Sunday, March 28, 2010

The continuing saga of the Shepard Fairey poster

SONIA K. KATYAL & EDUARDO M. PEƑALVER discuss the Shepard Fairey copyright matter and note that Fairey "appears to have acquired a new set of lawyers, from the Berkman Center at Harvard Law School, after his original lawyers withdrew upon learning of his deception. "

They mention Mark Lemley: But in the context of intellectual property, as Mark Lemley has noted, the boundaries are not always so clear, and it is more difficult to tell whether a person is trespassing upon another's intellectual property. without mentioning that Lemley's law firm WAS the above-noted "original lawyers."

They conclude:

Fairey's actions before the court are more than just a disappointment; they are an instance of deception. But we should still be careful to recognize the ultimate significance of Fairey's transformation of a prior image -- not just for his considerable artistic skill, but also for his willingness to challenge the boundaries of copyright clearance in court. His artistic gifts have yielded an iconic image for our generation, but his willingness to create art without prior authorization could wind up creating a more powerful case for fair use - one that will benefit generations of artists to come.


Lemley law firm plays litigation hardball with AP over Fairey Obama Hope poster

See also owners, borrowers and thieves, including

Less Hope For Shepard Fairey in Obama Hope Poster Case?

Federal Circuit Says Korean War Memorial Stamp Violated Sculptor's Copyright
[Frank Gaylord]


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