A lot of people seem to be under the false impression that Fairey created his Obama poster simply by running AP's photograph through some Photoshop filters. That impression was created, in part, by this web page. In truth, you can't make a Fairey by using that site's engine. Simple Photoshop tricks won't do the job. Neither did Fairey make the image by running the photo through the LiveTrace function in Adobe Illustrator, which automatically translates images into vector art.
No, he made the thing the old-fashioned way -- by drawing.
I'd like to know precisely how he drew it. One possibility is that he hand-vectorized over a copy of the AP photo. Creating vector art by hand (even using a photo as a basis) is no easy thing, and the result is, in my view, an original work. If you want to see examples of how such pieces are created, check out the videos here and here and here.
(Trust me: There was a photo beneath the truck painting; the artist hid it for the video. If you are unclear on the difference between vector and raster art, go here.)
Why would one vectorize a photo? Lots of reasons. Vector art is infinitely scalable. More importantly, the results do not look like raster imagery. Vectorization translates a shadow or highligh into an area marked by a hard boundary. That area can then be manipulated. A vector image is thus inherently more abstract.
Fairey probably created his underlying drawing the old-school way, by actually moving a pencil over a sheet of paper. That's how I would have done it.
There is no denying that Fairey has made a habit of "appropriating" and "recontextualizing" already-existent graphic images, as Mark Vallen demonstrates. Actually, "recontextualizing" is one of those godawful lit-crit terms; pros prefer to use the word "swiping." As Jules Feiffer once said, good swiping is an art in itself.
The Obama poster is an indirect swipe, not a direct one. That is to say, it is not a tracing. Fairey clearly used the photo for reference, but he did his own drawing, as you can easily tell if you conduct a point-by-point comparison -- look closely, for example, at the ears. Using Photoshop, I laid the original over the Fairey, and found that -- in this instance -- the artwork does not fully match up to photo. (Unfortunately, I would need to make an animation in order to demonstrate the point.)
Let me tell you a secret. Pretty much every illustrator who has had to create a realistic image of a public figure has used photographic reference. That has been the case since the dawn of photography.
A long time ago, I was a student of Nancy Ohanian, who is perhaps best-known for the work she did for the Los Angeles Times Opinion section. She's one of the greatest pen-and-ink artists who ever lived. (I got my first paying gigs doing crummy imitations of her style.) I invite you to visit her site and click on the 1973-1989 work. The online samples do not give you a true indication of the insane level of detail that went into that work, some of which I had the honor of seeing in the original. I wish to hell she would publish a full-sized reproduction of just one of her drawings from that period online, because any of her major pieces offers a master class in cross hatching.
(Incidentally, she used a rapidograph. I hate rapidographs; they clog too often. When I mimicked her, I used a crow-quill.)
It's fair to bet that there was once a photograph behind every one of those face shots. Her Jackie Kennedy, for example, obviously came from a very famous photo. She told the class that her first task after receiving an assignment was to speed off to the library in order to find photo reference.
Nancy certainly had the ability to draw an excellent likeness from life; I've seen her do it, and she taught others how to do it. Every artist would love to have someone like Nixon or JFK pose for an hour or three, but the celebrated rarely can accommodate the lowly pencil-pusher working under deadline. (And you can't draw dead people from life, with the exception of St. Bernadette.) Thus, of necessity, she used photographs.
But she changed everything. She didn't trace; she translated -- using thousands of tiny hatch-marks to imbue the work with an energy and sense of design which simply did not exist in the photos.
If you could find the original photograph behind her Nixon illustration, you would understand that all she took were the basic shapes. The photo will not display those elements which make the drawing endlessly interesting, such as the beautiful interplay of pure white and shaded areas in his cheek, or the subtle curves in the skin beneath the nostril. That's what an artist brings.
Call this piece a mere tracing and I'll dig out my old crow-quill and stab you in the eye.
(Incidentally, although Nancy did a lot of political artwork, she wasn't a political animal. Once, when she got an assignment to do a picture of Menachem Begin, she asked the class: "He's not the one with the eye-patch, is he...?")
Bottom line: I can't think of a way to condemn Shep without also condemning Nancy Ohanian and hundreds of other illustrators. It's hard to make the lay person understand that, in most cases, the least interesting aspect of a piece of figurative art is the contour drawing -- the outlines of the basic shapes. (Contour drawing is what you see in a newly-purchased coloring book.) The magic happens when you render, when you imbue the most basic forms with color, texture, gradation, contrast. Square millimeter by square millimeter, the artist decides what to leave out, what to put in, what to emphasize, what to subdue. He transforms. He makes the thing snap and flicker and punch and sing.
