Obama Art: Copyright Infrigement or Free Expression?

The election is over. Barack Obama is now the President of the United States. This makes me very proud as an American to think that we've been able to overcome barriers of race and elect a black man to the highest office in this country. Yet, it doesn't surprise me that there are still petty people out there trying to make a buck off him. News is breaking today that the copyright of a photograph taken by the Associated Press (AP) of Barack Obama is being infringed upon. The photo was taken in April 2006 by Manny Garcia, a freelancer working for the AP. When Obama was confirmed as the Democratic Party's candidate, a painting by Shepard Fairey started popping up all over the place. Fairey, an L.A. street artist, drew his inspiration from the AP photograph. Both the photo and the painting show the same stoic Obama, gazing forward into the future of America. At the bottom of the canvas, Fairey painted the word "HOPE" in big, bold letters. Hope, as many know, was a major theme throughout the Obama campaign. See the full article of the controversy here.

The AP argues that Fairey owes them money since he's struck gold with the painting--selling posters for anywhere between $100 and $500. Is this truly a case of copyright infringement? Sure, Fairey did use the AP photo as the model for his painting, but isn't his painting unique and individual? The laws of copyright have been debated and argued for many years. This is something, I predict, that won't end any time soon. Who truly owns an idea? Who truly owns a phrase? We've become a culture where everything needs to belong and be attributed to someone. What about the idea of a creative commons?

Whatever your belief--if you think Fairey is right...or wrong, consider this: His painting has become an iconic image of Obama. It's become a piece of history. To have this image torn apart by lawyers and court would damage the meaning of the painting for many Americans. The painting is a symbol of hope, a symbol that America can change, that America can elect a black president, ad shows yet again, a nation can be inspired to do great things.

Note: The image in this post is from breitbart.com. As per their website, credit goes to: AP Photo/Manny Garcia/ Shepard Fairey