Obama “Yes We Cannabis” poster flap makes Wall St. Journal law blog
Wednesday, August 5th, 2009 at 2:18 pm | By: Radical Russ
(Wall Street Journal Law Blog) Fair-use cases are often a blogger’s dream, what with their angry celebrities, well-known (or at least visible) works of art, and strident accusations of theft.
But as much fun as J.D. Salinger, Woody Allen and J.K. Rowling have provided us over the months on the fair-use front, the following just might take the cake as Best Fair-Use Smackdown Ever.
But is it “adulterated enough to comply with the fair use laws?” The standard, a copyright lawyer tells us, is whether there was a “transformative use.” And that doesn’t necessarily mean the image has to be transformed — an image can remain exactly the same and satisfy fair use if the picture is framed in a way that sends a message. In other words, its “use” is transformed. “For example, a Nancy Reagan picture on the poster would send a parodic message,” he says. “This one is a closer call.”
Well, I’m pretty sure taking the Obama image, putting a joint in his fingertips, centering it in a ’60s-acid-rock-style poster, and lampooning his signature campaign phrase “Yes We Can” is pretty transformative. Especially considering the context of his famous cop to using marijuana “frequently” in his youth, his recent online polls where legalizing marijuana was chosen by the public as a top political concern, and his subsequent chuckling brush-off of the “online audience”.
Topics: Barack Obama, Lisa Jack, NORML CON 2009, President Obama, Wall Street Journal, Yes We Cannabis
