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Deleted
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Shepard Fairey - Submitting False Images, by Deleted on Oct 17, 2009 10:02:09 GMT 1, blimey.
blimey.
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sashaz
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January 2009
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Shepard Fairey - Submitting False Images, by sashaz on Oct 17, 2009 20:40:13 GMT 1, so how much is he being sued for?
so how much is he being sued for?
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Shepard Fairey - Submitting False Images, by spenie1975 on Oct 17, 2009 20:49:51 GMT 1, what happened to the red star hero?
what happened to the red star hero?
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Shepard Fairey - Submitting False Images, by bobbymeachamjr on Oct 17, 2009 21:24:23 GMT 1, What a disgrace. A bit of vindication for all the artists/photographers/writers etc etc who were labeled as "Jealous" of his creative genius...
What a disgrace. A bit of vindication for all the artists/photographers/writers etc etc who were labeled as "Jealous" of his creative genius...
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cadeallaw
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Shepard Fairey - Submitting False Images, by cadeallaw on Oct 17, 2009 21:39:33 GMT 1, Legally, I think he has a strong case regardless of where he got the image. He took a picture and made it his own due to the color scheme that he created. When you see mock images of the Progress or Hope prints, it isn't about the angle of the head, it is all about the blue and red color scheme.
The fact that he submitted false images and deleted others just makes him look like a dummy and a liar.
Legally, I think he has a strong case regardless of where he got the image. He took a picture and made it his own due to the color scheme that he created. When you see mock images of the Progress or Hope prints, it isn't about the angle of the head, it is all about the blue and red color scheme.
The fact that he submitted false images and deleted others just makes him look like a dummy and a liar.
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packet
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Shepard Fairey - Submitting False Images, by packet on Oct 17, 2009 21:45:14 GMT 1, Misleading the court with false images certainly damages his case. He'll be lucky to get away unscathed by this one. The AP's lawyers are going to jump all over it and seeing as his own lawyers seem to be withdrawing from the case, it's not looking good for Fairey.
Misleading the court with false images certainly damages his case. He'll be lucky to get away unscathed by this one. The AP's lawyers are going to jump all over it and seeing as his own lawyers seem to be withdrawing from the case, it's not looking good for Fairey.
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Shepard Fairey - Submitting False Images, by bobbymeachamjr on Oct 17, 2009 22:52:39 GMT 1, Legalities aside, Fairey himself reaffirms the validity (or lack thereof) of his creative process that he thought he needed to lie to his lawyers, the courts, his fans and the general public. And then to destroy the original files and recreate some fake process with the bs photo? WOW
Legalities aside, Fairey himself reaffirms the validity (or lack thereof) of his creative process that he thought he needed to lie to his lawyers, the courts, his fans and the general public. And then to destroy the original files and recreate some fake process with the bs photo? WOW
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Shepard Fairey - Submitting False Images, by Happy Shopper on Oct 18, 2009 0:34:37 GMT 1, Pretty bizarre situation. The way I read it though was that he didn't lie on purpose about which image he'd used, but once he realised he was wrong he tried to cover it up. I'm not sure why he did that though because it actually makes no difference to the case... just makes him look like an arse!
Pretty bizarre situation. The way I read it though was that he didn't lie on purpose about which image he'd used, but once he realised he was wrong he tried to cover it up. I'm not sure why he did that though because it actually makes no difference to the case... just makes him look like an arse!
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packet
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Shepard Fairey - Submitting False Images, by packet on Oct 18, 2009 0:49:49 GMT 1, Whether or not he realized it or not, the problem is the cover up:
"Instead of acknowledging that mistake, Mr. Fairey attempted to delete the electronic files he had used in creating the illustration at issue. He also created, and delivered to his counsel for production, new documents to make it appear as though he had used the Clooney photograph as his reference.""
Whether or not he realized it or not, the problem is the cover up:
"Instead of acknowledging that mistake, Mr. Fairey attempted to delete the electronic files he had used in creating the illustration at issue. He also created, and delivered to his counsel for production, new documents to make it appear as though he had used the Clooney photograph as his reference.""
