“The AP, Obama, & Referencing”
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Taken from Obey Giant:
“I’m sure a lot of people are wondering about my case with the AP over the Obama HOPE poster. I can’t talk about every aspect of the case, but there are a few things I want to discuss and points I’d like to make.”
Most importantly, I am fighting the AP to protect the rights of all artists, especially those with a desire to make art with social commentary. This is about artistic freedom and basic rights of free expression, which need to be available to all, whether they have money and lawyers or not. I created the Obama image as a grassroots tool solely to help Obama get elected president. The image worked due to many complex variables. If I could do it all over again, I would not change anything about the process, because that could change the outcome. I am glad to endure legal headaches if that is the trade-off for Obama being president.
No disrespect was intended to photographer Mannie Garcia, but I did not think (and do not think) I needed permission to make an art piece using a reference photo. From the beginning, I openly acknowledged that my illustration of Obama was based on a reference photograph. But the photograph is just a starting point. The illustration transforms it aesthetically in its stylization and idealization, and the poster has an altogether different purpose than the photograph does. The AP photo I used as a reference, which I found out much later was taken by Mannie Garcia, (which was actually this one, not the one being circulated in the press) was a news photo that showed George Clooney and Barack Obama attending a 2006 panel on the genocide in Darfur. My Obama poster variations of “HOPE” and “PROGRESS” were obviously not intended to report the news. I created them to generate support for Obama; the point was to capture and synthesize the qualities that made him a leader. The point of the poster is to convince and inspire. It’s a political statement. My Obama poster does not compete with the intent of, or the market for the reference photo. In fact, the argument has been made that the reference photo would have faded into obscurity if it were not for my poster which became so culturally pervasive. The Garcia photo is now more famous and valuable than it ever would have been prior to the creation of my poster. With this factor in mind, it is not surprising, that a gallery in NYC is now selling the Garcia photo for $1,200 each. As I understand it, Garcia himself did not even realize the poster was created referencing his photo until it was pointed out to him a full year after the poster came into existence. Mannie Garcia has stated in the press that he is an Obama supporter pleased with the poster result.
