What's fair for Fairey?

You are probably all familiar with this image by now; it has been plastered on buttons and walls for months. The image that did so much for President Barack Obama's campaign has lately fallen under some controversy. Designed by LA based street artist Shepard Fairey, the image was based on an original photograph by an AP photogropher. Fairey, the AP, and Mannie Garcia (the photogropher) are all currently claiming their rights to the image.

Fairey is now suing the AP, hoping a judge will decide that he did not create this poster in a violation of copyright law. Fair use is a bit of a touchy issue for me, but this seems pretty clear. Had Fairey taken the original image and simply pasted the text "hope" across the bottom, this poster would not have had the same effect. While the image might be based on a photograph, the idealistic feeling emanated by it is a product of Fairey's play on color and style. According to this article, Garcia didn't realize the poster was based on his photograph until months after the fact.

See more works by Shepard Fairey here.