"Like it or not, Fairey's use of the picture is well within the parameters of what’s considered "fair use." His transformation of the image—flipping and re-orienting it, adding jacket, tie and the "O" Obama logo, and converting it to his block print style—make it consistent with all legal precedents for public use."
yeah, that caused a bit of a stir in the comments but reading further it's realized Fairey didn't actually use the original image, rather it was the basis for the painting, sort of a stand-in for Obama sitting for a portrait.
The painting was done after the original printing according to this artist. Even the original discussion from his lawyer.
Lawyers for Fairey acknowledged that the artist used the photograph.
After the first run of prints, a painting was made. If all this was a painting based on a photograph I would not have a problem with it. It would still be nice to acknowledge the original artist (photographer).
If this person truly painted it first (which isn't his claim, or wasn't to begin with) why copy a photograph?
The painting was done after the original printing according to this artist. Even the original discussion from his lawyer.
Lawyers for Fairey acknowledged that the artist used the photograph.
After the first run of prints, a painting was made. If all this was a painting based on a photograph I would not have a problem with it. It would still be nice to acknowledge the original artist (photographer).
If this person truly painted it first (which isn't his claim, or wasn't to begin with) why copy a photograph?
we've obviously read different articles or have interpreted the information differently.
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"Like it or not, Fairey's use of the picture is well within the parameters of what’s considered "fair use." His transformation of the image—flipping and re-orienting it, adding jacket, tie and the "O" Obama logo, and converting it to his block print style—make it consistent with all legal precedents for public use."
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http://AnnaLeisa.smugmug.com/gallery/4752424_e4AsW/1/281905690_9QZEs
http://obamiconme.pastemagazine.com/
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I found this: http://www.copyright.gov/fls/fl102.html
If he didn't use the original photo taken....what did he use?
www.Dogdotsphotography.com
I don't understand your question.
what I stated above and what the artist explained is that he used the photo as a basis for his painting. he painted the portrait on canvas, by hand.
what Fairey did is no different than what Neiman did here
obviously Abraham Lincoln did not sit for Neiman.
Moderator of: Location, Location, Location , Mind Your Own Business & Other Cool Shots
Lawyers for Fairey acknowledged that the artist used the photograph.
After the first run of prints, a painting was made. If all this was a painting based on a photograph I would not have a problem with it. It would still be nice to acknowledge the original artist (photographer).
If this person truly painted it first (which isn't his claim, or wasn't to begin with) why copy a photograph?
Website
we've obviously read different articles or have interpreted the information differently.
can you link to whatever you read?
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It seems that Fairey Fairey obtained a legitimate license from photojournalist David Turnley for another Obama poster (not the HOPE one).
Does it impact his claim of fair use on the Mannie Garcia image?
Photographer finally admits he lied his lawyers have even left him.
Website
Ooops, you need a playbook...got it backwards. The ARTIST admitted his lie, not the photog.
The photographer of both images was Mannie Garcia. The artist that modified the photos for the poster is Shepard Fairey.