Photo Attorney

Mar 20, 2009

Worth A Read - Comments on the "Fairey Use"

From IPI PolicyBytes (tongue-in-cheek):
Creativity isn't the hours of work and the years of experience that go into creating the original creative work. Creativity is taking someone's creation and splashing a little yellow paint on it. THAT's creativity. You call it a mash-up, and you're on the cutting edge of creativity, and you are so much more creative than the person who did the original work that they aren't even worth mentioning, unless they have agreed to abandon all their rights and use the borrower's licensing system, Creative Commons.

From the WSJ:
Earlier this year, New York gallery organizer James Danziger was planning a show featuring Obama campaign art, including the Fairey poster. He wondered whose photo had been used, but Mr. Fairey refused to say. Online searching found it to be Mr. Garcia's photo. When the AP learned the poster was based on its photo, it sought standard licensing terms from Mr. Fairey, who refused. . . .

[Manny] Garcia [the photographer of the photo at issue said:]"When I found out [my photo had been used], I was disappointed in the fact that someone was able to go onto the Internet and take something that doesn't belong to them and then use it," he said. "That part of this whole story is crucial for people to understand: that simply because it's on the Internet doesn't mean it's free for the taking, and just because you can take it doesn't mean it belongs to you."