Resources
AP alleges copyright infringement of Obama image
http://www.google.com/hostednews/ap/article/ALeqM5hcqhpLfgHpcIipb1rVGvAoa5BusAD96560SG0
Artist Sues The A.P. Over Obama Image
http://www.nytimes.com/2009/02/10/arts/design/10fair.html?ref=arts
Discussion Questions
- Why has the Associated Press alleged copyright infringement against Los Angeles artist Shepard Fairey?
The Barack Obama “Hope” poster created by Fairey is based on a photograph taken by an AP photographer and owned by AP.
- Why has Shepard Fairey sued AP?
The suit asks a judge to declare that Fairey’s work is protected by “fair use” exemptions to copyright law.
- What are the arguments on each side?
The AP states that the photograph in the poster is an AP photograph. Therefore, Fairey shuld have asked permission to use it, and should probably have paid a licensing fee.
Fairey states that he transformed the original photograph into a “stunning, abstracted and idealized visual image that created powerful new meaning and conveys a radically different message” than the original photograph.
- Of the following individuals and groups, which could potentially claim to “own” the image? What others can you think of? What are the consequences of assigning some degree of ownership to any/all of these parties?
- AP—the company who owns the photograph?
- Monica Garcia—who took the original picture while on assignment for AP?
- Shepard Fairey—the artist who produced the “Hope” poster?
- Descendants of Andy Warhol—the artist who seems to have inspired the red/blue wash?
How might the following groups be affected by the outcome of this case?
- The Obama Inaugural Committee—which charged up to $500 for signed posters?
- Penguin Group and other publishers—which have included the picture in published books?
- Institute of Contemporary Art in Boston—which includes the poster in an exhibit?
- National Portrait Gallery in Washington—which displays a mixed-media stenciled collage version in its permanent collection?
- The Constitution gives Congress the power “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Why did the Founders believe that allowing people exclusive rights to their creations would promote the progress of science and art?
Accept reasoned answers. Students may say that copyrights and patents ensure that people can make a living from the works they create. If newly created art, books, and inventions could be taken and used by anyone, there would be much less incentive for people to create, write, and invent. As a result, the progress of art and science would halt.
- Who do you believe has the stronger case, AP or Fairey? Why?
Accept reasoned answers. Some students may say that Fairey clearly used the image in his artwork, and the AP is owed payment for its use and continuing utilization in books, museums, etc. Others may say that while Fairey was inspired by the AP photograph, his artwork is clearly a new work of art and did not violate AP’s copyright.
Extension
Have students write a one-page essay in response to the following prompt. They should use historical examples to support their argument.
Some argue that copyrights for original art ensure that artists can control their property, its use, and its profits. If the law doesn’t protect property rights of artists, they will produce less art and our society will suffer. Critics of strong property protection for art argue that almost no artwork is completely original and that allowing one artist to sue another for infringement may lead to less art being produced. How much legal protection should artwork receive?
