The issue of copyright infringement is rarely discussed by creatives until a copyright has been infringed upon. The images above display a recent issue involving the Woolies brand and musician Joy Jones. Woolies had commissioned the custom drafted logotype prior to the 2008 release of the 12″ single The Joy/This Too Shall Pass. Under U.S. copyright law, exclusive rights to any work of creative expression are owned by the author at the moment of creation. The question remains is the Joy Jones logo an infringement of copyright.
Since both logos are at their core illustrations, one must assess if there are identifiable components that make the two strikingly similar (Exhibit: A). Each of us have formed our personal opinions in the matter, now we want to hear what you think. Using the poll below give us your opinion.
The reference photo for Shepard Fairey’s Obama poster has been identified and the Associated Press claims it wants to get paid. The photo was shot in 2006 by photographer Mannie Garcia. Shepard preemptively filed a lawsuit attempting to protect himself from copyright infringement claims. While we’re no legal experts and we’re sympathetic to the photographer’s work, we think Shepard’s got this one. A catalyst for the legal feud may have been the acquisition of a related work by the National Portrait Gallery in Washington. It was purchased for an undisclosed amount of money.
This is not Shepard Fairey’s first encounter with the legal system. He has been arrested many times (most recently last Friday in Boston). By our estimation, he’s been arrested about fifteen times.
Photographer Mannie Garcia was very gracious. “I don’t condone people taking things, just because they can, off the Internet,†Mr. Garcia said. “But in this case I think it’s a very unique situation. If you put all the legal stuff away, I’m so proud of the photograph and that Fairey did what he did artistically with it, and the effect it’s had.â€
