The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”
Copyright protects the particular way an author has expressed himself; it does not extend to any ideas, systems, or factual information conveyed in the work.
if it's so easy, why didn't the AP photographer take his own photo and turned it into a red white and blue poster with the Obama logo on the lapel, the HOPE sign and the little Andre the Giant in the background? he could have ended in a museum and made a bunch of cash in the process. instead nobody knows who he is.
Shepard Fairey, the visual artist who created the iconic “Hope” poster of Barack Obama, has filed suit against The Associated Press, according to court documents. Last week, The A.P. said in a statement that the poster, based on an A.P. photograph taken by Mannie Garcia in April 2006, requires its permission for use of the image, and that it is seeking credit and compensation for its use in Mr. Fairey’s works. In the suit, filed in United States District Court in New York, lawyers for Mr. Fairey are seeking a declaratory judgment which would rule that Mr. Fairey’s poster does not infringe on The A.P.’s copyrights and is protected by the Fair Use Doctrine. The complaint also seeks an injunction enjoining The A.P. from asserting its copyrights against Mr. Fairey, his company, Obey Giant, and anyone in possession of the poster or works derived from it, as well as a jury trial.
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