AP alleges copyright infringement of Obama image – Yahoo! News
From the same people who tried to charge bloggers for every five words quoted.
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It would be better if it was the photographer going after Fairey. I don’t think the poster is fair use. Fairey settled out of court when he nabbed a Rene Mederos poster and called it his own so he will probably settle now if the Associated Press allows him. AP might be horrible at times but they have a right to protect their copyrighted images. People did not make the connection between the poster and the phtograph so that works against Fairey’s claim of fair use.
It would be better if it was the photographer going after Fairey. I don’t think the poster is fair use. Fairey settled out of court when he nabbed a Rene Mederos poster and called it his own so he will probably settle now if the Associated Press allows him. AP might be horrible at times but they have a right to protect their copyrighted images. People did not make the connection between the poster and the phtograph so that works against Fairey’s claim of fair use.
I’ll add to that by saying that Fairey’s idea of fair use would make it ok for me to walk into any gallery in Chelsea, take pictures of art that is not that well known yet, scan the images, make a stencil over the images, and make my own work based off the photographs I took. That is not fair use. Fair use in art involves using images that are recognized by people so they can make the connection of what is being commented on or parodied. In this guys case you have to buy his book to know the connection. That is not fair use.
I’ll add to that by saying that Fairey’s idea of fair use would make it ok for me to walk into any gallery in Chelsea, take pictures of art that is not that well known yet, scan the images, make a stencil over the images, and make my own work based off the photographs I took. That is not fair use. Fair use in art involves using images that are recognized by people so they can make the connection of what is being commented on or parodied. In this guys case you have to buy his book to know the connection. That is not fair use.
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