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Legality of Reference Photography in ArtAn important court case is being fought in Boston, which will undoubtedly impact the legality of reference photographs being used in art in the United States.Legality of Reference Photography in Art by rjonesdesign
Shepard Fairey, creator of the famous "Hope" portrait of President Barak Obama, now hanging in the Smithsonian's National Portrait Gallery, is being questioned for it's legal copyrights.
The original photograph, taken by Manny Garcia of the Associated Press, is challenging the relationship of the original image to the portrait by Fairey. They are seeking compensation for the reference. Their basic argument is that no-one should be able to work from a reference photo without licensing it.
Mr. Fairey believes that a piece of art that transforms both the intent and the esthetics of an image is actually a valuable new piece independent of the original. Also, in this case, his work does not compete with the original market. He is fighting this basically not