Is This Fair Use?

We talked about the battle over copyright and fair use between the Press Association and Shepard Fairey back in October. The post is here – Art News: From Populist Hero to Plagiarising Hypocritebut, in a nutshell, the Press Association ended up in a lawsuit with Fairey over whether he should owe any royalties over his career defining Obama “Hope” poster. Fairey admitted destroying evidence showing he had appropriated the photo in question and his lawyers decided to drop him as a client.

The case still continues but it doesn’t seem to have hurt Fairey’s career yet… he’s just been chosen to design the official artwork for the “World’s premier music event”, the Grammy Awards. Given the amount of recycled re-released music and horrid Idol-style cover versions washing around in modern culture perhaps the President/CEO of the The Recording Academy, Neil Portnow, was being ironic when he said this today…..

Shepard Fairey is as much a music fan as he is an artist, and his piece captures the tradition and timelessness of the GRAMMYs, while bringing a fresh and contemporary perspective to represent our 52nd Annual GRAMMY Awards

Given the litigious nature of Mr Fairey it would be interesting to know if he’s planning on pursuing the makers of “Obama Acid” for ripping off the “Hope” poster for the packaging on their product.

I wonder if they’d claim it’s Fair Use?


Warning: Can cause hallucinations of victory in Afghanistan

Thanks to the intriguing Erowid for the pics…

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