This week I think I let my stubbornness get the best of me when we had the class debate on whether the Obama Hope Portrait was fair use. I think my background makes me always want to be on the side of the artist, so even if I thought the court would look another way I still wanted to stick to my guns. There were definitly moments during the class debate that I thought about switching, but I didn’t want to concede at all or abandon my “team.”
However, while I aknowledge that under the court’s definition of fair use the Hope image could potentially not be allowed. On my own philisophical perspective, I think that it is wrong to say that the artist did not do enough to change the photograph. As I mentioned in class, Justice Kagen’s dissent in the Andy Warhol Supreme Court Case is something I think about a lot in these discussions of fair use. She explained how “Nothing comes from nothing, nothing ever could, So somewhere in the copyright statute, there must be an ‘escape valve’ to create something good.” I agree with this statement completely. Whether we are aware or not everything we create is somewhat inspired or based off of something else, similar to what Lethem argues. It is with this awareness that I think that any creative who slightly adjusts something already made should get a level of leeway.
I do aknowledge that it is wrong to straight up copy the work of someone else and not give them any sort of compensation or credit. However, I think that as long as an individual makes some sort of thoughtful adjustment or alteration they should be allowed to use this new sort of work. I think ultimatley a big part of this problem stems from the capitalist economy we live in and the fact we feel that everything should be approached with some level of just compensation. With this awareness, it makes sense why Fair use has become such a thing, but when I really think about it, I think it is better to let people create freely without fear of “stealing from someone else.”