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Image Copyright vs. New Art

Category: Awareness

The enemy of art is indifference," says Shepard Fairey, the popular street artist currently in a tiff with the Associated Press over their 2006 photo of President Barack Obama. Fairey's creative interpretation of the image, which he found online during a Google image search, has become one of the most well recognized photos of 2008. The poster itself is very similar to the AP's photo, copying Obama's posture and expression almost identically, though the dynamics, hue, mood and the intention of the original photo have been completely transformed, creating what is arguably a new work of art.

ObamaforIFC.jpg
Though Fairey was not a member of the Obama campaign he was contacted by them directly, and asked to create a poster. So what separates Shepard Fairey from the countless others who manufactured posters in order to help promote their favorite candidate? It's not as if Fairey was pocketing a large profit from the design, in fact, most of the money went to distributing more posters. If nothing else, others have profited from Fairey's design more than he has. Take this site for instance: ObamiconMe.com.
 
That design looks awfully familiar, no?  This site has managed to draw many visitors off of Fairey's design, copying everything except the image itself, with no credit given directly to the artist, Shepard Fairey, on their homepage. Isn't every piece of art inspired by something else? America thrives off of new art, created and recycled by old ideas, and since Barack Obama is a public figure, isn't it expected that his face will be a popular jumping off point for digital media? After all, there are plenty of artists that make their living off of recycling old designs and ideas. Take this business for instance.

FrogforIFC.jpg

So the question is, does the AP really have the right to profit from a photo of a public figure, posted in a public domain for a non-profit purpose? If so, could Fairey realistically be expected to keep track of his image? Is it possible for one person to manage public art once it is in the hands of the public? Without a whole slew of people working for him (which would be awfully costly for a self motivated project with no real budget) this would be next to impossible. Once the image became downloadable on Fairey's website, anyone could use it anywhere in the world. Obama's appeal to youth caused the poster to spread like wildfire across the Internet in unpredictable ways that no campaign had seen before. People began attaching the "Hope" image to their email signatures, using it as their Facebook default picture, posting it on their Twitpics, and using ObamaMe like it was as hip as going green. Just like that, the "Hope" poster became the unofficial face of the campaign.

During these dark days, "Hope" seems to have a double meaning in Fairey's regard. "With hope, people will act," commented Fairey during a recent interview. He wasn't referring to the poster either, but to his reason for creating art in the first place, and the importance of standing behind your design with integrity. Hope and Change, the message of the Obama campaign, enacted by an artist who now needs just that in order to win his case.

[Additional Photos: "Hope", Shepard Fairey, 2008; President Barack Obama, The Associated Press, 2006; "Spock 2.0" and "Frogress" courtesy of Obamiconme.com; "Candy Wrapper Bag" courtesy of Squidoo.com]

Tags: Infringment, Lawsuit, Obama, Shepard Fairey

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