What Fairey did to that photograph was so simple that I'm sure a computer wizz could recreate it with a free-licensed, run of the line photo editing software program. I don't think his work constitutes fair use, however there is no doubt in my mind that it got President Obama elected into office by some token. I mean every window in every dorm had this picture facing outward! I don't know if there's such a thing as a legal exception, but I'm sure this one would qualify!?
Maybe Mannie Garcia didn't mind?
Here is my sister Genevieve.. She's running for student council something, maybe this will get her elected? I took the photo to begin with, so no legal fees to come.
I hope your poster enhances your sisters' campaign for Student council! It is good to know that no legal battles will follow you for it's creation.
ReplyDeleteI think you make some valid arguments. I to also think that an average computer program could recreate Fairey's work with minimal effort. I think his real problem lies in the fact that while he altered the colors and added text he did not alter the integrity of the photo itself. It is clearly the same image just tweaked. I think he would have a more solid case if you could not tell that it was someone else's photo doctored up.
ReplyDeleteAndy Warhol made his name essentially painting exact copies of iconic images. In fact, Warhol's estate may have some claim against Fairey(Marilyn Monroe). Slightly altereing an image has been accepted as art at least as far back as Warhol's day. Perhaps it isn't the talent needed to alter the photo but the vision to imagine the possibilities. Just playing devil's advocate here.
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