"Fair Use"

A recent article in USA Today prompted me to research the copy right laws for "fair use" of a work of art. The USA article referenced Shepard Fairey's "Hope" poster of President Obama, which was widely circulated on posters, stickers and canvases across America.

"The image is the subject of a copyright dispute with The Associated Press. Fairey argues his use of the AP photo is protected by "fair use", which allows exceptions to copyright laws based on how much the original is used, what it is used for and how the original is affected by the new work."

The following points of section 107 was listed in the copyright law here: http://www.copyright.gov/fls/fl102.html

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;

2. the nature of the copyrighted work;

3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. the effect of the use upon the potential market for or value of the copyrighted work.

Keeping all of this information in mind do you think Shepard has a "fair use" case?

Twitter : What’s it worth to ya?

Well, let’s see….. twitter is fast becoming the new social forum of the year 2009. So I’d say it’s pretty darn important to jump on the bandwagon and count yourself in.

Twitter is a unique kind of communication and once you’re INTO it on a daily basis you’ll understand how amazingly fast your messages can be put out there. Not only that but you will receive blasts of information that may be useful for you.

Take it from me, I like the old style forums where you answer and receive messages in a “Word doc” like thread from others that you have waited for a reply. It is a great way to bond, swap ideas and do business. But with twitter you can achieve the same results… but faster.

For one you can use #hashtags in your tweets. #Hashtags mark any topic you want to tweet about and give others a place to tweet information or comment back about a specific topic. ie. > #design or #iphone Just try typing in your twitter search box #design and see what comes up… amazing! An entire conversation of individual tweets that you’ve been directed to by entering a #hashtag.

#Hashtags are only one way you can communicate to other tweeple. An easy and obvious way to tweet is right from your home tweet page. You have the option to “directly reply” to another tweeter by using their tweet name ie. @TheMerryBird (that’s me!)

Gaining more followers is the goal on Twitter. I’m finding the top tweeters that have thousands of followers often RT. RT is short for Retweet. When you RT you are basically reading information from another tweeter and think it’s important enough to share with other tweeters, so for example if you like this very article link -- RT @themerrybird Twitter: what’s it worth to ya? -- you RT it so another fabulous twit can have the information. RT basically moves the first twit with the idea around but also lends to exposure of your own Twitter page where tweeple will most likely want to stop in and read your bio. (don’t forget to fill in your twitter bio!) Try following top tweeters and see what they are up to. The number one tweeter is @BarackObama – over 150,000 followers.

There are many facets to twitter but some handy dandy tools like mycleenr.com can take an overview of your followers and tell you how often they tweet and the last time they tweeted. If you see a follower in your list that hasn’t tweeted in months then…delete them as they are only dead wood, of no use, incognito, Finished!



Another useful place I’ve found on twitter is their very own HELP button! Once opened you can see a list of useful places to visit that will inform you about the ups and downs of twitter. For one, status.twitter.com is a worthy stop as it informs you to what is happening with twitter on a technical level. The issues that may arise in front of you may really happening everywhere so don’t think your PC/mac is the only one with a whale of a day. For example, the latest crush on twitter was the follower counters weren’t registering new follower numbers or losing thousands of them all together. Devasting to the twitterer that built thousands of followers… hey it’ll come back!

Twitter can be used in a multitude of ways you only need to open a twitter account and explore – I’ve just brushed the surface… go follow me and tweet me a message. Let me know what you find! @themerrybird

2009 Stationery Trends

While taking some time to read about TRENDS in stationery design, it was brought to my attention that even in the worst of economic time’s stationery can thrive. New paper products, colors and themes set a tone and provide the least expensive way to “give” a tangible thought while keeping a consumer budget in check.

The following trends as quoted from Greeting’s etc. magazine forecast the upcoming year of successful buys. Items with environmental “emphasis” and papers that save our world are very popular for the "green movement". Stationery will have edgier designs, urban and bolder appeal. Patterns will be more evident and graphic patterns that “bleed” off paper edges will still be successful.

Of course, technology and the digital revolution is only touching the surface of what will be available. Color Gray is gliding into the room as a backdrop for design elements. Simplicity will take the forefront in elegance.

Organized consumers will reach for funky designs on file folders, calendars and journals. Items that scream fun or funny will be a fine catch to the consumer that is on!

Bring on 2009!

A Short on The Latest Trend in Logo Design

Did you notice Wal-mart, Pepsi and many other companies out there are changing the face of their product logos? It’s not uncommon to change or re-brand a product image and today the logo trends are moving fast and furious.

Clean lines and more intense colors are being used in the upcoming year. I would go as far as to say 80’s electric colors and geometric figures are returning but will appear in new millennium forms and shapes.

Give photoshop a pat on the back for their filters but the present logo trend will be moving away from “filtered” images and tricks of the trade. Get creative!

Patterns are still popular as ever and will continue to be.

Shades of recycle “green” I believe will continue to be popular as the world is ever “greening” – though no one here said it would be that unique anymore!

