Copyright Copyright and Digital Photography

What are your Copyrights?

 To reproduce the work  To prepare derivative works  To distribute copies or phonorecords of the work  To perform the work publicly  To display the work publicly  To reproduce the work  To prepare derivative works  To distribute copies or phonorecords of the work  To perform the work publicly  To display the work publicly

What works are protected?

 Copyright protects original works of authorship that are fixed in a tangible form of expression.

Copyrightable works:  Literary works  Musical works including any words  Dramatic works including any music  Choreographic works  Pictorial, graphic, and sculptural works  Literary works  Musical works including any words  Dramatic works including any music  Choreographic works  Pictorial, graphic, and sculptural works

The Issue  Shepard Fairey was accused by the Associated Press for copyright infringement, saying his now-iconic Barack Obama painting was blatantly copied from a photograph taken by Mannie Garcia, who works for the A.P. accused by the Associated Press for copyright infringement  Shepard Fairey was accused by the Associated Press for copyright infringement, saying his now-iconic Barack Obama painting was blatantly copied from a photograph taken by Mannie Garcia, who works for the A.P. accused by the Associated Press for copyright infringement

 Originally, Fairey claimed to have used AP photographer Mannie Garcia 's shot of Obama seated next to actor George Clooney at an April 2006 National Press Club event, while the AP alleged he had used another Garcia photo ﾑ a tight shot of the president's face taken at the same event. Fairey now admits the AP was right and will amend his court pleadings to reflect his new position.shot of Obama seated next to actor George Clooney  Originally, Fairey claimed to have used AP photographer Mannie Garcia 's shot of Obama seated next to actor George Clooney at an April 2006 National Press Club event, while the AP alleged he had used another Garcia photo ﾑ a tight shot of the president's face taken at the same event. Fairey now admits the AP was right and will amend his court pleadings to reflect his new position.shot of Obama seated next to actor George Clooney

Who owns copyright?  The dispute about Fairey using a photograph from the Internet of Obama that was distributed by AP and shot by Garcia as the basis of his famous Obama "Hope" poster centers on Fairey's claim that using the image as his "source" to create "original work" is "fair use." AP contends it was not "fair use" and therefore Fairey infringed on AP's copyright. AP has claimed all along to be the copyright holder of Garcia's photograph because they say he was working for AP for a five-week period during which time Garcia made the photograph during a National Press Club press conference in Washington, DC..

Who owns copyright?  freelance photojournalist Mannie Garcia has staked his own claim in the dispute by filing court papers to join the suit alleging that he's the copyright holder for the now-famous image of then-Senator Barack Obama, not AP, and that he has the exclusive right to license the image, not AP.

What are The Issues ?

The Issues  Copyright ownership  Fair use  Work for hire  Copyright: to distribute works,to make derivative works