As for AP -- I agree with this writer. Their policies are nuts. Also, it appears that the guy who took the actual photo now claims that he never assigned his rights to AP.
Update: A short while ago, I became infuriated at the comments offered by a dolt over on Pajamas media. Said dolt pretended to know how Photoshop artists operate, despite a lack of hands-on experience with the program. Here's what he said:
“By contrast, the transformation of Obama’s image in Shephard Fairey’s poster is something that most likely took twenty steps or fewer in PS to accomplish. There is a filter that will do the red, white & blue coloring for you automatically, or any one of many other color combos. It’s not like Fairey sat down & meticulously used a tool to pick out the hair, ears & suit as one layer, then cut & pasted and filled them in blue; then repeated for the white & red & in-between layers, etc. The effect you see is 98% Photoshop, 2% Fairey’s pointing and clicking.”This is pure bullshit. You cannot accomplish the Fairey piece simply by adjusting filters.
Yes, he really did meticulously use "a tool" to pick out the hair and so forth.
If you think that filters can do the job automatically, then fire up Photoshop and educate us all as to how -- exactly -- one may accomplish the trick. If you don't know how to use the program, then SHUT THE FUCK UP.
The first thing you have to do is to translate the photograph (which, like all photographs, is made of continuous graded tones) into five discrete hard-edged area based on value. (If you don't know what the word "value" means in art, SHUT UP ABOUT ART FOREVER.) In Photoshop, one might attempt this by using the image/adjustments/posterize function or by using the filter/artistic/cutout function, with the levels set to 5.
After you have those five areas, you can adjust the colors to your heart's content.
The posterized version looked absolutely ghastly, so I'm not going to reproduce it here. (Feel free to try it at home.) Frankly, the "cutout" filter doesn't look much better. That filter offers three adjustment sliders, but none of them would get me anywhere near Fairey's piece.
Here are the results -- and please click to enlarge, because the reduced version may give a false impression. The simple "cutout" filter version is on the left and the Fairey is on the right.
That's as close as I could come to reproducing Fairey's work by applying filters to the photo. I think you will agree that the results look awful -- not at all like Fairey's piece. If you know of a way to get better results using filters and nothing but, please share your technique with the rest of the class.
Look, I don't much care for Shep and I don't enjoy having to come to his defense. But he drew this piece. He drew it. He drew each area. By hand.
There are lots of realistic illustrations depicting politicians on the net and in magazines and newspapers. You'll have a hard time finding one that does not have photographic reference at the back of it. If Fairey is guilty of copyright infringement, then so are thousands of other illustrators.
(Please note the word "realistic." I'm not referring to work that is cartoonish, abstracted, or highly expressionistic. I'm also not referring to official portraits for which the subject actually sat in front of the artist.)
22 comments:
Since it appears that you're not getting any comments on this posting, I thought I'd pipe up. You make an excellent point - and have done a nice job of demonstrating that this is a genuine work of art (even though I find the graphic irritating as hell).
G, thanks. Do you have any idea how annoying it is to defend a piece I hate by an artist I'm not crazy about?
That’s one thing I appreciate about you – the compulsion to seek/speak truth, regardless of where your personal preferences lie.
Joseph, I loved this post...saw it early this AM. I agreed even before I knew the extra details you provide and also link to.
My heart just sank for this guy. His lawyers dumped him...he lied out of desperation. Let anyone not facing prosecution cast the first stone! I think his motive, to idolize zerobama stinks, but I agree he's an artist and entitled to manipulate public figures. And, as it turns out, if he owes anyone it's the photog, not AP.
Thanks for this post.
What is the problem of using a photo for reference? It's just a starting point. The photo doesn't get you to a good drawing even if you trace it. You still need ALOT of skill to get a good drawing. This policy is nuts
Oh my lord! I just got my first new rapidograph in ages...yeah they clog, but they have a wonderful "bite" on the paper. It's almost like carving.
Well done, Mr. Cannon. I saw your comment on Deceiver and followed you here.
If we're going to go the route of trying to decide who owns that image of Obama - let's go all the way. Who really owns that image? Barack Obama. All the photographer did is snap a picture of a design (his face) that belonged to someone else. What's that you say? What about the framing and composition of the shot? Well then, didn't Fairey also frame and recompose an image that, ultimately, belongs to the owner of that face?
Too bad Fairey did not decide on that argument, choosing instead to alter evidence. Ugh.
I had the exact opposite impulse.
