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Fairey Use?

By Intellectual Property Law, Esq.

The hunt is on for the photographic source of Shepard Fairey's iconic Obama image, and, as Mike Madison says, now "the fair use fun can begin." Madison gets it started; he thinks the photographer may well have a good claim: "Sure, the photo is 'transformed' to a sizable extent, which pushes the fair use needle to Fairey?s side. But surely the owner of the copyright could have charged Fairey or the campaign a fee to use the photo. Given the ubiquity of the image, a well-conceived deal might have generated a substantial amount of money. Push that needle back a ways."

Full post as published by The Art Law Blog on January 21, 2009 (boomark / email).