Three Design Lawsuits I've Considered Recently...

As a graphic designer, I feel that it's always important to check out some lawsuits to learn (and be entertained-ish) from. I have three (rather) solid examples of such cases.

Graphic Artist Files $1M Lawsuit Against Tapout Claiming Fraud and Design Theft

Essentially Justin Weber is a graphic designer from San Francisco, CA, who created the Tapout™ logo for the MMA company. In exchange for his logo, Tapout™ had to buy merchandise from Justin Weber's studio, MIA. Now, Tapout™ does not own any of Weber's designs. They simply compensated Weber by purchasing branding merchandise from his studio for resale. 50 designs later, after seeing the success that the logo bought the company, they opted to scheme their way out of working with Weber, by creating and selling merchandise without Weber's permission (and payment) whatsoever.

I liked this story, because it was during a time when I was just beginning to work with clients who needed prints and logos. Was definitely important.

Link - http://www.rfcexpress.com/news/article.asp?ID=3295

ESPN v. Quiksilver Inc: Lawsuit settles for undisclosed terms

Not knowing about Extreme Sports too much, I thought that this was pretty ridiculous. However after looking back and forth...it does kinda look similar. ESPN declared that Quicksilver violated a trademark. The issue is as obvious as anything if you look at both of the images. ESPN protested and complained to Quicksilver inc. over the use of the bold "X". However, Quicksilver spokesperson Joshua Katz stated that ESPN only contacted them once in the fall of 2007, and accused ESPN of not responding to Quicksilver's attempts to talk out the issue. Another surprising thing about this lawsuit is how good the relationship between the two companies were before this.

In essence, I have stopped using bold "X"'s.

Link - http://www.famouslogos.org/espn-v-quiksilver-inc-lawsuit-settles

Artist Sues The A.P. Over Obama Image

     This one hits closer to home because I love Shepard Fairey's work. He was being accused of copyright infringement, because he used an image of Barack Obama that was shot by a freelance photographer for The Associated Press. He filed a lawsuit against The Associated Press pretty much asking the Judge whether or not he is protected from copyright infringement and if it falls under "fair use". Julie A. Ahrens, associate director of The Fair Use Project and one of Fairey's lawyers, have staunchly defended the artist. "He should not have to deal with misguided threats from The A.P." Paul Colford, spokesperson of The A.P. stated that the agency was "disappointed by the shock filing by Shepard Fairey and his failure to recognize the rights of photographers in their works.". Another lawyer has claimed that all Fairey was doing was changing the photo into a totally different and new message.

Another lawsuit I found interesting, as both a photographer and an ink-and-wash painter.

Link - http://www.nytimes.com/2009/02/10/arts/design/10fair.html

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My Weekend at Megacon Part 2

For the two of you reading this, sorry for not updating sooner.

...

     After the Trina Nishimura/Jaime March event, I was supposed stick around and stay in the Main Events F/G/H room with Russell for photography duty for the event. When I opened my laptop and read the next event's details, I knew that the next crowd would be even more rabid than the last. I told Russell about it, and he seemed to know what was to come. Within seconds, Edward Elric cosplayers and others of the pre-teen variety all swarmed the room. Masses of "Yaoi and Yuri paddles were abound. Chants for "We want Vic!" were heard. Vic Micnogna and Colleen Clinkenbeard finally appeared, and the place went berserk. Vic and Colleen introduced themselves, and obviously when Vic did, the fangirls started to scream. I thought I was in hell. For those of you who don't know these guys I'll explain. Vic Micnogna is an extremely popular Voice Actor who has starred in the most popular anime in the U.S, like Full Metal Alchemist (Edward) and One Piece (Nezumi). Colleen Clinkenbeard is a Voice Actress who also starred in many fan favorites including Full Metal Alchemist (Riza), Case Closed (Rachel), and One Piece (Luffy).

