An ethical debate on image use
By John Potter
Artist, Shepard Fairey, used an Associated Press photo shot in April 27, 2006 by Associated Press photographer Manny Garcia at the National Press Club in Washington as reference for the image that later became the Obama campaign poster.
See the uncropped photo and a comparison here
The story goes that Fairey created the image for one event, free of charge, and it’s popularity spread viraly.
Fairey never asked for or received any payment for use of the image. Despite this fact the image is appearing everywhere and people are profiting from it’s use, just not Fairey.
There is the question of whether he used the photo as reference or just traced it. There is the question of whether he modified it sufficiently to make it his own. There is the question of whether he is responsible for the use of the image once it was out of his control. There is the question of whether he is responsible for keeping it under control.
If you hire or employ artists, designers, copywriters or any creative people you should care about these issues. If you have a website or print promotional material you should care about these issues. These issues could effect you.
There is a legal right to the stuff that people create…usually the creative person themselves.
That having been said since here are some web resources you might want to have a look at:
“AP tries to shake down Shepard Fairey over Obama poster he didn’t profit from” from BoinBoing.net
“AP tries to shake down Shepard Fairey” from LA.metblogs
“AP alleges copyright infringement of Obama image” from The Associated Press
Also see article: Why Use Original Artwork
Addendum 02/07/09:
I have learned (on MSNBC.com) that the original mixed media piece was purchased by the Smithsonian for an undisclosed amount, so Mr. Fairey HAS profited from this image. That and the resulting associated poster and merchandise sales may be what The Associated Press is after. Also Time magazine recently commissioned Fairey to create a similar image of Obama for its Person of the Year cover….possibly because they were aware of the potential problem, but that is speculation on my part. Perhaps The Associated Press will try to make a connection to those funds as well (once again…speculation on my part).
My Opinion:
I can’t tell you how many times I’ve had clients say “don’t worry about copyright…no one will ever see this”. It’s kind of like the guy who innocently throws a snowball on the mountain top that becomes the avalanche that destroys the village. It’s a case study in thinking small, making big, then getting slapped back down to small because you started out thinking small and didn’t do things right.
If he hadn’t sold it to the Smithsonian it would be different, but the photographer deserves some of the credit in those hallowed halls, whether there’s money involved or not. He had plenty of time to contact The Associated Press or the photographer. It’s just a shame the photographer probably wont get anything out of it since she was working for The Associated Press. That’s my opinion.
Addendum 02/09/09:
Apparently the famous designer, Milton Glaser also feels Fairey went too far as he says in this Print Magazine article.
Here’s a short interview with Shepard Fairey by Xeni Jardin of BoingBoing.net…
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Clip from BoingBoing.net (not an Escape Key Graphics product) |
