Looking at the Fairey Copyright case study, itâs hard to know how the courts would have handled it. I understand Fairly using the photograph as the basis or reference for his final poster, there were substantial changes made to it which made it itâs own work. It makes me wonder how many illustrators would be made to go to court over using reference photos of people. However, it should be noted that in the âUse of Photographyâ section of the AIGA Design and Business Ethics Handbook it states, âA client may want an all rights contract. Having all rights would mean the client could use the work in any conceivable way.â Itâs clear that Fairey was not a client and did not have an all rights contract with Garcia, which makes Fairey lean more into the unethical side of things. On the other hand, in the âGuide to Copyrightâ section, it states, âWork must be original and creative to be copyrightable. Here, âoriginalityâ simply means that the designer created the work and did not copy it from someone else.â One could argue that Fairey took the inspiration of Garciaâs photograph and used it to create his original illustrated piece.
Personally, I think the two are completely separate pieces with opposing goals. It states, âSecond, Faireyâs purpose in creating the poster was the same as Garciaâs purpose in making the photo â namely, to âcapture the essence of Senator Obama.â However, I think Fairey and Garcia had two completely different things they were trying to communicate. Garcia simply wanted a nice photograph of Obamaâs face, while Fairey was focusing on the other artistic aspects around the face, being the color palette and the meaning behind it, the typeface, the âcorrectionâ of body proportions to make Obama âmore appealing.â Both are unique pieces of work, and Iâm glad they settled and chose to collaborate in the end.