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	<title>Comments on: Shepard Fairey did not infringe AP&#8217;s copyright because AP could not have had a copyright in anything Shepard Fairey used in his Obama Hope poster.</title>
	<atom:link href="http://blogs.geniocity.com/friedman/2009/02/shepard-fairey-did-not-infringe-aps-copyright-because-ap-could-not-have-had-a-copyright-in-anything-shepard-fairey-used-in-his-obama-hope-poster/feed/" rel="self" type="application/rss+xml" />
	<link>http://blogs.geniocity.com/friedman/2009/02/shepard-fairey-did-not-infringe-aps-copyright-because-ap-could-not-have-had-a-copyright-in-anything-shepard-fairey-used-in-his-obama-hope-poster/</link>
	<description>The ways law rules creativity and creativity informs the practice of law</description>
	<lastBuildDate>Tue, 16 Mar 2010 19:11:40 -0600</lastBuildDate>
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		<title>By: Ruling Imagination: Law and Creativity &#187; Blog Archive &#187; The Korean War Memorial Postage Stamp Photo Case: I was way wrong!</title>
		<link>http://blogs.geniocity.com/friedman/2009/02/shepard-fairey-did-not-infringe-aps-copyright-because-ap-could-not-have-had-a-copyright-in-anything-shepard-fairey-used-in-his-obama-hope-poster/comment-page-1/#comment-3266</link>
		<dc:creator>Ruling Imagination: Law and Creativity &#187; Blog Archive &#187; The Korean War Memorial Postage Stamp Photo Case: I was way wrong!</dc:creator>
		<pubDate>Fri, 26 Feb 2010 09:25:22 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.geniocity.com/friedman/?p=1664#comment-3266</guid>
		<description>[...] reasoning is strange because, as I have pointed out before, photography itself is protected by copyright as &#8220;original&#8221; &#8212; rather than being [...]</description>
		<content:encoded><![CDATA[<p>[...] reasoning is strange because, as I have pointed out before, photography itself is protected by copyright as &#8220;original&#8221; &#8212; rather than being [...]</p>
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		<title>By: Ruling Imagination: Law and Creativity &#187; Blog Archive &#187; AP shoots itself (twice) in the Copyright Wars.</title>
		<link>http://blogs.geniocity.com/friedman/2009/02/shepard-fairey-did-not-infringe-aps-copyright-because-ap-could-not-have-had-a-copyright-in-anything-shepard-fairey-used-in-his-obama-hope-poster/comment-page-1/#comment-3123</link>
		<dc:creator>Ruling Imagination: Law and Creativity &#187; Blog Archive &#187; AP shoots itself (twice) in the Copyright Wars.</dc:creator>
		<pubDate>Mon, 11 Jan 2010 15:06:31 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.geniocity.com/friedman/?p=1664#comment-3123</guid>
		<description>[...] that AP chose the photo it decided ultimately to publish. One might think these allegations reduce the extent to which Garcia can claim the shot was one so much of his own choosing. He was assigned to take the shots he took, he took a lot of them, and AP, not Garcia, chose the [...]</description>
		<content:encoded><![CDATA[<p>[...] that AP chose the photo it decided ultimately to publish. One might think these allegations reduce the extent to which Garcia can claim the shot was one so much of his own choosing. He was assigned to take the shots he took, he took a lot of them, and AP, not Garcia, chose the [...]</p>
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		<title>By: Ruling Imagination: Law and Creativity &#187; Blog Archive &#187; Manny Garcia&#8217;s own words betray the weakness of his case.</title>
		<link>http://blogs.geniocity.com/friedman/2009/02/shepard-fairey-did-not-infringe-aps-copyright-because-ap-could-not-have-had-a-copyright-in-anything-shepard-fairey-used-in-his-obama-hope-poster/comment-page-1/#comment-2589</link>
		<dc:creator>Ruling Imagination: Law and Creativity &#187; Blog Archive &#187; Manny Garcia&#8217;s own words betray the weakness of his case.</dc:creator>
		<pubDate>Sat, 11 Jul 2009 18:07:10 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.geniocity.com/friedman/?p=1664#comment-2589</guid>
		<description>[...] Garcia, who actually shot the photo at issue in the lawsuit between Shepard Fairey and the Associated Press &#8212; the photo that allegedly was the source of Shepard Fairey&#8217;s Obama Hope poster &#8212; [...]</description>
		<content:encoded><![CDATA[<p>[...] Garcia, who actually shot the photo at issue in the lawsuit between Shepard Fairey and the Associated Press &#8212; the photo that allegedly was the source of Shepard Fairey&#8217;s Obama Hope poster &#8212; [...]</p>
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		<title>By: peter</title>
		<link>http://blogs.geniocity.com/friedman/2009/02/shepard-fairey-did-not-infringe-aps-copyright-because-ap-could-not-have-had-a-copyright-in-anything-shepard-fairey-used-in-his-obama-hope-poster/comment-page-1/#comment-2364</link>
		<dc:creator>peter</dc:creator>
		<pubDate>Thu, 09 Apr 2009 14:24:05 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.geniocity.com/friedman/?p=1664#comment-2364</guid>
		<description>Jorge

