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Whose Art Is This, Anyway?

In light of the fact that Shepard Fairey, the artist who “created” the Obama “Hope” poster was arrested last night for “tagging,” I decided to re-post this piece I wrote earlier in the week about his copyright infringement lawsuit by the Associated Press.  In a side note, it seems like sexism, misogyny and threats of violence against women have been with us at least since antiquity.  From Wkikipedia entry on graffiti:

Quisquis amat. veniat. Veneri volo frangere costas
fustibus et lumbos debilitare deae.
Si potest illa mihi tenerum pertundere pectus
quit ego non possim caput illae frangere fuste?
Whoever loves, go to hell. I want to break Venus’s ribs
with a club and deform her hips.
If she can break my tender heart
why can’t I hit her over the head?

CIL IV, 1284.

s01-art-shepard-faireyThe Associated Press says that the most annoyingly ubiquitous piece of Obama pseudo-art in the whole, entire freaking universe and beyond, and then ten paces beyond that, Shep Fairey’s “Hope-A-Dope” horror movie-colored Warhol Soup Can ripoff (can you tell I don’t like it?) infringes their copyright.  From an AP article posted on CBS News:

The image, Fairey has acknowledged, is based on an Associated Press photograph, taken in April 2006 by Manny Garcia 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.

So, this Fairey guy, who supposedly has a badass maverick rebel’s disregard for “da roolz,” Googles “Obama photo,” finds one, steals it, and uses it without permission to make money?  Open and shut no-brainer, right?  Don’t be dense.  Haven’t you ever heard of “fair use?”

“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.

I wish I hadn’t read that.  Every time I hear the word “fair” associated with an Obamazoid, I’m reminded of Harold Ickes pleading with the Rules and Bylaws Committee of my old party, the Democrats, to apply the party’s own standards of “fair reflection” in determining the outcome of Florida and Michigan’s delegate appropriation in light of their “rule breaker” status, only to be told by Carl Levin that “fair reflection” couldn’t be applied to a flawed process.  Bastard.

I’m sorry, but I remember every minute of that fiasco of a debacle of a circus of a joke, and I’m still so fucking pissed off about it, I get happy every time another creep assed fuck seems to realize just how screwed we all are because they encouraged and enabled the KoolAid pushing “boneheaded screw-up” they were sucking off to cheat and exploit the system all the way to the White House.  Now, they all want to know why he seems to be so tentative, wishy-washy, unsure.  Because that’s what he always was, you dipshits! That’s who he is! When you (s)elect an inexperienced, incompetent, TelePrompTer reader as Commander in Chief, that’s what you get.  And when you cheat to do it, that’s just so much worse.

Obama’s fighting Pelosi and sucking up to Republicans.  No shit?  We told you he was going to do that.  We yelled our heads off and blogged our fingers raw, and you followed your leader’s email instructions and sabotaged us at every turn.   And cheated.

I’ve written blog posts about it, as have many others, including Alegre, who says we must never forget.  I agree.  We must never allow the Pretender President and all his paid-off enablers to forget that we remember, and let them get away with re-writing their clear-cut history of cheating.

In Michigan, nobody was supposed to campaign or fund raise, but there was no imperative to remove one’s name from the ballot.  The state was having a primary, anyway, so what noble stance would one be taking by removing one’s name from a “beauty contest” that “wasn’t going to count for anything?”  The obvious answer is kiss my ass, none.  Just like there was no reason to campaign for votes under the guise of encouraging Democrats, Republicans, and Independents to vote “uncommitted” in a “beauty contest that wasn’t going to count.  Like Barack Obama did.

This blogger at Our Michigan laid it all out.  However, Obama’s intentions were never secret; the Washington Post, CNN, Politico, Huffington Post, Newsweek, and others documented the ploy, all giving complimentary details of the John and Monica Conyers/Carl Levin-led campaign to get people to vote “uncommitted” for Barack Obama.  They needn’t have bothered; it was on my.barackobama.com, now Organizing for America:

A group of several hundred Michigan voters plan to knock on doors, make calls and hold rallies for a rather unconventional candidate in next Tuesday’s primary — “Uncommitted.”

The only way that backers of Illinois Sen. Barack Obama, former North Carolina Sen. John Edwards or New Mexico Gov. Bill Richardson, who withdrew their names from Michigan’s Democratic primary ballot, can show their support is to vote “uncommitted.”

Detroiters for Uncommitted Voters, most of whom say they are supporting Obama, want to make sure that people don’t avoid the polls Tuesday because their favorite candidate isn’t on the ballot.

“We really want to educate people on what they should do,” former Wayne County Commissioner Edna Bell said. “If Michigan voters want change, the uncommitted vote is their way to make their voices heard.”

He cheated.  So, it’s no surprise that one of his followers is doing the same thing.  The only surprise is that so many people seem so surprised how things are turning out.

Vodpod videos no longer available.

