AP v. Shepard Fairey: Three Lawyers and a Newspaperman
Ron Coleman, Internet Superhero: "Yes, the question of photo-into-artwork is a longstanding and dicey one in copyright law. ... This should be settled, though. The President really kind of has his hands full already, you know?"
Peter Friedman: "I think his poster so profoundly transforms the impact of the image from the photograph that his poster is not an infringement."
Gabriel Malor, via e-mail: "At first blush, I would say that Fairey's work is transformative. That is, the character of his work is sufficiently different from AP's that it is 'fair use.' ... It is no longer a photograph, nor does it even look like a photograph."
To wrap it up, legendary Associated Press newspaperman Don Surber sounds off. To paraphrase: "Nyah nyah, I can use the poster legally. You can't."
I've got the awesomest Internet friends in the whole entire world!
Peter Friedman: "I think his poster so profoundly transforms the impact of the image from the photograph that his poster is not an infringement."
Gabriel Malor, via e-mail: "At first blush, I would say that Fairey's work is transformative. That is, the character of his work is sufficiently different from AP's that it is 'fair use.' ... It is no longer a photograph, nor does it even look like a photograph."
To wrap it up, legendary Associated Press newspaperman Don Surber sounds off. To paraphrase: "Nyah nyah, I can use the poster legally. You can't."
I've got the awesomest Internet friends in the whole entire world!
