Associated Press vs Shepard Fairey, Round 3

Or is it Round 4? It don't know anymore. As you will recall, the Associated Press came after guerilla artist Shepard Fairey (above), who based his now-famous Barack Obama "Hope" poster on a photo made by AP photographer Mannie Garcia. AP claimed there was copyright infringement and wanted to share some of the estimated $400,000 that Fairey has made from the poster.
    Fairey and his lawyers figured that the best defense is a good offense, so they sued AP, hoping for judgment from the courts that he not infringe on any copyright and in any case is protected by the Fair Use Doctrine, which allows the use of copyrighted material for specific reasons such as commentary or criticism.
    Now AP has countersued Fairey, saying his use of copyrighted material is a threat to journalism.
    The photographer who made the picture has had his own beef with AP.
    I still can't see way that AP can come out on top of this. As I have noted previously, American Photo contacted an expert in the coyright field, who wondered whether there were any genuine copyrightable elements in the original photograph. As she noted, someone's expression in a photo is not copyrightable. Furthermore, Fairey did significantly alter the original photo, and his usage would seem to fall under the idea of fair use.
    But I'm not a lawyer. Maybe a settlement is in order.--David Schonauer

New Policy Allows Photos of Homeward-Bound War Dead

The Secretary of Defense, Robert Gates, announced a change in policy that will allow news organizations to photograph war dead arriving at Dover Air Force Base in Delaware (seen here). The photography would be allowed only if family members of the dead allowed it.
    The new rule reverses a policy set in 2001 by former president George W. Bush. Gates, who served as defense secretary late in Bush's administration has continued in the job under Barack Obama. The new policy seems to be a sensible approach, allowing news organizations to show the actual price of war but also protecting the feelings of the families of the dead. What do you think? The photo here is credited to AP/Department of Defense.--David Schonauer

Does Associated Press Deserve Money for Appropriated Obama Image?

The Associated Press is ready to go to battle against Shepard Fairey, the aritst who created the poster of Barack Obama that because famous during last year's presidential campaign. Fairey has admitted that he based his artwork on an image by AP photographer Mannie Garcia, who photographed then-Senator Obama at the National Press Club in 2006. AP claims copyright infringement, and it wants compensation. Let the debate begin.
     I imagine that many photographers are rooting for AP and the sanctity of copyright protection. But I am not sure that AP will win this case. The agency has some legal hurdles to jump. According to one expert we asked, Fairey's appropriation of the photographic image would probably be allowed under the doctrine of Fair Use, which allows use of copyrighted material for specific reasons such as scholarship or review.
    But even if the Fair Use Doctrine didn't apply, there are other issues facing AP. The expert we contacted wonders how much of the Garcia image contains "copyrightable elements." AP can't copyright Obama's face or expression, and the image was a studio shot featuring specialized lighting.
    Your thoughts?--David Schonauer

Sienna Miller Wins $80K from Paparazzi

Actress Sienna Miller has reached an out-of-court settlement with the Big Pictures photo agency in London, which she sued earlier this year for what her lawyer called "a campaign of harassment" by photographers. Miller will receive $80,000 from the agency and and agreement not to follow her or photograph her in her home or garden. Go here for details of the suit. --David Schonauer

Top-Earning Dead Celebrities, 2008

Just because a fellow's dead doesn't mean he can't be a good earner. A great picture of a sexy movie star is still great, and even sexy, when the lovely lady (or guy) is gone. That's one of the reasons I love photography, and one of the reasons I love the "Top-Earning Dead Celebrity" list that Forbes magazine does every year.
      Regular readers also know that I am particularly interested in the earning potential of one dead celebrity, Marilyn Monroe. I've been covering legal battles between her estate and photographers. The fight involves a legal battle over Monroe's so-called post-mortem right of publicity. Go here and here and here for some of my posts on that subject.
     Meanwhile, let's look at which dead celebrities raked it in this year. Try guessing the top five of '08.

Keanu Reeves Wins Case Against Photographer

In "The Matrix," Keanu Reeves was "the one"  who could master the world created by malevolent software. Today in a courtroom in Los Angeles Reeves was the one to emerged as the victor in a lawsuit filed against him by a photographer.
   The photographer, Alison Silva, claimed that Reeves hit her with his Porsche in 2007 as he tried to photograph the actor. He said the impact caused him to fall and hurt his wrist. He asked for $711, 974 in damages.
    The jury took only three hours to find in Reeves's favor. Apparently Silva had given contradictory statements regarding his injures. Also, it didn't help when the jury was shown a video of the paparazzo climbing a chain-link fence to photograph Britney Spears--after his alleged injury. Go here for more.

Web Watch: What Happens to Your Online Photos When You Die?

Here's a good question I've never really thought much about: What happens to images you've posted on websites or social networking sites after you die? Will they live online forever? And if so, is that a kind of wonderful immortality, or is it creepy?
    This story on techradar.com has some info on the subject. If I read it correctly, your images on Facebook may stay around for a long time even if you go to that big darkroom in the sky. (Facebook accounts remain active unless you deactivate them, so theoretically your grandkids will be able to post images of themselves on your wall, even while you're in the grave.)
    According to the story, Flickr accounts are in theory supposed to die when you do. But in reality your account will remain on the web if there is occasion activity on it.--David Schonauer

Censorship and the Debate Over the Depiction of Smoking in Imagery

I get a newsletter from the National Coalition Against Censorship, and in the most recent edition there is an interesting editorial about an issue I wasn’t aware of. According to NCAC executive director Joan Bertin, anti-smoking advocates are arguing that movies depicting people smoking should get an “R” rating.
      Luckily, there is in photography no organization like the MPAA, which tags every movie with a rating. Otherwise, there would almost certainly be pressure to remove all images of smoking from photographic archives.

Western Exposure

Somebody forgot to tell superstar rapper Kanye West that when you try to destroy a paparazzo's gear, it's best not to do it while being filmed.

West was booked on suspicion of felony vandalism following his skirmish with a photographer yesterday at Los Angeles International Airport, according to reports. However, it may be the entertainer's bodyguard who's really going to face the music, according to TMZ.com, which caught the fracas on video before it's own cameraman became involved. Viewing the videotape, it seems that West's bodyguard smashed a $1,400-plus Canon 40D DSLR — possibly a felony as it's worth more than $400 — while Kayne threw down the photographer's $100 light unit. "Here's the irony," TMZ opines, "the bodyguard could be processed for a felony, but not Kanye."

Either way, the now-seen-globally videotape won't do much to help West's defense, or his image. (Unless, that is, you share his disgust with the paparazzi.) — Jack Crager

Kanye West Arrested in Photog Altercation

Another celebrity has apparently crossed the line in an altercation with a photographer. Kanye West was arrested today at Los Angeles International Airport after the incident took place. He was charged on suspicion of vandalism, apparently because the photographer's camera, valued at $10,000, was damaged. Go here for the story.--David Schonauer