Shepard Fairey use a photo taken by journalist Mannie Garcia and all I did was change the colors in photoshop and say that was his and sell it and cover it to say that it fallsunder fair use.
The nations oldest and largest operating news-gathering organization sought unspecific damages from fairey, who the wire service accuses of misappropriatting a 2006photo of Obama when he was a senator from Illinois.
Fairey has acknowledged his popular hope image was based on the picture taken by Mannie Garcia.
But fairey said in his suit that hisrendition transformed the photo into a stunning abstracted and idealized visual image that creates powerful new meaning and conveys a radically different message.
There are many casesof use of photographs and modifying them according to the laws at the time your modify something else even if you change one letter and color the melody or something and you can arguethat belongs to you and can not be demand.
For example the case of Obama we are seeing in many cases becomes important is not whether or not we realize it or simply do not know which arethe laws on copyright.
Also have to consider that many people who break the law makes it a business thinking and using the art work of others such as people who download songs onlineand create albums and put on sale on the street a much lower price than the originals.
The case of the photograph of Obama still not been resolved but I think Shepard Fairey is guiltybecause the only thing that really made the photograph was put in another color and just do business with it, the shirts. buttons and all sorts of things.
In the future if somethingsimilar were to happen would be a good idea that the laws were a little more clear on copyright so that nobody can use someone else's artwork and just modify it a bit and say it's yours.