How our tribute to “The Hacker Way” pissed off a Facebook designer
elweb.co
elweb.co
As the hacker behind the version at http://print.imaj.es/ - I figured I'd share my response here too.
Ben's response is understandable - designers and hackers alike are proud of their creations and often are quick and strong-willed in defending their work.
However, the project that he's been running internally at FB itself aped the original British Ministry of Information project during wartime - the keep calm and carry on meme.
Ben's sentiment to keep focused is good. It's so good that when I saw it, I felt a resonance, a reminder that I should be shipping - so that I wanted to right there and then, make it, produce it, ship it.
So I went to work with my (legal) copies of illustrator and photoshop, and crafted my version. (see it here: http://print.imaj.es/products/stay-focused).
The comparison ends here, though. I took the sentence, sure.
But my process is letterpress, with really awesome paper, all made by hand (by me) locally.
So, I think at this point there's a valid conversation about what is art, what is originality, and how that can be defined - my work can easily be seen as derivative, implied.
I don't make a comparison here with Andy Warhol (who's work will far outstrip anything I'll ever make creatively), but Ben's argument here extends to the notion that Warhol's Campbell's soup work is theft; whereas many others (myself included) see it as a valid expression of the modernity the cans represented. I see the poster as a valid expression of the notion of being a developer-entrepreneur, of needing to keep on the track and ship - a mantra we can all live by.
Ben accused me of theft, suggesting I should donate profits to charity. He used language such as this being a rip-off, and worse.
I have thought about it and frankly I don't see it as theft, but as the normal course of art. Theft would be to make it and not reference the original - to ignore the ancestry and pretend it doesn't exist.
And, for the record, I'll donate any profits to charity- if there are any. As it stands, there's little chance the project will even get printed, as there is not yet sufficient orders.
"Don't let the bastards grind you down."
A can of soup doesn't equal a painting of a can of soup.
There are many differences.
uh... what? Of course you can.
Granted, Fair Use may or may not come into play depending upon the length of the text being reused, but "text on a page" is exactly what copyright was invented for in the first place.
Sort of. Judging by a cursory glance at the USPTO indicates that there's no real hard-and-fast rule on just how much you can use, legally, before copyright kicks in. It's really something that has to be decided on a per-case basis:
http://www.copyright.gov/help/faq/faq-fairuse.html
In short: You can copyright text on a page. That much is obvious--that's why we have copyright, as you pointed out, but it doesn't just depend on length. It depends on presentation, typography, stylistic decisions, and so many other things that this particular situation is probably a legal gray area. That said, I very much doubt a judge would be willing to hear this, and I seriously doubt the designer would bother himself with pestering Facebook to take it to court.
Another argument worth considering is this: At what point does it become copyright and at what point does it become protected speech?
Article B: Nerds insisting that content producers are too dumb to understand that piracy is just a marketing channel.
(repeat ad nauseum)
(stop repeating, please)
Making a sign that you saw in a photograph is not much different from sticking a clever caption on a picture of Homer Simpson. No, you didn't create the sign or the Homer Simpson character. But that doesn't mean it's not cool or funny.
I'm hoping that the inherent bluntness of Twitter exaggerated Barry's response; the poster being sold was a different layout & typeface, not a "straight ripoff".
I'm not saying Barry doesn't have a case, just that if I were in his shoes I wouldn't have reacted in the same way in the least. He's reinforcing a stereotype of designers that I'm not particularly proud of.
that said, i'd think it was a silly response even if they were selling it for profit. do you really want to focus your creative energy defending your authorship of a white poster board with red lettering?
moreso, and i recognize this is a touchy subject, i'm not sure it's even fair to suggest he conceived these designs.
Also, it's not authorship over "red on white" as a concept, it's authorship over this specific combination of type, size, layout, & copy that implies association with Facebook. If they just wanted to maintain the message, and not the association, they wouldn't have kept the visual style. Implying an association (with Facebook, or Ben) that isn't really there is the dishonest part.
I would run like hell from a company that did this.
Better to have read:
IPO TIME.
YOU JOB IS AT RISK.
WORK HARDER.
WAR IS PEACE
FREEDOM IS SLAVERY
IGNORANCE IS STRENGTH
Here is a solution:
I release the following to the public domain:
STAY FOCUSED AND KEEP SHIPPING
There you go, just copy and paste this into your design program of choice, pick a big font, and send it to the printers.
Crisis averted
I suppose I'm being immoral and disrespectful, myself. Should I send Dos Equis a letter of apology, see if KC Green sells prints of his comics, and try to track down both the artists working on the Spiderman show as well as the person who placed text on this image? http://imgur.com/3CHhp
Let me know if I'm factually wrong in any of my statements.
---
A 63-year-old Picasso got out his pen and paper and sketched the woman, who passing by had asked for a quick self-portrait of herself.
It took him 30 seconds, once finished, he asked for 500,000 US dollars.
'Why? It didn't even take you a minute!' she replied.
'Madam, that sketch took 63 years."
And off he walked, with the sketch in his pocket.
Don't treat this like a masterpiece.
It's a simple poster people were excited about and when it was unavailable went out to make it themselves.
Edit, it's working for now
I can understand how making a profit off of something like that could rub you the wrong way. However I think I personally would just be happy the message was worthwhile to other people and leave it at that.
Your intentions are irrelevant. Unless somebody has clearly stated you can reproduce their creative work you shouldn't, nor should you want to.
Please do not use the guise of a 'hacker mentality' to mask your lazy and disrespectful actions.
We are all influenced by the same things, it's what you do with that influence that matters.
Not the designer.