AP Sues Over Popular Obama Poster

Fair use is a legal concept that allows persons to retrieve copyrighted work for a limited purpose, usually not pecuniary in nature. It can often be applied to images and photographs or original designs. If you created something, you want to be able to keep it.

Well, one of the most popular pictures in the world this past year has been the Warholesque image of Barack Obama looking skyward, which was displayed on buttons, posters, and websites. I have it here. This is fair use. It is tied in to this article and is being used for a limited purpose.

Well, the Obama poster went worldwide and Shepherd Fairey, the Los Angeles based street artist who designed it has apparently made hundreds of thousands of dollars for his creation. Signed copies of his poster are going for thousands on E Bay.

Enter now the Associated Press. Their minions have determined that the photograph used in the poster is an AP photo. They claim the copyright, and now they want credit, compensation and residuals.

The AP essentially is saying the use went beyond fair use. Fairey hopes otherwise, but he has admitted that the design evolves out of a 2006 photograph taken by AP assignment reporter Mannie Garcia. He wants his cut. So does AP. After all, they bought the photo from him. It’s big money, so everyone wants their pound of flesh.

And this ladies and gentlemen, is how lawsuits are made. At least here everyone is talking about how they would like to settle.

Now here is an update to this story we never anticipated- Mr. Fairey has just been arrested, this 9th day of February----------
WCVB-TV in Boston has reported that Shepard Fairey was charged with damage to property for having painted two area locations with graffiti. Boston police said he had painted his "Andre The Giant" graffiti near an entrance to the Massachusetts Turpike and the Boston University bridge across the Charles River. It is public art for free; they should have been grateful :-)

Editorial Cartoon of the Day

Steve Sack has been the staff editorial cartoonist for the Minneapolis Star Tribune since 1981. He has won assorted local and national cartooning awards, and has once been named a finalist for the Pulitzer Prize.

Today he injects a dose of reality into the oxycontin monster, who somehow skated jail consuming and abusing painkillers he took for himself whilst inflicting pain upon others.
A poster child for the disparities of South Florida justice.

Best Inaugural Jokes

"The Senate has confirmed Hillary Clinton as Secretary of State. That means Hillary will be fourth in line for the presidency after the vice president, speaker of the house, and president pro tempore of the Senate. Which means they're going to need extra security to protect the vice president, speaker of the house, and president pro tempore of the Senate." --Jay Leno

Runner-Up

"The new season of 'Lost' kicked off tonight. If you haven't seen it, 'Lost' is about a group of desperate people out of touch with the world. It's based on the true story of the Republican Party." --Craig Ferguson

Third Place

Barack Obama is in the latest issue of the 'Spider-Man' comics. That's when you know you're big, when you're in 'Spider-Man' comics. The story is about how Spider-Man stops bad guys from ruining Barack's inauguration. And psychologists believe this comic book was actually very handy in helping President Bush understand the transition." --Jay Leno

Do-Over on Presidential Oath

After the flub heard around the world, President Barack Obama has taken the oath of office. Again. Chief Justice John Roberts delivered the oath to Obama on Wednesday night at the White House — a rare do-over. The surprise moment came in response to Tuesday's much-noticed stumble, when Roberts got the words of the oath a little off, which prompted Obama to do so, too.

Don't worry, the White House says: Obama has still been president since noon on Inauguration Day.

Nevertheless, Obama and Roberts went through the drill again out of what White House counsel Greg Craig called "an abundance of caution."

This time, the scene was the White House Map Room in front of a small group of reporters, not the Capitol platform before the whole watching world.

"We decided that because it was so much fun ...," Obama joked to reporters who followed press secretary Robert Gibbs into the room. No TV camera crews or news photographers were allowed in. A few of Obama's closest aides were there, along with a White House photographer.

Roberts put on his black robe.

"Are you ready to take the oath?" he said.

"Yes, I am," Obama said. "And we're going to do it very slowly."

A number of constitutional experts had suggested doing the oath again, in an abundance of caution. Guess the Oval Office heard their cry.

First Presidential Flub

Barack Obama was so anxious to take the oath of office that he may have totally thrown the Chief Justice off course and between the two of them, they flubbed their lines.

The Constitution prescribes the text: "I do solemnly swear that I will faithfully execute the office of President of the United States and will to best of my ability preserve, protect, and defend the Constitution of the United States."

But Chief Justice John Roberts, using no notes, missed his lines, and President Obama knew it.

First, Obama jumped in before the "do solemnly swear" phrase, which seemed to throw the chief justice off his stride. Roberts rendered the next phrase as "that I will execute the office of President to the United States faithfully."

"That I will execute," Obama repeated, then paused like a school teacher prompting his student with a slight nod. Roberts took another shot at it: "The off ... faithfully the pres ... the office of President of the United States."

First Flub: Obama.

Roberts proceeds with the swearing in and Obama jumps the gun before Roberts gets done.

Second Flub: Roberts.
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The transcript courtesy of MSNBC.com:
ROBERTS: I, Barack Hussein Obama...
OBAMA: I, Barack...
ROBERTS: ... do solemnly swear...
OBAMA: I, Barack Hussein Obama, do solemnly swear...
ROBERTS: ... that I will execute the office of president to the United States faithfully...
OBAMA: ... that I will execute...
ROBERTS: ... faithfully the office of president of the United States...
OBAMA: ... the office of president of the United States faithfully...
ROBERTS: ... and will to the best of my ability...
OBAMA: ... and will to the best of my ability...
ROBERTS: ... preserve, protect and defend the Constitution of the United States.
OBAMA: ... preserve, protect and defend the Constitution of the United States.
ROBERTS: So help you God?
OBAMA: So help me God.
ROBERTS: Congratulations, Mr. President.