I was struck by the irony of Mr. fairy, a man who tried to lie to his own lawyers so he could lie to the court and lied to AP news and thus lie to millions of people in the public, as one of the crafters of the Obama message of a new kind of purer more trustworthy politics of hope and change.
As far as I'm concerned the story here is birds of a feather flock together.
Whether he is a talented liar, or just a liar, well...is that really important?
If you were in the trade, snowflake, you'd find this case -- and the precedent it will set -- VERY important.
Incidentally, my argument hasn't much to do with the question of whether Fairey has "talent." I'm saying that pretty much every illustrator who works in a realistic vein uses photo ref, as he did. I've also demonstrated that he did not simply "apply a few filters" -- as is thought by those who believe in the equation "computers = magic."
I could buy your argument on how the piece was possibly created (I say possibly because unless an eye witness can confirm how it was made your views are speculation)but the fact that Fairy lied about the original picture he "referenced" makes me highly suspicious.
If you are going to say that he made the thing simply by applying a few filters, then you really should provide a set of instructions as to how it was done. Because I say it can't be done that way, and I've been using Photoshop since it was first made available.
In other words, what really steams me here is something that goes beyond Fairey. It's the presumption that computers = magic. Only people who don't actually use the program make such statements.
As for WHICH photo he used -- I don't care. The over-riding principle is whether it is okay for an artist to use ANY photo as photo ref. If your answer is "no," then you are tossing out many decades' worth of illustration.
By the way, how come nobody is paying any attention to the photographer who says that he never assigned rights to AP? If he's telling the truth, then AP lied in court documents.
I work in this arena in the film business and in a slightly different context I am confronted with questions about rights all the time. Over time I've dealt with tens of lawyers and NONE of them would agree that Fairey has the right to that image whether he traced/re-drew it or not. The owner of that image is the photographer. Period. End of story. If that person signed his/her rights off to the AP then the owner is the AP. Fairey's "fair use" arguments are largely if not entirely without merit. No one can legally take an Ansel Adams photograph, redraw it, add color and call it a new work. Or a Hockney painting. Or a still from American Beauty.
The issue here is not artist V. journalist. It is real artists V. hacks.
SOMEONE made the photo of Obama that Fairey used. Whoever that is owns it. what Fairey is really claiming is that photojournalists are not worthy of protection. This is Warhol's fault - and the culture that elevated him to "artist".
Further the issue is not so much whether he -redrew or traced or whatever. He profited. Therein lies the rub.
As for Obama owning his likeness. He has no claim. Public political figures give up rights to their likenesses. Whereas you and I "own" our image. Obama does not.
Mr Anonymous -- and please don't be anonymous -- are you saying that Nancy Ohanian is a hack? The vast majority of people who know more about art than you do would STRONGLY disagree with you.
Take the work of Gabriel Moreno...
http://www.gabrielmoreno.com/
There are photos behind all of these images, and I very much doubt that Moreno had the rights to all of those photos. (He has done a lot of work for the LAT, and I know how that goes.) But -- hack-work? You would call that gorgeous stuff HACK work?
If you do, you're out of your fucking mind.
Again, people like you refuse to address the issue. You keep talking about Fairey. (Who may deserve to be called a hack, though for other reasons.) But this isn't just about him. Pretty much EVERY realistic artist who has drawn or painted a commercial illustration of a famous person has relied on photo ref, just as Fairey did and to the extent that Fairey did.
Are you saying that they are all hacks? Even the ones who win awards?
The problem is, people outside the field seem to think that all art is contour drawing. You don't understand anything beyond the contour, even though the contour is only the beginning.
All, or nearly all, pros use photos. That is a fact. The use of photo ref is encouraged in art school, even by instructors teaching life drawing classes. We're taught what to take from photos, to use them as a beginning, not as a crutch. Photo ref is openly discussed in magazines read by illustrators.
Artists take their own photos when they can. But you can't take your own photo when asked to do, say, a picture of Henry Kissinger. And you can't pay for the photo because the rights would cost more than the payment for the drawing.
Illustrators have to keep their reliance on photos a secret because people like you think that use of photo ref constitutes tracing and indicates a lack of ability to draw. It's just not true. If you don't know how to draw to begin with, no amount of photo ref will help you.
I mean, the Mona Lisa was probably made with the aid of a camera obscura. Hack work?
And yes, if you make a drawing using an Ansel Adams as photo ref, you HAVE created a new work. I bet Adams would agree. Granted, if you have simply recreated the photo, you've made a rather useless work. But if you bring something new to it -- interesting hatch work or some other new technique -- then you may have something worthwhile on your hands.
