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6 Feb 4:20 pm by pfriedman
... anything. Let me explain in greater detail why I not only think Shepard Fairey will prevail in the lawsuit AP has brought against him for copyright infringement ... new insights and understandings? As I've already made clear, I am convinced of that Fairey's image sufficiently transforms the image of the AP photograph to be considered genuinely tranformative ... has been referred to as the most important factor, isn't even close. Fairey's image has obviously had NO negative impact on the market for the AP ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
9 Mar 1:43 pm by pfriedman
... 've written that I believe strongly that Shepard Fairey's Obama Hope poster does not infringe the copyright of the AP photograph he stenciled to begin his work. ... think the poster doesn't take anything that can be copyrighted from the photo. But Fairey's practices have often raised questions about the originality of his art. There ... considerably greater than if the appropriating work is not commenting on the copyrighted work. Fairey's company sent a cease-and-desist letter to Baxter Orr (the creator ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
19 Oct 1:47 pm by David Kravets
... did not use this image to create the Obama Hope poster Street artist Shepard Fairey committed an egregious legal and ethical blunder by lying to a federal judge ... technical infringement point of view, I don't think it makes much of a difference about what Fairey did," said Fred von Lohmann, a copyright attorney with the Electronic Frontier Foundation ... want a situation where your client admits to deceit. I'm sure AP will argue that Fairey's behavior indicates he had doubts about his fair-use argument ...
27B Stroke 6 - http://blog.wired.com/27bstroke6/
26 Feb 9:59 pm by pfriedman
I have discovered another reason Shepard Fairey did not commit copyright infringement when he stenciled AP's photograph of Obama to begin the creation of his Obama Hope poster - nothing Fairey copied is even entitled ... , second, the angle is so generic that I can hardly imagine it represents the kind of creative decision that amounts to originality. If Fairey had simply painted a copy of the photograph, I'd agree that it was an infringement. But he didn't. He changed everything except the angle of ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
13 Mar 10:22 am by Brandon Lovested
The Associated Press struck back as it countersued Shepard Fairey this week. The AP claims Fairey's usage of an AP photo was uncredited and uncompensated, and violates copyright law. They added that it's also a ... ,." According to a Bloomberg quote: "My entire purpose in creating the poster was to support Obama and help get him elected," Fairey said in the statement. "Money was never the point. The proceeds that were generated from the poster were used either to create more posters or donated to ...
UsefulArts.us - http://usefularts.us
4 Feb 8:26 pm by pfriedman
... d love to see resolved in a court (even the Supreme Court): AP has sued Shepard Fairey, claiming that his Obama poster infringes AP's copyright in the photo ... and tie to create the poster that became an iconic symbol of the presidential campaign. I hope Fairey sticks to his guns and fights this out without settling. I think his ... . So I'd very much like to see the matter decided, and I suspect Fairey, unlike many of the victims of copyright overclaiming, has the resources to take the case to trial ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
23 Apr 6:25 am by admin
... , cultural icons and bêtes noires in his exhibition at the I.C.A. (where I participated in a panel discussion on appropriation), I can say this: Shepard Fairey is not a crook. [...] The critics argue that literal replication of the originals - and this is true of Moser and Muller-Brockmann's ... be so stupid as to pinch such visible historical artifacts and call them his own. On the contrary, Fairey sees popular visual culture in terms of what Tom Wolfe has called a "big closet" of shared objects. ...
Furd Log - http://msl1.mit.edu/furdlog
13 Oct 8:43 pm by pfriedman
... court has to decide what it all means. So, when Manny Garcia first learned Shepard Fairey had used his photograph for the Obama Hope poster, did he ... Associated Press, Garcia "denies he stated in interviews that he was not 'angry with Fairey or interested in joining any lawsuits.'" Does that mean he never stated precisely ... 's series of posts chronicling his efforts to identify the photograph that served as the source of Fairey's Obama Hope poster are here. The posts re-enforce something I have ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
9 Feb 9:25 pm by pfriedman
The AP/Shepard Fairey showdown continues. The New York Times reports: In a pre-emptive strike, the street artist Shepard Fairey filed a lawsuit on Monday against The Associated Press, asking a federal judge to declare that he is protected ... away," but, as I've written, "the legal stuff" is precisely what Mr. Garcia is talking about when he talks about what Mr. Fairey did artistically with the photo and that the effect his artistic transformation of the photo had. That Fairey so transformed the ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
5 Mar 8:00 am by dick troll
... attention to copyright law for the past few years is well aware of the word transformative. Fairey was quite certain that his use of the Obama photograph to create his wildly popular ... between the words Obey and Steelerbaby. So what you still ask? Well Shepard Fairey, has apparently registered the word Obey for a line of clothing and related ... time and resources finding out. But how much more interesting if Fairey would recognize the Steelerbaby doll and embrace its creativity. Perhaps even transform ...
