(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”.
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I think the Obama photo flap is one of perfect timing!
Clearly, our government is shifting it’s mindset concerning legalization of Cannabis.
California’s vote this November will be far reaching and incredibly tell-tale.
WE want to be the leading state with normalization and legalization.
Right wingers beware of what you ask for. You are getting it! You happy?
I’m thrilled, stoned, and looking forward to progress with legalization and equal rights for all!