Tuesday, February 10, 2009

Shepard Fairey picture subject of copyright heat

From the NYT:

In a pre-emptive strike, the street artist Shepard Fairey filed a lawsuit on Monday against The Associated Press, asking a federal judge to declare that he is protected from copyright infringement claims in his use of a news photograph as the basis for a now ubiquitous campaign poster image of President Obama.

What really gets me is this quote, from the photographer whose photo provided the template for the artwork:

“If you put all the legal stuff away, I’m so proud of the photograph and that Fairey did what he did artistically with it, and the effect it’s had.”

--so the photographer, Garcia, is neither mad nor offended by the image's use. And the AP's impending lawsuit isn't frivolous because...?


Sean Wraight said...

You know Amity... The AP's lawsuit really makes me sick. It is simply motivated by greed and backwards thinking. Considering how the world has rallied around Fairey's ubiquitous image you would think that in the spirit of 'hope' they would simply get it.

If ever there was a precedent for fair use this would be it.

Just kinda sad isn't it?


amityb said...

I know, absurd. I'll bet Andy Warhol couldn't have ever been able to do what he did with Campbell's soup in the day and age of big corporate law firms sucking artists dry under the guise of "intellectual property."