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Posts Tagged ‘AP’

HOW TO: Infringe on Copyright Infringement

2/09/09 - Posted by Carmel Hagen under Hot Topics

In some cultures, cameras are believed to steal pieces of your soul. Most Americans don’t buy into that - but recent events involving Shepard Fairey and a picture of Barack Obama suggest that we might want to believe otherwise. Is the camera the culprit? Not exactly. But if the photographer behind that camera works for the Associated Press, you can kiss your autonomy goodbye.

Thanks to copyright infringement laws that allow the AP to call dibs on certain images, guys like Obama can’t lay claim to pictures of themselves (or in this case, the art inspired by them). That signature chin tilt, that particular gaze? Sorry Prez, that belongs to the AP - and they want the big bucks for it.

But don’t worry; there are ways that Barack could have protected Shep from this shituation had he thought ahead, and not one of them involves enlisting Blackwater. AP may have the flash, but we’ve got the fight - and they won’t get your soul if you follow these five easy steps:

DO NOT: Look Towards the Future

Had Obama been looking anywhere else, it it safe to suggest that the AP would have had more trouble identifying the image. As a futuristic gaze is still fairly unique, and therefore more traceable, make sure you look directly at the camera, or slightly askew of it, or even towards last Tuesday.

DO: Grow a Beard

Had Obama a beard on the day that picture was taken, the odds of Shep’s poster having the correct appropriation of hair would have been slim. One millimeter of difference in beard growth or direction would have thrown the AP’s dating system out of whack, making their case null and Fairey a free man. This same tactic works with afros, hairstyles involving lots of teasing, and some of the racier hipster cuts.

DO: Blue Steel Yourself

Zoolander had Blue Steel - what’s stopping you from a signature expression (or two hundred)? It’s easy to take back what’s yours - just grab a camera, start making faces, and submit each of the shots for trademarking. Had Obama done this with that signature gaze, he could’ve blasted AP for ripping him off.

DO NOT: Sign That Paper

If an AP photographer asks you to sign anything, write “GO SUCK YOUR OWN LIFEFORCE” on his/her forehead. They’ll promise you fame, fortune and syndication, but don’t give in – if you do, you’re only days away from suffering small town newspapers paying them for pictures of you.

DO: Practice Your Right to Photobomb

A pictures only worth a thousand words if it’s A) In focus; B) In demand; and C) Qualified for national distribution. Mess anyone of those things up and you’ve saved another potential victim from the machine. This tactic was invented by college students (and typically involves flashing body parts), but you can take it as far as you’d like. Rush in, rush out, and shazam: you just infringed on copyright infringement.

UPDATE: Here’s a tactic we left out: Sue them back. (Fight ‘em hard, Shep!)

AP Hates on HOPE (and We’re Hating Right Back)

2/05/09 - Posted by Abdullah Saeed under Hot Topics

Shepard Fairey, previously known best for his worldwide sticker campaign come street art movement depicting Andre the Giant, is being hassled legally by the Associated Press for using one of their Obama photographs for his artwork promoting the then-candidate.

Fairey’s ‘HOPE‘ image, which resonated on an international level, is now an iconic representation of the anticipation felt by many in the months leading up to the 2008 election. Fairey made no attempt to profit from the piece and even endorsed its use for various media, contingent only upon the user making a donation to one of a few charitable organizations supporting the arts.

Ignoring Fairey’s personal mission and its ostensible parallel to the political standings of the candidate he supported with his art, the Associated Press is attempting to receive compensation for use of their original image. While the concept of fair use implies that the originality of a piece is dependent on a subjective assessment of how much of the original work is used and to what extent the new work relies on the primary one, the AP feels that they are entitled to a cut of the revenue generated by this work of Fairey’s in particular.

Clearly, the photograph was just one of a billion of Obama, and really would never have made an impact without the artistic rendition that managed to have such a huge effect on people. Obama even acknowledged Fairey himself for his effort. I know there should be a joke somewhere in this article, but seriously, some shit is just not funny.

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