Interesting. There is a commercial running on the USA channel that features that little infringing bastard. He says..."I love doing things I am not supposed to do and getting away with it."
Yep, he says that. On TV. What a total buffoon. Just rip off a guys image, paint over it (yeah, that takes a lot of, LOL, talent...) and then claim it is the "right image at the right time"... Bwahahahahaha. Hey, asswipe... I hope they clean the floor with your ass and the photographer gets everything you have and everything you are ever gonna have.
Coulda' done that with a friggin Photoshop Plug-in...
"... and getting away with it."
Let's hope those days are gone.
Photo Attorney: AP Claims Fairey's Use of the Obama Photo Is An Infringement:
"As an update to my January 22 blog, the ajc.com reports that the AP has made a claim against Fairey for infringement of its photograph. Fairey's attorney claims that the use is permitted through 'fair use.' Who is right? Unfortunately, only a court can truly tell us. But that doesn't stop us from trying to figure it out!
For general information, my article on fair use is helpful. The summaries on fair use cases provided by the Copyright Management Center and Stanford University give a sense of how the courts have handled fair use issues for those particular circumstances. But therein lies the problem - because fair use is analyzed by a group of factors and those factors are applied to those situations, it's difficult to figure out what a court would do in a different matter.
Are Photographs Protected By Copyright?
Copyright protection subsists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. 17 USC 102. Generally, the creative elements to a photograph include the angle, the lighting, the selection of depth of field, the exposure, the color balance, the crop, etc."
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