Handselecta

The most recent post by Handselecta was 8 hours, 51 minutes ago…

Handselecta
Handselecta

New York, New York

Shepard Fairey has released a statement regarding his lawsuit by The AP. (As seen on worlds best ever)I have the utmost respect for the way Mr Fairey has chosen to take the very difficult road to make a statement that choses honesty, even if sacrificing his defensive position, in order to defend his work, and his right to create work by his methods. Making my living in the world of Skateboarding with its own history of destructive creating within the moral/ethical gray area of copyright infringement. And my Handselecta project which lives within the realm of copyright as related to font creation/use/licensing and ownership. We all live in a gray area in the internet age. Who purchased every one of their mp3’s? And it compllicates things even further because Sheps portrait of the president was done at no fiscal gain to himself. Does that change the way we see things? I am torn by this myslef. And don’t think I have a solid opinion yet, but lean toward erring on the free use side of the argument in my gut. Probably because Metalica left such a bad taste in my mouth with their napster lawsuit 10 years ago.

STATEMENT ON ASSOCIATED PRESS FAIR USE CASE
In an effort to keep everyone up to date on my legal battle to uphold the principle of fair use in copyright laws, I wanted to notify you of a recent development in my case against The Associated Press (AP).


On October 9, 2009, my lawyers sent a letter to the AP and to the photographer Mannie Garcia, through their lawyers, notifying them that I intend to amend my court pleadings. Throughout the case, there has been a question as to which Mannie Garcia photo I used as a reference to design the HOPE image. The AP claimed it was one photo, and I claimed it was another.

The new filings state for the record that the AP is correct about which photo I used as a reference and that I was mistaken. While I initially believed that the photo I referenced was a different one, I discovered early on in the case that I was wrong.

In an attempt to conceal my mistake I submitted false images and deleted other images. I sincerely apologize for my lapse in judgment and I take full responsibility for my actions which were mine alone. I am taking every step to correct the information and I regret I did not come forward sooner.

I am very sorry to have hurt and disappointed colleagues, friends, and family who have supported me in this difficult case and trying time in my life.

I am also sorry because my actions may distract from what should be the real focus of my case – the right to fair use so that all artists can create freely. Regardless of which of the two images was used, the fair use issue should be the same.

- Shepard

Posted by Handselecta on October 20, 2009 at 01:23 PM

  • 14 Comments
  • Digg

Previous Entry:Just in case you ever wondered

Next Entry:Dceve

14 Comments

The latest comment was posted 3 weeks, 6 days ago…

vargucci wrote… Comment #1 posted on October 20, 2009 at 03:25 PM

I respect Shepherd Fairey for blowing himself up to such epic stature in the arts, but almost all of it has been ripped off from political and cultural movements. He only does so for HIS profit. His plagiarism is blatant and has NOTHING to do with fair use. Homeboy finally got caught and someone decided to do something about it. Period. Props for his brilliant execution, he’s got design skills no doubt but HE IS A THEIF. He can spin the damage control however he wants, the truth is the truth.

http://www.youtube.com/watch?v=pDUzLe6-YVk

Handselecta wrote… Comment #2 posted on October 20, 2009 at 05:02 PM

Vargucci, please explain. The use of capital letters explains your strong feeling, but doensn’t convince me that there is absolutely no rightful claim to fair use in this case. Do you believe that there is or should be fair use in any instance? And do you think there is actually a problem with artists, industrialists, bankers or anyone creating anything for their profit. In this case Fairey profited in helping to get his favored candidate elected. He also profited in stoking his own fame. No doubt. but mixed motives make the world go round.

premes wrote… Comment #3 posted on October 20, 2009 at 05:18 PM

Yo, I’ve seen hope shirts, bags,anything they can print that graphic on for sale through the obey line. He is absolutely making money off of that image.  Hey props to the man, but lets not make him some kind of innocent bystander in all of this, or an advocate for fair use. If someone made a giant profit off of a picture you took and denied it was yours, I doubt you would respect his artistic freedom to create.
just sayin’.

Handselecta wrote… Comment #4 posted on October 20, 2009 at 05:38 PM

“All proceeds from the sales of the Shepard Fairey/Upper Playground collaborative Obama t-shirt will go directly to creating more campaign t-shirts, posters, and stickers by other artists in support of Obama’s bid for President”
- http://obeygiant.com/headlines/barack-obama-t-shirts

I dont know the status of profits since the inauguration.

The second part of your statement is spot on though. None of us want to be a stepping stone for someone elses profit. And that is why I am split on the issue. Because lets face it, the Obey/Obama is something new, morphed and different than just a photo, And stronger, than the photo alone. But it owes its existence to that photo. The question I’m posing is what else does it owe that photo/photographer? Because I think it is important to promote and not stifle artists to create. And basically the question in this case is, which judgement would stifle future art more? Defense of the photographer, or of the poster designer. See my post about Damien Hirst from a couple weeks back.

vargucci wrote… Comment #5 posted on October 20, 2009 at 05:53 PM

Handselecta- As a movie poster designer and illustrator, I am a believer in fair use. Shepherd Fairey is undoubtedly a very talented individual, but his plagiarism is just so rampant and shameless. At least have the decency to give credit where credit is due. If you’re a tastemaker and art/graphic connoisseur that remixes visuals then so be it. Do so openly, do not conceal the source! How is that fair? How can you create something as iconic as the Obama Hope image and not remember where you got it from? Really? I have yet to see him give credit to anyone he has “borrowed” from. My objection is that Shepherd Fairey isn’t the champion of this cause, if anything, to me he is an example of unfair use. The irony of it is how many times Shepherd Fairey has gone after people for imitating him. So in his case, he’s just protecting his brand?

