Comments on: Crowd-sourcing a “fair use” case http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/ Blog, news, books Tue, 10 Oct 2017 06:01:00 +0000 hourly 1 http://wordpress.org/?v=3.8.2 By: طراحی سایت http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-47562 Tue, 06 Jan 2015 10:40:00 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-47562 so Helpful . Fortunate me I discovered your web site…thanks

bulk billing doctors

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By: cars http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1037 Wed, 22 Jul 2009 09:27:29 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1037 Good interview with Fairey and Garcia now running on NPR

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By: grow taller 4 idiots http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1036 Tue, 21 Jul 2009 17:48:45 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1036 While I’m at it, why don’t I coin the phrase “Fairey Use” while I’m at it. I’m not sure exactly how these phrases should be used in characterizing particular applications of the the Fair Use and Scenes A Fair concepts relevant to the Fairey v. AP affair, but I assume more learned minds will find ways to use them.

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By: Anonymous http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1035 Fri, 10 Apr 2009 09:02:03 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1035 This is a passage from an article by Paul Edward Geller for the Journal of the Copyright Society of the USA. I’m sure the representation of Fairey is more than adequate but I thought this was very well stated and could be applied to Fairey’s reworking of the Obama image (this passage discusses Van Gogh’s riffing on Hiroshige’s woodblock prints):

Suppose, for example, that making prints with Hiroshige’s woodblocks takes technical skill, but not creativity: the resulting copies are routine. [cite to Bridgeman v. Corel]. Hiroshige may invoke his core right to stop the printer from disseminating such mechanically produced copies, which represent only Hiroshige’s “own” creations. But we can tell Hiroshige’s prints and Van Gogh’s studies apart at a glance: while copying the earlier artist’s creation, the later artist has woven in substance that could not have been routinely generated. From one’s prints to the other’s studies, composition goes from static to dynamic, coloration from muted to emphatic, and emotional tone *181 changes altogether. Under our second principle, Hiroshige may not stop Van Gogh from disseminating the later studies, which represent Van Gogh’s “own” creations. [FN70] Creators should rather be left free to contribute to our culture as they rework it.

55 J. Copyright Soc’y U.S.A. 165

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By: jen http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1034 Mon, 16 Mar 2009 16:44:51 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1034 FYI, Warhol took his own photos for the most part.

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By: Richard http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1033 Wed, 04 Mar 2009 17:20:01 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1033 Hey, I just saw this floating around Twitter, thought it was a perfect example of what Lessig writes about in ReMix.

http://thru-you.com/

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By: rumspring http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1032 Sat, 28 Feb 2009 16:38:56 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1032 While I’m at it, why don’t I coin the phrase “Fairey Use” while I’m at it. I’m not sure exactly how these phrases should be used in characterizing particular applications of the the Fair Use and Scenes A Fair concepts relevant to the Fairey v. AP affair, but I assume more learned minds will find ways to use them.

So, it would be nice of anyone who uses the the new phrases I’ve coined “Senes A Fairey,” and “Fairey Use” to properly attribute them to me. After all, it is my creative work to which I would like to claim intellectual property rights. And you all can assign your own meaning to my creations and repeat them a few hundred thousand times elsewhere at your own expense as part of your creative works to make them into something. But remember to attribute them to me when they make their way into the dictionary.

Meanwhile, my creativity is spent, so I’ll sit back, relax, and just wait for someone to make something of my creations…

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By: rumspring http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1031 Fri, 27 Feb 2009 20:44:59 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1031 I just want to coin the phrase “Scenes A Fairey.”

I’ll let you all decide what it means, but remember it is my IP and you must attribute it to me when you use it.

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By: Maria Popova http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1030 Fri, 27 Feb 2009 15:31:03 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1030 The cultural detriments of copyright law continue to amaze me. After all, isn’t copyright law supposed to be simply an incentive for creators to create? Shepard Fairey’s creation is, without a doubt, one of graphic design’s most important cultural contributions of our time – not so with a mundane AP photograph by a political paparazzo who will forever remain nameless. I don’t mean to belittle photo journalists’ work but, rather, to point out that in this case, copyright law hinders rather than incentivizing culturally significant creation.

