In the record industry you usually get a cease and decease letter if folks are really that concerned. Why not now? I don't wanna be a broken record or needlessly sound the alarm, but the name of the game here is control. The name of the game is to stifle creativity and make it difficult for folks to communicate with one another.. Lets keep an eye on this case. Folks please keep in touch with your congress folks and around the issue of copyright. Don't take any of this for granted. Last week I ran a story about how the lauded and popular Congressman John Conyers was sponsoring a draconian bill that was dreamed up by the RIAA and the Record Induustry which would continue to make it difficult to spark off small independent run Internet Radio stations.
Look, I know all this news seems a bit overwhelming to the point of folks wanting to throw up their hands and not care. But these battles are winable. The opponents are not invulnerable. We just have to start being more aware and pay closer attention to anything that infringes upon your right to communicate freely and speak to the masses... Please take some time and really think about this and the direction we are headed.
AP ALLEGES COPYRIGHT INFRINGEMENT OVER OBAMA IMAGE:
Shepard Fairey says his image is protected under 'fair use.'
*The now-iconic red, white and blue-hued image of Barack Obama that was featured on buttons, posters, stickers and Web sites during his presidential campaign is now the object of a lawsuit filed by the Associated Press.
The news outlet claims it owns the copyright to the image and wants credit and compensation from the Los Angeles-based street artist who designed it, Shepard Fairey.
Fairey has acknowledged that the image is based on an Associated Press photograph, taken in April 2006 by Manny Garcia on assignment for the AP at the National Press Club in Washington.
But the artist's attorney argues that his client's use of the photograph falls under "fair use," a legal concept that allows exceptions to copyright law, based on, among other factors, how much of the original is used, what the new work is used for and how the original is affected by the new work.
"We believe fair use protects Shepard's right to do what he did here," says Fairey's attorney, Anthony Falzone, executive director of the Fair Use Project at Stanford University and a lecturer at the Stanford Law School. "It wouldn't be appropriate to comment beyond that at this time because we are in discussions about this with the AP."
The AP's director of media relations, Paul Colford, said in a statement: "The Associated Press has determined that the photograph used in the poster is an AP photo and that its use required permission. AP safeguards its assets and looks at these events on a case-by-case basis. We have reached out to Mr. Fairey's attorney and are in discussions. We hope for an amicable solution."
A longtime rebel with a history of breaking rules, Fairey has said he found the photograph using Google Images. He released the image on his Web site shortly after he created it, in early 2008, and made thousands of posters for the street. As it caught on, supporters began downloading the image and distributing it at campaign events, while blogs and other Internet sites picked it up. Fairey has said that he did not receive any of the money raised.
A former Obama campaign official said they were well aware of the image based on the picture taken by Garcia, a
temporary hire no longer with the AP, but never licensed it or used it officially.
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