Comments on: Shepard Fairey Meets Charles Darwin http://www.concurringopinions.com/archives/2009/02/shepard_fairey.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: razt http://www.concurringopinions.com/archives/2009/02/shepard_fairey.html/comment-page-1#comment-44367 razt Sun, 08 Mar 2009 14:40:50 +0000 http://www.solove.org/archives/2009/02/shepard-fairey-meets-charles-darwin.html#comment-44367 Also wanted to say that Shepard Fairey recognizable style is nothing but a bunch of other artists styles combined. There are old posters at my local laundry mat from the 60s that have the same look as some of his work. He is not doing anything new. It is very hard to defend style in a court of law anyways. Also wanted to say that Shepard Fairey recognizable style is nothing but a bunch of other artists styles combined. There are old posters at my local laundry mat from the 60s that have the same look as some of his work. He is not doing anything new. It is very hard to defend style in a court of law anyways.

]]> By: Razt http://www.concurringopinions.com/archives/2009/02/shepard_fairey.html/comment-page-1#comment-44366 Razt Sun, 08 Mar 2009 14:37:55 +0000 http://www.solove.org/archives/2009/02/shepard-fairey-meets-charles-darwin.html#comment-44366 Shepard Fairey is a liar and a hack. He went on NPR last month ranting about defending all artists right to Fair Use, but he did not not mention to NPR that he just sent a cease and desist letter to an artist days before the interview. He has sent cease and desist letters to five artists in the last two years. Here is info about the most recent, He has sent cease and desist letters to two artists that I know of. So why on earth did he tell NPR that he is fighting the paper for the right of artist using fair use. He is a liar and a fake! Look up Baxter Orr and Larkin Werner and then ask if Shepard Fairey really supports fair use. http://www.myartspace.com/blog/2009/03/disobey-shepard-fairey.html Shepard Fairey is a liar and a hack. He went on NPR last month ranting about defending all artists right to Fair Use, but he did not not mention to NPR that he just sent a cease and desist letter to an artist days before the interview. He has sent cease and desist letters to five artists in the last two years. Here is info about the most recent, He has sent cease and desist letters to two artists that I know of. So why on earth did he tell NPR that he is fighting the paper for the right of artist using fair use. He is a liar and a fake! Look up Baxter Orr and Larkin Werner and then ask if Shepard Fairey really supports fair use. http://www.myartspace.com/blog/2009/03/disobey-shepard-fairey.html

]]> By: Don http://www.concurringopinions.com/archives/2009/02/shepard_fairey.html/comment-page-1#comment-44365 Don Tue, 24 Feb 2009 03:08:14 +0000 http://www.solove.org/archives/2009/02/shepard-fairey-meets-charles-darwin.html#comment-44365 I think it was lacking taste and rather offensive and really do not like to stir up the water. Some things are better left alone I think it was lacking taste and rather offensive and really do not like to stir up the water. Some things are better left alone

]]> By: AF http://www.concurringopinions.com/archives/2009/02/shepard_fairey.html/comment-page-1#comment-44364 AF Mon, 23 Feb 2009 18:35:25 +0000 http://www.solove.org/archives/2009/02/shepard-fairey-meets-charles-darwin.html#comment-44364 It would be an interesting case. Fairey's style is significantly less distinctive than Steinberg's -- it's basically just a generic retro 1930's-style propaganda poster. The reason the poster is recognizable is less the distinctiveness of Fairey's style and more the ubiquity of the Obama image. It sounds like more of a trademark-type case. That said, Fairey has been known in the past to throw stones against clear parodies: http://animalnewyork.com/news/2008/04/shepard-fairey-threatens-to-su.php It would be an interesting case. Fairey’s style is significantly less distinctive than Steinberg’s — it’s basically just a generic retro 1930′s-style propaganda poster.

The reason the poster is recognizable is less the distinctiveness of Fairey’s style and more the ubiquity of the Obama image. It sounds like more of a trademark-type case.

That said, Fairey has been known in the past to throw stones against clear parodies:

http://animalnewyork.com/news/2008/04/shepard-fairey-threatens-to-su.php

]]> By: Mikero http://www.concurringopinions.com/archives/2009/02/shepard_fairey.html/comment-page-1#comment-44363 Mikero Sat, 21 Feb 2009 18:31:13 +0000 http://www.solove.org/archives/2009/02/shepard-fairey-meets-charles-darwin.html#comment-44363 According to the wikipedia page for Steinberg v Columbia Pictures, one of the important factors was that the derivative work was not meant to satirize the original. In the case of these Darwin posters, there is a clear satirical intent (especially with the take-off on an Obama slogan). Anyway, I'm not a lawyer, and I probably have a biased view of this situation, since I'm the guy responsible for the Darwin posters ;) According to the wikipedia page for Steinberg v Columbia Pictures, one of the important factors was that the derivative work was not meant to satirize the original. In the case of these Darwin posters, there is a clear satirical intent (especially with the take-off on an Obama slogan). Anyway, I’m not a lawyer, and I probably have a biased view of this situation, since I’m the guy responsible for the Darwin posters ;)

]]> By: Bruce Boyden http://www.concurringopinions.com/archives/2009/02/shepard_fairey.html/comment-page-1#comment-44362 Bruce Boyden Sat, 21 Feb 2009 04:10:21 +0000 http://www.solove.org/archives/2009/02/shepard-fairey-meets-charles-darwin.html#comment-44362 Seems like Fairey would be able to make a good argument under Steinberg v. Columbia Pictures -- his recognizable "style" has been appropriated. Seems like Fairey would be able to make a good argument under Steinberg v. Columbia Pictures — his recognizable “style” has been appropriated.

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