Updated from an earlier post at Cinie’s World

*I noticed my own glaring omission in not noting that The Confluence as well as all the individual posters here with their own sites have been diligent in chronicling and documenting all aspects of Obafraud.  My apologies for the slight, it was unintended.

39 Responses

  1. We need to keep reminding people that Uh-bama didn’t win, he cheated.

  2. I’m trying, myiq, I’m trying.

  3. I could hsve put up with the uncommitted, I suppose. The thing that truly frosted me was the reassignment of 4 of HRC’s delegates due to “exit polls”. Let me remember that next election, to tell the exit pollers who I would have voted for, had they only run!

  4. Not me, chatblu. He campaigned for “uncommitted” votes, then turned around and used them to his advantage, complicit with the DNC. He cheated. They screwed Hillary and her supporters and the country and system at large. Can’t put up with that. And, that’s just one example.

  5. Cinie, I’m one of those 0.5 voters from FL.

  6. Yeh, Chatblu, but he was prohibited from using that particular ploy in Florida. He voluntarily took his name off the ballot in Michigan, which is more than just saying so, he had to file papers. So, it was an affirmative action, shall we say, which, to me, expressed his clear intention not to participate or benefit from the results. He shouldn’t have gotten a single delegate from Michigan, imo. In Florida, everybody got the delegates they earned cut in half, right?

  7. The RBC played with the delegate count to give Obama a narrow lead in “pledged” delegates.

    Hillary finished with more votes. If she had finished with more pledged delegates as well the theft of the nomination would have been too obvious.

  8. In Florida, everybody got the delegates they earned cut in half, right?

    And since Hillary won more, she lost more.

  9. Roolz is roolz, right?

  10. myiq2xu, on February 7th, 2009 at 6:44 pm Said:

    Bingo. Coins raining down on myiq. Ding! Ding! Ding!

    And we do have to keep remarking on the fraud, just like we have to keep reminding people that Bush stole an election Florida, and that no, Nixon, is not ok just because while he was undermining the Constitution he did some good things.

    I haven’t figured out where to archive The Denver Group materials yet. Any thoughts on that?

  11. myiq: Correct, The more she won, the more she lost. Paradoxic.

  12. The Shrill One’s latest blog post. Ruh-roh:

    What the centrists have wrought

    I’m still working on the numbers, but I’ve gotten a fair number of requests for comment on the Senate version of the stimulus.

    The short answer: to appease the centrists, a plan that was already too small and too focused on ineffective tax cuts has been made significantly smaller, and even more focused on tax cuts.

    According to the CBO’s estimates, we’re facing an output shortfall of almost 14% of GDP over the next two years, or around $2 trillion. Others, such as Goldman Sachs, are even more pessimistic. So the original $800 billion plan was too small, especially because a substantial share consisted of tax cuts that probably would have added little to demand. The plan should have been at least 50% larger.

    Now the centrists have shaved off $86 billion in spending — much of it among the most effective and most needed parts of the plan. In particular, aid to state governments, which are in desperate straits, is both fast — because it prevents spending cuts rather than having to start up new projects — and effective, because it would in fact be spent; plus state and local governments are cutting back on essentials, so the social value of this spending would be high. But in the name of mighty centrism, $40 billion of that aid has been cut out.

    My first cut says that the changes to the Senate bill will ensure that we have at least 600,000 fewer Americans employed over the next two years.

    The real question now is whether Obama will be able to come back for more once it’s clear that the plan is way inadequate. My guess is no. This is really, really bad.

  13. Cinie: I have to run but again, your posts are terrific!

  14. Pretender President.

    I like that, suits him to a T. I’ve been using O to refer to him, because if I can’t bear to hear his name, sure as hell can’t say it myself.

    But still, don’t even like the word President to be associated with him! *g*

    Thanks, Cinie, great article.

  15. Ding! Ding! Ding!

    I would have been unhappy with what the RBC did no matter who “won.”

    If the superdelegates wanted Obama they should have bit the bullet and swung the nomination to him even though Hillary had the lead in votes and delegates.

    They were going to decide the nomination anyway.

    What’s the point in holding primaries if the “winner” has already been chosen?

  16. Myiq, how would that have looked when they spent so much time railing against the implications of “backroom deals” and “stolen elections?” White people might have rioted, you know.

  17. chatblu, on February 7th, 2009 at 6:34 pm Said:

    I could hsve put up with the uncommitted, I suppose. The thing that truly frosted me was the reassignment of 4 of HRC’s delegates due to “exit polls”.

    It was then that I realized the fix was in and how much they hated her. Nothing says I hate you more than having your delegates stolen and given to your opponent who wasn’t on the ballot. How does one justify that?

  18. White people might have rioted, you know.

    “Officer, they’re looting the Starbucks!”

  19. Downticket, didn’t we already know the fix was in before the RBC? The deliberate turning Bill and Hillary into the r-words was what tipped me off. “Wake up and get it,” did it for me. By the time the RBC made Obie quit his church in return for Hillary’s delegates, I was through with Democrats for good.

