“Ideas improve. The
meaning of words participates in the improvement. Plagiarism is necessary. Progress implies it. It embraces an author’s phrase, makes use of
his expressions, erases a false idea, and replaces it with the right
idea.” I believe that this quote said by
Guy Debord can be related to the Shepard Fairey controversy. Shepard Fairey, an American contemporary
graphic designer, was accused of stealing Mannie Garcia’s Associated Press news
photo of President Barack Obama, in the process of creating his famous campaign
poster. During the last presidential
election between President Obama and candidate Mitt Romney, Shepard Fairey’s
graphic “Russian-propagandist-looking portrait” of Obama with the word “Hope”
drawn in large, bold letters, became iconic.
This poster “achieved the rare feat of becoming a visual emblem of a
moment in American history” (Pop 1).
Image source:http://hilobrow.com/wp-content/uploads/2013/02/shepard-fairey-obama-poster.jpg
Although
this poster seemed successful in the campaign, as well as for Shepard Fairey’s
fame as an artist, this poster proved to be very controversial in the field of
plagiarism. Fairey found himself in a
lawsuit with the Associated Press, because of his unauthorized use of the news
service’s photograph. Photographer,
Mannie Garcia, took this portrait of Obama.
The Associated Press claims that Fairey’s use of the image violates
rules of copyright. However, Fairey
claims that he was exercising his First Amendment rights in making the portrait
of Obama, and that his use of the photograph as only a reference should fall
under the category of fair use.
In my
opinion, I believe that Shepard Fairey was exercising his right of “fair use”
while creating this portrait. As a
graphic artist, the purpose of this job for him was to create a campaign
poster, which he would have to use a photo of Obama in order to create. His designs are so unique and contemporary,
so one can see how he did not simply copy the photo taken by Mannie
Garcia. I believe that Shepard Fairey simply
used this photograph as a reference to create his Obama poster. Artists use references for creating pieces of
work very often, and to create something new out of the reference. Fairey’s purpose for creating this poster
was to support Barack Obama in the presidential campaign, and his intentions
were not for personal gain.
I tried to
think of a way that I could relate to this controversial topic. As a dancer or a dance choreographer, you are
constantly trying to create new dance pieces.
To create a dance piece, regardless of what style of dance (from ballet
to hip-hop), a choreographer takes different dance steps, turns, jumps, and
other factors and combines them into new choreography. In dance, it is not considered copyright if
you take a certain type of turn that was used in another dance, because chances
are it has been used in many dances.
However, if a choreographer takes a long section, or even a whole dance
and calls it his or her own, that could be considered taking someone else’s
work. I think that this could relate to
this controversy that Shepard Fairey went through. He used the photo of Obama as a reference for
his poster, and it can be seen as one factor, (or dance step), of the whole
piece of work he was creating. He did
not copy the design, the colors, the word, “HOPE,” but he merely used the photo
to replicate the picture of Obama.
Shepard
Fairey took part in an interview in which he stated his plans for creating this
poster. He describes a detailed image of
what he wanted to create in doing this poster.
Fairey describes the approach he took to his plan, when interviewed by
Iggy Pop of Interview Magazine. He said, “I wanted it to have a stylistic
connection to my other work, so I didn’t use the typical red, white, and blue—I
used the red that I use, and that cream background, and then I worked with
different shades of blue so the image had that patriotic feel. I wanted to make
an image that deracialized Obama, where he’s not a black man, but a
nationalized man.”
While
further researching this topic, I learned that Fairey admitted to destroying documents
and submitting false images in his legal battle with the Associated Press. Even though Fairey attempted to argue that his
artwork fell under fair-use laws, he received a sentence of two years'
probation and a $25,000 fine.
With this
considered, I can see the other side of this legal issue. Even though Fairey did not essentially copy
this photo, he still should have got permission to use it. It is the job of an artist to make sure to
give credit to any work that is even referenced, or have gotten legal
permission to use it. However, I still
believe that Fairey should not have been found guilty in this case. According to the article, “The Importance Of
Fair Use And Artistic Freedom,” Shepard Fairey states that “the Obama HOPE
poster was created and distributed with a belief in what Obama could do for
this country and my hope that I could inspire others to thought and action.
Making money was never a part of the equation.”
He also stated that as he received funds for his posters, he used them
to further the Obama campaign, and not for his own personal use. He created more posters and stickers, and
made donations to the Obama campaign. He
added that most of the remaining proceeds were given to causes he supports and
believes in from the ACLU to Feeding America.
Fairey, S. (2012, September 7). The Importance Of
Fair Use And Artistic Freedom. The Huffington Post. Retrieved January
26, 2014, from http://www.huffingtonpost.com/shepard-fairey/statement-about-my-trial_b_1864090.html
Ng, D. (2012, September 8). Shepard Fairey
sentenced to probation, fine in Obama 'Hope' case. Los Angeles Times.
Retrieved January 26, 2014, from http://articles.latimes.com/2012/sep/08/entertainment/la-et-cm-shepard-fairey-20120908
Pop, I. (n.d.). Shepard Fairey. Interview
Magazine. Retrieved January 26, 2014, from http://www.interviewmagazine.com/art/shepard-fairey/#_
U.S. Copyright Office - Fair Use. (n.d.). U.S.
Copyright Office - Fair Use. Retrieved January 26, 2014, from http://www.copyright.gov/fls/fl102.html
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