February 5th, 2009

Shep color explosion

Suing over the Fairey's Obama artwork

I was wondering when this was going to happen.  Somebody was bound to sue. 

AP says it owns the copyright for the popular Obama photograph and wants credit and compensation. Fairey disagrees.

My position?  It's fair use.  It would be different if Shepard Fairey made an exact copy.  He didn't.  Certain elements of the photo inspired a very unique result.  I use photos all the time for references.  I'm not about to compensate for every single photo just because I used the pose, the expression, or the lighting.  Those are elements that are easily found it numerous photos of that person and other people.  It's not unique to that photo.  In fact, a while ago everyone thought it was actually another AP photo, until they found this one that matches better.

U.S. Copyright Office - Fair Use