Communications and Media Law

What's Fair Is Fair. But What Is Fair?

, New York Law Journal

James C. Goodale, former vice chairman of The New York Times and producer/host of the television program "Digital Age," writes that artist Shepard Fairey maintains that his use of an Associated Press photo without permission in a famous Barack Obama campaign poster was "fair." Through his creative talent he made the photo into something else - a political statement. Mannie Garcia, the photographer who took the original photo, can make a similar point, his photo is a creative work too. He can claim Mr. Fairey has stolen his creativity. A court that decides this case is caught in a difficult position. It has to make an artistic judgment which it may not be qualified to do.

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