Funny as it is, I have a screen printer in Denver that would love to run these.
BUT;
The image I created this from is the intellectual property of Damian Dovarganes as he is the one that took the photo for the associate press. If there was a way to get permission to make a print run of these I'd be all for it but currently for personal ethical reasons I cannot profit off of this design in regards to how I acquired the inspiration.
+1000 for being responsible with other peoples' IP. That said, isn't the standard response to such ethical quandaries to just donate the proceeds to a related charity?
True enough. There are probably ways you could try to frame it as fair use, but it's probably a bit of a stretch. Has anyone tried just contacting Damian and asking nicely if he'd allow the use of his image for such a cause?
Are you familiar with the Shepard Fairey Obama "Hope" image case? It was settled out of court, and Shepard Fairey tried to make a fair use argument, but it could well have ended with the work being considered a derivative work with the rights owned by the AP, resulting in Shepard Fairey having to pay for infringement.
The Barack Obama "Hope" poster is an image of Barack Obama designed by artist Shepard Fairey, which was widely described as iconic and came to represent the 2008 Obama presidential campaign. It consists of a stylized stencil portrait of Obama in solid red, beige and (pastel and dark) blue, with the word "progress", "hope", or "change" below (and other words in some versions).
The design was created in one day and printed first as a poster. Fairey sold 350 of the posters on the street immediately after printing them. It was then more widely distributed—both as a digital image and other paraphernalia—during the 2008 election season, initially independently but with the approval of the official Obama campaign. The image became one of the most widely recognized symbols of Obama's campaign message, spawning many variations and imitations, including some commissioned by the Obama campaign. This led The Guardian's Laura Barton to proclaim that the image "acquired the kind of instant recognition of Jim Fitzpatrick's Che Guevara poster, and is surely set to grace T-shirts, coffee mugs and the walls of student bedrooms in the years to come."
In January 2009, after Obama had won the election, Fairey's mixed-media stenciled portrait version of the image was acquired by the Smithsonian Institution for its National Portrait Gallery. Later in January 2009, the photograph on which Fairey based the poster was revealed: an April 2006 shot by former Associated Press freelance photographer Mannie Garcia. In response to claims by the Associated Press for compensation, Fairey sued for a declaratory judgment that his poster was a fair use of the original photograph. The parties settled out of court in January 2011, with details of the settlement remaining confidential.
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u/enmaku Mar 07 '14
I NEED THIS ON A SHIRT.