I wouldn&#039;t think it would be difficult to do work in the style of Mondrian or Warhol (rather than Van Gogh) or any number of other well regarded artists and pass your &quot;test&quot; of being able to &quot;tell the difference.&quot;  The fact a style is easy to reproduce doesn&#039;t make it generic.  Just adding &quot;your twist&quot; can be superficial or it can create a deep resonance that wasn&#039;t there before.  Would the Obama Hope poster have been the same with the original photo rather than Fairey&#039;s &quot;twist&quot; (as you call it).  I find it hard to believe, and even you acknowledge Fairey&#039;s work is appealing.  I don&#039;t think you have to be &quot;revolutionary&quot; to be transformative.

And the fact is we&#039;re going to have to begin to locate creativity somewhere else other than the skill of a Renaissance painter or a master musician.  Machines are giving skills to everyone that were once reserved for a select few.  Photography did it over 150 years ago.  You&#039;re not suggesting photography can&#039;t be creative, are you?</description>
		<content:encoded><![CDATA[<p>Jorge</p>
<p>I wouldn&#8217;t think it would be difficult to do work in the style of Mondrian or Warhol (rather than Van Gogh) or any number of other well regarded artists and pass your &#8220;test&#8221; of being able to &#8220;tell the difference.&#8221;  The fact a style is easy to reproduce doesn&#8217;t make it generic.  Just adding &#8220;your twist&#8221; can be superficial or it can create a deep resonance that wasn&#8217;t there before.  Would the Obama Hope poster have been the same with the original photo rather than Fairey&#8217;s &#8220;twist&#8221; (as you call it).  I find it hard to believe, and even you acknowledge Fairey&#8217;s work is appealing.  I don&#8217;t think you have to be &#8220;revolutionary&#8221; to be transformative.</p>
<p>And the fact is we&#8217;re going to have to begin to locate creativity somewhere else other than the skill of a Renaissance painter or a master musician.  Machines are giving skills to everyone that were once reserved for a select few.  Photography did it over 150 years ago.  You&#8217;re not suggesting photography can&#8217;t be creative, are you?</p>
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		<title>By: jorge reyes</title>
		<link>http://blogs.geniocity.com/friedman/2009/02/shepard-fairey-did-not-infringe-aps-copyright-because-ap-could-not-have-had-a-copyright-in-anything-shepard-fairey-used-in-his-obama-hope-poster/comment-page-1/#comment-2362</link>
		<dc:creator>jorge reyes</dc:creator>
		<pubDate>Wed, 08 Apr 2009 20:08:17 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.geniocity.com/friedman/?p=1664#comment-2362</guid>
		<description>just because you added basil, or pepper to the eggs it doesnt mean you created something original, you just added your twist on to it. Its still just eggs.

I dont find anything revolutionary or new about shepards work, It is appealing and I can see why its succesful today. 

At my school ive seen work of students who were &quot;influenced&quot; by sheperd fairy. Theres nothing really distinctive, you coulda told me they were faireys work and I would have believed it. 

On the otehr hand ive seen people paint in Van gogh style, or make logos a la Sal Bass. But you can stil tell the difference.

Work all looks the same now because its made by machines, even thou we give it the instructions it still a machine, we arent allowed the freedom or uniquenes that traditional painting would give us, thats why its so had to be original or fresh now we are limited by the capabilities of hte program, unlike in traditional painting where the skys the limit and hters a more direct conection to your imagination and creativity.</description>
		<content:encoded><![CDATA[<p>just because you added basil, or pepper to the eggs it doesnt mean you created something original, you just added your twist on to it. Its still just eggs.</p>
<p>I dont find anything revolutionary or new about shepards work, It is appealing and I can see why its succesful today. </p>
<p>At my school ive seen work of students who were &#8220;influenced&#8221; by sheperd fairy. Theres nothing really distinctive, you coulda told me they were faireys work and I would have believed it. </p>
<p>On the otehr hand ive seen people paint in Van gogh style, or make logos a la Sal Bass. But you can stil tell the difference.</p>
<p>Work all looks the same now because its made by machines, even thou we give it the instructions it still a machine, we arent allowed the freedom or uniquenes that traditional painting would give us, thats why its so had to be original or fresh now we are limited by the capabilities of hte program, unlike in traditional painting where the skys the limit and hters a more direct conection to your imagination and creativity.</p>
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