     At this point in the blog, you may notice that Vic Mignogna was the star attraction in this event, and bygod, you're right [/insert sarcasm]. Almost all of the questions were directed towards Vic, like "How does it feel being Edward's VA?" and "Who was your favorite character you voiced as?", the latter leading to an answer that Yaoi fangirls screamed over. I loved how almost all of these questions were ones that Colleen could have easily answered, and felt really sorry for her. (Well, anyone who shares a show with Vic)

     I viewed my schedule and realized I was late for an event going on at the same time, the Super Anime Trivia. I went to room B, to find that my friend Kent Ward and one of the founders of the UCF anime club, Anime Spot, was on the stage. They were in the middle of a question about Jojo's Bizarre Adventure, one of my favorite comic books. I wanted to answer the question so much, but I, being the camera man, couldn't. Overall, it was a fun event. Here's some shots of the event.

I promise to update this crazy, fun, and photo-heavy post on part 3.

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My Weekend at Megacon '11 part 1

For those who don't know, Megacon is arguably the biggest Comic Book/Anime convention in Florida. It is normally held in the Orange County Convention Center. Now, having been a member of the Propeller Anime Club at Full Sail, I was given volunteering duties. Having worked the convention for 3 years, I knew the crap I would have to go through in terms of line control and setup. However, this year was different. Since I became a graphic designer, I had always taken pictures, conventions included. However, photography was never an actual duty within my schedule in convention volunteering. So, on top of the stuff I had to do, I was to deal with photography as well, be it panels, or events. I knew this was a great opportunity to show off some of my photography skills, and to make the news that much better, my 18-135mm diaphragm broke. Yeah!


     So let's start off with the hotel. I met up with a good friend of mine (we'll call him "Waldo"), and he asked if he was willing to share a room with someone over the weekend. He said he was. That's right, he was staying at the Peabody, a rather high-class-ish hotel that was located right next to the west concourse of the Orange County Convention. My Nikon D90 (don't worry, I borrowed a 18-70mm lens) battery was low, so I managed some great....

 ..and not-so-great shots.

Ugh.

So, yeah. I couldn't wait to start work the next day.

I woke up and started my venture towards the West Concourse. (and snuck some solid shots).

     I made it! Thankfully, all I had to do was to walk through this walkway adjacent to the hotel. I arrived at 224-B, where the volunteers were to meet. I was there extra early, so after setting my D90's battery charger on a random power strip, I took a look at my volunteer's schedule and saw that my first job was to do photography duty for the Trina Nakamura/Jaime Marchi panel. After meeting with Russell, the guy handling the video and film, we went straight to room 224 F/G/H (appropriately called the Main Event Room). We were greeted by the guys running the projectors and audio, as well as the hostesses of the panel. Trina Nakamura and Jaime Marchi, for those wondering, are Voice Actresses. Their resumes include Fruits Basket, Full Metal Alchemist, Soul Eater, Blassreiter, etc. I actually loved how down-to-earth they were, and it was a blast talking with and shooting images of their panel.

Here are some shots for you guys.












































To be continued.... (417)

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An Interview with anonymous designer

So, I made a list of questions to further my understanding of how a designer negotiates with a certain client, and I finally set the interview up. The man didn't want his name revealed, sorry guys. While I was getting his questions prepared, I realized that I forgot my pen. He offered me one, and I agreed. The first question I asked was how he uses objective criteria is his negotiations. He didn't quite understand, so I explained it to him. After face-palming himself, he basically said that sort normally applies when he states facts about what and what isn't possible, design-wise and whether or not a design could work, by citing examples. I then asked him a hypothetical question: What happens when a client thinks the design stinks whichever way you look at it? How do you separate the the people from the problem? He said, "Well first of all, if someone acted that way, then I will simply say 'thanks and bye.'" It's great to have clients and all, but if someone is going to be stubborn and mutual benefit simply isn't possible, why drag out the relationship? I agreed wholeheartedly with him. I myself have had clients who demanded that I do certain things like add clip art and lens flare when the result just wasn't going to be portfolio-worthy. The mutual benefit that he looked for was that the client gets his business promoted properly, while he gets to build his portfolio with yet another gem. I got ready for my next and final question. I asked, "Which of the 5 core concerns do you personally believe to be the most important?" He was now getting a drink. He then answered, "None of them are more important than the other, not overall, anyway. Sometimes one can be more important, but most of the time you cannot just generalize on all of them.". I agreed with him, once again. I wish my meeting was longer but he was really busy that day.

