The Associated Press Vs. Fairey – The Intricacies of Copyright Law

copyright infringement

Photograph: Mannie Garcia – 2006 (via The New York Times); Poster: Shephard Fairey – 2008 (via Wikipedia)

After reviewing the article below it seems to me that copyright law is a real delicate balancing act.  In the example above, The Associated Press Vs. Fairy, a street artist drew the Obama picture to the right which was approved for use by the Obama campaign.  This image became quite famous as a result.  However, the artist created the drawing from a photo that was taken by a freelance photographer and published by the Associated Press, and did not credit them in any way.  The result, a 50/50 split of the profits in an out of court settlement.  It would be interesting to know whether the artist could have reaped all the profits if they had simply credited the Associated Press….something to ponder.  Anyway, there are more interesting cases included in the article below and I encourage you to have a read!

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