Tuesday, April 29, 2014

Communicating with Images Task 5 - Logo Interpretation



Google Logo Interpretation
In 1998, Sergey Brin created a computerized version of the Google letters using the free graphics program GIMP. The typeface was changed and an exclamation mark was added, mimicking the Yahoo! logo. "There were a lot of different color iterations", says Ruth Kedar, the graphic designer who developed the now-famous logo. "We ended up with the primary colors, but instead of having the pattern go in order, we put a secondary color on the L, which brought back the idea that Google doesn't follow the rules."

In 2010, the Google logo received its first major and permanent overhaul since May 31, 1999. The new logo was first previewed on November 8, 2009, and was officially launched on May 6, 2010. It utilises an identical typeface to the previous logo, but the "o" is distinctly more orange-colored in place of the previously more yellowish "o", as well as a much more subtle shadow rendered in a different shading style. On September 19, 2013, Google introduced a new "flat" (two-dimensional) logo with a slightly altered color palette. The old 2010 Google logo is still used on some pages, such as the Google Doodles page.

It might be that colors are assigned to letters according to whether their positions represent a prime number or don’t. Thus letters number 1, 2, 3 and 5 (all of them prime numbers) have a distinctive or “prime” color assigned: blue, red, yellow and green. Letters number 4 and 6 (not prime numbers) repeat colors -no longer “prime colors”- in the same order that such colors were assigned in the first time: blue and then red. If the sequence were to continue with new letters, the next letter, number 7, should have a new or “prime color” since 7 is prime; letters number 8, 9 and 10 should repeat colors in the pre established order: yellow, green and the same as 7′s; letter number 11, also a prime number, should have another new color, and so forth.


Communicating with Images Task 5 - Create own logo

Task 5 - Create own logo

Sketch 1

Sketch 2

Outer me and Inner me

Interpretation
The outer me which is the smiling clown. I always act as a clown among friends to entertain them, make them happy and smile all the time. I am always the center of joy for friends. Be my friends and you can be happy all the time.

The inner me is... terror...from my look you will never thought that I am stingy and getting angry over little things. I love leopard skin so my logo have leopard on it. A sharp teeth in the mouth means that I am tit for tat. Do not make me hate you or you will get hurt badly in the end because I will tear you apart. 

So you wanna be my best friends or worst enemy? 

Final - my own style logo
So cute...laugh out loud...

Friday, April 18, 2014

Professional Practice Task 4 - Research

tudents need to research on these following topics:
1. copyright
2. trademark
3. patent
4. trade secret
5. intellectual property and how it protected
6. model release form
7. royalty free (RF) and rights managed (RM) for photography and illustration
8. piracy
9. counterfeiting
10. Definition of "engagement" or "appointment" in areas of fashion design/graphic/advertising standard contract agreement.

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Copyright:
Copyright is a legal concept, enacted by most governments, that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator of intellectual wealth (e.g. the photographer of a photograph or the author of a book) to receive compensation for their work and be able to financially support themselves.

For a copyright to apply to a work, it must be an original idea that is put to use. The idea alone cannot be protected by copyright. It is the physical use of that idea, such as an illustration or a written novel that is covered under copyright law.

Copyright is a form of intellectual property (as patents, trademarks and trade secrets are), applicable to any expressible form of an idea or information that is substantive and discrete. It is often shared, then percentage holders are commonly called rights holders: legally, contractually and in associated "rights" business functions. Generally rights holders have "the right to copy", but also the right to be credited for the work, to determine who may adapt the work to other forms whose may perform the work whose may financially benefit from it, and other related rights.



Copyright Symbol

Cost of enforcing copyright:

In most jurisdictions the copyright holder must bear the cost of enforcing copyright. This will usually involve engaging legal representation, administrative and or court costs. These costs, including time, should be taken into consideration when evaluating the benefits of enforcing copyright. In light of this, many copyright disputes are settled by a direct approach to the infringing party in order to settle the dispute out of court.