As an antidote to this, I recently had first-hand experience with how this sort of issue is handled correctly – I launched TEDify, modest project paying tribute to the TED conference by remixing sound clips from different TED talks to form audiovisual collages that convey certain messages. This, of course, violates TED’s copyright – of their logo, of the audio and video material, of their entire organization. BUT, the team at TED was extremely supportive of this totally user-generated derivative work, they worked with me to work out the details and actually helped me promote the project.

TED, of course, is an exemplar of intellect and cultural aptitude. So I wasn’t surprised. I just wish we’d see this sort of context-informed approach on a larger scale, rather than the narrow and limited clinging to antiquated and idiotic laws that we see in the Shepard Fairey / AP case.

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By: G http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1029 Thu, 26 Feb 2009 23:27:24 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1029 I’m concerned that we will end up extending “fair use” to the point that corporations will be able to use works without paying compensation. Fairey was not running a non-profit. He made revenue from these posters. It is great that he used the money for a good cause, but ObeyGiant is a company not a non-profit. If he wins it is going to open doors that we many never be able to push back. Think about that.

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By: Rick http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1028 Thu, 26 Feb 2009 20:38:01 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1028 Good interview with Fairey and Garcia now running on NPR.

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By: YM http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1027 Wed, 25 Feb 2009 21:39:31 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1027 There are many pieces of digital art created by the software Studio Artist from Synthetik Software. Ones made from obama pictures are at http://studioartist.ning.com/main/search/search?q=obama

This software uses photos (or videos) for source lines and color and then applies filters over them to make them look like painting.

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By: Steve Baba http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1026 Tue, 24 Feb 2009 17:30:43 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1026 If it gets that far, I would expect the AP’s lawyers to use someone like Robert Bechtel to explain that Fairey SKIPPED the process and the decisions normal painters make when Fairey digitally copied the picture.

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By: Kate Hyde http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1025 Tue, 24 Feb 2009 09:52:01 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1025 the great distinction between inspiring source photo and subsequent painting, and the extreme difference in their context, seems relevant here. ie how even if a painting is inspired from a photo, its purpose/meaning in culture is very different.
So here the argument is: to say it’s ‘derived’ from a photo lacks understanding of the process.

Check out testimony of very highly respected Robert Bechtle on this subject at SFMOMA. http://www.sfmoma.org/multimedia/videos/230

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By: Renee Hobbs http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1024 Mon, 23 Feb 2009 21:08:58 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1024 Can an animated little bird and a skater girl help young people learn about the concept of intellectual property? Can a “Schoolhouse Rock” style music video help people appreciate their social responsibilities and rights under copyright law?

Researchers at Temple University’s Media Education Lab have created two animated music videos to clarify the purpose of copyright and the doctrine of fair use. Catchy lyricsand clever visuals help people understand how “context and situation determine how fair use applies” to the use of copyrighted materials. A solid understanding of copyright and fair use is especially important for theuse of remix practices that are now common on You Tube, MySpace and othersocial networking sites. That’s why they’ve posted their music videos to You Tube.

Check out “Users’ Rights, Section 107″ at
http://www.youtube.com/watch?v=8tWhKeb-fUQ

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By: JeanRicard Broek http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1023 Mon, 23 Feb 2009 11:34:43 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1023 See this example: http://www.georgetownframeshoppe.com/img/warhol20.jpg

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By: Steve Baba http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1022 Sat, 21 Feb 2009 13:32:46 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1022 I was not looking at the time, but now that I think about it didn’t the Obama campaign have little OFFICAL use of the Fairey pictures likely because they googled him and saw nothing but trouble? No one in their right mind would buy or use anything from him with confidence it was not copied. Some amateur grass root organizations used the pictures.

Nice of people like Lessig to drag President Obama’s name through the mud, undeserving, with Fairey.

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By: Steve Baba http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1021 Fri, 20 Feb 2009 17:41:43 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1021 Now that I think about it, isn’t this an opportunity to promote using LEGAL Creative Commons photos – and help the amateur photographers become famous – as opposed to argue for taking commercial photos.

