Sessions Online Schools of Art and Design's Notes

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They have been doing it since 2001, and Coroflot’s Design Salary Surveys continue to illustrate why design is actually a pretty practical career choice, regardless of what Mom and Dad said. Despite our recession — or the euphemistic “super recession” I’ve read it labeled as of late (That’s just a Depression, no?) — design salaries are growing, as are job opportunities. By the way, I want to know who the Interaction Designer is that is making a cool $Million. Check all of the design salary surveys here.

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If you like street art then the Wooster Collective is so deep in examples of outsider art that you are sure to find work that will make you want to go on a stickering or stenciling mission in your home town. I’ve been a fan ever since I found an original Adam Neate painting on the street in SOHO way back in 2002, and had no idea it was by Adam Neate (nor who Adam was) until Marc Schiller of the Wooster Collective agreed to have a look. Then I interviewed Marc, and interviewed Adam, and have not stopped looking at the Wooster Collective website since.

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Adam Neate, self-portrait

Q: When I presented Marc Schiller of the Wooster Collective with your painting he immediately knew that it was your work. After visiting your Web site it became clear you’re a prolific and talented artist. What motivates you to create art and, even more intriguing, give it away by placing it on the street for people like me lucky enough to happen by?

Adam: I paint purely for the love and enjoyment I get from the feeling of creating something, be it a doodle on a piece of cardboard or a 6ft wall. After the process of creating something I lose interest in the final end product. I no longer want to see it. The egotist thrives on completing an acceptable painting. He will stand for hours looking at his own achievment. The egotist will call himself an “artist”… I just paint on stuff. The walls of my home are bare. For me art is not for hanging, but more for experiencing oneself.

Q: I think a lot of people would find your approach to life very romantic…but ya’ have to eat. How do you make money? You sell your art on your Web site…do you also have shows and do you do any commercial art?

Adam: No, I have a regular 9-5 job like most normal people. In modern society to survive as a full-time commercial artist you gotta be more like a business man who can use a paint-brush. I try and keep my art to myself. If I were to attempt to market my creativity, the value of my inner integrity would drop.

Q: Can you tell us a bit about your technigues? Do you do any digital design?

Adam: It all depends on what I can get my hands on. Very recently I have been playing with digital stuff, though you can’t beat a brush or a spraycan when it comes to the fun element.

Q: Are you formally trained in any way?

Adam: I always knew I wanted to paint, so for me I didn’t feel the need to go to college to do something that I naturally had it in me to do. Instead I decided to do a design degree, which for me is kind of like art without the soul, but which used in the right way can help put food in the fridge for you and your family. Design is more of a combination of pre-meditated thought processes, as opposed to the wild abandon of loosing your mind at 2am on 20 canvases on your living room floor. Design for me is kind of my personal “dark-side” in a starwars type of way.

Q: We have readers from all over the world. Any particular cities that readers should keep their eyes peeled for your work?

Adam: I’m afraid it’s mostly confined to my local dwellings of East London. Though hopefully an occasional trip overseas may happen again one day.

Adam Neate website: http://www.adamneate.co.uk/

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Philip Johnson's Glass House - Photo: Paul Warchol


Allow me to be the last to tell you that these videos produced by Cool Hunting are addictive and short jolts of creative inspiration that will keep you coming back. I subscribe through iTunes so they are fed to my iPhone and when the need arises, the next thing you know I’m watching a new interview with Alberto Allessi or this feature on Philip Johnson’s Glass House. All the videos are listed here.

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I have trouble keeping a secret.

But I delight in finding them. An author’s inside joke, a superfluous self portrait, well-designed error pages, virtual Easter eggs, are all fun secrets to uncover in design.

One of my design heroes, Ootje Oxenaar, added bonus elements in his designs for Dutch money. He says: “On the 1000 guilder note, it became a ’sport’ for me to put things in the notes that nobody wanted there!” His beloved rabbit, fingerprints, notes from his travels, are all hidden like secrets within the bank notes.

Detail from “error page” on mica’s website: www.mica.edu/404, design by Emily Bennett


As a student, we shared an unpublished key command for Quark Xpress that conjured a robot to shoot and destroy unwanted objects. Moviegoers even sit through the closing credits seeking a coda, or an extra scene, after the names roll. Gamers watch for Easter eggs as much as they seek to advance to the next level.

Finding these secrets is a reward the distinguished user, the one who seeks out the details of a design. Have you ever designed a secret in your work? Found one that you want to share? Post here.