Several exclusive rights typically attach to the holder of a copyright:
·         to produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies)
·         to import or export the work
·         to create derivative works (works that adapt the original work)
·         to perform or display the work publicly
·         to sell or cede these rights to others
·         to transmit or display by radio or video.
The phrase "exclusive right" means that only the copyright holder is free to exercise those rights, and others are prohibited from using the work without the holder's permission

Duration for Copyright:
Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work (e.g. musical composition, novel), whether the work has been published, and whether the work was created by an individual or a corporation. In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years.


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Trademark:
A trademark, trade mark, or trade-mark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher or on the product itself. For the sake of corporate identity trademarks are also being displayed on company buildings.
·          (the "trademark symbol", which is the letters "TM", for an unregistered trademark, a mark used to promote or brand goods)
·          (which is the letters "SM" in superscript, for an unregistered service mark, a mark used to promote or brand services)
·         ® (the letter "R" surrounded by a circle, for a registered trademark)


There are many different types of distinctive marks that are classified as trademarks. 


1.      Name
Coco Chanel is a perfect example of a name that is a trademark.  The famous designer Coco Chanel built her successful fashion empire by using her name.  People knew that if they were to purchase a Coco Chanel product they were going to receive quality craftsmanship.  Through her reputation of having excellent taste, her name became recognizable around the world.  Her name is considered a trademark because it is also the brand name of her company and is used to distinguish herself from other designers and generic clothing manufacturers.



2.      Symbol
The McDonalds golden arch is a classic example of a symbol trademark.  Golden arches align interstate highways to alert customers when there is a McDonalds located at next exit.  There is no mention of the name McDonalds on these golden arches.  McDonalds does not need to.  There customers know that a golden arch represents McDonalds.  Their golden arch symbol clearly differentiates them from other fast food restaurants.


3.      Catchphrase
A catchphrase that is identifiable to a person or company that is used to sell merchandise can be trademarked.  Donald Trump’s “You’re Fired” is a perfect example of a trademark catchphrase.  Donald Trump uses his catchphrase on his reality television show “You’re Fired”.




4.      Figure or Mascot
 A classic example of a trademark character is Geico’s talking gecko.   Geico’s talking gecko was featured in many commercials advertising Geico’s insurance.  The gecko became a mascot to the company.  This talking lizard is now recognized by thousands of American households nationwide.

5.      Lyrics
A songwriter’s lyrics are trademarks.  Bob Seger and the Silver Bullet Band made a hit single song “Like a Rock” in 1986.  In 1991, this song helped Chevrolet bounce back from a near bankruptcy situation.  The “Like a Rock” commercials were so successful that these commercials were used for over ten years.  Chevrolet paid Seger royalties for licensing his trademark, “Like a Rock”.


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Patent:
A patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a process. Patents are a form of intellectual property.

Simply say it is a government authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention. It is a right granted to the owner of an invention that prevents others from making, using, importing or selling the invention without his permission.

A patentable invention can be a product or a process that gives a new technical solution to a problem. It can also be a new method of doing things, the composition of a new product, or a technical improvement on how certain objects work. Once it is granted, its term of a patent is 20 years from the Date of Filing, subject to the payment of annual renewal fees.

What can be patented – utility patents are provided for a new, nonobvious and useful:
·         Process
·         Machine
·         Article of manufacture
·         Composition of matter
·         Improvement of any of the above
Note: In addition to utility patents, encompassing one of the categories above, patent protection is available for (1) ornamental design of an article of manufacture or (2) asexually reproduced plant varieties by design and plant patents.

What cannot be patented:
·         Laws of nature
·         Physical phenomena
·         Abstract ideas
·         Literary, dramatic, musical, and artistic works (these can be Copyright protected). Go to the Copyright Office .


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Trade Secret:
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers. In some jurisdictions, such secrets are referred to as "confidential information", but are generally not referred to as "classified information" in the United States, since that refers to government secrets protected by a different set of laws and practices.

