At times it is helpful to review the definitions of words to clarify their meaning as it pertains to a current issue. Let us recall.
Plagiarism as defined by Merriam-Webster.
to steal and pass off (the ideas or words of another) as one’s own, use (another’s production) without crediting the source
to commit literary theft, present as new and original an idea or product derived from an existing source
Now let’s take a look at Shepard Fairey, the proud native South Carolina artist now Los Angeles based, responsible for transforming a poster of Barack Obama into one of the most commercially successful and identifiable images of Obama associated with the 2008 election. Posters, stickers, and T-shirts emblazoned with the image that was purposely designed to go viral on the internet continue as hot sellers. So much that the Smithsonian‘s National Portrait Gallery in Washington put Fairey’s portrait on permanent display.
Image courtesy of http://face2face.si.edu/my_weblog/2009/01/now-on-view-portrait-of-barack-obama-by-shepard-fairey.html.
Not too shoddy for an illustrator that started out on the urban skateboard scene, with Andre The Giant Has A Posse and Obey theme illustrations. The Rhode Island School of Design graduate has certainly arrived in the nation’s capitol, as well as the MOMA, Boston Institute of Contemporary Art, etc.
So why bring up the previous definition of plagiarism as it may relate to an artist whose work is displayed by this country’s finest museums?
The Associated Press has twice threatened Fairey with lawsuits for failing to give credit and compensation to its photographer, Mannie Garcia, for the photo taken at the National Press Club in April 2006. Per MSNBC, Fairey acknowledges basing his work on the photo, but notes his version as
“stunning, abstracted and idealized visual image that creates powerful new meaning and conveys a radically different message.”
Image courtesy of http://abcnews.go.com/Politics/wireStory?id=6811991.
Fairey believes his rendition does not violate copyright law because of the dramatic changes he incorporated. Attorneys are in discussion to rectify the situation.
The images show a quite striking similarity. If there was only one example of Fairey using an image as a basis for his work in such a similar way, it might not attract attention. Or the impression of feigning someone else’s work as one’s own.
But Canada Free Press has exposed Shepard Fairey’s long history of appropriating other people’s works. Obey Plagiarist Shepard Fairey – A critique by artist Mark Vallen has been up since December 2007 and is a must read, with the weightiest of evidence to substantiate claims Fairey’s works are of a plagiarist. A couple of original pieces and Fairey’s works to compare and contrast the not so subtle differences.
Mark Vallen’s critique is outstanding and shines a searing light on the striking visual similarities with excellent analysis on each image. The following images are but a few of the numerous in Vallen’s post. The Los Angeles artist’s captions are frankly convincing, if not revealing, even to the not so artfully inclined. See more here.

“Left: Still from director Michael Anderson’s 1956 film adaptation of George Orwell’s cautionary story of a dystopic future, 1984. Right: Fairey unmistakably stole his image from the “Big Brother is Watching You” propaganda posters used in Anderson’s film, without crediting the source.”

“The skull and crossbones T-shirt marketed by Fairey’s OBEY fashion line.”

“The death’s head logo of the Nazi Gestapo.”

“Ver Sacrum – Koloman Moser 1901. Front cover illustration for the Vienna Secession magazine, Ver Sacrum.”

“Fairey’s ripped-off poster version of Moser’s art.”

