Obama should walk around with a '©' on his lapel.

This is an important issue to follow and be aware of...

I knew it was only a matter of time before something like this happened. Those who do not know the artist Shepard Fairey should. He was pretty popular for the underground movement of Andre the Giant stickert campaign and 'Obey' posters he pushed. There was detailed instructions on how to print the photo and how to post the print everywhere. Now he is stuck in the middle of this love (more like lust/greed) triangle over the likeness he made of Obama which is arguably one of the most influential likenesses to help the Obama campaign. I recently saw him on an interview where he said that he isn't making any money from the poster which I somehow doubt. What is hilarious is that now, Associated Press is wanting to pursue the artist for compensation and credit for Mannie. How noble of AP for wanting credit for Mannie. But now if you go to this Facebook page, it looks like there is a group put up called Stand up for Mannie Garcia. Apparently Mannie was not 'under contract' when he took the photo. 

So this looks like Mannie is pursuing AP and AP is pursuing Fairey. 
Boy if there was ever a point to make here about becoming a member of ASMP and learning the business of copyright and contracts, now is the time. You see, if Mannie was working for AP and he WAS under a "Work for Hire" contract, then whatever he shot is not only property of AP, but also as if AP took the photo themselves. They own the copyright. According to other interviews I read, Mannie was not under a contract (staff or freelance) for AP and therefore owns the copyright. Discussions are underway.
Now, unfortunately for Mannie AND AP there are already too many judgements out there to show that an artists impression from a photo is therefore property of the artist. Don't quote me!!! I am not a lawyer, but I read a few things here and there. One case that always astounds me is the recent sale of a Richard Prince work of art. A "Rephotograph" blow up print from a Marlboro cigarrette magazine ad. The first photo in history to sell for more than 1 million dollars (I think it was more like 3 million). Who the hell knows the name of the true photographer that took that cowboy photo, because it was owned by Marlboro. This case started in 1977 and dealt with four photos he took. 

Think this can't happen to you? be careful. There are a lot of overseas companies now that are offering to do your post-production for a cost (mainly targeted to wedding photography). "Send us your RAW images and we will do the rest." But what they fail to mention is when they make the adjustments they then submit the work as theirs for copyright.

Be careful and safeguard your work. To confess, I did one job for a client last year where they insisted I do a work for hire contract and they would own the copyrights. In an effort to try to make a good impression, I took the job thinking the images would not be a big deal. I was wrong. It was a mistake. I will never do work for hire again. 

Look into the ASMP resources on their web site for more on this and many other issues.

I would have included photos to this entry, but don't have permission and don't want to get sued. 

Here are a few links on the issue.







Posted by Aaron Ansarov

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)