Yellow Smiley Face: Simplicity and Controversy


On the internet these days you see a lot of young people making extensive use of smiley faces and emoticons, icons that add emotion and feeling to text communication, as well as help avoid misunderstandinds of nuance. They use them widely in emails, instant messenger chat, and forum postings. But despite their massive popularity, most people really have no idea how the smileys started and who created them.

The yellow and black smiley face design that we are all so familiar with was first created by artist Harvey Ball in 1963, for an advertising campaign of State Mutual Life Insurance. In the 1970s the smiley exploded in popularity when it was used on a collection of novelty products created by Bernard and Murray Spain. Popular items include smiley buttons, coffee mugs, t-shirts, stickers, and others marked with the catch phrase "Have a happy day". The uncomplicated image and message sent the clear message to busy people that life is precious, and they should enjoy every minute of every day.

A number of parties including the 300 pound gorilla known as Walmart have attempted to claim copyright title to the smiley image. In 2006 Walmart made use of the smiley in a big promotional campaign and made an attempt to copyright the smiley in the USA. This caused a standoff between Harvey Ball, in addition to another party called "Smiley World" that licenses the rights to the image in many other countries. Walmart
gave up its claim to the icon in 2008 when a judge ruled that they did not own the long-standing image. After the case, Walmart gradually stopped using the yellow smiley in its advertising campaigns and removed it from its website.

With the smiley being such an incredibly simple image, it's natural that many people lay claim to the image and claim they created it, even though other people's imaginations also created it at the same time. But it makes sense that Harvey Ball should claim the copyright based on his conviction to use proceeds from the smiley icon for charity work. This generosity reflects the values that are inherent in such a positive happy image.

About the author

Billy Bobb is a graphic designer and webmaster. See his recommended clipart at Clipart For Free, with Smiley Face Clip Art and more.