Shepard Fairey and the API

Henry Jenkins shares an essay by Evelyn McDonnell (pt. 1, pt. 2) on Shepard Fairey and his recent and ongoing legal battles.

I’ve long had some issues with Mr. Fairey, but I believe his use of the Garcia photo to create the Obama “Hope” poster falls fully within the Fair Use exemption. However, his attempts to cover up or alter the timeline suggest that Mr. Fairey was not quite as confident. This is curious to me, since Fairey almost constantly claims himself as heir to the punk and DIY cultures, and should have some idea about fair use and appropriation. But who knows what lurks within.

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