My Position
In my opinion, Shepard Fairey's use of the AP photograph constitutes fair use, as his work completely transforms the original image into a new artistic form.
Reasoning
I believe that Fairey's use of the AP photograph is fair use as it serves a different purpose than the original photograph and adds significant creative value. Using refrence images in art is an integral part of art and to claim this is copyright infringement would be detrimental to the artistic community.
Supporting Points
- Reference images and photographs are commonly used in art to inspire creative work, while also being the blueprint to most creative works.
- You cannot copyright Barack Obama's likeness
- Fairey's work is a political commentary and critique, which adds transformative value to the original image.
Conclusion
Shepard Fairey's use of the AP photograph is a legitimate example of fair use, protecting the rights of artists to create transformative works while respecting the original creator's rights.