights, one can reasonably surmise that an illustration based on a stock image may not be copyrightable.  A safer course of action for illustrators is to use source material that is clearly in the public domain.

There is a downside to using microstock sites in general. Much of the imagery uploaded to the sites is trite, stereotypical, or simply poorly executed. (Stock photos were beautifully lampooned by the fake images created to mark the release of the film, “Unfinished Business.”) Microstock is also blamed for devaluing the illustration and photography professions by using an unsustainable business model that can’t support professionals.

The license agreements for the stock images sites are:
123RF
Dreamstime
Getty Images
iStockPhoto
Shutterstock
Thinkstock

Below: highlighted portions of the Getty, iStockphoto, and Dreamstime licenses.

iStockPhoto license Getty Images license Dreamstime license

Guild Member Discount for HOW Interactive Design Conference Boston, Nov. 5-7

Posted by Rebecca Blake on September 30, 2015

At the HOW Interactive Design Conference (HIDC) in Boston November 5-7, designers and developers will explore the intersection of design and technology. The conference is packed with seminars, breakfasts, and happy hours. Talks will be given by industry leaders, such as Jen Simmons, designer and host of The Web Ahead, and Stephan Mumaw, Director of Creative Strategy at Hint and author of Creative Bootcamp. Guild members are invited to attend the conference at a discount of $50 off the registration fee. Register online on the conference website with the code GAG50.

HOW Interactive Design

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