Fair Use?

Fair use is any copying of copyrighted material done for a limited and "transformative" purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an illegal infringement.

You have probably seen the poster below but perhaps not the photograph.Is this transformative fair use?

Famous street artist Shephard Fairey created the Hope poster during President Obama's firstpresidentialcampaign in 2008. The design rapidly became a symbol for Obama's campaign, technically independent of the campaign but with its approval.

In January 2009, the photograph on which Fairey allegedly based the design was revealed by the Associated Press as one shot by AP freelancer Mannie Garcia with the AP demanding compensation for its use in Fairey's work. Fairey responded with the defense of fair use, claiming his work didn't reduce the value of the original photograph.

The artist and the AP press came to a private settlement in January 2011, part of which included a split in the profits for the work.Significance

It's unlikely that Garcia's work could have ever reached the level of fame it did, if not for Fairey's poster. Garcia himself stated he was "so proud of the photograph and that Fairey did what he did artistically with it, and the effect it has had," but still had a problem with the fact that Fairey took the image without permission and without credit for it's originator.

What are your impressions?Fair use or infringement?Briefly explain.