By now, everyÂone knows the famous ObaÂma “Hope” poster proÂduced by ShepÂard Fairey. RecentÂly, Fairey has acknowlÂedged that the poster was origÂiÂnalÂly inspired by a phoÂtoÂgraph belongÂing to the AP Press, and now the AP is claimÂing that Fairey has infringed on its copyÂright and wants “payÂment for the use of the phoÂto and a porÂtion of any monÂey he makes from it.” (see artiÂcle in the New York Times). In response, Fairey has filed a preÂempÂtive lawÂsuit, claimÂing that he used the AP phoÂto as a mere startÂing point and then transÂformed it into a “stunÂning, abstractÂed and ideÂalÂized visuÂal image that creÂatÂed powÂerÂful new meanÂing and conÂveys a radÂiÂcalÂly difÂferÂent mesÂsage.” If you put the two images side by side (see here), it’s pretÂty instantÂly clear that Fairey took an admitÂtedÂly well done news phoÂto and did someÂthing quite transÂforÂmaÂtive with it, which makes things fair game. That’s obviÂous to almost anyÂone (includÂing hopeÂfulÂly judges), and it’s a shame to see the AP, which lives by its First AmendÂment rights, lookÂing to use the copyÂright clause to limÂit freeÂdom of expresÂsion. Bad move guys.
As a quick side note, Fairey is being repÂreÂsentÂed in court by The Fair Use Project at StanÂford Law School’s CenÂter for InterÂnet and SociÂety (to which I have zero conÂnecÂtion.)
RelatÂed ConÂtent:
The StoÂry Behind the IconÂic ObaÂma CamÂpaign Poster
