Date: 2009-02-12 03:10 pm (UTC)
It has been my understanding that an artist may use a copyrighted image if he/she transforms it by 30% or more. I'm not sure how they determine percentages exactly, but it seems to me that his Obama image is fairly different from the photo in terms of coloration, the addition of background motifs and so on.

An opposing response to Vallen's article on Fairey, in case you haven't seen it yet:

http://www.supertouchart.com/2009/02/02/editorial-the-medium-is-the-message-shepard-fairey-and-the-art-of-appropriation/

I'm not heavily invested in this issue, but my sympathies tilt toward more freedom for artists to transform copyrighted images, because I've done so myself in icons and pieces I've made for myself and friends.
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