The Trademark Troll - http://trademarktroll.blogspot.com/
11 Mar 6:22 am by Ray Beckerman
In Fairey v. Associated Press, the "fair use" litigation commenced by artist Shepard Fairey involving portraits of Barack Obama, the Associated Press has filed its answer and counterclaims. Answer and counterclaims [Ed. note. As faithful reader "Shane" points out, the photographer who actually took the picture does not agree that Associated Press owns the copyright in the photograph. -R.B.] *-->* Document ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
13 Mar 1:32 pm by pfriedman
I've pointed out both that I believe strongly that Shepard Fairey's use of an AP photograph to create his Obama Hope poster does not infringe the pohotograph's copyright and that Fairey has been the target of frequent criticism in the art community regarding his "originality" and regarding his apparent ... conveyed may be. The Supreme Court agreed. That doesn't mean we can't criticize Fairey when he seems to want his cake and eat it too. (Though it may be that Fairey's ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
21 May 7:41 pm by pfriedman
Another artist is upset with Shepard Fairey. 20 years ago Ed Nachtrieb took the photo on the left of an armed Chinese soldier at the onset of martial law in Beijing in 1989. ... drains them of meaning," and is "dishonest." And, of course, he thinks "that Mr Fairey [should] credit those whos materials he uses to 'inspire' him." Nachtrieb has ... does strip Nachtrieb's original image of its meanings. But it is precisely the fact Fairey's image does transform the meaning of Nachtrieb's that makes it fair use ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
30 Aug 6:35 am by Ray Dowd
Prof. Doug Lichtman has put together another excellent program at the IP Colloquium. This program interviews players in the case Shepard Fairey v. Associated Press (attorney Mark Lemley for Shepard Fairey and attorney Dale Cendali for ... news from the docket sheet (as of August 14, 2009) is that photographer Mannie Garcia is claiming ownership of the photograph, and both Fairey and Associated Press are counterclaiming against Garcia. The image you see here is of Paul Newell, a candidate endorsed by ...
Copyright Litigation Blog - http://copyrightlitigation.blogspot.com/
9 Feb 9:52 pm by Ray Dowd
Shepard Fairey was arrested walking into an art exhibition on February 7, story here. Good discussion of the declaratory judgment action Fairey filed against the Associated Press to declare his Obama poster non-infringing and ... February 8 here. NY Times coverage here. Apparently the freelance photographer who took the photo for AP claims the copyright and is thrilled that Fairey used the work the way he did. The complaint does not allege that Mr. Fairey has claimed or registered copyright in his ...
Copyright Litigation Blog - http://copyrightlitigation.blogspot.com/
22 Feb 7:46 am by Lawrence B. Ebert
On 22 Feb 09, CBS Sunday Morning had a piece on Shepard Fairey, including mention of the Obama Hope poster. CBS was way behind on its facts, neglecting to mention that Lemley's law firm had brought a DJ action on behalf of Shepard Fairey against AP. Also didn't mention issue of "who owns" the copyright in the picture. CBS did mention Fairey's interaction with Andre the Giant. {Andre the Giant and his Posse, and the Obey theme). There was mention of one ...
IPBiz - http://ipbiz.blogspot.com
10 Aug 2:26 pm by Ann Althouse
... Joker is a sinister, evil character that can't be trusted. And if they want to make that parallel with Obama - bam." Somehow the L.A. Times sees fit to headline the article "Shepard Fairey has 'doubts' about intelligence of Obama Joker artist." The intelligence doubt is actually a "grammar" point, ... "socialism," because it's a picture of a man, not his belief system. Hmmm... but Mr. Fairey, your poster of Obama has the word "Hope" as the caption. If it's an error, you made it ...
Althouse - http://althouse.blogspot.com
24 Mar 11:25 pm by Jo-Anne Yau
I'm sure you noticed this artistic image of Barack Obama during the 2008 Presidential Election. Street artist, Shepard Fairey, created it and based the work on an Associated Press photo found on Google Image. Now, AP claims that ... campaign, supporters distributed copies of the popular image at rallies and posted it on their websites Now that the election is over, Fairey's work will be displayed in an art exhibit at the Institute of Contemporary Art in Boston as well as an exhibit at the National ...
Trademark Lawyer Blog - http://www.trademarklawyerblog.com/
6 Feb 1:05 am by Lawrence B. Ebert
Shepard Fairey the artist who created the famous Obama Hope image (apparently using an AP photo as a model) has been accused of copyright infringement by AP. The inquisitr reports: Fairey's attorney said that they believed the ... to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work. Whether Fairey received money is not so much the issue as much as whether the purpose was commercial. "Selling" a candidate likely is commercial. ...
IPBiz - http://ipbiz.blogspot.com
10 Feb 12:32 am by askinnerlopata
Instead of waiting for the Associated Press to sue him, Shepard Fairey filed a suit asking for a declaratory judgment of non-infringement. Shepard Fairey's HOPE poster is a work in a long line of appropriation art works. The tricky question is always where to draw the line between new art and copyright infringement. The [...]
Andy SkinnerLopata's Blog - http://askinnerlopata.wordpress.com
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