Comments on: Shepard Fairey's Comment on Recent Updates in the AP Legal Conflict http://boingboing.net/2009/04/16/shepard-faireys-comm.html Brain candy for Happy Mutants Thu, 23 May 2013 03:22:00 +0000 hourly 1 http://wordpress.org/?v=3.4.1 By: ninjarealist http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-466944 ninjarealist Wed, 30 Nov -0001 00:00:00 +0000 #comment-466944 Fairey is such a hypocrite. http://www.boston.com/bostonglobe/editorial_opinion/outofline/2009/02/fairey_obey_my_lawyers_1.html How are you gonna sue someone for appropriating your work and then sue someone else when they get mad at you for appropriating theirs. Fairey is a chump. If Fairey wants to sue the AP, he needs to retract his suit against Baxtrer Orr. Fairey is such a hypocrite.

http://www.boston.com/bostonglobe/editorial_opinion/outofline/2009/02/fairey_obey_my_lawyers_1.html

How are you gonna sue someone for appropriating your work and then sue someone else when they get mad at you for appropriating theirs. Fairey is a chump. If Fairey wants to sue the AP, he needs to retract his suit against Baxtrer Orr.

]]> By: cinemajay http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-466993 cinemajay Wed, 30 Nov -0001 00:00:00 +0000 #comment-466993 I understand that newspapers are dying on the vine, but attacking artists can't be good, er, press. I understand that newspapers are dying on the vine, but attacking artists can’t be good, er, press.

]]> By: jfrancis http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-467507 jfrancis Wed, 30 Nov -0001 00:00:00 +0000 #comment-467507 @17 interesting. @17 interesting.

]]> By: zebbart http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-467273 zebbart Wed, 30 Nov -0001 00:00:00 +0000 #comment-467273 He also thinks he owns the word OBEY. http://www.pittsburghcitypaper.ws/gyrobase/Content?oid=oid%3A59932 He also thinks he owns the word OBEY.
http://www.pittsburghcitypaper.ws/gyrobase/Content?oid=oid%3A59932

]]> By: Anonymous http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-466795 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-466795 Good going, Mr. Fairey. Just don't settle on it. Take it to trial and get a precedent that can be applied to other cases. Good going, Mr. Fairey. Just don’t settle on it. Take it to trial and get a precedent that can be applied to other cases.

]]> By: Anonymous http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-466799 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-466799 Perhaps Fairey should try to be as consistent as he wants the AP to be. THEY never made any claim to having any part in the CREATION of the cited works. If Fairey had, from the start, included some sort of "...inspired by/based on/from a photograph by..." credit, his 'consistency' argument would have a lot more credibility, as would his fair use argument - and he may not have found himself facing the legal problems he does now. Perhaps Fairey should try to be as consistent as he wants the AP to be. THEY never made any claim to having any part in the CREATION of the cited works.

If Fairey had, from the start, included some sort of “…inspired by/based on/from a photograph by…” credit, his ‘consistency’ argument would have a lot more credibility, as would his fair use argument – and he may not have found himself facing the legal problems he does now.

]]> By: the Other michael http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-466809 the Other michael Wed, 30 Nov -0001 00:00:00 +0000 #comment-466809 >not corporations who appropriate other people's work for profit.. hrm, that sounds like both sides in this conflict. >not corporations who appropriate other people’s work for profit..

hrm, that sounds like both sides in this conflict.

]]> By: Rindan http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-467077 Rindan Wed, 30 Nov -0001 00:00:00 +0000 #comment-467077 Eh, I think they can all go to hell. Fairey gets his rocks off suing other artists who parody his own work, all the while parodying everyone else. I am entirely for fair usage, but Fairey is hardly the poster boy. A guy who copies and alters images for a living who flips his shit when someone does the exact same thing to him is clearly an megalomaniac. Eh, I think they can all go to hell. Fairey gets his rocks off suing other artists who parody his own work, all the while parodying everyone else. I am entirely for fair usage, but Fairey is hardly the poster boy. A guy who copies and alters images for a living who flips his shit when someone does the exact same thing to him is clearly an megalomaniac.

]]> By: Brainspore http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-467090 Brainspore Wed, 30 Nov -0001 00:00:00 +0000 #comment-467090 It wasn't exactly obvious that Baxter Orr's poster was supposed to be a parody rather than one of the <a href="http://obeygiant.com/prints/peel-print">variations Fairey regularly creates</a> of his own "Giant" image. Fairey encourages actual parody of his work. In fact, he <a href="http://obeygiant.com/bootlegs">posts it on his web site.</a> It wasn’t exactly obvious that Baxter Orr’s poster was supposed to be a parody rather than one of the variations Fairey regularly creates of his own “Giant” image.

