October 23rd, 2009 Graphic Design or Plagiarism?
No matter who you voted for, there is no denying that Barack Obama’s campaign easily came up with the most iconic and memorable images in the 2008 Presidential campaign. One of the images most frequently printed was done by graphic artist Shepard Fairey, who first became known for his Andre the Giant Has a Posse stickers created while he was a student at RISD in the late 1980s. Using an image of Andre the Giant, the stickers were widely distributed and began showing up all over the United States and, eventually, the world. Fairey described the stickers as a ”an experiment in phenomenology.”
Because he was using the wrestler’s image and name without permission, a lawsuit was threatened and Fairey created a new iconic version of the likeness. This new likeness became a brand of its own—Obey Giant.
Like the original stickers, the Obey Giant icon took off. Fairey, a longtime proponent of pushing the limits and breaking rules saw another one of his creations spread around the world in stenciled graffiti and stickers and more.
Fast forward to 2008.
The Obama campaign approached Fairey and asked him to come up with an iconic image and he came up with the Obama Hope poster (bottom image). The image caught on like wildfire and began showing up EVERYWHERE, giving Fairey yet another pop-culture hit icon. This time, however, there was a catch.
The Associated Press claimed that Fairey used one of their photos (top image) as the basis for his icon without permission/rights to do so. Fairey denied the accusation saying that he based his drawing on another photo, but made significant changes to the photo, which he claimed was within fair-use rights.
Taking the offensive, Fairey sued the AP, presumably because of the damage their claims did to his reputation. The AP didn’t buy his explanation and promptly sued back. All along Fairey kept proclaiming his innocense and defending his good name. Until recently, when Fairey admitted that he had, in fact, used the image that he was accused of using.
So let’s recap…the AP said he used their image, he denied it and went so far as to sue the AP. Now he admits that the AP was right and that he concealed/fabricated a story about the other image and filed a lawsuit under false pretenses. His laywers dropped the case as quick as they could and now Fairey is claiming that the real issue is fair use rights.
This guy is a million-dollar talent (literally) with a ten-cent head. What the hell is he thinking? He’s going to lose this case, lose millions in a judgement to the AP (which they have pledged will be given to a non-profit organization), pay all court costs, and could face further punishment for filing a frivolous lawsuit under false pretenses. Hell, for all I know, he could end up with a little jail time.
As a designer I can tell you that if anybody ever took one of my photos and just traced over it, I’d be pissed. That isn’t fair use, that’s copying. It’s larceny and Fairey deserves whatever punishment he gets. He stole an image another artist (the original photographer) created.
The really funny thing is that when another designer created a parody of his Obey Giant icon with a SARS respiratory mask, guess who threatened to sue, claiming trademark violation. Fairey went so far as to call the Texas designer a “bottom feeder” and “parasite.”
I don’t like to see people, even jackassy people, go through bad times, but I have to admit that I want to see this guy get his comeuppance.
Ara Ashburne October 24th, 2009 at 8:13 pm
I come down somewhere in the middle.
A. The original photo belongs to some other “dude” and he should have gotten permission to use it – no doubt. This was his error and an error for which I believe he needs to be held accountable. If they wouldn’t give it to him which I doubt they would, then he needed to find some other image that inspired him enough to do his piece.
Now B. Although, the resemblance to the first image is there, he created an entirely different piece. The second work is a unique work that people respond to an entirely different way than the original photograph. Therefore work number two is significantly different enough from image one to be considered to an “appropriation” which is key in determining the legitimacy of a new work.
That’s all I got on that one.
Natalie October 25th, 2009 at 12:00 am
I love that the OBEY GIANT image is on a wall in Greece.
Shawn October 25th, 2009 at 9:14 pm
Ara..it’s not an error at all, that’s been Fairey’s MO since the beginning. My problem is that he uses other people’s likenesses without permission and then makes money off of them. Fairey’s piece is unique, but still he is just appropriating the work of others and then making millions off of it. I would like to see him do something that is all his own and make money off of it. Anybody can pull a photo into Illustrator, trace it and add colors. Create something entirely on your own. Even Thomas Kinkade—the biggest art joke around—creates completely original work.