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Fair Use or "Fairey Use"
When I first read about this, I couldn't help but think this situation brings up some interesting issues. I decided to develop a lesson about Fair Use based upon it. I'm sharing it with you in hopes that a) it may help others, and b) you will give me suggestions on improvements.
Here it is...
Shepard Fairey is a street artist that is known for creating art and then placing it in unusual and not always welcome places around Los Angeles. He has been arrested numerous times for similar violations. His latest controversy is one that will test the Fair Use and Copyright Laws on several different levels.
Right before Super Tuesday 2008, Fairey created a poster (right) based on a photo of President Obama taken in the National Press Club back in 2006. The poster's popularity quickly spread. A first run of 350 prints quickly sold for $45. Many of these found their way to online auction sites where some prints sold for thousands of dollars.
Fairey contends that he found the picture of Obama on the Internet and created his poster. The photo (left) was taken by Manny Garcia, a free-lance photographer for the Associated Press.
The Associated Press claims that Fairey violated copyright laws and want credit and compensation from the poster.
Negotiations were on-going between Fairey’s lawyers and the Associated Press until the beginning of February, 2009. At that time Fairey beat AP to the court room by filing a lawsuit asking the courts to declare that he is protected from copyright infringement.
Mr. Fairey’s lawyers say that Fairey is “protected under fair-use exceptions to copyright law, which allow limited use of copyrighted materials for purposes like criticism or comment."
As if that isn’t confusing enough, the photographer, Manny Garcia, believes that he owns the rights to the photo. He is unsure of what he will do now as the issue evolves in the court system. He has said, “I’m so proud of the photograph and that Fairey did what he did artistically with it, and the effect it's had.”
Supplementary Document:
What is Fair Use? WhatisFairUse.doc
Video:
A Fair(y) Use Tale by Eric Faden
A parody on Fair Use using Disney characters
http://www.youtube.com/watch?v=CJn_jC4FNDo
Tech & Learning Blog
What's Your Take by Bob Sprankle
http://www.techlearning.com/blogs.aspx?id=15862
Sources:
Web Poster Exhibition, http://www.posterpage.ch/exhib/ex216oba/ex216oba.htm
Artist Sues A.P. Over Obama Poster, New York Times, http://www.nytimes.com/2009/02/10/arts/design/10fair.html?partner=rss&emc=rss
NPR Article: "What's With That Obama Poster http://www.npr.org/templates/story/story.php?storyId=89431734
Here it is...
Shepard Fairey is a street artist that is known for creating art and then placing it in unusual and not always welcome places around Los Angeles. He has been arrested numerous times for similar violations. His latest controversy is one that will test the Fair Use and Copyright Laws on several different levels.
Right before Super Tuesday 2008, Fairey created a poster (right) based on a photo of President Obama taken in the National Press Club back in 2006. The poster's popularity quickly spread. A first run of 350 prints quickly sold for $45. Many of these found their way to online auction sites where some prints sold for thousands of dollars.
Fairey contends that he found the picture of Obama on the Internet and created his poster. The photo (left) was taken by Manny Garcia, a free-lance photographer for the Associated Press.
The Associated Press claims that Fairey violated copyright laws and want credit and compensation from the poster.
Negotiations were on-going between Fairey’s lawyers and the Associated Press until the beginning of February, 2009. At that time Fairey beat AP to the court room by filing a lawsuit asking the courts to declare that he is protected from copyright infringement.
Mr. Fairey’s lawyers say that Fairey is “protected under fair-use exceptions to copyright law, which allow limited use of copyrighted materials for purposes like criticism or comment."
As if that isn’t confusing enough, the photographer, Manny Garcia, believes that he owns the rights to the photo. He is unsure of what he will do now as the issue evolves in the court system. He has said, “I’m so proud of the photograph and that Fairey did what he did artistically with it, and the effect it's had.”
Supplementary Document:
What is Fair Use? WhatisFairUse.doc
Video:
A Fair(y) Use Tale by Eric Faden
A parody on Fair Use using Disney characters
http://www.youtube.com/watch?v=CJn_jC4FNDo
Tech & Learning Blog
What's Your Take by Bob Sprankle
http://www.techlearning.com/blogs.aspx?id=15862
Sources:
Web Poster Exhibition, http://www.posterpage.ch/exhib/ex216oba/ex216oba.htm
Artist Sues A.P. Over Obama Poster, New York Times, http://www.nytimes.com/2009/02/10/arts/design/10fair.html?partner=rss&emc=rss
NPR Article: "What's With That Obama Poster http://www.npr.org/templates/story/story.php?storyId=89431734
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