Wednesday, March 11, 2009

Suit and Countersuit

The feud between the Associated Press and the artist who created the famous Obama posters continues.

The artist, Shepard Fairey, sued first (a sort of preemptive strike) and now the AP has countered with a suit of its own.

Apparently, Fairey used an AP photo taken by Mannie Garcia as the basis for his highly stylized and stunningly different red, white, and blue image.

Just as Fairey's creation is not entirely his own, neither is Garcia's — after all, he did not create Obama's face.

The AP should keep in mind that the courts awarded photographers the right to create and publish images of public people and public places in order to further the nascent art of photography.

I'm not a lawyer, but I suspect the courts will rule in favor of Fairey and his transformative work for much the same reason.

1 comment:

Nancy said...

Good point. I'm with you on this one. Doesn't AP have some stories they should chase instead of an artist?