quote:AP alleges copyright infringement of Obama image
On buttons, posters and Web sites, the image was everywhere during last year's presidential campaign: A pensive Barack Obama looking upward, as if to the future, splashed in a Warholesque red, white and blue and underlined with the caption HOPE.
Designed by Shepard Fairey, a Los-Angeles based street artist, the image has led to sales of hundreds of thousands of posters and stickers, has become so much in demand that copies signed by Fairey have been purchased for thousands of dollars on eBay.
The image, Fairey has acknowledged, is based on an Associated Press photograph, taken in April 2006 by Manny Garcia on assignment for the AP at the National Press Club in Washington.
The AP says it owns the copyright, and wants credit and compensation. Fairey disagrees.
"The Associated Press has determined that the photograph used in the poster is an AP photo and that its use required permission," the AP's director of media relations, Paul Colford, said in a statement.
posted
That's a toughie. I can see the argument for fair use, but his admitting he created it from the AP's photo and the close resemblance is a good argument for it being a derivative work which is infringement.
This one will take some thought.
-------------------- Chris Welker Wildfire Signs Indiana, Pa Posts: 4254 | From: Indiana, PA | Registered: Mar 2001
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quote: for it being a derivative work which is infringement.
Derivative work is not always a violation..
-------------------- Leaper of Tall buildings.. If you find my posts divisive or otherwise snarky please ignore them. If you do not know how then PM me about it and I will demonstrate. Posts: 5274 | From: Im a nowhere man | Registered: Jul 2001
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posted
I'm with Mike, this should be interesting. How do I feel? I guess I'm split on this one. I've never been big on copy writing photos, I mean anybody can take a picture of the Statue of Liberty That said, I'm also aware that there exist laws covering this sort of thing and I don't go around looking for trouble. This could go either way quite easily.
I find it very interesting that this comes along at the same time this artist is featured on TV commercials bragging about "doing things he's not supposed to and getting away with it" Arrogance, whether done tongue in cheek or not, often pizzes off the wrong people.
-------------------- George Perkins Millington,TN. goatwell@bigriver.net
"I started out with nothing and still have most of it left"
posted
The Associated Press owns the copyright of the image and they do offer licensing options for those who are willing to pay. Fair use and derivative work is questionable and there is no such rule as 10% change. Only photos that are owned and/or produced by our government are, to a limit, public domain. With the introduction of quasi-government agencies, some can and do copyright protect their art.
Havin' fun,
Checkers
-------------------- a.k.a. Brian Born www.CheckersCustom.com Harrisburg, Pa Work Smart, Play Hard Posts: 3775 | From: Harrisburg, Pa. U.S.A. | Registered: Nov 1998
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posted
Hey, the Ancient Egyptians called. They want compensation for all of the artwork they originally designed. Where does this copyright infringement stuff end?
-------------------- Signs by Alicia Jennings (Mudflap Girl) Tacoma, WA Since 1987 Have Lipstick, will travel. Posts: 3814 | From: Tacoma, WA. U.S.A. | Registered: Dec 1999
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This latest contention by the owner of the photograph might have merit.....but then again, maybe not !
-------------------- Ken Henry Henry & Henry Signs London, Ontario Canada (519) 439-1881 e-mail: kjmlhenry@rogers.com
Why do I get all those on-line offers to sell me Viagara, when the only thing hardening is my arteries ? Posts: 2684 | From: London,Ontario, Canada | Registered: Feb 1999
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posted
Fair Use is just an affirmative defense and does not preclude this from being an infringement.
It's infringement. Whether or not the AP gets awarded damages in court if the two parties can not come to an agreement, is a completely different issue.
-------------------- "If I share all my wisdom I won't have any left for myself."
Mike Pipes stickerpimp.com Lake Havasu, AZ mike@stickerpimp.com Posts: 8746 | From: Lake Havasu, AZ USA | Registered: Jun 2000
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quote:Originally posted by KARYN BUSH: fair game...plus there's at least a 10% change.
ditto.