Google does try to attach meaning to photos by having users tag them in some online “game.” Maybe Creative Commons already does so, but it would useful if one could search legal pictures tagged with say Obama and hope or Obama and thoughtful.

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By: loto http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1020 Fri, 20 Feb 2009 17:41:07 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1020 Here’s a good summery of the discovery, along with another photo (from Reuters) that is close, but not quite it. The article has fun mouse-overs showing how similar the painting is to the two photos in question

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By: Steve Baba http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1019 Fri, 20 Feb 2009 12:19:44 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1019 My guess is that Fairey will settle right before he has to answer pre-trial questions under oath to avoid extreme embarrassment.

Also I don’t think photographers, professional and amateur, are going to appreciate free-culture types saying that their work is not creative since it only took a second to snap a picture.

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By: Itchy http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1018 Fri, 20 Feb 2009 00:24:20 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1018 Seems to me, he’s admitted using the AP owned pic, and even if he recanted, it’s obvious.
Either he met the statuary standard for altering an appropriated work, or he didn’t.
If he didn’t, then he’s certainly capitalized a shit-ton on someone else’s property, w/o permission.
Plus he’s got a history of bad actions.
If the case could set a dangerous precedent, then we should crowdsource an appeal to him to settle.
A lot of anonymous segregation protestors were asked to take their lumps and passed over until the NAACP found the perfect test case in Rosa Parks.
And Shephard Fairey is surely no Rosa Parks.

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By: Tim http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1017 Thu, 19 Feb 2009 23:55:30 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1017 @ Steve Baba – they were crass enough:

Estate of Martin Luther King, Jr., Inc. v. CBS, Inc., 194 F.3d 1211 CASE SUMMARY

OVERVIEW: Plaintiff, the estate of a well-known civil rights leader, sued defendant to enforce plaintiff’s copyright of a highly publicized speech given by the deceased. Summary judgment granted for defendant was reversed. The record did not support finding, as a matter of law, that a general publication of the speech divested plaintiff of the copyright. The speech was delivered to a large audience at a highly publicized event, but the number of people involved was not determinative. News coverage was solicited, but that also was not determinative. The heart of the issue was whether the speech was delivered in such a manner that the public was given dominion or control over it. Facts pertaining to that issue remained in dispute.

@ David – They do give licenses out left and right of their photos. But those are real life photo correct? Meaning, would anybody who wanted the Garcia photo for their news story or perhaps a book, which is what I assume the AP licenses their photo’s out for, instead use Fairey’s artwork? I would assume anybody wishing to obtain a license for an AP photo of Obama is going to want a real photo, not one like Fairey – again this is for the market prong – so would anybody the AP would sell the rights in this photo to, wish to use it for this kind of work? Is there a cognizable market for that? If you say the right to license includes the right to derivative work and call it a day don’t you knock out the market prong of fair use entirely? Meaning, if the hypothetical chance that somebody might want THIS photo to create a work LIKE Faireys is enough to end Fairey’s claim, does that not destroy that part of the fair use test because ANY derivative work would then hurt the market?

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By: Steve Baba http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1016 Thu, 19 Feb 2009 18:09:20 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1016 Does anyone know enough about the digital watermarks that the AP uses to tell if there is a watermark in the poster? Or if it’s even possible to tell if a digital watermark is there?

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By: Brandon Weaver http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1015 Thu, 19 Feb 2009 17:16:53 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1015 Here’s a good summery of the discovery, along with another photo (from Reuters) that is close, but not quite it. The article has fun mouse-overs showing how similar the painting is to the two photos in question.

http://blog.ideeinc.com/2009/01/23/will-the-real-obama-hope-photograph-stand-up/

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By: Janine http://www.lessig.org/2009/02/crowd-sourcing-a-fair-use-case/#comment-1014 Thu, 19 Feb 2009 05:17:17 +0000 http://lessig.org/blog/2009/02/crowd-sourcing_a_fair_use_case.html#comment-1014 My observation about these three images is that the pose is similar but the lighting is completely different. Mannie Garcia’s photo is lit with classic Rembrandt lighting where the light comes from the upper left and matches the posterized shading on Fairey’s poster. The lighting on the Jurvetson photo, however, is from the side right and is not a match.

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