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Thursday, August 6, 2009

Drugs Fair Use?

Posted by Dominic Holden on Thu, Aug 6, 2009 at 11:50 AM

3f03/1249585164-norml_poster_sm.jpg Can the US pot-smokers lobby take a photograph of Barack Obama smoking a cigarette, tweak it to make it appear as if he's smoking a joint, slap it on the poster for its annual conference, and call it fair use? Seattle-based Getty Images says no, and sent a cease and desist letter to the National Organization for the Reform of Marijuana Laws this morning (full disclosure: I'm a member of NORML's board). The Washington Post reported yesterday that the photographer, Lisa Jack, who took the photo circa 1980, is in a tizzy.

"They do not have my permission," Jack told the WaPo. These photos "are absolutely not to be used in this way. ... I really made a grand effort to do this properly, and I'm very irritated. If I'd wanted these to be used for political purposes, I'd have sold them to Hillary years ago."

a37c/1249584273-lisa_jack_obama.jpg But Keith Stroup, NORML's founder and legal counsel, says the poster is exempt from copyright laws because it qualifies as "parody and satire" of Jack's original photo (left). Today Stroup assembled a team of four attorneys with copyright expertise who will represent the nonprofit, which is preparing to send back a letter back to Getty Images stating that "our lawyers advise us that we are on firm ground in what we have done," he says. NORML may also ask a court for a declaratory judgment.

Regardless of how the case settles, the image (which is a little hippie dippy for my tastes) is getting more exposure than ever. "AOL is asking if they can run it on the front page," says Stroup. The group won't give permission, he says; however, "Once it's out there, they can report it as news."

Comments (22) RSS

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"yes we cannabis" is the best they could come up with?

Posted by Swearengen on August 6, 2009 at 12:08 PM

As long as the legalize-pot crowd continues to use their typical, hallucinogen/hippie art, no one will ever take them seriously.

Posted by Urgutha Forka on August 6, 2009 at 12:11 PM

I can't even read the bubblelicious word at the bottom. Maybe I'm not stoner enough for this poster?

Posted by lily on August 6, 2009 at 12:13 PM

Fucking Retards.
Way to turn the clock back.
And yes, I am high right now.

Posted by jnonymous on August 6, 2009 at 12:13 PM

Ironically, it's the NORML poster that stands up as parody... of a NORML poster.

Posted by Dougsf on August 6, 2009 at 12:14 PM

What Urgutha said... certainly there's some graphic design kid out there who smokes pot and can explain the concept of fonts to this organization?

Posted by Ackham on August 6, 2009 at 12:14 PM

End result of the merging between whackjob druggies with the birthers, teabaggers and town hall disruptors loons.

I hope Getty successfully sues their asses off.

Posted by Loveschild

on August 6, 2009 at 12:15 PM

At some point, can we move on from this lava lamp, Woodstock, hippie b.s. design aesthetic? Please? While I'd love to see pot legalized, I'd also like to see tie-dye, patchouli, blacklight mushroom posters and all other examples of hippie crap eradicated from the face of the earth.

Posted by Hernandez

on August 6, 2009 at 12:25 PM

Is that a COPYRIGHT symbol down there in the lower left corner?
hypocritical much?

Posted by onion on August 6, 2009 at 12:27 PM

@8, I can definitely get behind the eradication of patchouli. Yarf.

Posted by lily on August 6, 2009 at 12:29 PM

normally i'm VERY generous when it comes to definitions of fair use, but this is just outright theft...and, yes, design-wise this is an epic fail.

Posted by michael strangeways

on August 6, 2009 at 12:36 PM

Surely, more posters like this will convince state and federal legislators to legalize marijuana. Between NORML and High Times, I don't know who does more damage to their own cause.

Posted by The Amazing Jim

on August 6, 2009 at 12:44 PM

Parodies of public figures are always ok.

Just make him wear a giant flag hat and some cool glasses and you're fine.

Posted by Will in Seattle

on August 6, 2009 at 12:57 PM

2: As long as the legalize-pot crowd continues to use their typical, hallucinogen/hippie art, no one will ever take them seriously.

Seriously. I'm pretty far left, and pro-legalization, but this thing makes me want to get a buzz cut and turn a fire hose on some hippies. Newsflash to the legalization crowd: YOU NEED TO DISTANCE YOURSELVES FROM HIPPIE CULTURE.
(Dominic? You're on their board? Hello?)

Posted by feh on August 6, 2009 at 1:02 PM

Seeing as this poster is effectively advertising for the NORML conference I fail to see how they can claim they have a fair use case. I'm pretty sure that advertising doesn't fall under fair use, regardless of what you've done to the image. It's the same issue as when Shepard Fairey used that photo from the AP for his Obama "art." Further, as far as I can tell, it fails all 4 tests of fair use under US law, http://en.wikipedia.org/wiki/Fair_use#Fa…

Posted by pragmatic on August 6, 2009 at 1:16 PM

Whether or not it is technically legal, I totally side with the original photographer. I'm an artist too, and have had my work used like this without my approval, and it really pisses me off.

While I completely support NORML's general goals, they aren't doing themselves any good by pissing off artists (whether they can legally do it or not), and making posters that are completely illegible. Good Christ that's an ugly poster.

I'm beginning to think NORML is to pot smokers what PETA is to animal rights: well intended, but totally counterproductive.

Posted by Reverse Polarity on August 6, 2009 at 1:49 PM

@8, even bandanas and dirty bare feet?? :D

Posted by rob!

on August 6, 2009 at 1:56 PM

Starbucks makes use of material that nobody can claim a copyright or trademark for and this blog spends days trying to convince the world how evil they are, but it's cool if potheads steal a woman's work.

I think we can all agree that nobody who has ever read this blog even once before can be surprised by this.

Posted by whatevernevermind on August 6, 2009 at 2:31 PM

Whether or not it's fair, it's fucking cheesy.

Posted by seandr on August 6, 2009 at 2:52 PM

Shit like this is an excellent reason to not give NORML money.

Posted by Greg on August 6, 2009 at 3:54 PM

@11: There is precedent for this when used in parody. In Blanch v. Koons in 2005, it was ruled that the use of a fashion photograph in a collage commenting on the fashion industry was fair use.

Commercial character is only one of the four factors considered in a fair use case. So advertising could be fair use if the other factors are strong enough.

Posted by blueworld on August 6, 2009 at 10:45 PM

@18: I don't see anything in the Slog post (or even in the comments, really) suggesting approval of NORML's appropriation of the image (except that Dominic discloses that he's on the NORML board of directors, but it doesn't seem that he was involved in the choice to use the picture). Can you please point out the part of the post that says "it's cool if potheads steal a woman's work"?

Posted by Phiadria on August 7, 2009 at 9:57 AM