Comments on: The Pinewood Antler Club

By: Jon Roemer

Jon Roemer — Wed, 22 Jul 2009 12:02:05 +0000

Thanks Mark.
I’m leaning toward the t/s one, too. That building is from 1833 so nothing on it is 100% true. Beyond that, yeah, put the laptop on a table…
I like your site, especially the logging series. Some of those images look like Emmet Gowin’s or Frank Gohlke’s photos of the destruction after Mt. St. Helens.

By: Mark

Mark — Wed, 22 Jul 2009 05:24:21 +0000

I like the tilted one :) well…. they both seem tilted (maybe correct the horizon, or I’ll have to set my laptop down on a table). But the image with the tilt effect applied seems to isolate your subject quite nicely.
Either way, I think both are superb.

By: Jon Roemer

Jon Roemer — Wed, 15 Jul 2009 19:27:03 +0000

Here’s an interview with Garcia:
http://photobusinessforum.blogspot.com/2009/02/10-questions-for-mannie-garcia.html
“5) In the future, artwork carrying your signature along with that of Fairey could be very valuable. What are your thoughts on this? Any plans?
I realize, based upon conversations I’ve had with people at the AP and Danziger studio, that the photograph that I made of then Junior Senator from Illinois Barack Obama, that it has significant value with my signature. Now, monies – monies that might be made by me signing my photograph. I am concerned, that the image out there – I would like very much to figure out a way that my signature on a photograph that I made of then Senator now President Obama, that maybe the monies – most of it – could be donated to the American Red Cross, children’s cancer research, and women’s breast cancer research. This is not about me making money off this, it’s about recognition. I made the most iconic image of our time, and I’d like it to make a difference, not make me money. I’m a blue collar photographer – I am out there on the grind every day. I spend more energy looking for work than doing work. I just want Shepard Fairey to say “alright, you’re the guy. Thank you.”"

By: Jon Roemer

Jon Roemer — Wed, 15 Jul 2009 19:11:24 +0000

From the sounds of it Mannie Garcia (the photographer) owns the copyright to the photo. He was never a full-time employee of the AP so unless he signed his rights away then the copyright is his. The law is very clear on this.
AP’s claim sounds like a huge reach and they have yet to produce any paperwork. In the absence of any paperwork there’s no question that the ownership would be in Garcia’s favor. For a court to rule otherwise would overturn the Copyright Act – that’s not likely to happen.
Some more info:
http://www.aphotoeditor.com/2009/07/13/mannie-garcia-seeks-intervention-in-ap-v-shepard-fairey/#comments
Beyond that is Fairey’s use of Garcia’s image “fair use?” I’m not sure but I could see it going either way.
From what I’ve read, though, from Garcia’s quotes, he’s never clamored to get in the way of Fairey’s use of the image. At least initially, all he wanted was official recognition of his image as the source material and a donation to be made to a charity.
I think he’s forced to sue the AP. If he doesn’t then it sets a precedent where any photographer who works for any one, for any length of time no matter how short, can have their copyright taken away.
In the best of all possible worlds this would be settled out of court between Fairey and Garcia. Garcia would get his credit, a charity would get some money, and all would be good with the world.
Fairey seems to have knack for legal issues that keep his name in the press. This was the case recently with his show in Boston. Same deal with seems to be happening regarding the Obama poster.

By: Christopher Ming Ryan

Christopher Ming Ryan — Wed, 15 Jul 2009 17:05:59 +0000

i like the straight version.
btw, where do you stand on the shepard fairey/ap/ freelance photographer debate?
http://artsbeat.blogs.nytimes.com/2009/07/14/obama-poster-photographer-says-he-owns-the-picture/
CMR