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Just Getting Started

So this is my first blog, hopefully one of many to come on the law, life, and just about anything to comes to mind. I am lawyer, but don’t hold that against me, who generally enjoys my work (rare breed) and am looking forward to engaged conversation with other lawyers, clients, or simply those interested in the same topics I am. Here goes.

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Categories: Uncategorized
  1. lynn
    December 10, 2009 at 3:59 pm

    Congratulations, Kevin, on your first blog! I actually enjoyed reading it. But then, I am actually kind of interested in brand, copyright infringement, etc.

    It might be old news by now, but what was your opinion on the Obama HOPE poster created by the artist Fairey, based on the photo by an AP photographer? (see below, which I cut and pasted from an online article about this topic)…

    “Fairey’s wilful pattern and practice is to repeatedly copy the works of other artists and photographers,” AP said in its complaint. “While plaintiffs have attempted to cloak their actions in the guise of politics and art, there is no doubt that they are profiting handsomely from their misappropriation.”

    Fairey does not deny basing his poster on the photograph, but in a pre-emptive lawsuit last month he said that he used the picture “as a visual reference for a highly transformative purpose.”

    But the AP said that its photographer captured a “patriotic theme” that made it unique and that Fairey’s images “copy all the distinctive and unequivocally recognisable elements of the Obama photo in their entire detail, retaining the heart and essence of the AP’s photo”.

    It was also interesting that Pepsi changed it’s logo right around the time of the Obama campaign, and it looks a lot like his circular logo (See the long url below for a link to both logos…)

    More later,
    Lynn Watson

    (http://images.google.com/imgres?imgurl=http://api.ning.com/files/-xqAG4e7syaQZG3OfX3X6dGGuGpTvVNGb7qSB7C1Vf*7K3nS4fnIsrr*sGYGzEgj6TgHIroN7ZtlS2JBrtjEfMToU5UPNuQO/ObamaLogo.jpg&imgrefurl=http://www.thekmiecs.com/marketing/new-pepsi-logo-looks-like-obama-campaign-logo/&usg=__CfUzkQKurEu6m0kNcljTULbcF7w=&h=600&w=600&sz=35&hl=en&start=33&um=1&tbnid=a0zOipdabv1dYM:&tbnh=135&tbnw=135&prev=/images%3Fq%3Dpepsi%2Blogo%2Bhope%26ndsp%3D18%26hl%3Den%26sa%3DN%26start%3D18%26um%3D1)

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