Tuesday, September 10, 2013

AP/Shepherd Fairey Dispute



Summary:
This article, by Bailey, is about the Shepherd Fairey case.  Fairey created the Obama hope poster that by now everyone knows what it is.  Now, Fairey is being charged with copyright infringement because the original               photographer, Garcia, came forward and said that she took the picture.  However, Fairey thinks that this is unfair because he did not gain any money, and doesn’t seem to have any, from the photograph.  So if AP wants to get money from Fairey, it would be pretty hard because not only does he have none but his use of the photograph passes three of the four factors to decide if it is fair use or not.
Review:
I think that this is quite confusing.  I don’t think that Fairey is in the wrong because it seems to me that AP wants money.  Fairey doesn’t have a lot of money and he didn’t make any money using “their” photograph.  I think that this case falls under the fair use decision and that if there is no money to be made and it passes, technically, the four factors then it should be done and over with.

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