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Associated Press sues retailers over iconic Obama image
BBC ^ | 11 March 2011 | BBC

Posted on 03/12/2011 4:29:14 AM PST by csvset

The Associated Press has sued several retailers including Urban Outfitters for the unauthorised use of the Hope image created by artist Shepard Fairey. Artist Fairey used an AP photo without permission to create the image, and was sued by the news agency for violating copyright.

That case was settled. AP argues that using the image on T-shirts is wilful and blatant violation of the copyright of the photo.

A spokesman said that using photos for free devalued the work of journalists.

The news agency filed lawsuits against Urban Outfitters, Nordstrom and Zumiez seeking unspecified damages.

A Nordstrom spokeswoman said in a statement that the firm was aware of the lawsuit. Representatives of the other retailers have yet to respond, AP said.

In a statement, AP spokesman Paul Colford said: "When a commercial entity such as these retailers, or the company that sold the shirts to them, gets something for nothing by using an AP photo without credit or compensation, it undermines the AP's ability to cover the news. "It devalues the work that our journalists do, often in dangerous locations where they may literally risk life and limb to cover a story."

Iconic image Street artist Fairey used the photo, taken by Mannie Garcia in 2006, when he created his Hope artwork during Barack Obama's 2008 presidential campaign. Fairey sued AP in 2009, seeking a declaration he had not violated its copyright with his iconic image. AP then counter-sued, saying he had done so through his uncredited and uncompensated use of its picture.

The deal agreed in January called for both sides to work together with the image and share future rights to merchandise based on it.

As part of the deal, Fairey agreed not to use another AP photo in his work without first obtaining a licence.

(Excerpt) Read more at bbc.co.uk ...


TOPICS: Business/Economy; News/Current Events; Politics/Elections
KEYWORDS: copyrightlaw; fairey; hope; nordstrom; obama; propaganda; shepardfairey; unicorns; urbanoutfitters
Feel free to post images of Obama here.


1 posted on 03/12/2011 4:29:20 AM PST by csvset
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To: csvset

2 posted on 03/12/2011 4:32:58 AM PST by csvset
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To: csvset


3 posted on 03/12/2011 4:35:41 AM PST by paulycy (Islamo-Marxism is Evil.)
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To: csvset

4 posted on 03/12/2011 4:35:41 AM PST by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: csvset
Obama Joker Card
5 posted on 03/12/2011 4:36:40 AM PST by missnry (The truth will set you free ... and drive liberals Crazy!)
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To: csvset

6 posted on 03/12/2011 4:39:02 AM PST by bigheadfred (THE ZOMBIE APOCALYPSE HAS BEGUN)
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To: csvset

7 posted on 03/12/2011 4:39:54 AM PST by Hotlanta Mike (TeaNami)
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To: csvset

That sounds like a lousy decision to me. When an artist uses a photo as the basis of a piece of art it is no different than painting a landscape. It is only a representation of something.


8 posted on 03/12/2011 4:40:05 AM PST by TigersEye (Who crashed the markets on 9/15/08 and why?)
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To: csvset

"What would the world be without me?"


9 posted on 03/12/2011 4:45:13 AM PST by raybbr (People who still support Obama are either a Marxist or a moron.)
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To: TigersEye
I believe the problem was that he "lifted it" electronically. Then he colored it in. href="http://s466.photobucket.com/albums/rr29/jjbdigitalart/?action=view¤t=OBAMASELECTION2.jpg" target="_blank">Photobucket
10 posted on 03/12/2011 4:47:44 AM PST by muawiyah (Make America Safe For Americans)
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To: csvset

11 posted on 03/12/2011 4:48:14 AM PST by csvset
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To: TigersEye

That’s original work ~


12 posted on 03/12/2011 4:48:22 AM PST by muawiyah (Make America Safe For Americans)
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To: muawiyah

That still seems to me like a substantial alteration. It’s not like he was selling copies of the pic. No one would look at the photo and the poster and consider them to be the same thing.


13 posted on 03/12/2011 4:50:19 AM PST by TigersEye (Who crashed the markets on 9/15/08 and why?)
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To: TigersEye

I don’t remember Nordstrom’s selling Bush shirts yet they sold Obama ‘Hope’ shirts. Won’t shop there anymore.


14 posted on 03/12/2011 4:52:15 AM PST by WaterBoard ("PBR Street Gang this is Almighty, over..")
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To: muawiyah

What is the original work? I don’t know what you are referring to.


15 posted on 03/12/2011 4:52:39 AM PST by TigersEye (Who crashed the markets on 9/15/08 and why?)
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To: TigersEye
That still seems to me like a substantial alteration. It’s not like he was selling copies of the pic. No one would look at the photo and the poster and consider them to be the same thing.

There is such a thing as a "derivative" work. This clearly falls into that category. Anyone looking at the two can clearly see that one is based on the other. A derivative work is covered by copyright law.

16 posted on 03/12/2011 4:52:51 AM PST by paulycy (Islamo-Marxism is Evil.)
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To: paulycy

A lousy law IMO.


17 posted on 03/12/2011 4:56:24 AM PST by TigersEye (Who crashed the markets on 9/15/08 and why?)
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To: csvset

18 posted on 03/12/2011 4:58:25 AM PST by csvset
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To: csvset

19 posted on 03/12/2011 5:00:35 AM PST by csvset
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To: csvset
it undermines the AP's ability to cover the news.

They have undermined their credibility all by themselves.

Someone making a buck off and image they created and continue to perpetuate, somehow impairs their ability to prop up that POS. That's what the issue really is

20 posted on 03/12/2011 5:01:06 AM PST by Ouderkirk (Democrats...the party of Slavery, Segregation, Sodomy, and Sedition)
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To: TigersEye
What is the original work? I don’t know what you are referring to.

