Fair Use

I thought this would be interesting to share. I'm sure some of you have heard about it already and probably have your own opinions as artists. Shepard Fairey's Obama posters used an AP photographer's image for the basis of his idea and concept. An image that is now on posters, T-shirts, buttons, stickers, and lots of other items. An image that was found simply by "Googling" it.

One art buyer shared this article while another added this link to the copyright clearance center discussing the idea of fair use.

Terms + Conditions

I caught this article [here] over on Richard Wong's blog, Field Report: The Non-Glamorous Side of Photography about Facebook, MySpace and your rights. The terms and conditions in regards to creative content has been revised on both sites.

Image Misuse

I'm still amazed that some people think it's totally fine to use any imagery they want without the proper releases. Another example of a big legal issue (similar to Woody Allen vs. American Apparel) has arisen. This time it's Lindsey Lohan and the American Beverage Institute. The ad above ran in USA Today this past Friday... with her mug shot. And the American Beverage Institute somehow is amazed that her lawyers are filing suit. I looked at this and my first thought was.. duh!

Again it is the issue with an editorial image running in a commercial manner. I am not a lawyer by any means, but my basic understanding is that no matter what, if an image is used in a commercial manner or advertising for a specific product or promotion of a message it needs to have the proper clearances, i.e. talent releases, property releases, photographer approval, etc. Just because it is a google image or an editorial image does not mean that it is available for public use.

Not only does this advertisement have an odd message but the American Beverage Institute claims that they are well within their right to use the image. “People magazine, Smoking Gun and a lot of people have republished this mug shot,” said Longwell. “It was publicly accessible. We’re not using it for any kind of commercial gain. So we’re well within our rights to use it.” (see the full article on msnbc.com here).

While the actual photo may be in public domain because it is a mug shot, she certainly is not especially since her image is so well known.

American Apparel snafu

AdFreak reports American Apparel has used Woody Allen's image without permission, so he's now suing the cargo pants off them. Reuters is reporting the US company is using his image in print (including the billboard pictured above) and the internet. He has stated that the company never contacted him or compensated him for the use of his image.

Art Buying 101 - ALWAYS get a talent release. I'm pretty sure there was not an art buyer or business affairs person involved in this project. We have to be so meticulous about the imagery - sometimes to the creatives chagrin - but it's part of the job. There should always be written permission for the images - this includes anything from talent, property, name, or logos. Getting clearances covers the client and the agency.

I'm wondering if American Apparel contacted the photographer or the director for usage. The billboards were only posted in California and New York City - Woody Allen filed suit in a Manhattan Court.