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Forum (Forum & Focus)

Feb. 21, 2009

Fair Use and Fairey

We will be immeasurably poorer if artists like Shepard Fairey find their creativity stifled by outdated notions of the proper scope of copyright protection, writes Diane Klein.

FORUM COLUMN

By Diane Klein

"Every work of art is an uncommitted crime," remarked Theodor Adorno, a social philosopher of the Frankfurt School. Unfortunately, with today's understanding of U.S. copyright law, more and more works of art actually are crimes. The latest artwork to come under this threat is street artist Shepard Fairey's iconic image of Barack Obama, "Hope."

Fairey, formerly best known for the "Obey Giant" prints he an...

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