Picture found on fotopedia on Creative Commons.org
I was shocked to see so many film makers and artists rejoice over the best practices for fair use document. I think this shows that even the creators themselves understand the idea of building on the ideas of others and using pieces already created to express yourself today and in the future. The answer to a win-win solution might just be this document. The fair use document protects the creator yet allows the work to be used in a way that opens creative avenues (Caggiano, 2009). This document appears to me to be the common ground for which many people are looking.
I do think you have to take a side. But is it that simple? For example the artist Shepard Fairey who created the Obama Hope poster probably feels his work should not be used without his permission or without payment, yet he took credit for someone else's photograph. However he lied when questioned. He also promoted himself as an artist, yet when it came down to it he used another person's photo, lied, and then settled when he was sued. Is that taking a side or just mudding the water even more?
Youtube video: Eyes on the Fair Use of The Prize directed and produced by Jacob Caggiano, http://www.youtube.com/watch?v=0r0pM1hJGU8retrieved on 7/18/2009

I heard from the professional photographer, Scott Bourne, whom I contacted when the case was originally filed, and he was disappointed that it was settled out of court because he felt that it might have set a ruling that would have cleared things up in the line between what graphic artists do to re-imagine previous works and when one is just copying someone else's photograph or work. I think the only ones happy with the out of court settlement are the lawyers getting paid, AP and Fairey.
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