Desperation? Shepard Fairey – Mannie Garcia – Hope, Obama and “Fair Use”…

From a post read on – today….

“Street artist Shepard Fairey was arrested last night in Boston on two warrants after he allegedly tagged property in Boston with graffitti based on his Andre the Giant street art campaign, reported the Boston Herald. ”

…”Fairey’s Obama image has been sold on hundreds of thousands of stickers and posters, and was unveiled at the National Portrait Gallery in Washington in the days before Obama’s inauguration.

The image is the subject of a copyright dispute with The Associated Press. Fairey argues his use of the AP photo is protected by “fair use,” which allows exceptions to copyright laws based on, among other factors, how much of the original is used, what the new work is used for and how the original is affected by the new work.” – Boston Herald – Feb 7 2009 by the Associated Press…  © Copyright 2009 Associated Press.

Herald story here

This ought to be an interesting offshoot …… Bad-boy press which might be considered under the terms – any press is good press right?

The “source photograph” – the original photograph upon which the poster is based is attributed to Mannie Garcia…

Another source regarding the original photographer, and other offerings of  the detritus of a campaign – James Danzier –  and specifically a post on “the Year in Pictures”….

After some time, it seems the momentum of the dispute – as characterized by those with second hand (or even more remote) knowledge – tends to muddy the waters…  I wonder who in the end will benefit the most?

Reading – Gerhard Richter – The Daily Practice of Painting

This passage struck me today from Richter’s Daily Practice of Painting, from Notes, 1981, page 99: ” Painting is the making of an analogy for something nonvisual and incomprehensible: giving it form and bringing it within reach. And that is why good paintings are incomprehensible. Creating the incomprehensible has absolutely nothing to do with turning out any old bunkum, because bunkum is always comprehensible. ‘Not comprehensible’ partly means ‘not transitory’: i.e., essential. And it partly means an analogy for something that, by definition, transcends our understanding, but which our understanding allows us to postulate.”

And later ” Art is the highest form of hope. “

The passage above applies to so many things… insert “living” or “architecture” or “photography” in place of Painting(s)….