Simply says it is any valuable commercial information that provides a business with an advantage over competitors who do not have that information is called trade secret.


Intellectual property and how it protected:
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

How it is protected?
1.        Patents 
When you register your invention with the government—a process that can take more than a year—you gain the legal right to exclude anyone else from manufacturing or marketing it. Patents cover tangible things. They can also be registered in foreign countries, to help keep international competitors from finding out what your company is doing. Once you hold a patent, others can apply to license your product. Patents can last for 20 years.

2.        Trademarks 
A trademark is a name, phrase, sound or symbol used in association with services or products. It often connects a brand with a level of quality on which companies build a reputation. Trademark protection lasts for 10 years after registration and can be renewed "in perpetuity". But trademarks don't have to be registered. If a company creates a symbol or name it wishes to use exclusively, it can simply attach the TM symbol. This effectively marks the territory and gives the company room to prosecute if other companies attempt to use the same symbol for their own purposes.

3.        Copyrights
Copyright laws protect written or artistic expressions fixed in a tangible medium - novels, poems, songs or movies. A copyright protects the expression of an idea, but not the idea itself. The owner of a copyrighted work has the right to reproduce it, to make derivative works from it (such as a movie based on a book), or to sell, perform or display the work to the public. You don't need to register your material to hold a copyright, but registration is a prerequisite if you decide to sue for copyright infringement. A copyright lasts for the life of the author plus another 50 years.

4.        Trade secrets 
A formula, pattern, device or compilation of data that grants the user an advantage over competitors is a trade secret. It is covered by state, rather than federal, law. To protect the secret, a business must prove that it adds value to the company - that it is, in fact, a secret - and that appropriate measures have been taken within the company to safeguard the secret, such as restricting knowledge to a select handful of executives. Coca-Cola, for example, has managed to keep its formula under wraps for more than 117 years.


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Model Release form:
A model release is a legal release signed by the subject of a photograph or video granting permission to use or publish the photograph or video in one form or another.

No release is required for publication, as news, of a photo taken of an identifiable person when the person is in a public place. In general, no release is required for publication of a photo taken of an identifiable person when the person is in a public space unless the use is for trade or direct commercial use, which is defined as promoting a product, service, or idea.

If you are including in your item the face or identifiable features of any person on video, photograph, or a traced illustration, you will need a signed model release from that person.


One of the example for a model release form

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Royalty free (RF) and Rights Managed (RM) for photography/illustration:
Royalty free (RF)
Royalty-free, or RF, refers to the right to use copyrighted material or intellectual property without the need to pay royalties or license fees for each use or per volume sold, or some time period of use or sales.
This is a type of license which allows the purchaser to do pretty much anything they want with the image. This also means that the purchaser has the right to use the image as many times as they want for as long as they want, without needing to pay any additional fees. The number of times that the image can be used is normally unlimited, which is easy for the purchaser. The price that you charge will normally be based on the size of the image.
You may use and publish the clip art, images, music per the specified terms of usage but may not sale or distributed to a 3rd party.


Royalty Free Images

Rights Managed (RM)
Rights Managed, or RM, in photography and the stock photo industry, refers to a copyright license which, if purchased by a user, allows the one time use of the photo as specified by the license. If the user wants to use the photo for other uses an additional license needs to be purchased. RM licences can be given on a non-exclusive or exclusive basis. In stock photography RM is one of the four common licenses or business models together with royalty-free, subscription and micro.
This is a more limited type of image licensing, which gives you much more control over what your image can be used for.
You will be able to restrict the number of times that the image is used, where the image is used and how the image is used. It's also possible to restrict use of the image to a certain geographic region. Sometimes, you might want to use this method to prevent the photograph being used for advertising, which could cause problems if you do not have a model release form.

Difference between Rights Managed and Royalty Free:
If you want to sell Rights Managed images, then it will be possible to make more per image. However, to make this attractive to customers, you must make your images look much better. If there are any images that you are particularly proud of, then you will need to protect these by using rights managed licenses.