Artists should be able to create freely, no doubt about it. Artists should also be protected from anyone making a profit off something they created. I don’t think you will find any artist that is either pro or con. Like most, I’m torn.

vargucci wrote… Comment #6 posted on October 20, 2009 at 06:06 PM

...just to clarify - i believe in fair use, as in: if someone makes a profit off something that can be undoubtedly referenced back to another source, then credit and possible profit sharing should be required. the question is, how much change to an image constitutes it being a completely new image?

john wrote… Comment #7 posted on October 20, 2009 at 06:23 PM

Fairey really screwed the pooch on this one. First, he didn’t give credit where credit was due (after all, it was “just” an AP photographer, that he probably does not perceive as an artist since he tends to steal his images from the unnamed at will) as opposed to more recent work where he states that a design is a collaboration (mostly with “cool” photographers or people in his clique who he wants to maintain good relationships with). He’s is a big money making adult and has to play by the same rules as other COMMERCIAL art entities - whether they be editorial magazines, newspapers, or websites who have to pay other artists for their work directly or through middlemen like Getty Images, or whether it is a clothing line that wants photos of their products on a model for a catalogue. Now, he is lying about the photo he used and trying to cover up about it? This is no gentleman. He has stickered and defaced plenty of personal property over the years, and if he was a true gentleman, would establish a cleanup fund to go back and repair areas he destroyed.

Handselecta wrote… Comment #8 posted on October 20, 2009 at 06:34 PM

The true gentleman comment was in reference to his coming clean. Its not easy to make a statement like that. Granted, for many of us, and probably him we hit a point where we had no choice. But it still shows character.  True character will be when we find out what the full responsibility for his actions actually entails.

AychTea wrote… Comment #9 posted on October 20, 2009 at 07:36 PM

this is far from the first time that Shepard has blatantly plagiarized imagery. He has built a disgusting amount of his career on it. This just happens to be the first time he was actually called out for it.

http://www.art-for-a-change.com/Obey/index.htm

Dwayne Reed wrote… Comment #10 posted on October 21, 2009 at 12:42 AM

As a design piece I don’t think that the Obama Hope poster has much merit. It follows the same canon as the rest of Fairey’s work in terms of the colors and the fact that it’s a blatant rip off. It just got lauded because we were all caught up in the cult of personality that is Obama. And if he was so concerned with the fair use issue being at the forefront of the case then he would’ve just owned up to it in the first place instead of lying and making himself look stupid and irresponsible.

brian wrote… Comment #11 posted on October 21, 2009 at 01:31 AM

not to pour it on, handselecta, but fairey is a hack.  how can anyone read the critique by Mark Vallan (posted 2 comments above) and objectively give fairey any credit, let alone call him an artist?  and sorry, admitting you’re a thief does not a gentleman make. 

if i lifted your work - but admitted it - would i be a gentleman?

i’m hoping fairey’s days of blatantly ripping others off are nearing an end.

Handselecta wrote… Comment #12 posted on October 21, 2009 at 11:20 AM

There is a big difference between critique and player-hate. And all the comments above has the seed of honest ctritique. I know this and most blogs tend to feel like a cool guy circle jerk. That was not my intention with this post at all. And on the contrary am very happy with the discussion it has created.

For the record, the title was a reference to Picasso’s quote’ “Good artists copy, great artists steal” I do believe the statement and act of honesty was honorable, even if the motives were not. As I would wish anyone to do, when they’ve fucked up.

yoyoyo wrote… Comment #13 posted on October 24, 2009 at 06:38 AM

i HOPE someone beats this foos ass…. somethin must be done!

The Phantom Street Artist wrote… Comment #14 posted on October 24, 2009 at 01:25 PM

History personified will review Shepard Fairey works and words as those cited by one who is lost in timeless contradiction and ignorant of culture and history at large..
Shepard Phoney is nothing other then the Rosie Ruiz of the Graffiti Art-world as the one who arrived in world class record time and embarrassed at his own Finished line!

The Phantom Street Artist

http://www.youtube.com/watch?v=pDUzLe6-YVk&fmt=18
http://disobeyduhfairey.vox.com/
http://plasticwatermag.blogspot.com/

Reply…

Respectful opinion and debate is welcome, but comments that are defamatory, indecent, abusive, off-topic, or in violation of any of our rules or terms of service will be removed and your user account will be banned. Read the posting rules here.

Advertisment
Jump Menu

Select below to jump directly to a specific persons blog.

Subscribe to 12ozProphet
Looking for something specific?

Quick search the blogs or use Advanced Search.

Advertisement
COMPLEXMediaNetwork 12ozProphet | Complex | ComplexVideo | DailyDrop | DasGamer | FreshnessMag | HighSnobiety | JapaneseSportCars | Juxtapoz | Karmaloop | KarmaloopTV | KicksFinder
KicksOnFire | Loud | MoeJackson | NahRight | NiceKicks | OliviaMunn | OnSMASH | Pastapadre | PlanetXbox360 | Sarcasticgamer | SlamxHype | SneakerNews | Streetball
Vdream | VladTV