“Left: Black Panther – Pirkle Jones. Photograph. 1968. Portrait of an anonymous Panther at a political rally in Oakland, California. The Panther photos of Ruth-Marion Baruch and Pirkle Jones are internationally famous and have long been available in book form. Right: Fairey’s street poster, which neither credits Pirkle Jones nor makes any mention of the Black Panther Party.”
Images courtesy of http://www.art-for-a-change.com/Obey/index.htm.
Vallen’s simple assessment.
What initially disturbed me about the art of Shepard Fairey is that it displays none of the line, modeling and other idiosyncrasies that reveal an artist’s unique personal style. His imagery appears as though it’s xeroxed or run through some computer graphics program; that is to say, it is machine art that any second-rate art student could produce.
The Boston Globe’s How phony is Shepard Fairey? also brings forth the evidence of Fairey’s works without appropriate credit to the original artists.
Fairey seems at ease with his borrowing. In the 450-page catalog for the ICA show, he responds:
“This guy Mark Vallen found every reference in every poster and every t-shirt that I’ve ever used. Out of hundreds of images, there’s a dozen or so that were based on things from historical posters. First of all, I’m always assuming that these posters are known by people, so my referencing is not a big secret. These aren’t obscure images… Usually I’m using an image as an intentional reference.”
But his art itself makes no mention of its sources or derivative nature, and, contrary to Fairey’s assertions, much of the art he copies (like Moser’s) is not famous enough to be well-known to most of his audience.
That is perhaps why Fairey’s work can be so easily conveyed as his own. No credit to the original author. Then indirectly usurp the credit for the idea.
The greatest irony of all, is that Fairey himself has threatened others with litigation for copyright violations of Fairey’s own own work. Shepard Fairey: OBEY my lawyers at the Boston Globe.
It turns out, however, that the activist art appropriator is a wee bit more sensitive when it is his images that are being “repurposed.” An Austin, Texas, artist named Baxter Orr made a parody of Fairey’s Andre the Giant design, adorning it with a SARS mask and the title “Protect Yourself.” Last April, Fairey mobilized his legal team to send Orr a cease and desist order threatening legal action against him.
“Left: Fairey’s work. Right: Orr’s work”
Image courtesy of http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid%3A625022.
Orr’s response in the Austin Chronicle pretty well summed up the hypocrisy.
“It’s ridiculous for someone who built their empire on appropriating other people’s images,” he said. “Obey Giant has become like Tide and Coca-Cola.”
Fairey prides himself in straddling both sides of the artist’s life, from the street to the pristine halls of special friends in high political office. Charleston City Paper.
“I did a lot of very mainstream middle America type press events where I was very careful how I chose my words to not be inflammatory and be positive,” Fairey says. “Then I went out doing my postering around town like I always do — punk as fuck. I like that I can navigate those two worlds and be able to do both. That’s important to me.”
And how Fairey navigates those two worlds is apparently A-OK with the Obama campaign. In fact, the Los Angeles-based artist received a letter from Obama himself. It reads in part, “Dear Shepard, I would like to thank you for using your talent in support of my campaign. The political messages involved in your work have encouraged Americans to believe they can help change the status quo. Your images have a profound effect on people, whether seen in a gallery or on a stop sign.”
All discussion aside, the images in and of themselves, speak volumes about the original artists, and Shepard Fairey who came along to apparently ride on their coat tails, without due attribution. And the great benefactor of one portion of the Fairey’s work, President Barack Obama, who applauded the image creation and the subsequent massive promotion generated from Fairey’s own illegal street postering of his image across America. And this was culled simply from a working photographer’s original photograph, without due credit.
Look again at the images and the definition of plagiarism. Political and financial gain on the backs of others.
See:
- http://www.merriam-webster.com/dictionary/plagiarizing
- http://www.npg.si.edu/docs/press_obama_by_fairey.pdf
- http://face2face.si.edu/my_weblog/2009/01/now-on-view-portrait-of-barack-obama-by-shepard-fairey.html
- http://en.wikipedia.org/wiki/Shepard_Fairey
- http://www.msnbc.msn.com/id/29103976/
- http://canadafreepress.com/index.php/article/8290
- http://www.art-for-a-change.com/Obey/index.htm
- http://www.boston.com/bostonglobe/editorial_opinion/outofline/2009/02/fairey_obey_my_lawyers_1.html
- http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid%3A625022
- http://www.charlestoncitypaper.com/gyrobase/Content?oid=oid%3A53006







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