Hello, and welcome to Random Writings! I am the blogger Random Writer and I hope you are having an awesomely-terrific day!
With all of the talk about the Republican National Convention this past week and everything that it entailed.
If you don not know what I am talking about click here —> http://tinyurl.com/zk5c8qq
I decided to write an Op-Ed blog post this week relating to the current President of the United States, the man, two presidential candidates are trying to replace, President Barack Obama. Specifically about the copyright law surrounding the “Hope” poster that, one, Shepard Fairey created.
Shepard Fairey had been accused of copyright infringement because of his Barack Obama “Hope” Poster and was taken to court. The Associated Press (AP) accused him of copying the image taken by Mannie Garcia for The AP. They demanded payment for the usage of the image. Fairey, later sued The AP claiming his image was under the fair use exceptions to copyright law. I do not believe that Shepard Fairey committed copyright infringement. I believe that he transformed the image enough in order to call it transformative art, not a copyright infringement.
The image on the left is the photo taken by Mannie Garcia for The AP and on the right is Shepard Fairey’s Barack Obama “Hope” Poster. Notice how there is no lettering on the photograph but there is on the poster. Notice how the poster has a different color palette than the photo. Observe the fact that there is no flag in the background of the poster but there is in the photograph. Pay careful attention to the pattern of President Obama’s face on the poster and how it differs from the pattern of his face depicted in the photograph.
These are just a few among many of the examples of the differences between Mannie Garcia’s photo and Shepard Fairey’s Barack Obama “Hope” Poster. The examples mentioned above provide solid evidence to my claim that Shepard Fairey had not committed copyright infringement.
- Barack Obama-Shepard Fairey-Original-Photo. Digital image.Http://files.doobybrain.com. Doobybrain.com, n.d. Web. 23 July 2016. <http://files.doobybrain.com/wp-content/uploads/2009/01/barack-obama-shepard-fairey-original-photo.jpg>.
- Barack Obama – Hope Poster. Digital image.Https://upload.wikimedia.org/wikipedia/en/5/55/Barack_Obama_Hope_poster.jpg. Wikimedia.org, n.d. Web. 23 July 2016. <https://upload.wikimedia.org/wikipedia/en/5/55/Barack_Obama_Hope_poster.jpg>.
- Timemagazine. “Shepard Fairey Talks About Creating TIME’s Person of the Year Cover.” Timemagazine.tumblr.com. Time Magazine, 14 Dec. 2011. Web. 23 July 2016. <http://timemagazine.tumblr.com/post/14214199000/shepard-fairey-talks-about-creating-times-person>.
Published by Random Writer on July 23, 2016, at 10:30 pm