Fair(ey) use?

Unless you've been under a rock for the last several months, you may have noticed a poster depicting Barack Obama in shades of red, white, and blue with the caption "HOPE."

The Associated Press claims that the artist, one Shepard Fairey, used an image of Barack Obama without permission. AP is seeking compensation for the use of the image, which became wildly popular during last year's Presidential campaign.

Fairey is being represented in the case by Stanford Fair Use Project director Anthony Falzone. Falzone argues that Fairey's use of the photo, originally taken in 2006 by AP photographer Mannie Garcia, qualifies as a fair use, presumably because of the changes that the artist made to the image before printing the poster.

Interesting case, and one that we'll keep an eye on.

When I read this, I remembered hearing Fairey interviewed on Fresh Air a couple of weeks ago. He talked about the possibility of getting dinged for using a photo without permission. All around it was an interesting interview, which you can listen to here.