I am a visual artist and photographer, so I have been aware of copyright laws for many years. I know a story about one of my favorite artists that involves the subject of copyright laws. Most people have seen the poster of President Barack Obama (above). Some might know that this poster was created by the world-renowned-street-artist Shepard Fairey. However, I bet most do not know that Fairey was sued for copyright infringement under copyright laws for the creation of this poster. Fairey used a photograph taken by a professional photographer as reference for his graphic work. Fairey argued that he altered the image to the extent that his artwork was an original piece and his situation should be considered fair use. The photographer argued that Fairey was illegally profiting off of his copyrighted image by redistributing and selling the image as posters, shirts, buttons, etc. The parties settled outside of court and agreed to share in any profits made from Shepard Fairey’s Obama- Hope.
The lawsuit of Shepard Fairey and the professional photographer is an example of how two artists were effected by copyright laws. It is proof that teachers and students should be aware of and understand some basics of Copyright Law:
- Which works are protected by Copyright?
- Who owns the Copyright?
- What is Copyright Infringement?
- When and how to obtain permission to copy a work?
- What is Fair Use?
- How does one obtain copyright protection for their work?
- How long does copyright protection last?
The answers to these questions and more information can be found at CopyRightKids.Org. The Copyright Society of the U.S.A. created the site in 2007 to inform children on the basics of copyright laws.
I did learn some new information on copyright laws that I believe is essential to explore as a future teacher. First, I was not aware that the fair use guidelines in Copyright laws have not changed since 1976. Therefore, these laws are difficult to apply to use of original works in a digital environment. The applicability of fair use are determined on a case-to-case basis by the courts of each state. As Larry Lessig explores in his Ted presentation, today’s children are living in world of technology and they cannot be expected to limit their technological creativity. They do, and will continue to, take content and recreate it into new, original work with digital tools. Current copyright laws prohibit their creativity in the digital world because they define all of this new work as copies, and permission should be obtained from the original creator. Permission is hardly obtained, so these children are all creating illegal work under current laws. The laws of Fair Use need to be addressed by the federal government, or, as Lessig states, kids will be forced to “live life against the law.”
Trisha's University Blog 
The example you gave is an excellent way to show what copyright looks like and where it can lead people. I do think it’s an original work of art, however, I can see how the photographer would want some credit. The original work of art was perhaps inspired by the photograph. I think this is an example of what will come in the future with technology and the creativity that kids have. What will be copyright and what will be inspired and changed so much that it is not in fact copyright?
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Wow this example is deep, I feel for Fairey, having to share his profits but I also see how the photographer would see this as a violation of his work. After reading about copyright laws, I became aware of many that I didn’t know about and do see why it is important to have them it is so easy to grab a piece of music, an image and other types of works, change it a bit and call it your own, but unless you are not the actual creator then it is best to take the time as ask for permission.
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