Progress, Hope and Copyright
Recently, in a business of photography class, a student stated that he could use someones work if it was ” changed” into a new and different piece of work. What he was was talking about was creating a “derivative work” based on another persons copyrighted work.
The fact of the matter is, that as a copyright owner, someone MUST seek permission to create a derivative work or they the face the possibility of an infringement suit. Related Post: Copyright Basics — http://aphotographersblog.net/2009/02/09/copyright-basics/.
You know those Barack Obama posters that you’ve seen everywhere, well they are now at the center of a legal whirlwind. The posters are “derivative works” based on a photograph.
The issue boils down to “Fair Use”. Related Post: Copyright Basics — http://aphotographersblog.net/2009/02/09/copyright-basics/ .
Here’s a time line:
- In 2006, photographer Mannie Garcia created a photograph while working with the Associated Press. Mr. Garcia states he was not an employee nor was he under contract with the AP. Since he was not an employee, or under contract with the AP, I imagine that Mr. Garicia owns the copyright.
- Artist Shepard Fairey used Mr. Garcia’s photograph last year to create the ubiquitous campaign posters. Mr. Fairey acknowledges that he used Mr. Garcia’s photograph but, since he believes that his “derivative work” based on the photograph is “fair use,” and as such he does not need to credit or compensate anyone.
- AP sues Fairey.
- Fairey sues AP.
Use the following links to read on.
- AP seeking compensation for use of Obama picture— http://www.breitbart.com/article.php?id=CNG.a08648e63ec4d08d7c05ae37d940c6d0.9b1&show_article=1
- California Artist Sues AP Over Image Of Obama— http://www.breitbart.tv/?p=276453
- Who Owns This Face?— http://kobrechannel.blogspot.com/2009/02/who-owns-this-face.html 1
- 0 Question For Mannie Garcia— http://photobusinessforum.blogspot.com/2009/02/10-questions-for-mannie-garcia.html
- Photograph and Posters on Mr. Garcia’s website— http://web.mac.com/manniegarcia/iWeb/mannie%20garcia/Hope.html
Feb 10, 2009 | Categories:Learn Photography | Tags: Barck Obama, copyright, derivative work, fair use, Manie Garcia, Shepard Fairey | 3 Comments »