  20. Myiq, it seems pretty slow and I gotta step out for a few. Can you troll smack for me for a while?

  21. I, too, remember and will never forget sitting in the Wardman Hotel meeting room and listening to the hollow and sickening words of Robert Wexler, FL, my rep and almost fell down the stairs. I never expected it.

    Thank God for Bill Nelson, Sen, FL, for a little support and Ickles..

    The behavior of the committee members and leaders of the Democratic Party were beyond anything I would have ever imagined at an open meeting of Democrats.

    I do not look at a politician without revulsion. I am waiting until it all crashes and burns.

  22. “Cinie”
    I was on the bus with my fellow NYers when we heard Obama:
    “Quit his Church”; we all knew for sure then it was O-V-E-R!!
    I believe the “RBC” public meeting came about @ 1st “just-in-case” Hillary “WON” Indiana “BIG” & was “close” / or by some miracle “WON” NC!!!!!
    They would have used that meeting to justify the nomination going to her. Remember it was set up just before the last primary….”PR”! Where she had an easy win.
    So, Obama cheated in GARY IN & on early voting in NC to “finish her off”. I was in NC he did not win by that much (if @ all). “Under reported”; early voting difference between the “2”, Obama was up by 250,000 votes. Exiting that day he won by approx. 250,000 votes. That means “on that day voting “SHE TIED OR MAYBE WON”! People DID CARE about Rev. Wright.
    The final “pay for playing” the powers that be wanted from him was…..”DUMP THE CHURCH”!
    Notice the contempt in his voice @ the announcement.
    He has barely been back to Church. Except for telling “AA Father’s everything they do wrong” & a “White House Pray Service”.

  23. Cinie I just love it when Lady Justice speaks her outrage through you …you are at your very best with these types of posts … brava!

  24. I’m here, Cinie. You guys missed one..he’s banned now though.

  25. Cinie, on February 7th, 2009 at 7:24 pm

    I just didn’t want to believe that they would do something like that. I guess I believed in fairness. But that was the day when it finally hit me. They really hated her that much.

  26. you know that rioting meme always killed me … if you go to all the like WTO meetings, all the rioters are cheeto type suburban white teenage boys … they swim in so much largess of their parents they can afford time to march in the streets with faux outrage

  27. well, the texas caucus fraud is what really got to me … cameras right in the room filming obama supporters leaving the rooms with packets and coming back in, and shuffling the elderly hillary voters off to rooms where they wouldn’t be allowed to participate …

    i knew from gut feeling that dubya cheated in a lot of places, but it was so damned slick you couldn’t catch it, but the obama folks’ cheating was on film and no one did anything about it …

  28. New thread up

  29. You guys missed one..he’s banned now though.

    The one who said we were all insane? I took it as a compliment.

  30. Thanks, Cinie, another great post!!!

  31. That Wickipedia piece on the primary process is full of stinking sh*t.

    Written by ‘bots, obviously. Scary.

  32. In all FAIRNESS this post in its entirety should be tattooed on the bodies in sensitive areas of the people in the DNC who “voted” for the out come with which we now live …. on that saturday …

    That saturday that left me hoarse screaming at my television

  33. I’m seeing a smidge of irony in the realization to some that pushed for “uncommitted” in MI that they unfortunately got what they voted for, President Obama surely does seem uncommitted.

  34. Great post cinie!!

    I read somewhere that initially the Obama campaign did not want to pay the artist for his work. They expected his graphic contributions to be Free for the Cause.
    He insisted and eventually they paid him. I am certain that they’ll now throw him under the bus-pity cuz he does have talent (for propaganda).

  35. Sorry…I must repeat. I didn’t vote for Bush…didn’t like Bush…but Bush is going to look like a boyscout aside of this ass. The” voice” does not seem to know which direction to go. If obama is not giving what he calls a speech..he has nothing to offer.

  36. Speaking of the artist:

    Shepard Fairey, the controversial street artist riding a roller coaster of publicity with his red, white, and blue posters of President Obama, was arrested last night on his way to deejay an event kicking off his exhibition at the Institute of Contemporary Art.

  37. myiq, The article says Shepard Fairey said he was arrested at least 14 times.

  38. The Associated Press says that the most annoyingly ubiquitous piece of Obama pseudo-art in the whole, entire freaking universe and beyond, and then ten paces beyond that, Shep Fairey’s “Hope-A-Dope” horror movie-colored Warhol Soup Can ripoff (can you tell I don’t like it?) infringes their copyright.

    Cinie — you deserve some kind of award for that sentence right there! LOL

    Great post.

  39. Cinie, great post. I am still angry about the primaries in Michigan and Florida, too.

    The poster is a derivative work of AP’s photo and is likely a copyright infringement. Mr. Fairey appears to have used too much of the photo for fair use to apply. The other factors would seem to weigh against him, too. He should have asked permission.


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