Comments on: Fairey swipe was fair, lack of credit was not

By: Is giving credit all that hard? : Lou Lesko

Is giving credit all that hard? : Lou Lesko — Tue, 25 Aug 2009 21:09:49 +0000

[...] same goes for artists like Shepard Fairey who I chastised for not attributing the source photograph of his iconic Obama image to photographer Mannie Garcia. [...]

By: What fandom and cultural context can tell us about the Obama Hope controversy « The Learned Fangirl

Thu, 05 Mar 2009 22:27:51 +0000

[...] use (or copyright violation) is the role that cultural context can play. A related issue is the attribution/ownership/licensing of the original photo, discussed on Fresh Air — plus the initial filing [...]

By: Willie Fagan

Willie Fagan — Wed, 18 Feb 2009 07:10:57 +0000

Thanks on both counts Lou.

I am in Melbourne, capital of Victoria where the fires are still raging.

We lost a volunteer firefighter last night. These men and women are true heroes!

The rest of us are in their debt and cannot repay.

Again, thanks for your kind thoughts.
W

By: Lou Lesko

Lou Lesko — Wed, 18 Feb 2009 05:57:22 +0000

Willie: Absolutely. Thank you for asking. A big hello to everyone in Australia, and please know that my thoughts are with those affected by the fires.

By: Willie Fagan

Willie Fagan — Wed, 18 Feb 2009 05:13:36 +0000

Hi Lou,
Greetings from Australia.

In the spirit of your remarks above, is it ok if I (or anyone else), use the same wording regarding copyright and attribution via a link? :-)

I think it is a great idea, but thought it best to ask your permission first.

Regards,
Willie
http://williefagan.blogspot.com

By: Lou Lesko

Lou Lesko — Tue, 17 Feb 2009 21:44:15 +0000

Much of the lifting of work on the internet has more to do with education than anything else. The internet was established as a free exchange society open to everyone. Most people lifting images don't have any idea about copyright law or the fact that they are violating it. As professionals we need to understand that placing our work online may result in it getting used as part of another project. That's the brilliance of the remix. Acknowledging sources goes a long way to avoiding litigation. Had the Richter Scales acknowledged all the photographers in their piece, there probably wouldn't have been such a storm over the issue.

By: jonny

jonny — Tue, 17 Feb 2009 20:17:41 +0000

I think it’s not just an ‘unspoken’ rule, it’s a LEGAL requirement at the very least. If you are going to derive works, you have the obligation to get permission, or make payment where necessary.

By: Bennett Hall

Bennett Hall — Tue, 17 Feb 2009 19:37:57 +0000

I agree completely with your assessment – anyway I look at, this is a derivative work, which I understand is not fair use when there is commercial gain involved, as it appears the case here.

In the way of history, some decades again, I recall well a case whereby Morton Beebe litigated against Robert Rauschenberg over the famed collage arftists use of a published image Morton shot of a diver – it was the principle visual element in the collage. I believe the disposition of the case resulted in Rauschenberg giving an original signed piece to Mr. Beebe. Also, some years later, Jeff Koons copied a photograph by Art Rogers called “string of puppies”and made it into one of his mammoth scale sculptural pieces – Mr. Koons did not change at thing about the image – only the medium – I do not recall how that matter was resolved but a matter was initiated

SO why is that today it is more OK to lift an image and create a derivative work for gain. Was their change in teh copyright law that I am not aware of?

It does not seem to me that it IS OK – especially as I understand, that a fair amount $ changed hands in this case.