People like you often sneeringly refer to technique as "mere technique." No. No, no, NO. That's where the art lies. There is nothing "mere" about it. Technique IS art. Usually, the least important aspects of a drawing are subject matter and contour.
To my mind, the question isn't the specific technique used to create the poster - it's whether the poster constitutes "fair use". Too many people seem to operate under the assumption that photographs are somehow less entitled to copyright protection than other media. There's a standard for the creation of derivative works, and Mr. Fairey apparently didn't think he met it - or else he wouldn't have destroyed evidence and lied to his own attorneys.
Yes, he expended a lot of effort in infringing AP's copyright. Effort alone is not enough. If you typed out a copy of "The Old Man and the Sea" - or even produced a beautiful calligraphic version by hand - that would not give you the right to appropriate authorship and claim Hemingway's words as your own
original work.
The technique used to produce an infringing copy is immaterial. What matters is whether Fairey met the standards for "fair use". Unfortunately for him, his own conduct has undermined his case. He obviously believes that he plagiarized the photograph (otherwise he wouldn't have lied to his own attorneys) - why in the world should he expect the courts to hold him to a lower standard?
I'm fresh out of sympathy.
Sextus, I'm running out of patience.
What about my old teacher Nancy? What she did professionally for a number of years (granted, she has gone through several styles) was really no different.
What about Gabriel Moreno?
What about hundreds of other illustrators?
This isn't about Fairey. I don't give a crap about Shep. This is about the entire profession of illustration.
ADDRESS THE FUCKING ISSUE!
Address the fact that if you condemn Shpe, you condemn virtually every illustrator who has done realistic work for the past hundred years. When doing drawings of the celebrated, they ALL used photo ref -- and almost always did not have the permission of the original photographer.
We're talking hundreds, thousands of images.
Your "calligraphy" metaphor is silly. Here's a better metaphor: Taking a simple melody such as (say) the first five notes of "Twinkle Twinkle Little Star" and using that as a theme in a complex symphonic work.
That isn't plagiarism, and it would not be plagiarism even if "Twinkle" were still covered by copyright. And it certainly isn't hackwork. Five notes does not a symphony make.
http://www.chillingeffects.org/derivative/question.cgi?QuestionID=118
There is a balancing test that the work will be subjected to under the law and Mr. Fairy's natural rat like instinct was to try to cheat and tip the scales in his favor.
Typical Obamite.
My question is if this is supposed to be fair use how can you say it was used for criticism, commentary or reporting?
It is not criticism or reporting-is it commentary to colorize a picture?
What was the comment then? Obama is red white and blue? What is not fair use then-as long as you change a color the new artwork is fair use.
And shouldn't that be computers are magick?
Okay, Snowflake -- that's it. I am well and truly pissed off.
Once again:
ADDRESS THE FUCKING ISSUE!
Address the fact that if you condemn Shep, you condemn virtually every illustrator who has done realistic work for the past hundred years. When doing drawings of the celebrated, they ALL used photo ref -- and almost always did not have the permission of the original photographer.
We're talking hundreds, thousands of images.
This is not about Fairey, whom I don't much care for. This is about the entire trade of illustration. This is about my teachers, my colleagues, and myself.
From this point forward, I will print no further comments that do not address this issue. I don't care who you are. If you do not address that issue, then I will delete what you write.
If you do address the issue I will publish, even if your stance is in complete disagreement with mine.
Address the issue.
And if you are still not clear as to what the issue is, I will repeat this paragraph YET AGAIN:
Address the fact that if you condemn Shep, you condemn virtually every illustrator who has done realistic work for the past hundred years. When doing drawings of the celebrated, they ALL used photo ref -- and almost always did not have the permission of the original photographer.
If you are still unclear, keep re-reading that paragraph until it finally clicks into place.
And he did not simply "colorize" a picture, snowflake. For chrissakes. I explained it to you. I spent time I could not afford to spend creating a demonstration.
What he colored is a completely original done-by-hand DRAWING done from photo reference. Just like thousands of illustrators have done before.
Why is you so bothered that Shep did it? Why weren't you bothered when all those other illustrators used photo ref?
Why don't you ever address the comparison to my old instructor?
What the fuck is WRONG with you people?
Joe,
He probably had a reasonable case for "fair use" until he:
1) Lied to his lawyers
2) Lied to the court
3) Destroyed evidence
He's screwed himself over pretty well at this point. I still have no sympathy. The absolute worst thing you can do in any sort of legal proceeding is lie to your attorney.
By doing this, he prejudiced his own case (and the issues you're concerned about will have to wait another day).