The original is on the left. Two derivative works are on the right.


21 posted on 03/12/2011 5:05:05 AM PST by paulycy (Islamo-Marxism is Evil.)
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To: csvset

I wonder if my tax dollars helped pay for that?


22 posted on 03/12/2011 5:06:02 AM PST by jospehm20
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To: paulycy

Look at my post #10


23 posted on 03/12/2011 5:11:45 AM PST by muawiyah (Make America Safe For Americans)
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To: TigersEye
Photobucket obama
24 posted on 03/12/2011 5:14:44 AM PST by muawiyah (Make America Safe For Americans)
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To: csvset

25 posted on 03/12/2011 5:17:17 AM PST by martin_fierro (< |:)~)
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To: csvset

26 posted on 03/12/2011 5:35:15 AM PST by bert (K.E. N.P. N.C. D.E. +12 ....( History is a process, not an event ))
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To: csvset

OMG. Who is the guy on the right of Obama? It looks like Dr. House.


27 posted on 03/12/2011 5:41:33 AM PST by BuffaloJack (Obama did not learn incompetence; he was born to it.)
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To: csvset

A spokesman said that using photos for free devalued the work of journalists
...........................................................
How can anyone devalue the work of today’s journalists.


28 posted on 03/12/2011 5:50:04 AM PST by Venturer
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To: csvset

Where is the very evil one with the dead eyes that looks like the spawn of Satan?


29 posted on 03/12/2011 5:50:48 AM PST by kittymyrib
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To: BuffaloJack

Yes, Hugh Laurie, Obama and Uncle Joe.


30 posted on 03/12/2011 5:52:41 AM PST by csvset
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To: csvset
Photobucket

Gang-leader in chief

31 posted on 03/12/2011 5:58:53 AM PST by Hardraade (I want gigaton warheads now!!)
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To: csvset

32 posted on 03/12/2011 6:05:13 AM PST by Bassfire (Remember the Alamo!)
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To: csvset

33 posted on 03/12/2011 6:10:49 AM PST by Bassfire (Remember the Alamo!)
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To: muawiyah
Look at my post #10

That's very nice. I'm assuming it's original. I wish I could do stuff like that.

34 posted on 03/12/2011 6:20:54 AM PST by paulycy (Islamo-Marxism is Evil.)
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To: csvset

Bad tat. Doesn’t even look like barry.


35 posted on 03/12/2011 6:21:16 AM PST by NoGrayZone (Hell really is a bottomless pit of fire. Which side of the line are you going to choose? Palin/West)
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To: NoGrayZone

Looks like Spiro Agnew to me.


36 posted on 03/12/2011 6:27:14 AM PST by csvset
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To: WaterBoard

Obama t-shirts seem a rather tacky thing to see at Nordstrom. (as would Bush t-shirts) Usually you can count on Nordy’s selling quality merchandize, not the garbage sold in souvenir shops


37 posted on 03/12/2011 6:28:31 AM PST by EDINVA
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To: csvset

OMG, you are so right!! Hahaha!


38 posted on 03/12/2011 6:31:05 AM PST by NoGrayZone (Hell really is a bottomless pit of fire. Which side of the line are you going to choose? Palin/West)
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To: NoGrayZone

39 posted on 03/12/2011 6:36:38 AM PST by csvset
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To: csvset
Photobucket
40 posted on 03/12/2011 6:48:44 AM PST by baddog 219
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To: csvset

Lol, that’s the pic I saw!!


41 posted on 03/12/2011 6:50:11 AM PST by NoGrayZone (Hell really is a bottomless pit of fire. Which side of the line are you going to choose? Palin/West)
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To: csvset
Photobucket
42 posted on 03/12/2011 6:51:46 AM PST by baddog 219
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To: csvset

Is that ‘House’ on the right side of that painting?


43 posted on 03/12/2011 6:55:12 AM PST by airborne (Powerful public unions and fiscal calamity. (Notice how those go hand in hand?))
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To: missnry

44 posted on 03/12/2011 7:31:35 AM PST by BenLurkin (This post is not a statement of fact. It is merely a personal opinion -- or humor -- or both)
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To: TigersEye

There are a million photo’s that look like that one ,, why not just say it was based on a snapshot you , the artist , took... screw the AP. It’s suffifiently altered as to make the original indeterminable.


45 posted on 03/12/2011 8:00:19 AM PST by Neidermeyer
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To: csvset

And while many have speculated that it is directed specifically at Obama, some have pointed out that there is a splashing history against Shepard Fairey images.


46 posted on 03/12/2011 10:44:18 AM PST by a fool in paradise (The biggest waste of brainpower is to want to change something that's not changeable. -Albert Brooks)
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To: paulycy

Are you speaking for other FReepers now? lol


47 posted on 03/12/2011 11:09:17 AM PST by TigersEye (Who crashed the markets on 9/15/08 and why?)
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To: Neidermeyer

Agreed. There are probably fifty other photographs of him in the public domain that show a similar profile. Since AP is a media outlet the Fair Use Doctrine should come into play.


48 posted on 03/12/2011 11:12:22 AM PST by TigersEye (Who crashed the markets on 9/15/08 and why?)
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To: paulycy

I will bet there are thousands of similar images of the Won with his snoot up in the air, every Teleprompter speech he gives there are dozens of similar poses, you could even overlay El Duche in the same manner.


49 posted on 09/17/2011 8:42:36 PM PDT by itsahoot (The MSM will not pick my candidate--I will still vote for Sarah Palin, even if she doesn't run.--)
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