09 February 2009

Annals of Fair Use ~ The Best Defense is a Good Offense

The Associated Press objects to the use of a photo of Barack Obama
by Mannie
Garcia in a poster by Shepard Fairey.
Photograph © Mannie Garcia/AP.

A follow-up on this earlier post from The New York Times which reports (more here) that Shepard Fairey cut off talks with AP and went to court to protect his "fair use" of a photograph that AP may or may not own. I will stick by my bet that AP has a loser on this.

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3 Comments:

Blogger sconsetmonkey said...

I'm sure you caught this but just though I'd post a link.

10 February, 2009 08:32  
Blogger Keith Dannemiller said...

"Its show, which opened Saturday, is a 20-year survey of his art. His influences include such artists as Andy Warhol and Keith Haring."--- In reference to Fairey.

In all fairness, shouldn't he have listed Mannie Garcia as an influence?

10 February, 2009 10:50  
Blogger pedromeyer said...

This blog is great... congratulations!

I would disagree that AP has a looser, unless they have some pretty pathetic lawyer working for them.

There is a lot of jurisprudence all leading to AP's success. As a reference, all the lawsuits that Korda and his now heirs have won in defense of the picture of the CHE. An image that like Mannie Garcia's image got twisted and turned by everyone. They all invoked their artistic rights, and lost.

I am sure that Fairey's use of the image would not be questioned in the same way, had he pursued it's distribution as a non profit operation. But he made a lot of money off this image. That creates a problem in his defense.

And from a strictly ethical point, it is totally unacceptable that Fairey does not acknowledge his sources.

If I copy your text on this blog, to my page, and do not acknowledge that it is referenced to you, that would be called plagiarism. So lets call things by their name.

Fiery might be a shrewd operator, no doubt, but that does not make him ethical. Nor does it give him any rights as he pretends.

I do hope that he looses.

Pedro Meyer

10 February, 2009 22:02  

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