PROFESSIONAL PRACTICES
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Overview
Overview
One of the endless debates in the art world is the fine distinction between inspiration and copyright infringement. A case study is Shepard Fairey's "Hope" poster, used in the 2008 campaign of then Senator Barack Obama. To learn more about fair use and copyright infringement, visit Stanford University's Copyright page.
Guide
Guide
Copyright Issues in Relation to Iconography
1. Compare the Shepard Fairey Obama Hope poster and the associated press photographer, Mannie Garcia's photograph. Discuss copyright issues in relationship to these images.
2. Listen to the NPR radio talk show about this controversy. Decide for yourself and discuss with the class.
"Shepard Fairey: Inspiration or Infringement?" - NPR
"The Power and Danger of Icons" by PJTV
Images for Comparison
Mannie Garcia
Photograph at Press Conferences in Darfur with George Clooney and then Senator Barack Obama
Mannie Garcia / Shepard Fairey
Side by side comparison of Garcia's cropped photograph and Fairey's "Hope" poster.
Update: Shepard Fairey v. AP
"As I have stated before I am fighting the AP to protect the rights of all artists but I do want to emphasize one other important point. I’m not accusing the AP of infringing anybody’s rights. I’m saying everyone should have the same broad rights of fair use and free expression, and that includes The AP. I’m not questioning The AP’s legal right to do what it does. But I am saying they have to be consistent. They can’t have it both ways. If AP photographs that do nothing but depict other artists’ work are protected by fair use, then my work has to be, too, because it’s at least as transformative, creative and expressive as The AP photos we identify in my response, if not much more so. If the AP has the right to do what it’s done, then so do I."
- Shepard (Source - Obey Giant)
Learn More
To learn more about Shepard Feirey go to the Obey Giant site.
To learn more about fair use, visit Stanford University's Copyright page.
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