A royalty free image is much easier to produce because you don't need to edit it as much. These are sold at a low price, however, it's possible to sell more of them. The images can be used in numerous different ways and anything can be done with them.

You will normally only be able to sell rights managed photographs in small batches. If you are interested in piling them high and selling them cheap, then you need to look into Royalty Free licensing. Rights Managed will normally only be suitable for more experienced photographers with chosen experience.


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Piracy:
Like fonts, software is also licensed. When you buy software you are purchasing a license to use it. It is the intellectual property of those who created it. Without permission from the manufacturer or publisher, it is illegal to use it. In addition to being illegal and preventing software developers from being fairly compensated, pirated software can cause bugs, viruses, and system crashes. Users also lose the benefit of being able to upgrade and get support Pirated software gets into the market and onto computers in numerous ways. People often don’t even realize they are using it. Following are the different types of software piracy that graphic designers need to be aware of.

End-User Piracy
         Using one licensed copy to install a program on multiple computers or servers
         Copying disks for installation and distribution
         Acquiring academic or other restricted software to use for an unqualifi ed purpose
         Swapping disks inside or outside of the workplace

Internet Piracy
         Online distributors offering special deals supposedly on behalf of the software publisher, such as inventory liquidation or bankruptcy sales
         Internet auction sites that offer counterfeit, out-of-channel, or otherwise pirated software
         Peer-to-peer networks that enable unauthorized transfer of copyrighted programs (if it’s an upload of someone else’s software, it’s probably illegal)

Hard-Disk Loading
This occurs when a business that sells new computers loads illegal copies of software onto the hard disk to make the purchase of machines more attractive. To avoid this make sure you purchase your hardware from reputable service providers that provide you with a receipt of all original software licenses, disks, and documentation.

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Counterfeiting:
To counterfeit means to imitate something. Counterfeit products are fake replicas of the real product. Counterfeit products are often produced with the intent to take advantage of the superior value of the imitated product. Counterfeiting is the practice of manufacturing goods, often of inferior quality, and selling them under a brand name without the brand owner’s authorization. Generally, counterfeit goods are sold under a trademark that is identical to or substantially indistinguishable from the brand owner's trademark for the same goods, without the approval or oversight of the trademark owner. Many well-known brands, spanning various industries, are victims of counterfeiting. Counterfeiting can be distinguished from traditional trademark infringement or passing off, which involves the use of confusingly similar trademarks or service marks on or in association with similaras opposed to fakeproducts or services. The manufacturing of counterfeits is most prevalent in developing countries with a strong, inexpensive manufacturing capability, including many nations throughout Asia (such as China and Taiwan), although counterfeit goods are sold around the globe. Counterfeits are manufactured to a lesser degree in developed countries. 

Software Counterfeiting
This occurs when pirates deliberately and illegally duplicate and sell copyrighted material, often making it appear to their customers that they are purchasing an authentic product. Illegally copied and sold software is not eligible for support, training, or upgrades. You may not be able to register it, so it may not work properly. To ensure that software you purchase is not counterfeit, only buy from authorized sellers and make sure that you get the original user materials (manuals, registration cards, and licenses) and that you get a receipt with your purchase. When working with outside vendors only work with reputable service providers that maintain licenses and documentation for the software that they use.

Different between Piracy and Counterfeiting:
The term "counterfeit" describes fake goods. The term "piracy" describes the act of reproducing movies, music, books or other copyrighted works without permission from the copyright owner.


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Definition of ‘Engagement’ or ‘Appointment’ in areas of fashion design/graphic/advertising standard contract agreement:
Engagement letter is a written agreement to perform services in exchange for compensation. Engagement letters are traditionally used by certain professional service firms, particularly in the fields of finance, accounting, law and consulting to define the specifics of the business relationship. Normally, the letter is sent by the service firm to an officer of the engaging company. Once the officer has signed the engagement letter, the letter serves as a contract.


Sample of an Engagement Letter