
Sweet!

A funny thing happened on the way to this Fair Use Exhibit A. For one, the ASSociated Press, who "know that most artists cannot afford to hire lawyers, and that even the ones who can will probably prefer to settle out of court than get dragged through three years of litigation...[b]ecause juries are unpredictable, copyright law is confusing and defending a copyright lawsuit is extremely expensive[,]"* have lately been attempting to strongarm Shepard Fairey for money he did not even make from the grassroots Obama campaign poster image he derived from a photograph he 'found on the web.' Rather than obey the giant newscorp, our good Shepard has countersued under protection from Stanford Law School's Fair Use Project. According to Jonathon Melber (*quoted above, from his Huffington Post) the salient issue here is transformation, as in primarily conceptual, not necessarily formal (see Street Artist Fairey Gives Obama a Line of Cred.) and also depends, to a lesser extent "on what, exactly, the original work is, how much of it you're using... and whether your new work hurts the commercial market for the original. (Note that the issue has nothing to do with whether anyone thinks your use is "fair.")" A second funny thing: turns out limited edition signed prints of Mannie Ramirez's original photograph are now selling for $1,200. Plus, he wants nothing to do with AP's complaint, and is in turn disputing AP's claim to full copyright ownership! So he has clearly NOT been hurt. (Though I've seen no indication Shepard Fairey offered up Mannie's name before others researched it out, which would be my one ethical criticism..."Keep Track! all ye who click and save, exercise due diligence! It's only fair." ;) For an exhaustive accounting of what Shepard DOES do appropriately and fairly see SuperTouch's irrefutable defense. The core point here is that Shepard repurposed, and thereby transformed, a news photograph meant to convey an event in a specific place into an emblematic illustration meant to convey more abstract notions of dynamic strength, leadership, and 'with it-ness.' There is little doubt he transformed it 'enough.