Fair(ey) Use

I think this comment sort of sums it up:

When AP first challenged Shepard Fairey's use of this photo, Mr. Fairey should have had the courage to admit that he had indeed based his painting [sic] on Mr. Garcia's photo — and to assert that he was well within his rights to do so under the fair use doctrine of copyright law. If he had told the truth from the outset and asserted the well established right to fair use, he would have done a real justice to artists, thinkers and all who seek to preserve the free exchange of ideas that copyright law envisions — even while it protects an individual's expression of those ideas. Instead, the important battle over fair use was drowned out by the false controversy over whether Mr. Fairey had, in fact, based his painting on the photo. True courage here might have meant admitting that his painting was perhaps not original while asserting that it was still legal.

by Marika, Boston, MA
May 28th, 2010, 6:31 pm


The NY Times captions the photo, but not the poster.


  1. true courage and shepard fairey. from today's reports, it sounds like the photographer himself was lying about whether he was shooting for AP or not.

  2. My thoughts exactly. This was a missed opportunity.