Fair use does not claim you have complete copyright in the new work. Fair use is situation specific. A use for a political poster is different then a use for a commercialy sold t-shirt. Fairey could take the most commercial, non-educational use possible and try to get in ruling on that use in hopes that all other uses would also be considered fair use.
I am not sure a court has ever made a ruling that a work is so transformative that it is always fair use. Parody might be the closest to authorizing all use of a specific work that i can think of and even there the current potential market of the actual use is considered. Brian Rowe Freedom for IP On Tue, Feb 10, 2009 at 4:03 PM, Rob Myers <[email protected]> wrote: > Matt Lee wrote: > > Is Fairey claiming full copyright over his finished work? > > That's what you can claim with Fair Use. > > > Maybe someone needs to make "fair use" of it and see how he feels then. > > As long as he doesn't go all JibJab. > > - Rob. > > > _______________________________________________ > Discuss mailing list > [email protected] > http://freeculture.org/cgi-bin/mailman/listinfo/discuss > > -- Brian Rowe 3L Seattle University (206) 335-8577 (Cell) Access To Justice Technology Principles www.ATJWeb.org Freedom for IP www.FreedomforIP.org Seattle Human Rights Network www.SeattleHumanRightsNetwork.org
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