An interesting little tiff has erupted over one of the most ubiquitous images of the 2008 campaign.
The image on the left was taken by AP photographer Mannie Garcia at the National Press Club in 2006. You no doubt recognize the image on the right. What you might not know is that the name of the artist who created it is Shepard Fairey, and that Fairey has acknowledged using Garcia’s photo as the basis for his design. He found it using Google Images.
AP claims that Fairey’s design required permission which was never given. Fairey’s attorney says the design constitutes “fair use” of Garcia’s photograph. The parties are in negotiations.
Is this “fair use”? Geez, I have no idea. But one thing seems clear: between controversies like this one, and the AP trying to smack down bloggers, and Gate House Media suing Boston.com for linking to its stories (that very interesting case was settled, by the way), the Supreme Court is going to have to weigh in again on “fair use” pretty soon.