The Merry Bird features hand drawn technical, graphic, and typography logo’s. When you are in the market for a new logo Choose wisely and Know what’s going on in world of design!


Ref.: logolounge.com

Resolutions for a Happy New Year

Once again it’s time to ring in the New Year! A time to rejuvenate old resolutions and create new ones. Looking back over 2008 and the resolutions I had regarding my family, I fulfilled many that I thought would get lost in the shuffle. I became more involved in building my children’s social network by participating in more playgroups, library times and having them join in activities like swim lessons! Building cognitive and learning skills by reading to them every night and keeping up with writing the ABC’s. I’ve added new things to my shopping cart to keep everyone’s taste-buds happy! And also, researched new ways to accomplish home renovations and persevere with my husband to keep the home front moving! All in All, a success.

On the business resolution list I reached for many goals and achieved a lot of them. I worked on a new line of notes, became more involved in offline festivals and circulating TheMerryBird.com name. I figured out ways to market online and off utilizing $0 money down through social networking. By sharing with others I found new printing options and designed a quality stationery product. Another resolution for business was to add a service that people could use to help facilitate their own business, logo design.

A social friend asked me what made this list of resolutions successful? How did you do it? I came up with a short but sturdy list in my mind that I believe kept me from falling off the resolution wagon.

1.) Perserverence

As with anything you do, if at first you don't succeed try, and try again! Keep going and don't give up!

2.) Consistency

Reaching for a goal takes more than a just having one. As with any goal you have to create a path to get to it and follow it along. If the path turns in the wrong direction, pick yourself up and find the right track. Being consistent on any road will bring you to where you want to go!

3.) Positive thoughts and visualization

Always think positive and visualize what you want to happen! Whether it be having your child become a reader overnight or having a great customer base for your business, positive thoughts and visualization will get you there. Be consistent with your thoughts and try this method! It really works!

Overall 2008 was a successful year. With the help of local groups and online ones like, Women Business Owners, Women in Networking and other fantastic business groups, my business revenue increased 2x since 2007 and it feels good!

Despite the outlook for the economy and spending habits of consumers, the right doors will open and hopefully there will be wind beneath TheMerryBird.com’s wings! I’m looking forward to another great business year ahead! Fly in! http://www.themerrybird.com/

Have a Happy Fulfilled New Year 2009!

-- Kristine Sheehan

The Difficult Client

With much experience and years of cultivating relationships with clients there is always one client that stands out… the one that is Difficult to work with. This person is someone that you least expect to pounce on you. This person is someone that chooses you to work with and in turn is a client that you have accepted to work for. At the onset of the job all starts off well. A deposit is received and the design process begins. You follow your design processes and begin to work closely with the client.

First a design brief is completed by the client. A design brief includes questions that will help the designer learn what the client’s business is about, what the client needs and wants. Now having a certain understanding about the person and their business you begin researching images and think about how to approach the new design. The client offers her ideas, and images that make her happy. You oblige.

Ok! Sketch, Sketch, Sketch and tumble the ideas in and out of your mind. The first design is presented to the client to give her an understanding of the direction you are headed. Immediately blood rushes to her head and you are attacked for not having the correct size, color or shape. And to top it off, she has already scrapped a copy from the Private web link you provided and brought it to an online printer for sample business card viewing. You, a mind reader should already know where this is headed.

Wow! Stand back! Be open to learn about what the client likes and dislikes about the first design being offered. It is important to listen and understand. 1.) You are the expert in this area and know she has missed the point on how the process between client and designer works. You know best. 2.) Reassure her that the image is only the starting point of where you can go. Working together will bring the end result she desires. 3.) Don't forget to have watermarks on your work!

This method fails. She resists and closes you down before you can take the next step. You now have no where to go with the client. She didn’t allow you to work out the design process and had little input before ending the relationship. This client was not only difficult, but she is not the right client for you! Don't ruin future business for one bad apple! Take the loss and move on!

Kristine Sheehan

If you remember, not too long ago I donated my design services to Front Porch Folks to help new and existing businesses create or make over thier business identity. I’m happy to announce that Front Porch Folks awarded their first grant to recipient Sherry Dawson of One Great Gift.

The Merry Bird…pen, ink and design worked closely with Sherry to create a new vision for her existing drop ship service logo. Her vision is also being expanded on by the Website design services of Firelight Web Studio’s Laura Wheeler.

First step was to create a logo for her existing online business One Great Gift. Sherry wanted to emphasize her custom hand tied bows and drop ship gift services. She wanted a logo icon that was sophisticated and appealing and not “cutesie”.

Secondly, she requested that no Typography be used in the logo design.

The parachute with package (as shown ) blends both a sophistication and “hand touched” quality. This logo will be featured on her new website and business materials.

And finally, onto the website design with FireLight Web Studio! Success to you Sherry Dawson of One Great Gift! I look forward to seeing your new website and hearing about the other great services that you have won as a Front Porch Folk grant recipient.

— Kristine Sheehan, The Merry Bird…pen, ink and design.