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kjzimm
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Shepard Fairey - Submitting False Images, by kjzimm on Oct 18, 2009 3:04:33 GMT 1, I'm a photographer and wannabe artist. Truth is, he has no rights to that image. He needs to settle with the photographer or AP--whomever owns the image.
I'm a photographer and wannabe artist. Truth is, he has no rights to that image. He needs to settle with the photographer or AP--whomever owns the image.
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origo
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Shepard Fairey - Submitting False Images, by origo on Oct 18, 2009 6:56:01 GMT 1, He would have been better of offering a settlement from the beginning (unless he did try), he could have gotten away with paying AP a maybe rather large sum.
This is definetely shooting yourself in the foot, no way out of this one.
Not only have he broken the copryrightlaw, he also lied to the court. Definetely not looking good, exciting to see what the court will decide for him.
He would have been better of offering a settlement from the beginning (unless he did try), he could have gotten away with paying AP a maybe rather large sum.
This is definetely shooting yourself in the foot, no way out of this one.
Not only have he broken the copryrightlaw, he also lied to the court. Definetely not looking good, exciting to see what the court will decide for him.
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bullet
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Shepard Fairey - Submitting False Images, by bullet on Oct 18, 2009 12:05:37 GMT 1, even if he does 'do time' im sure the signed prints and designs will keep magically being released every other day
even if he does 'do time' im sure the signed prints and designs will keep magically being released every other day
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Shepard Fairey - Submitting False Images, by notworthit on Oct 18, 2009 13:35:39 GMT 1, even if he does 'do time' im sure the signed prints and designs will keep magically being released every other day
Well after your barnstorming effort recreating 'jaws' perhaps you'll be able to take over!
even if he does 'do time' im sure the signed prints and designs will keep magically being released every other day Well after your barnstorming effort recreating 'jaws' perhaps you'll be able to take over!
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bullet
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Shepard Fairey - Submitting False Images, by bullet on Oct 18, 2009 13:51:10 GMT 1, my team let me down...
my team let me down...
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Shepard Fairey - Submitting False Images, by snausages on Oct 18, 2009 17:09:35 GMT 1, Legally, I think he has a strong case regardless of where he got the image. He took a picture and made it his own due to the color scheme that he created. When you see mock images of the Progress or Hope prints, it isn't about the angle of the head, it is all about the blue and red color scheme. The fact that he submitted false images and deleted others just makes him look like a dummy and a liar. I'm not so sure about that, if I want to use a stock photo in a design, I have to do a lot more than colorize and posterize the image to get away with using it, putting a caption underneath is not effectively changing the design either. If I did that I'd get my arse sued off by Getty et al.
Not sure if this is funny or sad.
Legally, I think he has a strong case regardless of where he got the image. He took a picture and made it his own due to the color scheme that he created. When you see mock images of the Progress or Hope prints, it isn't about the angle of the head, it is all about the blue and red color scheme. The fact that he submitted false images and deleted others just makes him look like a dummy and a liar. I'm not so sure about that, if I want to use a stock photo in a design, I have to do a lot more than colorize and posterize the image to get away with using it, putting a caption underneath is not effectively changing the design either. If I did that I'd get my arse sued off by Getty et al. Not sure if this is funny or sad.
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bigtlt
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Shepard Fairey - Submitting False Images, by bigtlt on Oct 18, 2009 17:16:09 GMT 1, Has Fairey not made a career and many thousands of dollars out of rehashing/ripping off other peoples images???
Has Fairey not made a career and many thousands of dollars out of rehashing/ripping off other peoples images???
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Shepard Fairey - Submitting False Images, by notworthit on Oct 18, 2009 18:12:02 GMT 1,
Team - Gob
Team - Gob
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geoffw
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Shepard Fairey - Submitting False Images, by geoffw on Oct 19, 2009 10:07:39 GMT 1, So the issue isn't the image useage but him deleting files as part of the legal case? If so that could lead to big trouble.
