RE: Obama Poster

[mark@xxxxxxxxxxxxxxxxxxxx]

Well it will be interesting to follow this on several levels.  It might be fair use to use a photo of the president for political commentary, but the question is who's photo.  You might not need the president's permission to use the photo for that purpose, but if this artist can use it for other purposes what is to stop any artist to use any image for their artwork or commentary.  Newspapers copyright their work.  The NY Times would be wanting to get paid if USA Today used a photo from one of their photographers.  The AP sure would like to be paid if a paper prints one of their photos and that's for editorial comment or news coverage.

Now the AP do they have work for hire contracts with independent photographers???  Why would anyone sign such an agreement unless they were EXTREMELY well paid up front?  Does AP really just have use rights?  Is this a case of the AP thinking that they have more money for lawyers than an independent photog?

Add into the situation the issue of damages and you have a real mess.  Whether the artist charged for the work isn't the issue.  Is there anything there to collect even if you win???  So many possible twists.

-------- Original Message --------
Subject: Re: Obama Poster
From: "Emily L. Ferguson" <elf@xxxxxxxxxxxxxxxxxx>
Date: Wed, February 25, 2009 1:21 pm
To: List for Photo/Imaging Educators - Professionals - Students
<photoforum@xxxxxxxxxxxxxxxxxx>

At 2:07 PM -0500 2/25/09, PhotoRoy6@xxxxxxx wrote:
>The famous Obama poster was done from a photograph. The photographer
>is now suing for his share. The artist who did the poster says it
>fall under fair use.
>
>Roy

Or, more accurately, the photographer is suing the Associated Press
to determine which of them properly holds the copyright. The AP is
suing Shepherd Fairey for copyright infringment. Fairey has sued the
AP to have the usage determined to fall under Fair Use.

My understanding is that Fairey did not make money from the original
Obama poster, but did it as graffiti, in line with the rest of his
philosophy of public art.
--
Emily L. Ferguson
mailto:elf@landsedgephoto.com
508-563-6822
New England landscapes, wooden boats and races
http://www.landsedgephoto.com
http://e-and-s.instaproofs.com/