Illustrators and artists should be allowed to use photographs under the copyright “Fair Use” without having to pay any royalties to, or ask permission from to the original photographer or copyright holder. If the new work is transformative of the original photograph, then artists should be able to use photographs in their work because they serve as inspiration just as other art forms do.
Shepard Fairey was born in Charleston, South Carolina in 1970 (“Obey Giant” CV). He graduated with a B.A. from the Rhode Island School of Design in 1992 (“Obey Giant” CV). Fairey is a contemporary graphic designer and street artist who also founded OBEY Clothing (“Obey Giant” CV). He was first largely recognized for his “Andre the Giant Has a Posse” sticker campaign, and then for his controversial Barack Obama “Hope” poster in 2008 (Kennedy 1). Fairey is known for his guerilla-style street art in the graffiti scene (Brooks 1).
In 2009 Fairey sued The Associated Press in a civil suit in 2009 after it contended that he had infringed on the copyright of one of its photographs in creating the work (Kennedy 1). Fairey argued that his art constituted fair use under copyright law. Fairey maintained that he had never personally profited from sales of the image, which the A.P. disputed (Lewis 1). The civil lawsuit was settled, and the two sides agreed to financial terms and …show more content…
Fair Use protects artists and maintains motivation for creating inspired work. It is frustrating that Fair Use can be abused so easily because it’s subjective and ambiguous but it keeps boundaries open for artists. The purpose of art is to express oneself while speaking to the spectator on an emotional and personal level. The Hope poster spoke to people across America, and developed as an icon for hope and
Shepard Fairey was born in Charleston, South Carolina in 1970 (“Obey Giant” CV). He graduated with a B.A. from the Rhode Island School of Design in 1992 (“Obey Giant” CV). Fairey is a contemporary graphic designer and street artist who also founded OBEY Clothing (“Obey Giant” CV). He was first largely recognized for his “Andre the Giant Has a Posse” sticker campaign, and then for his controversial Barack Obama “Hope” poster in 2008 (Kennedy 1). Fairey is known for his guerilla-style street art in the graffiti scene (Brooks 1).
In 2009 Fairey sued The Associated Press in a civil suit in 2009 after it contended that he had infringed on the copyright of one of its photographs in creating the work (Kennedy 1). Fairey argued that his art constituted fair use under copyright law. Fairey maintained that he had never personally profited from sales of the image, which the A.P. disputed (Lewis 1). The civil lawsuit was settled, and the two sides agreed to financial terms and …show more content…
Fair Use protects artists and maintains motivation for creating inspired work. It is frustrating that Fair Use can be abused so easily because it’s subjective and ambiguous but it keeps boundaries open for artists. The purpose of art is to express oneself while speaking to the spectator on an emotional and personal level. The Hope poster spoke to people across America, and developed as an icon for hope and