He was stupid, and stupidity is, as Robert Heinlein once put it, "the *only* 'crime against nature'".
Allow me to take off my bloviator hat and put on my former professional photographer hat. If I take a photograph of a Joe Cannon illustration, can I claim it as original work? Does the amount of effort I put into this photograph make a difference to the answer? If I, for example, spend hours setting up lighting, photograph it with a large format camera, process the sheet film by hand, retouch the negative (the old-fashioned way), print it by hand (doubtless going through several test versions with a lot of dodging and burning-in to get the final result - even possibly making some alterations to processing chemistry along the way - does that somehow make it more "original" than if I shot it with a cheap digital camera and took the first print the kiosk at the local Walgreens spat out for me?
What about if I use an alternative process, like a cyanotype or an albumen print, which require me to physically make my own material - or for that matter even a platinum print. Does that make it original? What about if I use hand-made paper?
At which point is it "original"? Is originality proportional to effort, or proportional to amount of previously nonexistent content?
Is my handmade photograph (which quite possibly took as much time and effort to produce as your illustration, maybe more) less "original" than if the process had been reversed (i.e., if you made an illustration from a photograph)? Why?
Because of the *medium*???
Does this mean that a lithograph is less "artistic" than a watercolor? Or is the artistry (as opposed to the financial value) of a lithograph dependent on how many prints are made before you smash the stone?
If it's the medium that makes the difference, then does that mean that digitally-produced art can't be original? After all, a digital photograph and an illustration produced with digital tools in fact use the *same* medium, namely "bits". Is one "bit" more "artistic" than another? Is one deserving of copyright protection while another one isn't?
Would you feel the same way if Fairey had traced one of *your* illustrations to produce the poster, rather than an AP photograph?
I understand that, as an illustrator, the fewer restriction you have on creating derivative works the more you like it - but do you really think that photographs are less entitled to protection than your own work?
I guess my answer is-maybe.
Maybe all those illustrators did violate the copyright of the photographers.
The balancing test exists because there is no clear cut way to say if something is fair use or not without looking at the whole picture.
If you try to make this black and white you either gut copyright law, or you prevent people from creating derivative works and curb free expression.
So all I can say is-maybe-maybe they did violate the copyright of others when they used those pictures-but no one sued them so I guess we will never know.
Envisage a culture wherein money is not the ultimate arbiter of value, where optimism prevails over pessimism.
Why is this problem coming to a head at this particular time, and not 30-40 years ago? What forces have led us here, and how can we steer to a better course?
Why are our artists not engaged in dialog instead of court battles?
This smells like an issue of "Life, liberty and property" vs. one of "Life, liberty and the pursuit of happiness" to me.
Or -- Emmerich de Vattel, and his "The Law of Nations," and not John Locke's ugly, idiotic scribblings.
Is art maybe not the physical product, but rather a force of mind?
Give me the Judge who will say, "Fuck you. Get this idiocy out of my courtroom! And by the way, that is really ugly, and this is a work of art."
Anyone could do this. Would take me a long time, but someone experienced in illustrator could do it in 2 or 3 hours. The outlines are created and adjusted for each layer. This is a common procedure. But the person had good color sense. Obviously knew what they were doing. But by no means was this drawn by hand. Drawn by hand means original work. Those outlines are not original. They are definitely based on the ref. But I agree that the overall work is original, if only by the slimmest of margins. Is this copyright infringement? Most artists will say no because it would remove the ability to use reference work. But in every other field, if you use a reference, you must pay for it. So pick your poison. The answer isn't as clear as you'd like it to be.
Mr X, I'm going to call you on this.
Can the Fairey work be created without drawing? You say it can be done by adjusting layers, but that it would take "2-3 hours."
Tell me how.
I am far, far more conversant with Photoshop than Illustrator, but I know enough about the latter program to be able to follow and replicate the steps you outline.
Besides, I don't see the need to take two or three hours. You can just do a drawing in less than 40 minutes.
By the way, in answer to the guy who asked about taking a photo of one of my own works and calling the photo original...
If you've just done a head-on shot of the artwork (as used to be done all the time for purposes of reproduction), then you've merely reproduced. That isn't art.
If you've taken a photo of a piece hanging on a wall -- a gallery shot -- then your photo is original and I have no claim to it, even if my work is an element within it. I mean, the cinematographer for the film version of "The DaVinci Code" didn't "plagiarize" the paintings in the Louvre when he included them in various shots.
If you take one of my work and manage to change it in some creative way -- hopefully in a way that takes time, effort, and thought -- COOL! You've produced something new. It's yours. Bravo.
Post a Comment