Case Scenarios


The following scenarios are based on actual situations involving computers and other new technologies.


Can I copy the American Gothic?

Lorena Nice, an elementary art teacher, is working on a technology grant for her school. One of her goals it to use desktop publishing to create written materials for her students to use in the classroom. She has drawn many of her own examples for the project. But, when it comes to master art works she decides to scan reproductions of works such as the "American Gothic" and "Mona Lisa" from art postcards and history books to include in her class handouts.

  1. Has Ms Nice violated copyright law in this situation? If so, whose rights has she infringed upon?

  2. What if Ms Nice decides to put these images on a school web site so that other art teachers can see what she is doing? Is this a violation of copyright law?

  3. What alternative(s) does Ms Nice have in this situation? (e.g., Can Ms Nice create her own illustrations based on the art works?)




Adi Boy's Home Page

Adi Boy, a tenth grade student, is anxious to create a home page for himself on the Web. He wants to create a really cool page to impress all his friends. But, being "artistically challenged," Adi doesn't feel capable of doing the kind of graphics he'd like to include on his page. So, Adi goes surfing on the web and finds an image he likes of a "heavy metal"" band, Fictional Tensions, on their home page. He downloads the image into his computer. Using a digital-imaging program, Adi pastes an image of his face on to the band's picture to make it appear as though he is a member of the group. He then adds a title to the image "Adi and the Boys in the Band" along with some colorful scribbles and marks. Proud of his work, Adi includes the "doctored" image on his home page:

  1. Would you say that Adi did anything wrong? Why or why not?

  2. Does Adi's use of the band's picture for personal expression justify it's use?

  3. Is Adi's use of the band's picture on his home page acceptable since the original image has been physically altered? Should Adi cite the source of the original band picture on his home page?

  4. If you were a member of the Fictional Tensions, how would you feel about what Adi Boy has done?




The Micky Mouse Caper

Sally, a fourth grade student, recently went on a trip with her family to Disney world. After returning from her vacation, Sally decides to share her experience with others through her home page. In order to illustrate her adventure, Sally uses a scanner to copy several stickers and postcards she purchased of Mickey Mouse, Donald Duck and other Disney characters. She then puts these graphics on her home page along with her written story.

  1. Is it okay for Sally to put the Disney characters on her home page? Why or why not?

  2. How would you feel if someone copied your artwork without your permission?




Putting the yearbook on the line

Mr MacDonald, a high school journalism instructor, was talking at a parent-teacher conference about putting the school yearbook online. The parent asked if he was going to include in this online publication the full names and pictures of all the students. If so, she didn't think it was a good idea. According to this parent, "There are net-stalkers who could find where her child is eight hours a day, and what she looks like."

  1. Should Mr Mac get the permission of all parents before proceeding with his online project? What if some parents say no to putting their childrenšs names and pictures online? Should Mr Mac then forget about doing the project?

  2. Are the ways to diminish parents' fears about the online community?




Creativity on the Cover of Time

On June 27, 1994, Time magazine ran a cover story on the arrest of O.J. Simpson for the murders of Nicole Simpson and Ron Goldman. In deciding on the cover, James Gaines, the Managing Editor of Time, had an abundance of photographs to choose from including a mug shot of Simpson released by the Los Angeles police department (LAPD). In addition, two portraits of Simpson were commissioned: one by the artist Greg Spalenka; and another by Matt Mahuring, a master of photo-illustration, who used the LAPD mug shot of Simpson as a starting point. After considering all the images available, Gaines selected Mahuring's work for the cover.

A storm of controversy followed publication of the cover. Time was accused of darkening Simpson's face "in a racist and legally prejudicial attempt to make him look more sinister and guilty, to portray him as some kind of animal" (Time, July 4, 1994, p.4). Others argued that the mug shot had been altered and that news photographs should never be altered. (During the same week, for example, Newsweek magazine used the "straight" LAPD mug shot for it's cover story on Simpson's arrest.)

In defending his decision to go with Mahuring's photo illustration on the cover, Gaines stated, "I found what he did . . . quite impressive. The harshness of the mug shot--the merciless bright light, the stubble on Simpson's face, the cold specificity of the picture--had been subtly smoothed and shaped into an icon of tragedy. The expression on his face was not merely blank now; it was bottomless. This cover, with the simple, non judgmental headline "An American Tragedy," seemed the obvious, right choice" (Time, July 4, 1994, p.4). To know that the cover was a photo-illustration the reader had to turn to the contents page or see the original mug shot on the opening page of the story.

Gaines further argued that ". . . every major news outlet routinely crops and retouches photos to eliminate minor, extraneous elements, as long as the essential meaning of the picture is left intact" (Time, July 4, 1994, p.4). While critics felt that Mahurin's work had indeed changed the picture fundamentally, Gaines maintained that Mahurin had "lifted a common police mug shot to the level of art" (Time, July 4, 1994, p.4).

  1. Would you say that Time was ethically wrong in using Mahurin's photo-illustration of Simpson on the cover? Why or why not?

  2. Does Gaines argument that he viewed Mahurin's illustration of Simpson as "art" rather than as a news photograph justify his decision to publish the work on Time's cover? Why or why not?

  3. Do news sources have a moral obligation to clearly indicate to their audience when they have used a computer to "alter" photographs in any way? Do image-makers in general (e.g., artists, filmmakers, photographers and videographers) have such an obligation? Why or why not?

  4. How has digital imaging changed the role and perception of photography in our society today?

go back