Check out this great gallery of 404 pages that boast design consideration even when an error page loads.

From the NoD Sponsor:

Sessions Online Schools of Art and Design is an accredited online graphic and web design school offering:

- Graphic design classes and graphic design Certificate Programs taught by renowned design instructors.

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You asked your legal, copyright, and trademark questions, and Jean has answered! All questions are culled from the comments section attached to the original ‘Ask Jean’ post. We invite you to ask more questions.

NoD reader Shannon says:

I have a friend that was contacted by another party who has trademarked the same production company name my friend uses. Unfortunately, my friend never trademarked the name but does hold the longer dba (since 2001; opposing party since 2006). The email indicated that my friend may have to discontinue using the name. My friend’s company is for Graphic Design; the other company has a trademark for video and film production only.
My questions are as follows: – Would my friend have any legal recourse to continue using the name as she had a dba first, even though she did not trademark the name? – If so, would it behoove her to fight for the right to use that name? In other words, what would need to be done in order to notify the other party? Would this require a letter from an attorney? And if so, what should my friend expect to pay? Essentially, would the end justify the means? – If not, in your opinion, by adding the word “Graphics” to the name, would that negate any conflict of interest as the trademark only registered for video and film production; not Graphic Design?
Would love to hear your thoughts. Thanks so much!
Shannon

Hi Shannon:

Your friend needs to discuss this with a trademark lawyer. She may be the prior user of the mark and that may give her rights to her mark that are greater than the registered trademark owner. Using the name as a dba alone does not create trademark rights, but it sounds like she’s been using the mark longer. It will cost money to have an attorney negotiate an agreement which would allow her to keep her mark. Any attorney she sees will be able to give her an estimate based on all the information. Adding words to the name doesn’t solve the problem without an agreement. Whether it’s worth it depends on whether she wants to keep using her trademark. If she’s been using it since 2001, my guess would be it is absolutely worth it.

- Jean

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You asked your legal, copyright, and trademark questions, and Jean has answered! All questions are culled from the comments section attached to the original ‘Ask Jean’ post. We invite you to ask more questions.

NoD reader Rochelle says:

Hi Jean,

I’ve been asked to write for a character in a series of comic books. Should the publisher and I do a licensing agreement or writer-for-hire? When I decide to spin-off from that character to the character of my own creation what type of agreement should I obtain under those conditions?
-Rochelle

Hi Rochelle:

I would be very surprised if the Publisher did not give you a work for hire agreement to sign. If you are considering spin offs they have to be specifically exempted from your work for hire agreement otherwise you will not have the rights to do anything related to the original character. All rights will belong to the Publisher. Do not sign anything until you have an attorney review it for you.

- Jean

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Note: This is part 5 in an 8 part series by design instructor and NoD author Dave Holston. To view Dave’s previous entries please click here.

Strategy guru Michael Porter states that the underlying idea behind strategy is alignment, that is, getting employees to make good choices based on a common value proposition. The reinforcement of the proposition is critical, and must be expressed through every aspect of the organizations culture, in particular the design of its communications, products and services.

For designers, the client’s business strategy is an essential ingredient in making design decisions. Through business research designers answer the question, “how do we articulate the client’s strategy through design?” Design’s role in supporting strategy takes on many forms, including bringing efficiencies to the design process and the development of products, services and communications; through its ability to create awareness and desire with target audiences; and through brand differentiation.

By understanding what the client hopes to achieve, their strengths and weaknesses, who they are competing against and the environment in which they are conducting their business, designers can begin to develop meaningful solution. This can be a challenge, as getting clients to express their need is often difficult. Clients are sometimes “too close” to their work to be objective, and designers often end up getting partial or misdirected information from them. But through questioning, designers can help clients discover design solutions that are aligned with their business goals.

Business research centers on three key areas: mission, competition, and the business environment. There are any number of basic business analysis tools that can be adopted by designers to gather valuable insight into these areas. These tools provide a common language as well as a means to frame discussions with clients.

Mission and vision statements
Understanding the mission and vision of the business is the first step. The mission and vision statement of the client expresses the reason for the businesses existence, who they serve and where they want to go in the future. Mission and vision statements have gotten a bad rap over the years for their use of meaningless jargon and vagueness. But when well crafted, these statements can act as a compass for design decisions. Mission questions include; why are we in business, what do we do and how do we do it? Vision questions include; where do we want to grow, what objectives will we pursue, and what do we need to do to get there?

