“The Medium is the Message: Shepard Fairey and the Art of Appropriation”

For quite some time now, it has been every Shepard Fairey hater’s favorite little trick to post a link to an article written by Mark Vallen whenever Obey praise was being handed out.  The aforementioned article takes aims at Fairey’s entire aesthetic, accusing him of outright plagiarism.  The fine folks at Supertouch have taken the time to write up a long, well thought-out rebuttal to Vallen’s article.  If you have bought into Vallen’s views, you owe it to yourself to at least read the other side of the story.  Check it out at Supertouchart.com.

10 Responses to ““The Medium is the Message: Shepard Fairey and the Art of Appropriation””

  1. Or to quickly sum up – plagourism is the basis of all culture.

  2. Or to quickly sum up – plagourism is the basis of all culture.

    A good read.

  3. Or to quickly sum it up- Crybabies are exhausting.

    And yeah, it is a good read.

  4. plagarism thanks. spelling errors are exhausting. in life.

  5. Couchsurfing revolutionaries, too, are pretty exhausting.

  6. Dyslexia is exhausting.

  7. Great read on both accounts, thanks for the links!

  8. I see the SuperTouch critique of Mark Vallen’s critique of Shepard Fairey has shown up here. It is only fair to mention Brian Sherwin’s critique of the SuperTouch critique of Vallen. (Lot of critiques going on over Shepard Fairey)


    I have to agree with Sherwin. Many of Fairey’s references are not fair use. To be fair use the images by Fairey have to comment on or parody the work that is being referenced and the majority of the public must be able to make that connection when viewing the art. Viewers should be able to know what is being commented on or parodied if fair use is done in the way it should be. Anything else is infringement and asking people to buy a $59.95 book so they will know the connection is just lame. Did I mention that O’Shea does not know anything about copyright? Just read the topic.

  9. AP Alleges Copyright Infringement of Obama Image

    Feb 4 07:56 PM US/Eastern
    AP National Writer

    NEW YORK (AP) – On buttons, posters and Web sites, the image was everywhere during last year’s presidential campaign: A pensive Barack Obama looking upward, as if to the future, splashed in a Warholesque red, white and blue and underlined with the caption HOPE.

    Designed by Shepard Fairey, a Los-Angeles based street artist, the image has led to sales of hundreds of thousands of posters and stickers, has become so much in demand that copies signed by Fairey have been purchased for thousands of dollars on eBay.

    The image, Fairey has acknowledged, is based on an Associated Press photograph, taken in April 2006 by Manny Garcia on assignment for the AP at the National Press Club in Washington.

    The AP says it owns the copyright, and wants credit and compensation. Fairey disagrees.

    “The Associated Press has determined that the photograph used in the poster is an AP photo and that its use required permission,” the AP’s director of media relations, Paul Colford, said in a statement.

    “AP safeguards its assets and looks at these events on a case-by-case basis. We have reached out to Mr. Fairey’s attorney and are in discussions. We hope for an amicable solution.”

    “We believe fair use protects Shepard’s right to do what he did here,” says Fairey’s attorney, Anthony Falzone, executive director of the Fair Use Project at Stanford University and a lecturer at the Stanford Law School. “It wouldn’t be appropriate to comment beyond that at this time because we are in discussions about this with the AP.”

    Fair use is a legal concept that allows exceptions to copyright law, based on, among other factors, how much of the original is used, what the new work is used for and how the original is affected by the new work.

    A longtime rebel with a history of breaking rules, Fairey has said he found the photograph using Google Images. He released the image on his Web site shortly after he created it, in early 2008, and made thousands of posters for the street.

    As it caught on, supporters began downloading the image and distributing it at campaign events, while blogs and other Internet sites picked it up. Fairey has said that he did not receive any of the money raised.

    A former Obama campaign official said they were well aware of the image based on the picture taken by Garcia, a temporary hire no longer with the AP, but never licensed it or used it officially. The Obama official asked not to be identified because no one was authorized anymore to speak on behalf of the campaign.

    The image’s fame did not end with the election.

    It will be included this month at a Fairey exhibit at the Institute of Contemporary Art in Boston and a mixed-media stenciled collage version has been added to the permanent collection of the National Portrait Gallery in Washington.

    “The continued use of the poster, regardless of whether it is for galleries or other distribution, is part of the discussion AP is having with Mr. Fairey’s representative,” Colford said.

    A New York Times book on the election, just published by Penguin Group (USA), includes the image. A Vermont-based publisher, Chelsea Green, also used it—credited solely to Fairey_ as the cover for Robert Kuttner’s “Obama’s Challenge,” an economic manifesto released in September. Chelsea Green president Margo Baldwin said that Fairey did not ask for money, only that the publisher make a donation to the National Endowment for the Arts.

    “It’s a wonderful piece of art, but I wish he had been more careful about the licensing of it,” said Baldwin, who added that Chelsea Green gave $2,500 to the NEA.

    Fairey also used the AP photograph for an image designed specially for the Obama inaugural committee, which charged anywhere from $100 for a poster to $500 for a poster signed by the artist.

    Fairey has said that he first designed the image a year ago after he was encouraged by the Obama campaign to come up with some kind of artwork. Last spring, he showed a letter to The Washington Post that came from the candidate.

    “Dear Shepard,” the letter reads. “I would like to thank you for using your talent in support of my campaign. The political messages involved in your work have encouraged Americans to believe they can help change the status quo. Your images have a profound effect on people, whether seen in a gallery or on a stop sign.”

    At first, Obama’s team just encouraged him to make an image, Fairey has said. But soon after he created it, a worker involved in the campaign asked if Fairey could make an image from a photo to which the campaign had rights.

    “I donated an image to them, which they used. It was the one that said “Change” underneath it. And then later on I did another one that said “Vote” underneath it, that had Obama smiling,” he said in a December 2008 interview with an underground photography Web site.

  10. While I do like Shepard Fairey’s works, I would have to question how original they should be considered. I’m also more than a bit concerned that a very capable collage artist can become a wealthy, international superstar, while someone with talents on par with, say, Rembrandt would be completely ignored. However, I will admit that I’m far more interested in Fairey’s creations than I ever was of those of either Warhol or Lichtenstein.

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