The Obama “Hope” Poster Case — Why New York?

In the last several weeks, it’s been revealed that artist Shepard Fairey, who created the iconic “Hope” poster for the Obama campaign on the right, based his poster on a photo taken by AP temporary photographer Manny Garcia, at left. Last week, AP sent a letter to Fairey, requesting “credit and compensation.” (AP) In response, Fairey, represented by the Stanford Fair Use Project and Mark Lemley‘s new law firm, filed suit for declaratory relief in the Southern District of New York. (Complaint)

This suit could raise a number of fascinating copyright issues, some of which I’ve already noted in dispersed comments on other blogs. I’m going to do a series of posts, addressing the following questions:

  • Why did Fairey file in the Southern District of New York?
  • Does AP actually own the copyright in the Garcia photo?
  • Is Fairey’s suit doomed to fail before it even gets off the ground?
  • What’s the “original” photo?
  • What does the complaint say about the poster creation process?
  • What if anything is copyrightable about the photo? Does the poster infringe on that?
  • Is the poster subject to a fair use defense?
Continue ReadingThe Obama “Hope” Poster Case — Why New York?

No Stimulus for You

It will come as no surprise that I am not a fan of the stimulus bill, but I am blogging today about a small aspect of it. Both the House and Senate versions authorize grants to state higher education agencies for “Higher Education Facilities,” but impose limits on sub-grants to colleges and universities for renovation and modernization of buildings. No grant may be used for “modernization, renovation, or repair of facilities— (i) used for sectarian instruction, religious worship, or a school or department of divinity; or (ii) in which a substantial portion of the functions of the facilities are subsumed in a religious mission . . . .”

I think this passes constitutional muster for two reasons.

Continue ReadingNo Stimulus for You

My Favorite Wisconsin Cases

Where does one start?!  I attempt to bring Wisconsin law into my classes for several reasons.  The “Diploma Privilege” permits our students to practice in this state without taking the Bar Exam.  Wisconsin courts have been pacesetters as to matters considered in the subject areas in which I teach.  I believe students should learn, as early as their first year with us, that is not improper for one to find fault with judicial and legislative reasoning, at times even in a humorous fashion, as long as due respect is shown.

The first of my favorites is considered in my Torts class.  It is Quesenberry v. Milwaukee County, 106 Wis.2d 685, 317 N.W.2d 468 (1982).  It arises in the discussion of the duties of owners and occupiers of land to those who come upon the property.  It is referenced to show how, at times, state legislatures see fit to modify common law rules.  The case dealt with a provision of the Wisconsin Statutes in effect at the time of an accident (then § 29.68) that barred recovery for injuries received while engaging in “recreational” activities on lands of another. 

Continue ReadingMy Favorite Wisconsin Cases