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Obama Photog Says "You're Both Wrong" To AP & Fairey

NewYorkCountryLawyer writes "In Fairey v. Associated Press, the Associated Press said artist Shepard Fairey's painting had infringed its copyrights in a photo of then-President Elect Barack Obama. Fairey said no, it was a 'fair use'. Now, the freelance photographer who actually took the AP photo — Manuel Garcia — has sought permission to intervene in the case, saying that both the AP and Fairey are wrong. Garcia's motion (PDF) protests that he, not AP, is the owner of the copyright in the photograph, and that he never relinquished it to AP. And he argues that Fairey is not entitled to a fair use defense. According to an article in TechDirt, this intervention motion by Mr. Garcia represents a changed attitude on his part, and that his initial reaction to Mr. Fairey's painting was admiration, and a desire for an autographed litho. Maybe Mr. Fairey should have given him that autographed litho."

7 of 222 comments (clear)

  1. Re:Is this the photo of... by Anonymous Coward · · Score: -1, Troll

    how stupid are you? I do have to thank you though because idiots like you helped me realize how empty conservatives are. Libertarian for the win.

  2. Re:Is this the photo of... by Anonymous Coward · · Score: -1, Troll

    Yeah, that is obviously being taken out of context. He was totally not looking at her in that way. No sir, not the infallible and messiah-like Obama.

  3. Re:I'm having a hard time seeing infringement by drinkypoo · · Score: 0, Troll

    I see your point, but I still disagree with it. If you think it's so easy to snap that photo, go shoot it yourself. When you do that, then you may dictate the terms under which it is distributed. Not before... unless the photographer licenses the photograph for your use. Or in theory, if the photographer was a paid employee of the federal government. hahahAHahaHAHa

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  4. Afro-American Racism Against Whites and Asians by Anonymous Coward · · Score: -1, Troll
    During the election, about 95% of African-Americans voted for Barack Hussein Obama due solely to the color of his skin. See the exit-polling data by CNN.

    Note the voting pattern of Hispanics, Asian-Americans, etc. These non-Black minorities serve as a measurement of African-American racism against Whites (and other non-Black folks). Neither Barack Hussein Obama nor John McCain is Hispanic or Asian. So, Hispanics and Asian-Americans used only non-racial criteria in selecting a candidate and, hence, serve as the reference by which we detect a racist voting pattern. Only about 65% of Hispanics and Asian-Americans supported Obama. In other words, a maximum of 65% support by any ethnic or racial group for either McCain or Obama is not racist and, hence, is acceptable. (A maximum of 65% for McCain is okay. So, European-American support at 55% for McCain is well below this threshold and, hence, is not racist.)

    If African-Americans were not racist, then at most 65% of them would have supported Obama. At that level of support, McCain would have won the presidential race.

    At this point, African-American supremacists (and apologists) claim that African-Americans voted for Obama because he (1) is a member of the Democratic party and (2) supports its ideals. That claim is an outright lie. Look at the exit-polling data for the Democratic primaries. Consider the case of North Carolina. Again, about 95% of African-Americans voted for him and against Hillary Clinton. Both Clinton and Obama are Democrats, and their official political positions on the campaign trail were nearly identical. Yet, 95% of African-Americans voted for Obama and against Hillary Clinton. Why? African-Americans supported Obama due solely to the color of his skin.

    Here is the bottom line. Barack Hussein Obama does not represent mainstream America. He won the election due to the racist voting pattern exhibited by African-Americans.

    African-Americans have established that expressing "racial pride" by voting on the basis of skin color is 100% acceptable. Neither the "Wall Street Journal" nor the "New York Times" complained about this racist behavior. Therefore, in future elections, please feel free to express your racial pride by voting on the basis of skin color. Feel free to vote for the non-Black candidates and against the Black candidates if you are not African-American. You need not defend your actions in any way. Voting on the basis of skin color is quite acceptable by today's moral standard.

    1. Re:Afro-American Racism Against Whites and Asians by Profane+MuthaFucka · · Score: 0, Troll

      the Klu Klux Klan member in the Senate...Oops, my bad, he's a Democrat (Robert Byrd).

      Yes, he was a Klan member early in his life. No, he is not a member any longer. Everyone deserves a second chance; an opportunity to prove rehabilitation.

      So what has Byrd actually said or done that indicate that he's a racist? And how does that compare to people like you and the freepers unapologetically calling Obama's daughter "street trash" and so forth.

      Byrd has demonstrated his rehabilitation over many years. Conservatives seem to prove they are racists every day.

      You might want to check the history of the two parties.

      Funny you bring up LBJ, because he's the one who ejected the racists from the party. Their home is now with the conservatives.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  5. Re:Is this the photo of... by CarpetShark · · Score: -1, Troll

    Or at least, his head does not track her.

    Come on. You don't really expect a dimwit of his calibre to be able to track moving objects, do you?

  6. Afro-American Racism Against Whites and Asians by Anonymous Coward · · Score: -1, Troll
    During the election, about 95% of African-Americans voted for Barack Hussein Obama due solely to the color of his skin. See the exit-polling data by CNN.

    Note the voting pattern of Hispanics, Asian-Americans, etc. These non-Black minorities serve as a measurement of African-American racism against Whites (and other non-Black folks). Neither Barack Hussein Obama nor John McCain is Hispanic or Asian. So, Hispanics and Asian-Americans used only non-racial criteria in selecting a candidate and, hence, serve as the reference by which we detect a racist voting pattern. Only about 65% of Hispanics and Asian-Americans supported Obama. In other words, a maximum of 65% support by any ethnic or racial group for either McCain or Obama is not racist and, hence, is acceptable. (A maximum of 65% for McCain is okay. So, European-American support at 55% for McCain is well below this threshold and, hence, is not racist.)

    If African-Americans were not racist, then at most 65% of them would have supported Obama. At that level of support, McCain would have won the presidential race.

    At this point, African-American supremacists (and apologists) claim that African-Americans voted for Obama because he (1) is a member of the Democratic party and (2) supports its ideals. That claim is an outright lie. Look at the exit-polling data for the Democratic primaries. Consider the case of North Carolina. Again, about 95% of African-Americans voted for him and against Hillary Clinton. Both Clinton and Obama are Democrats, and their official political positions on the campaign trail were nearly identical. Yet, 95% of African-Americans voted for Obama and against Hillary Clinton. Why? African-Americans supported Obama due solely to the color of his skin.

    Here is the bottom line. Barack Hussein Obama does not represent mainstream America. He won the election due to the racist voting pattern exhibited by African-Americans.

    African-Americans have established that expressing "racial pride" by voting on the basis of skin color is 100% acceptable. Neither the "Wall Street Journal" nor the "New York Times" complained about this racist behavior. Therefore, in future elections, please feel free to express your racial pride by voting on the basis of skin color. Feel free to vote for the non-Black candidates and against the Black candidates if you are not African-American. You need not defend your actions in any way. Voting on the basis of skin color is quite acceptable by today's moral standard.