The Short n' Sweet side of the Moon
-------------------- The Moon aka: Stefenie Harris Moonlight Designs Pollock Pines, CA learnin' somethin' new every day! stefenie@comcast.net Posts: 550 | From: Pollock Pines, CA, USA | Registered: Nov 1998
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-------------------- The Moon aka: Stefenie Harris Moonlight Designs Pollock Pines, CA learnin' somethin' new every day! stefenie@comcast.net Posts: 550 | From: Pollock Pines, CA, USA | Registered: Nov 1998
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posted
So is Shepherd an artist or a vandal???...if you review his "actual" works...
Anyway, it was on FOX the other nite about the poignant image...dramatic to say the least.
I personally don't see much relation to the original image as the piece: 1. has lettering 2. utilizes method other than photographic for the final piece 3. incorporates aspects not found in the original image.
Had he posterized the image EXACTLY as shown (waving flag vs lapel pin, different colored tie, stamped imagery in background and on image plus different colored background and texture)
It's like Warhol using the floating dress imagery of Monroe in his series...or Campbells soup cans...they are recognizable images on their own, but the "derivative" work is completely different. (Sorry Ken, didn't read all the posts before I wrote this!...Great minds...)
If this is the case, then another Signmakers site would be in trouble as they impose their heads on someone else's photos...which I would see as a closer infringement.
-------------------- Nikki Goral Image Advantage Signs 4050 Champeau Road New Franken, WI 54229 920-465-4500 "Finish every day and be done with it. Tomorrow is a new day."-Ralph Waldo Emerson Posts: 928 | From: New Franken, WI (East Green Bay) | Registered: Jun 2007
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The photographer who made the photo was a temp hire for AP and signed no contract giving away his rights to the AP such as their staffer/freelancer contract actually stipulates, so technically this isn't even the AP's baby.
The photographer would like to see an agreement made that is fair to all parties involved, and instead of pocketing any monies, donations made to the Red Cross, breast cancer research, and other such causes.
Now, if *that* doesn't paint a picture of "HOPE", nothing does.
-------------------- "If I share all my wisdom I won't have any left for myself."
Mike Pipes stickerpimp.com Lake Havasu, AZ mike@stickerpimp.com Posts: 8746 | From: Lake Havasu, AZ USA | Registered: Jun 2000
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posted
I recall FoxNews doing a report on people getting the same design tattoo'd. They even showed the tattoo artist tracing over Fairey's design to create the line art and producing a monochromatic version on some guy's leg.
posted
Here's one I did for FUN while testing out Corel Painter and my new wacom. Notice how I said fun, as in not for profit. Please don't sue me
-------------------- Joe Diaz Diaz Sign Art 628 W. Lincoln Ave. Pontiac, IL 61764 www.diazsignart.com Posts: 538 | From: Pontiac, IL | Registered: Aug 2005
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posted
Ah, whatever. Shephard gets exactly what he wants, FREE EXPOSURE! He's an artist and deep down all artists want people to notice their work. he definitely has that. And some money.
posted
Good article, Glenn. Fairey has lost all my sympathy and now I sorta hope AP rips him a new one. He's not even a great artist and has gotten rich using other peoples work.
-------------------- Jon Jantz Snappysign.com jjantz21@gmail.com http://www.allcw.com Posts: 3395 | From: Atmore, AL | Registered: Nov 2005
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posted
i think i just saw that he got arrested in boston...it was at the bottom of a ticker banner...said obama artist arrested in boston...not sure if that's who they are referring to.
-------------------- Karyn Bush Simply Not Ordinary, LLC Bartlett, NH 603-383-9955 www.snosigns.com info@snosigns.com Posts: 3516 | From: Bartlett, NH USA | Registered: Jan 2001
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By the way I have been a big fan of Shepard Fairey since 1989 when he plastered San Diego with Andre the Giant. Street artists have a habit of taking images and twisting them for whatever commentary they wish to make. In this case, there is a limit to how far street artists can go when that commentary turns into cash.
