Entries Tagged 'Fairey' ↓

Artist Shepard Fairey files a counterclaim against the Associated Press

Microsoft Word - Fairey v. AP Answer & Counterclaims 041409.doc

Sunshine Cleaning divx

Fairey is being sued and challenged by the AP over fair use practices regarding his popular Obama Hope image. But as you can see above, Fairey has a counter claim against the AP for using ‘his’ images as theirs.

Read Fairey’s comments. You can also read the counter claim PDF or his lawyers comments. Interesting stuff.

I was worried about Fairey losing this case, but it looks like he has the AP in a corner on this one.

Big Ol’ Can of Worms

The Associated Press has HOPE – They’ll be able to cash in on the Obama craze while destroying a long standing artistic tradition.

This lawsuit could affect underground art in a very bad way!

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.

“AP safeguards its assets and looks at these events on a case-by-case basis. We have reached out to Mr. Fairey’s attorney and are in discussions. We hope for an amicable solution.”

Do I think the AP deserves compensation. Sure I do. But not a cut of the money, besides that would be almost impossible to determine. I think in all fairness a fee like using stock photography should be paid by Fairey. It is pretty clear that Fairey’s piece is a new original created from Garcia’s photo and if this lawsuit moves forward and succeeds it will put a whole new twist on what is ‘Fair Use’ anymore.

“We believe fair use protects Shepard’s right to do what he did here,” says Fairey’s attorney, Anthony Falzone, executive director of the Fair Use Project at Stanford University and a lecturer at the Stanford Law School. “It wouldn’t be appropriate to comment beyond that at this time because we are in discussions about this with the AP.” 

Fair Use basically says:

Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test. The term “fair use” originated in the United States, but has been added to Israeli law as well; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.

In other words if something new and original is created from something else that was an original, it is fair game and perfectly legal. Think Warhol’s Marilyn Monroe.

I HOPE  this gets resolved – like I said – it could be a disaster in the making for the art and satire world.

Photographer Garcia in negotiations with Fairey over Obama HOPE print

Hossenpheffer clears up the debate about Fairey’s HOPE print and Garcia’s photo that DooHickey is up in arms about. Garcia responds to her email:

Please tell me Mr Garcia, if you are upset about pop artist Sheperd Fairey’s Hope poster that was created using a photo you took. It is wonderful that a pop art piece is being included in the National Portrait Gallery.

 

My friends and I are in a heated debate over this. Some say Fairey  ‘stole’ your work, some say he was inspired by it. It is cold in South Dakota and we are cooped up and forced to debate such issues. What are your feelings?

 

You are a great talent.

With hope,

——-

GARCIA’s RESPONSE:

Ms. ——-,

 

It must be very cold out there and you all need to do something with more activity, LOL. At this point I can’t comment on the issues of the situation. I’ve attached a link to my website & a blog for your review.

 

Stay warm and I hope this finds you in good health & spirits,

 

Best,

 

Mannie

 

www.manniegarcia.com

 

http://blogs.phillynews.com/inquirer/sceneonroad/2009/01/a_last_word_hopeful

ly_and_upda_1.html

 

 

Of course Fairey didn’t take the photo. F’ing Duh!

You mean Warhol didn’t take this picture of Elvis!? The Shame, The Shame!

Steve, Steve, Steve, Steve, where do I begin? As a fan of underground art (come look at my house walls sometime) and having a shrine to my hero, Warhol in my studio (there, I said it, are you happy) I have come to realize that everyone doesn’t understand copyright laws and ‘image borrowing’. Underground art is based on taking something that is mainstream and converting it to something original and anti-establishment. Something Fairey did with the HOPE Obama image. Underground art is kinda the thrift store version of fine art, just as beautiful and useful, but a lot f’ing cheaper. Though I am disappointed that Fairey hasn’t credited the photo, I’m also glad he didn’t. Why? He does not have to. Once you CHANGE something, it becomes yours. And that really is the essence of art. Creating something new, from something old. I would hope the original photographer would be joyous about it – not sure. But I will say this, Fairey’s version is a lot cooler than the original.

Steve, please stop trying to be an art critic and go back to something you are (kinda) good at, selling snake oil.

UPDATE: The press conference where the HOPE photo was taken was about Darfur and Human Rights, NOT abortion, as Mr. DooHickey would like you to believe.

Pop artists still rule!

Not only will Barry be the first bi-racial president to be inaugurated today, but there was another first in the art world. Shepard Fairey will be the first artist to have a portrait of a president in the National portrait gallery before a president even took office. He is also the first to have a non-traditional image of a president there. See the video here of him on Colbert Report talking about the importance of dissent.

Congrats Fairey!

South DaCola’s artist of the year; Shepard Fairey

Fairey makes the cover of TIME.

Image: Juxtapoz magazine

South DaCola book club w/Shepard Fairey

I finally got a copy of this book before I left on vacation, it is amazing and in depth. Shepard is one of the premier graphic designers / pop artists working today. he of course is responsible for this Obama print.