So the issue isn't the image useage but him deleting files as part of the legal case? If so that could lead to big trouble.
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Shepard Fairey - Submitting False Images, by Happy Shopper on Oct 19, 2009 13:54:08 GMT 1, Did Richard Hamilton get permission to use this press photo?
Did Richard Hamilton get permission to use this press photo?
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Shepard Fairey - Submitting False Images, by Happy Shopper on Oct 19, 2009 14:02:17 GMT 1, Or Warhol get permission?
Or Warhol get permission?
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Shepard Fairey - Submitting False Images, by bobbymeachamjr on Oct 19, 2009 16:27:30 GMT 1, Read up on Warhol, theres a thing called concept. Gotta agree with legendary designer Milton Glaser, "I find the relationship between Fairey’s work and his sources discomforting. Nothing substantial has been added. In my own case, when I did the Dylan poster, I acknowledged using Duchamp’s profile as an influence. I think unless you’re modifying it and making it your own, you’re on very tenuous ground. It’s a dangerous example for students, if they see that appropriating people’s work is the path to success. Simply reproducing the work of others robs you of your imagination and form-making abilities. You’re not developing the muscularity you need to invent your own ideas."
oh and btw, Warhol nevertheless was sued many times over (and settled with $$$)...
Read up on Warhol, theres a thing called concept. Gotta agree with legendary designer Milton Glaser, "I find the relationship between Fairey’s work and his sources discomforting. Nothing substantial has been added. In my own case, when I did the Dylan poster, I acknowledged using Duchamp’s profile as an influence. I think unless you’re modifying it and making it your own, you’re on very tenuous ground. It’s a dangerous example for students, if they see that appropriating people’s work is the path to success. Simply reproducing the work of others robs you of your imagination and form-making abilities. You’re not developing the muscularity you need to invent your own ideas."
oh and btw, Warhol nevertheless was sued many times over (and settled with $$$)...
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lee3
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Shepard Fairey - Submitting False Images, by lee3 on Oct 19, 2009 16:37:30 GMT 1, Or Warhol get permission?
The laws were different in the 60s with this stuff but the answer to your question is yes in many cases and no in many others. One of the more significant lawsuits against Warhol involved the original phtographer of the Flower image that he debuted at Castelli in '64 and painted until his death. Warhol did not deny it and the woman who took the photo was offered some prints which she declined and eventually a cash settlement was reached if memory serves. It was this lawsuit which led Warhol to temporarily abandon (for the most part) looking through newspapers (or having friends in the press get him photos that were too gruesome to print for many of the death and disaster paintings) for images and inspiration to his work and focus instead on taking his own photos.
He did not take the photo of the Marilyn image that you copied above which was from an early publicity shot from one of her films in the 50s. For my eyes, that is the defining composition of the Pop movement.
Or Warhol get permission? The laws were different in the 60s with this stuff but the answer to your question is yes in many cases and no in many others. One of the more significant lawsuits against Warhol involved the original phtographer of the Flower image that he debuted at Castelli in '64 and painted until his death. Warhol did not deny it and the woman who took the photo was offered some prints which she declined and eventually a cash settlement was reached if memory serves. It was this lawsuit which led Warhol to temporarily abandon (for the most part) looking through newspapers (or having friends in the press get him photos that were too gruesome to print for many of the death and disaster paintings) for images and inspiration to his work and focus instead on taking his own photos. He did not take the photo of the Marilyn image that you copied above which was from an early publicity shot from one of her films in the 50s. For my eyes, that is the defining composition of the Pop movement.
