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Rooting for Injuries Watch: The AP vs. that annoying trace artist guy.

Obama PosterYou know: Shepard Fairey, who took time out from cosplaying a graphic artist for Minitruth and plagiarizing everything that moved to trace out the iconic image of our new President.

Oh, well, it’s America, so it’s not like we really know what to do with irony, anyway. Might as well just shoot in the head and leave it dead in a ditch somewhere; seems more honest, really. Anyway, the AP finally noticed that they got ripped off. Amusingly, they did not see this as merely the logical extension of their already-quite-obvious policy for 2008 (i.e., getting Barack Obama elected any which way that they could that didn’t involve actual weapons), and thus a humorous quirk of the election. We just shot irony, remember? There was a loud explosion and everything.

No, they lawyered up instead.

The image, Fairey has acknowledged, is based on an Associated Press photograph, taken in April 2006 by Manny Garcia on assignment for the AP at the National Press Club in Washington.

The AP says it owns the copyright, and wants credit and compensation. Fairey disagrees.

“The Associated Press has determined that the photograph used in the poster is an AP photo and that its use required permission,” the AP’s director of media relations, Paul Colford, said in a statement.

“AP safeguards its assets and looks at these events on a case-by-case basis. We have reached out to Mr. Fairey’s attorney and are in discussions. We hope for an amicable solution.”

Mr. Fairey is claiming “fair use,” which is a defense whose effectiveness I am absolutely indifferent to, just as long as it’s not good enough to keep this puppy from going to trial. Personally, I’m hoping for recriminations, lawsuits, counter-suits, class-actions, demonstrations, a round of blackshirt anarchist rioting, and maybe a limited nuclear exchange. I can’t say that I care who wins, either. Actually, I do care: “nobody” counts, right?

Moe Lane

PS: By the way, the Obama campaign itself sold some of the pirated material. Hope they’re planning to give the AP its cut…

PPS: I add this link to the Best of Norman Rockwell solely as an exercise in applied sadism to any devotee of Fairey’s that might wander on in. Hey. You never know.

Crossposted at Moe Lane.

COMMENTS

  • http://www.RedState.com/ETCartman Kenny Solomon

    We should file suit against The One for being a traced drawing of Karl Marx without the beard…. and not paying royalties of course.

    ;)

  • http://dezignworx-ae.com tsquare

    Let the chewing begin…

    Can they both lose? The lawyers will see to that…

  • http://www.phxgonline.com phxg

    And while I find Fairey’s work to be at best on par with those asinine Ch? shirts it’s amazing how much the guy plagiarized.

    I went over the site and nothing there says “Original Artwork”. If that’s a defense I look forward to the AP intellectual property lawyers to take this guy to the mat.

  • itrytobenice

    Ding ding. Round 1. :)

  • http://www.ssce.net/Web-Articles/Web-articles-indexed-authors.html#authors-l JLenardDetroit

    Why didn’t he just say that he used that… I said that back during the “Time Magazine” thing…. There is no question in my mind the Che’ posters that moron had about had alot of influence in the whole thing also….

    Flashback:

    Obama as man of the Year… Someone with a brain sneaking by a message on the cover of Time? and did no-one else over at time catch it, or just agree with the visual/symbolism!?!?

    see any similarities!?!?

    Time story

    Che posters/art often have the backgrounds as shown… Did Time (or the initial illustrator) pick up the Che theme????

  • leftylurker

    The work is so clearly transformative that it’s hard to imagine it’s not a fair use. I know that there are other factors to the analysis, but unless the AP is willing to go all in on this it will settle for a small sum.

  • http://www.phxgonline.com phxg

    Now, knowing that pretty much everything, if not all was a direct copy I saw this and instantly thought Order of X breast pocket emblem. I couldn;t find anything directly similar except this.

  • http://www.phxgonline.com phxg

    NT

  • http://www.phxgonline.com phxg

    ..

  • http://moelane.com/ Moe Lane

    Link.

    Fortunately for my popcorn habit, there’s a fairly decent chance that the AP will in fact go all in: remember their attempts earlier to make us all pay large sums of money for their text?

  • http://www.phxgonline.com phxg

    I don;t buy Allahpundit’s verdict for the simple reason that the image, taken by an employee of AP (with equipment owned by the AP?) for use by the AP while remaining substantially the same image and not reproduced as parody (as in the 2 Live Crew case) is infringement.

    Now the fact that Fairey states he found it on Google Images, and if it’s never proven he downloaded the original, then he’s won based on the Google thumbnail case.

    But then again the closest I get to being a lawyer is paying lots of monthly retainers.