After reviewing the Fairey Copyright case, I believe Fairey deserved to be sued. Fairey transformed photographer Mannie Garcia’s original photograph into a stylized image with bold colors and distinct visual elements. Knowing that the photo belongs to someone else and failing to give them credit is simply wrong. Especially since Fairey admitted to misleading the court and destroying evidence related to the case. The photograph had no effect on the original work’s market value. In fact, it was argued that the poster’s popularity increased the market for the photograph itself, but the photographer would not benefit because the original was not credited. When dealing with copyrighted material, it is critical to maintain clarity, honesty, and compliance with legal obligations to avoid this type of problem.
Works Cited
Case Study on Fair Use and Fair Dealing: The Hope Poster Litigation Set forth below is an excerpt from William Fisher et al, H, https://cyber.harvard.edu/people/tfisher/IP/Hope_Poster_Case_Study.pdf. Accessed 15 July 2023.
,, AIGA. “DESIGN BUSINESS + ETHICS.” AIGA, https://www.makinggood.ac.nz/media/1278/aiga_47555891-design-business-and-ethics-1-.pdf. Accessed 15 July 2023.“Resources | AIGA Standards of Professional Practice.” AIGA, https://www.aiga.org/resources/aiga-standards-of-professional-practice. Accessed 15 July 2023.
Image Credit
shutterstock.com