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jimbob68
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Shepard Fairey - Submitting False Images, by jimbob68 on Oct 19, 2009 20:15:44 GMT 1, i always thought that an artist could use another artist or photographers work as an idea to start from but thay had to make the finished work something like 'significnatly there own' or similar words and this is where the point of argument comes up. how different does something have to be so that it is sufficiently different!!! confusing !!
a good day for the lawyers i think!!!
i always thought that an artist could use another artist or photographers work as an idea to start from but thay had to make the finished work something like 'significnatly there own' or similar words and this is where the point of argument comes up. how different does something have to be so that it is sufficiently different!!! confusing !!
a good day for the lawyers i think!!!
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Shepard Fairey - Submitting False Images, by snausages on Oct 19, 2009 20:33:34 GMT 1, The image useage is still in question, plus now Fairey is open for further action for filing false documents and filing a countersuit under false pretenses.
i always thought that an artist could use another artist or photographers work as an idea to start from but thay had to make the finished work something like 'significnatly there own' or similar words and this is where the point of argument comes up. how different does something have to be so that it is sufficiently different!!! confusing !!
a good day for the lawyers i think!!! Here's an easy read that highlights some of the issues: www.grammar-quizzes.com/writing_fair_use.html So did Fairey change 5 major elements in Obama? Compared to the example I think he only makes a list of three major changes. 1 Airbrushing - possibly equivalent to tracing / posterization? 2 Major color changes 3 New items added (cropping, logo, Letters added/deleted (Hope), border, etc.)
No angle changes and no texture change (at least in the poster)
The image useage is still in question, plus now Fairey is open for further action for filing false documents and filing a countersuit under false pretenses. i always thought that an artist could use another artist or photographers work as an idea to start from but thay had to make the finished work something like 'significnatly there own' or similar words and this is where the point of argument comes up. how different does something have to be so that it is sufficiently different!!! confusing !!
a good day for the lawyers i think!!!Here's an easy read that highlights some of the issues: www.grammar-quizzes.com/writing_fair_use.htmlSo did Fairey change 5 major elements in Obama? Compared to the example I think he only makes a list of three major changes. 1 Airbrushing - possibly equivalent to tracing / posterization? 2 Major color changes 3 New items added (cropping, logo, Letters added/deleted (Hope), border, etc.) No angle changes and no texture change (at least in the poster)
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Shepard Fairey - Submitting False Images, by Happy Shopper on Oct 19, 2009 21:19:49 GMT 1, As much as I respect Milton Glaser's opinion, just like Peter Saville, he's a graphic designer and not an artist. They both look at art like it's design, and don't seem to think about why a thing has been done the way it is. Neither seem to "get it", not IMO anyway!
Laws change, but it'll be a sad day when an artist has to think about whether they can use a "pop" image because it might be under a photographers copyright.
Is Hirst right to sue Cartrain for using his skull? (Whatever level Cartrain may be in the art world, the same rule should apply, no?)
Found this lovely piece of Milton Glaser "art" on Google. What a genius! (sarcasm):
As much as I respect Milton Glaser's opinion, just like Peter Saville, he's a graphic designer and not an artist. They both look at art like it's design, and don't seem to think about why a thing has been done the way it is. Neither seem to "get it", not IMO anyway! Laws change, but it'll be a sad day when an artist has to think about whether they can use a "pop" image because it might be under a photographers copyright. Is Hirst right to sue Cartrain for using his skull? (Whatever level Cartrain may be in the art world, the same rule should apply, no?) Found this lovely piece of Milton Glaser "art" on Google. What a genius! (sarcasm):
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Shepard Fairey - Submitting False Images, by Happy Shopper on Oct 19, 2009 21:23:30 GMT 1, Just to counter my own argument. Fairey used the Obama image for a commercial poster, rather than art... and so deserves what he gets really!
Just to counter my own argument. Fairey used the Obama image for a commercial poster, rather than art... and so deserves what he gets really!
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otomi
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Shepard Fairey - Submitting False Images, by otomi on Oct 20, 2009 0:56:07 GMT 1, if ap wins no artist can use any old artwork anymore that would be horrible - art lives from fair use, sampling and remixing
www.hulu.com/watch/88782/rip-a-remix-manifesto
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