Fairey encourages actual parody of his work. In fact, he posts it on his web site.

]]> By: Anonymous http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-466850 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-466850 This article exemplifies the trouble I have with our laws; they don't mean anything. The AP doesn't care about copyright infringement. They could care less about "justice." They just want to use the law as another tool to protect their business. Is this why I pay taxes? To support a system of law that is not based on justice but rather on corporate interest? I think the answer is yes. This article exemplifies the trouble I have with our laws; they don’t mean anything. The AP doesn’t care about copyright infringement. They could care less about “justice.” They just want to use the law as another tool to protect their business. Is this why I pay taxes? To support a system of law that is not based on justice but rather on corporate interest? I think the answer is yes.

]]> By: Anonymous http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-466609 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-466609 Silly artist. Rights are for corporations! Silly artist. Rights are for corporations!

]]> By: Billy Blight http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-466866 Billy Blight Wed, 30 Nov -0001 00:00:00 +0000 #comment-466866 An artist who took another person's work to make his art piece is angry that people noticed/cared. Big. Deal. An artist who took another person’s work to make his art piece is angry that people noticed/cared.

Big. Deal.

]]> By: eustace http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-466618 eustace Wed, 30 Nov -0001 00:00:00 +0000 #comment-466618 Good luck with that reasonable, fact-based approach, Mr. Fairey. The Fourth Defence is a chunk of purest win; unclean hands indeed. Good luck with that reasonable, fact-based approach, Mr. Fairey. The Fourth Defence is a chunk of purest win; unclean hands indeed.

]]> By: Takuan http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-466622 Takuan Wed, 30 Nov -0001 00:00:00 +0000 #comment-466622 aye aye

]]> By: Anonymous http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-467139 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-467139 I think the problem with Fairey is that he considers himself a fine artist where fair use would apply. He's clearly a commercial artist, a graphic designer and illustrator. His work is meant for commercial consumption which opens him up to more liability. I think the problem with Fairey is that he considers himself a fine artist where fair use would apply. He’s clearly a commercial artist, a graphic designer and illustrator. His work is meant for commercial consumption which opens him up to more liability.

]]> By: christov http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-467145 christov Wed, 30 Nov -0001 00:00:00 +0000 #comment-467145 I think Fairey's use of the picture is absolutely allowed under fair use (the transformation from the original is dramatic). However, suing the AP is a non-starter. The press is granted substantially greater fair use rights in reporting news than any other party. The courts hold that the public good of allowing news organizations wider latitude to use images without getting permissions is greater than the public good of protecting copyrights. So Fairey's comparison is not apt. The courts will hold that an article about the poster (or a museum, or a painting, etc) are allowed to use an image of the subject so that people can see what we are talking about. I think Fairey’s use of the picture is absolutely allowed under fair use (the transformation from the original is dramatic). However, suing the AP is a non-starter. The press is granted substantially greater fair use rights in reporting news than any other party. The courts hold that the public good of allowing news organizations wider latitude to use images without getting permissions is greater than the public good of protecting copyrights. So Fairey’s comparison is not apt. The courts will hold that an article about the poster (or a museum, or a painting, etc) are allowed to use an image of the subject so that people can see what we are talking about.

]]> By: wanion http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-466648 wanion Wed, 30 Nov -0001 00:00:00 +0000 #comment-466648 You forget one thing, Fairey: artists don't need money, the AP does. Fair use is for poor people, not corporations who appropriate other people's work for profit...is like the way the news station has the right to claim copyright infringement on the rebroadcast of their broadcast of the Improv Everywhere April Fool's joke. You forget one thing, Fairey: artists don’t need money, the AP does. Fair use is for poor people, not corporations who appropriate other people’s work for profit…is like the way the news station has the right to claim copyright infringement on the rebroadcast of their broadcast of the Improv Everywhere April Fool’s joke.

]]> By: thatbob http://boingboing.net/2009/04/16/shepard-faireys-comm.html#comment-467173 thatbob Wed, 30 Nov -0001 00:00:00 +0000 #comment-467173 People! He is NOT suing the AP! He and his lawyers have gathered this evidence as a RESPONSE to the AP lawsuit. This isn't even a countersuit. It's just his defense. People! He is NOT suing the AP! He and his lawyers have gathered this evidence as a RESPONSE to the AP lawsuit. This isn’t even a countersuit. It’s just his defense.

]]>