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Art Rotterdam 2011

"Where the cutting edge between art and design becomes evident."

I know, another article notwithstanding of Photoshop and Autodesk. I also know that this event, apparently, has already happened. However, interior design does inspire my 3D work. This event is essentially the official side fair of Art Rotterdam, and the international fair for autonomous design. Occuring in the Las Palmas opposite the Art Rotterdam, this event was the first fair in the world, apparently, that focused exclusively on the most current developments of the autonomous world. The participants included Victor Hunt (Belgium), FAT Galerie (France), HELMINDERKNECHT (Germany), Mitterrand + Cramer (Switzerland), Atelier Barbara Broekman, Carla Koch, Eewal, Galerie Marzee, Judy Straten, Louise Smit, Particles Gallery, Priveelollektie, Ra, Rob Koudijs, SI Module | Sandberg Institute Applied Arts, Terra Delft, Thomas Eyck, Vivid Gallery, ZAND Galerie, and Zuiderzeemuseum (Netherlands). These designers are all very solid and creative with there fixtures and sets.

The events within this fair included a live performance from DE PLAYER, "Sound as a Weapon". DE PLAYER is essentially a performance art group that strays the line between experimental music, and visual art. 


Another event was Het Wilde Weten. It is a well known artists' space in Rotterdam. It houses 17 artists and a guest artist. The project space is a public platform for contemporary (my favorite) art, cultural discussions and debate. After last year's success, they will do the second edition of the WildBookMarket, and that is where artists and publishing companies from Rotterdam and around the world can meet and represent their most unique books. Artists from Het Wilde Weten include: Aaike Stuart, Anouk Griffoen, Boris Van Hoof, Dieuwertje Komen, Dirk van Lieshout, Elian Somers, Esther Kokmeijer, Jeroen Bosch, Jan Adriaans, Jetske de Boer, Kim Bouvy, Kim Zieschang, Marcha van den Hurk, Mariëlle Buitendijk, Marijke Appelman, Melle Smets and Sannetje van Haarst.

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Recent Graphic Design Activity (sorry guys)

Mind Bending Time with TimeFX for the IPhone and IPad
Autodesk™ has released a free app for the Iphone and Ipad on the Apple Store, TimeFX. According to the article I have read, what makes this time app different from the many others in the market, is the fact that Autodesk™ is using some fluid dynamics used in programs like Maya that create some pretty cool aesthetics.

LightWave™ Artists Win Visual Effects Society 2011 Award for "Caprica"
(San Antonio – February 14, 2011) NewTek, a worldwide leader of 3D animation and video products, applauds the 2011 Visual Effects Society (VES) award-winners and nominees that count on NewTek LightWave™ to deliver groundbreaking visual effects tools for broadcast and film.

The LightWave 3D® VES 2011 award-winners and nominees are:

Winner: Outstanding Visual Effects in a Broadcast Series
"Caprica"
Airing on the Syfy Channel, "Caprica" is a science fiction family saga that takes place 58 years before "Battlestar Galactica," and follows two rival families as they grow, compete, and thrive in a society similar to our own. Entangled in the technology of artificial intelligence and robotics that will eventually lead to the creation of the Cylons, the two houses go toe-to-toe, blending action with corporate conspiracy.