[ February 08, 2009, 02:45 PM: Message edited by: Rick Chavez ]
-------------------- Rick Chavez Hemet, CA Posts: 1538 | From: Hemet,CA U.S.A. | Registered: Jun 2001
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posted
Wow, that last link is a smoking gun against Mr. Fairey.
but come to think of it, what's the difference between Shephard Fairey stealing his images (that he doesn't seem to try to hide the fact he's stealing them) And selling his shirts or posters and the Sign guy who gets an order, goes on brands of the world, snags the image. Works it up and sells it to his customer. Surely there's a few of us guilty of that eh?
Someone explain the difference to me.
It's kind of like when Hip Hop first came out and sampled the mess out of soul, funk, classic rock, jazz. Nobody cared until the hip hop artists started making money, then all the old soul/jazz/classic rock and funksters came crawling out the woodworks with their hands out. Not saying they don't have the right, just saying nobody was riding Shephard fairey's underoos so hard when he was broke. So as always, yes. it boils down to the cabbage.
posted
Sounds like his little game has been found out...
-------------------- "Stewey" on chat
"...there are no limits when you aim for perfection..." Jonathan Livingston Seagull Posts: 7014 | From: Highgrove via Toowoomba, Queensland, Australia | Registered: Dec 2002
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posted
Share with one another is what my Mom always said. If he got paid and used their photo, he infringed without permission, If he would have asked for a release, beforehand. He would be in the clear for doing so. Remember "Ask and ye shall receive" Bill PS, did they ask him if they could copy his copy?
[ February 14, 2009, 10:02 AM: Message edited by: Bill Biggs ]
-------------------- Bill & Barbara Biggs Art's Sign Service, Inc. Clute, Texas, USA Home of The Great Texas Mosquito Festival Proud 10 year Supporter of the Letterheads Website www.artssigns.com "MrBill-" on the chat page MailTo:biggsbb@sbcglobal.net Posts: 1020 | From: Lake Jackson,Tx | Registered: Nov 1998
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posted
I am myself treading the fine line of "copywrite"
My current passion in artworks uses aboriginal styles and drawings thousands of years old.
These peoples "artworks" have been exploited to the extent that they get peanuts for works seling for hundreds of dollors not to mention abusing their culture.
I have survived so far on the fact I do not sell my paintings but are done as gifts for friends or kept for myself.
#2 I have talked with and worked with aboriginal elders. We respect each other. I am learning what the symbols mean as that art is their written language and history tales,
#3 One "ABBO" artist in particular has become a friend and we want to blend modern and ancient into beautiful stuff. for sale ,,, proceeds 100% into educating kids!
posted
There's a fine line between inspiration and infringement.
Personally, I think Fairey made sufficient enough alterations to the original photo to beat an copyright charge, but I fully expect Fox news will keep this story in the public eye well after the other mainstream media has forgotten it. They're not as "fair and balanced" as they say...
Rapid
-------------------- Ray Rheaume Rapidfire Design 543 Brushwood Road North Haverhill, NH 03774 rapidfiredesign@hotmail.com 603-787-6803
I like my paint shaken, not stirred. Posts: 5648 | From: North Haverhill, New Hampshire | Registered: Apr 2003
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posted
Now back to the topic. If the AP wins, what does that do to merchants such as UrbanOutfitters.Com?
This is a serious issue that we should be talking about. My concern is what happens if you use a photograph that you don't own as reference material for a paid project?
[ February 14, 2009, 02:04 PM: Message edited by: Glenn Taylor ]
![[I Don t Know]](graemlins/dunno.gif)
That said, I'm also aware that there exist laws covering this sort of thing and I don't go around looking for trouble.
![[Rolling On The Floor]](graemlins/rolf.gif)
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