Sunday, January 26, 2014

Shepard Fairey Controversy



           “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. 

            In conclusion, I believe that Shepard Fairey can argue that his reference of Mannie Garcia’s photo of Obama in his “Hope” posters, can fall under the category of fair use.  This case has proved to be very controversial because distinction of what is fair use and what is infringement will not always be clear.  Shepard Fairey should have gotten permission or at least gave credit to Mannie Garcia for the use of his photograph, but overall, Fairey’s piece of artwork was his own and he should not have been considered copyright. 



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



No comments:

Post a Comment