Obama poster not breaking copyright laws
Jessica Valesky
Issue date: 11/12/09 Section: Opinions
The above description of Fairey's reimagining of the photograph and the completely different motivation and message behind it should be a clear indication that no copyright infringement took place.
It's also important to note that copyright laws exist in order to protect original and creative works and it is difficult to categorize Garcia's photo as such. The photo captures a generic moment in time where Obama sits listening to a speaker with his head tilted. This gesture is characteristic of the president and was in no way created by the photographer - nor was the lighting. He merely snapped a photo that anyone else in the room could have easily taken. It is merely a standard shot of the president with little to no creative value. This is perhaps the reason Fairey chose to work with it - because it was so basic.
In addition to the fact that Fairey's work is not "substantially similar" to the original photograph and that Garcia's photo is not distinct enough to warrant the application of strict copyright laws, there is a third issue that has arisen that could push the outcome of this case in Fairey's favor. Garcia claimed he, not the AP, owns the rights to the photograph because he was not under contract with them at the time it was shot. The New York Times reported that "[Garcia] was very happy when he found out that his photo was the source of the poster image, and that he still is."
"I don't condone people taking things, just because they can, off the Internet," Mr. Garcia said in the Times article. "But in this case, I think it's a very unique situation."
All the evidence given is enough for Fairey to easily walk out of court with full ownership of his famous poster and for the AP to rethink how they approach similar cases in the future. Fairey is an artist and what he did was not copy the work of another but reimagine it, transform it and deliver it to the public with a message of the hope that Obama instilled in him and many others across the nation.
To see a collection of Fairey's work, visit the Warhol Museum where a 20-year retrospective, titled "Shepard Fairey: Supply and Demand," will be on display until Jan. 31, 2010.
It's also important to note that copyright laws exist in order to protect original and creative works and it is difficult to categorize Garcia's photo as such. The photo captures a generic moment in time where Obama sits listening to a speaker with his head tilted. This gesture is characteristic of the president and was in no way created by the photographer - nor was the lighting. He merely snapped a photo that anyone else in the room could have easily taken. It is merely a standard shot of the president with little to no creative value. This is perhaps the reason Fairey chose to work with it - because it was so basic.
In addition to the fact that Fairey's work is not "substantially similar" to the original photograph and that Garcia's photo is not distinct enough to warrant the application of strict copyright laws, there is a third issue that has arisen that could push the outcome of this case in Fairey's favor. Garcia claimed he, not the AP, owns the rights to the photograph because he was not under contract with them at the time it was shot. The New York Times reported that "[Garcia] was very happy when he found out that his photo was the source of the poster image, and that he still is."
"I don't condone people taking things, just because they can, off the Internet," Mr. Garcia said in the Times article. "But in this case, I think it's a very unique situation."
All the evidence given is enough for Fairey to easily walk out of court with full ownership of his famous poster and for the AP to rethink how they approach similar cases in the future. Fairey is an artist and what he did was not copy the work of another but reimagine it, transform it and deliver it to the public with a message of the hope that Obama instilled in him and many others across the nation.
To see a collection of Fairey's work, visit the Warhol Museum where a 20-year retrospective, titled "Shepard Fairey: Supply and Demand," will be on display until Jan. 31, 2010.
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