A heated battle over the famous Shepard Fairey Obama images has taken the spotlight and raised questions about copyright license agreements when it comes to artistic expression.
The Associated Press has sued Shepard Fairey for for violating a copyright license agreement on the photo taken by Mannie Garcia that Shepard Fairey turned into the famous graphic image of Obama with “Hope” or “Progress” emblazoned below.
Shepard Fairey insists that his artistic rendition of the photo does not violate the copyright license agreement as he dramatically altered Garcia’s photo.
Nevertheless, the AP disregards Fairey’s artful amendments and demands compensation from the profits Shepard Fairey and his companies have made off of the image as reparations for the copyright license agreement infringement.
In response to an attack on copyright license agreements, Fairey poses the issue of free expression rights. As far as the AP sees it, “The dispute turns partly on the legal concept of fair use, which allows exceptions to copyright law. Courts decide based on factors including how much of the original is used, what the new work is used for and how the new work affects the original.”
To read what clauses are contained in a copyright licesnse agreement, visit any one of the numerour online legal document resorces, like RealDealDocs.com to view actual execution copies of copyright license agreements and other legal documents.
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