Shepard Fairey: Hero or Hypocrite?

[NOTE: Update at bottom of the post.]

This week, the Pittsburgh City Paper reports that now-legendary street artist Shepard Fairey -- he of the Obama "HOPE" poster -- is suing local graphic designer Larkin Werner over the use of the word "OBEY" in association with Werner's own indie art project, Steelerbaby.

In a nutshell, one of many designs for Steelerbaby merchandise says, simply, "Obey Steelerbaby." Fairey's lawyers claim the use of the word "Obey" is trademark infringement, because Fairey himself first became famous for a series of street art featuring an image of Andre the Giant (remember him?) and the word "OBEY" -- which he then evidently trademarked at some point over the past 20 years.

The ironies, hypocrisies and questions raised by this story are numerous, including:

* Fairey was originally sued by the WWF (now WWE) for his copyright-infringing Andre the Giant images in the first place. But who really "owns" an image? And if that image is of a person, doesn't that person have the final say over where his or her image is allowed to be used?

* Fairey has been under fire from the Associated Press, who claim his Obama "HOPE" image is a blatant infringement on a photo they own the rights to. Fairey's response is that the "HOPE" poster is a derivative work, which means he has the right to use the original image as a basis for something new. If that's his defense against the AP, why wouldn't it also apply in Steelerbaby's case?

* Larkin has yet to be sued by the Pittsburgh Steelers (or the Kewpie doll company), either of which would probably have a much better reason for doing so than a corporation founded by a fellow "street artist."

* Can you realistically trademark a commonly used word?

* At what point does an artist cease to be "street" and transition to becoming "corporate"? (Is it when your work is installed in The National Portrait Gallery? Or is it when you countersue the AP?)

* Am I the only person who thinks now is a great time to push for wider adoption of Creative Commons licenses, as opposed to copyrights and trademarks?

What do YOU think? (Because we already know what Gawker and Steelerbaby think...)

UPDATE (March 23, 2009): It seems Shepard Fairey dropped the lawsuit against Steelerbaby.

Obama Won't Get You Laid

Now that the afterglow of an Obama election victory has worn off (because in these days of 24-hour news cycles, no emotion lasts for long), the question is this:

"Now what?"

While most of the world waits breathlessly to see whom Obama appoints to his cabinet, what kind of dog his kids will choose for a new pet and which brand of toilet paper he prefers in his executive suite, I'd like to turn your gaze away from the nonstop media roar and toward your nearest reflective surface and ask, again:

"Now what?"

Barack Obama will do some great things while he's in office. He'll also do some incredibly stupid things. He'll make choices that will endear him to some and piss off others, and he'll be involved in matters and actions both great and small.

But one thing he won't do is get you laid.

Because electing Barack Obama is no longer anyone's passion -- he's already elected. Now what do you do with all of the energy and effort that was catalyzed to help this moment occur? What do you do with all of your passion, your newfound interest in politics and your increased awareness of the needs and wants of the world?

What do YOU do?

Because Barack Obama's a busy man. Sure, he's appreciative of all the work you did on his behalf, and he'll do his best to reward you by governing as fairly as his conscience dictates. But he doesn't have much time to return the favor directly, by helping YOU achieve YOUR next goal -- you know, that one on your to-do list, right below the now-scratched-out entry that says "Get My Free Starbucks."

So...

What do you WANT to do?

What do you NEED to do?

Go do it.

Because history will judge Barack Obama, but history's a long way off. In the meantime, you have bills to pay, relationships to tend to, and your own goals to achieve.

And now, after 2 years of wondering, waiting, hoping and working your ass off to help your candidate get elected, it's time to turn that energy back on your own life and solve your own problems. Overcome your own challenges. Move your own mountains.

Because America's first black president is an amazing story, but you've got a story of your own.

Start living it.