[FC-discuss] Artist of iconic Obama image sues AP to protect his fair use of original photograph

[Brian Rowe]

Fair use does not claim you have complete copyright in the new work.  Fair
use is situation specific.  A use for a political poster is different then a
use for a commercialy sold t-shirt.  Fairey could take the most commercial,
non-educational use possible and try to get in ruling on that use in hopes
that all other uses would also be considered fair use.

I am not sure a court has ever made a ruling that a work is so
transformative that it is always fair use.  Parody might be the closest to
authorizing all use of a specific work that i can think of and even there
the current potential market of the actual use is considered.

Brian Rowe
Freedom for IP

On Tue, Feb 10, 2009 at 4:03 PM, Rob Myers <rob at robmyers.org> wrote:

> Matt Lee wrote:
> > Is Fairey claiming full copyright over his finished work?
>
> That's what you can claim with Fair Use.
>
> > Maybe someone needs to make "fair use" of it and see how he feels then.
>
> As long as he doesn't go all JibJab.
>
> - Rob.
>
>
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-- 
Brian Rowe
3L Seattle University
(206) 335-8577 (Cell)

Access To Justice Technology Principles
www.ATJWeb.org

Freedom for IP
www.FreedomforIP.org

Seattle Human Rights Network
www.SeattleHumanRightsNetwork.org
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