When we discussed the article, “On the Rights of Molotov Man,” I couldn’t help but think of the controversy surrounding the Barack Obama “Hope” picture. The piece of artwork that was seen everywhere during the Obama campaign was created by artist Shepart Fairley. However, the basis for the artwork was a photograph taking by Associated Press photographer Mannie Garcia. Controversy ensued, as the AP said they did not grant Fairley permission to use the picture and are therefore entitled to Fairley’s profit gained from his artwork. On the other hand, Fairley contended that he had a right to use the photograph because of the fair use exception to the copyright law which allows use of copyrighted materials for such purposes as news reporting, academics, criticism, etc, just as Joy Garnett contended that she could use the Molotov photograph. It shows how the line on copyrighted images is blurred and how sometimes, no one person can claim complete control over a picture. In turn, the real truths behind an image get lost. Just as the Che Guevara image is seemingly the mascot for rebellion, a photo of Obama taken at a campaign stop suddenly became the face of hope.
http://www.nytimes.com/2009/02/10/arts/design/10fair.html
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