Cases study 4 :The Associated Press vs. Fairey

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




Case
The famous street artist Shephard Fairey created the "Hope" poster during President Obama’s 2008 presidential campaign. The design rapidly became a symbol for Obama’s campaign, technically independent of the campaign but with its approval.

In January 2009, the photograph that Fairey originally used was proved to be taken by Associated Press (An international news agency based in New York Cit) employee Mannie Garcia. The associated press then demanded compensation for the use of Garcia's photo because it is copyrighted.

Associated Press claimed it owned the copyright and demands compensation from Fairy who has been selling multiple copies of posters and stickers fro thousands of dollars. Fairey responded with the defense of fair use, claiming his work didn’t reduce the value of the original photograph,as we know fair use is a legal concept that allows exceptions to copyright laws based on how much of the original is used.

Held
Although there wasn’t a court case and an actual verdict, this case created a lot of expound around the value of work in these copyright battles. It’s unlikely that Garcia’s work could have ever reached the level of fame it did, if not for Fairey’s poster. Garcia himself stated he was “so proud of the photograph and that Fairey did what he did artistically with it, and the effect it has had,” but still had a problem with the fact that Fairey took the image without permission and without credit for it’s originator.

Copyright Act 1987 Section 36(1)
The Copyright Act 1987 states that an infringement occurs when a person does something without the licence or permission or consent of the copyright owner.

The copyright in a work is infringed when a person who:
(i)not being the owner of the copyright 
(ii)without consent or license of the owner of the copyright,



Copyright Act 1987 Section 13(2)
Certain conduct will not be considered as infringement of copyright. This provision provide defences to any allegation of infringement. 

FAIR USE
Where a copyrighted material is used for for purposes of non-profit research, private study, criticism, review or the reporting of current events. If such use is public, then it must be accompanied by an acknowledgement of the title of the work and its authorship.



Point of view
Based on the case above (The Associated Press vs. Fairey), had involve in Copyright Act 1987 - Section 36(1) Copyright infringement.

Associated Press(An international news agency based in New York Cit) got the right to sue Fairey (The famous street artist ) although the outcome of the case regarding copyright infringement is unknown because it was privately settled, it is thought that revenue produced from the "Hope" poster was split between Fairey and the Associated Press but Fairey took the image without permission and without credit for it’s originator. 

Why credit is important ? Because when you share artwork online without crediting the artist, it has many negative ramifications on their career. Besides, whenever you are using someone artwork that not belongs to you might lead you become an art thief. Most of people won't look into the source of the art beforehand to make sure it's legit when purchasing these products and only think about how cool it looks. Imagine how it feels if your artwork get used by others and they stated it’s belongs to them. Will you feel bad and depressed? Therefore, it is advisable that all of us give proper credits to the owner or innovate something by using the ideas instead of copying it directly. If you're an artist, do not underestimate the value of your work, you have every right to protect it. Its yours, no matter how many times people violate your right to ownership. Don't forget that you have something of value, that people will try to take for their own gain. Once again, I would like to say that every owner should credit their own artwork if they don’t want their own personal belongings get raided every day!




references :

https://99designs.com/blog/tips/5-famous-copyright-infringement-cases/

https://prezi.com/aybkk5j_6kuk/the-associated-press-vs-fairey/

https://cpyrightvisualarts.wordpress.com/2011/12/20/shepherd-fairey-vs-associated-press/

https://www.youtube.com/watch?v=iMCxtFmzmxM

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