Michael Gibson, VFX Producer
Gary Hutzel, VFX Supervisor
Davey Morton, VFX Artist
Jesse Toves, CGI Artist

Nominee: Outstanding Supporting Visual Effects in a Broadcast Program
"Undercovers"
From acclaimed writer/producer/director, J.J. Abrams ("Star Trek," "Fringe," "Lost," "Alias") and executive producer/writer, Josh Reims ("Brothers and Sisters," "What About Brian") this sexy, fun, action-packed spy drama proves once and for all that marriage is still the world's most dangerous partnership.
    
Jay Worth, VFX Producer / Supervisor
Andrew Waisler, VFX Supervisor
Ron Thornton, VFX Supervisor
Andrew Kramer, Digital Artist

About The Visual Effects Society (VES)The Visual Effects Society (VES) is the entertainment industry's only organization representing the full breadth of visual effects practitioners including artists, technologists, model makers, educators, studio leaders, supervisors, PR/marketing specialists and producers in all areas of entertainment from film, television and commercials, to music videos and games. Comprised of a diverse group of more than 2,200 members in 20 countries, the VES strives to enrich and educate its own members and members of the entertainment community at large, through a multitude of domestic and international events, screenings and programs.

About LightWave 
NewTek LightWave 3D® combines a state-of-the-art renderer with powerful, intuitive modeling, and animation tools. LightWave 10 is designed to support the creative process, providing the artist with the ability to interact in real time with 3D content, to work seamlessly with the full range of software applications in production pipelines and to render on unlimited render nodes. LightWave is enjoyed worldwide, as a complete 3D production solution for visual effects in film, television, broadcast graphics, print, games, visualization, and the Web, and is responsible for more artists winning Emmy® Awards than any other 3D application.

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What Inspired You To Design?

A cute question to ask yourself today. Why do I love working with shapes, colors, and renders? Most Graphic Designers that I've had the privilege of working with have told me that design is something that they would do for free. The most recent designer I have personally heard this from was Colin Hesterly, a fellow graduate, and overall fantastic Graphic Designer. Now, normally his aesthetics are reminiscent of the 50's and 60's, as a matter of fact, his buddies also had a liking for that style. Looking at that, I instantly believed it. He genuinely took something that he loved (50's movies) and mixed it with his skills of motion graphics. That's what drives him. (I'd think)


I started off as a fine artist. As a kid, One of my favorite places to hang out was the Orlando Museum of Art.  I also visited the art festivals around Orlando, Florida, like ones held at Downtown Disney. They held panels from around the globe, and I was always wondering about what made someone look at something. I ended up painting some of my own pieces, acquiring a taste for ink and wash painting. Quite funny, in College, I have learned that the fundamental difference between fine art and graphic design was that in graphic design, it was mandatory to have a point. It was no longer about displaying what you felt 100% of the time, you actually had to think. It initially scared me, I'll be honest, but whenever I had a client, I would take some of the art elements I have learned (rule of thirds, color) and mixed it with my new found love for illustrations and photography.


Speaking of vector illustrations, that was the gateway form of graphic design that won me over to going to school. I remember looking at designers in the web, like Poked Studio. The simple shapes that somehow exuberated character. The textures within assets, somehow blending well with these flat colors. I wanted to learn that. So, I bought CS2 before college, and made banners for people in Photoshop. Silly me. When I learned the benefits of Illustrator in college, I wanted to hit myself. "The imagery is infinitely scalable??" I thought. I also didn't like the pen tool, a tool that many Graphic Designers need to complete their compositions. Now, I can't work past the bezier handles, haha. Scary enough, now I work on vector illustrations, motion graphics, photography, and 3D more than I do digital painting, a natural transition for a fine artist.


I will show the first Graphic Designers that influenced me to look into their portfolio, and in turn, go to school, and look for a career of my own.

Poked Studio

Gary Fernandez

Nick La

Erickson Enrique

So what inspires you to lose sleep and hygiene for this great occupation? Leave me a comment!

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