Goal development and SWOT analysis
The goals of the organization are based on the mission and vision. As part of defining the organizational goals, an internal audit can be conducted. SWOT (strengths, weaknesses, opportunities and threats) analysis is a simple tool that can be used to create a picture of the organization, identifying where it can grow, where it needs to build, and what it should watch out for. The SWOT ensures that goals make sense in the context of the mission and vision, the organization’s competencies and the business environment.

Goal prioritization
Often there are a number of goals that vie for resources. An important function of strategy is pairing down goals to those that are most important and feasible. Organizations that try to be all things to all people are generally spread too thin to be strong in anyone area, making them vulnerable to competitors. To prioritize the client’s goals designers can take their clients through a simple exercise of listing organizational goals, rating each goal based on feasibility and importance, then mapped the results onto a matrix. Goals that are both high in importance and easily achievable should be tackled first. This exercise reinforces the idea that strategic differentiation is based on being able to say “no.”

Core competencies and differentiation analysis
Once the most important goals have been identified, it is then time to define a competitive strategy. Differentiation strategy, in which a business promotes a unique value that they can provide customers, is the basis of all competitive strategy and is often expressed through the design of products, services and brand. A common tool for conducting differentiation analysis is USP (Unique Selling Proposition) analysis, in which the needs of target audiences are listed, then assigned a number rating based on how well the organization and its competitors meet each need. Once plotted, areas of differentiation can be identified and built upon.

Business environment analysis
The environment in which the organization is competing is also critical to design decision-making. For designers, cultural mores, trends, the political atmosphere, environmental and sustainability issues and technological trends should all be considered when developing design solutions. PEST (Political, Environmental, Social and Technological) analysis is a simple and accessible tool designers can use to consider these outside influences.

Through the use of business research designers can achieve several things. From a client/designer relationship perspective, questioning provides opportunities for designers to position themselves as strategists who are not solely focused on aesthetics, but see their work as an integral part of moving the organization’s strategy forward. By doing this they build respect and trust in the relationship by providing a rationale for their design decisions. Ultimately research ensures that designers are providing design solutions that are aligned with the organization’s overall strategy. It’s important to remember that designers are not expected to be business analysts, but that by asking the right questions they proved an added level of value to their clients and ensure that their work is targeted to meet specific business needs.

Once the business objectives and strategy are understood, then the next step is to look at the audience.

Business is competitive. Organizations that are able to out maneuver their peers through a combination of cost, focus or differentiation strategies, and are skilled at negotiating with suppliers and customers for an advantage, generally win.

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You asked your legal, copyright, and trademark questions, and Jean has answered! All questions are culled from the comments section attached to the original ‘Ask Jean’ post. We invite you to ask more questions.

NoD reader Stephen says:

Hi Jean -
Thanks for keeping up to date such a great resource.
My question relates to work I did for a client in late ‘05-’07. During this time I performed a number of strategic and creative (i.e. product naming and initial logo mocks which were communicated to client via email). Since, the relationship has gone sour.
The former client filed federal trademark registration a week after our name suggestion and it is currently published for opposition for the past year (another brand is opposing). The product has just launched.
My question is, does my firm own the copyright or common law trademark to the name? What legal rights does that give us over the usage of the name, if any?

Hello Stephen:

It all depends if you have a contract with your client in which you transferred the rights to them. If you did, you have no rights. If you didn’t, you own a copyright in the logo design. You do not own any trademark rights in the name.

- Jean

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You asked your legal, copyright, and trademark questions, and Jean has answered! All questions are culled from the comments section attached to the original ‘Ask Jean’ post. We invite you to ask more questions.

NoD reader Cath asked:

We purchased an original piece of art from our neighbor. Last Sunday she asked to borrow it back to make prints. My spouse and I orally said ok, and the neighbor took the piece from our home. Due to other issues with this neighbor my spouse and I have decided against letting this neighbor use our piece of art. I have called her home and her cell and informed her that we have revoked our permission, and request immediate return of our art. I understand she owns the copyright to this piece, I do not have intent to copy or redistribute it. Do I have to let her copy it for prints after we have purchased it from her? Thank you in advance for your response.
Be well. Cath

Hello Cath:

As you pointed out, even though you own the artwork itself, your neighbor owns the copyright to the work and has the right to make prints from it. You can’t revoke permission that you do not have the right to give. Your mistake was relinquishing possession. (It is 9/10th of the law, after all.) My advice would be to give her a deadline after which she has to return the painting or the money that you paid for it.

- Jean

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