Garcia v Fairey is one of the most talked about mo Essays - Data

Garcia v Fairey is one of the most talked about modern day cases in respect to copyright law. This case is a heavy tug of war between the two. Who has the right to what? Who deserves the money? Most of all, who's in the right? In this essay, the discussion of rights and copyright law will be discussed, and how, at the very least in a legal respect, Fairey crossed no lines. In the case Garcia v Fairey, the legal proceedings cannot be followed through as you would on any average litigation case. This case is truly only based in the eye of the beholder. Art can only be so objective, and that is shown in the metaphorical tug of war throughout this case. The first case to be made throughout this trial was whether Fairey had infringed upon the copyright that was already placed upon Garcia's photograph of Obama. Whether or not this is true is up to the jury, however, there are far too many differences between the image, and the poster, to pose a reasonable argument against Fairey's image. Fairey had changed enough, down to the angle of then-senator Obama's neck. The image was not clearly infringing on any copyright laws, as shown in section 1303 in chapter 13 of Circular 92 Copyright Law of the United States, which was revised in 2016. This says that all revisions, adaptations, and so forth are protected, so long as the design is a substantial rearrangemen t from the original. This can be proven, as clearly, Fairey could not have just used posterize and printed HOPE' over it. This image was hand drawn, and there are enough differences between the photograph and the drawing to make a case that the rearrangement is substantial. The composition is changed, the image itself changing from having a complex background to focusing just on Obama, with his head tilted further upward, and with no background. Not to mention the change in colors, the lack of complexity and so forth, all form to be a fairly easy case to make in Fairey's favor. Even with this evidence, however there is the case to be made of referencing, and whether or not that could be classified as infringing upon copyright laws. The use of Garcia's image, be it as a reference or a mere inspiration, is difficult to argue against when comparing the two images, (And later, Fairey did admit to the accusations being true). However, referencing an image can hardly be considered a crime. If one were to go to court over referencing, almost every artist would be put to court for this crime. While royalties would be appreciated, Fairey was under absolutely no requirement to follow through with doing so- the image had a reasonable difference between both images. Those who say it is too heavily referenced, or is too similar to the original photograph are entitled to their opinions, however, there must be an objective look at the art. There are plenty of differences between it, and to say that it's a blatant plagiarization is just ignoring all the obvious differen ces that have been mentioned before. The coloring, the shading, the angle, Fairey even edited the position Obama was in to make him both seem more leaderly' and to fit in an emblem (or pin) on the suit. These differences cannot be argued just because the poster was referenced by the image, or because it is similar to it. The grounds on which Garcia based his lawsuit are flimsy, and difficult to prove, even with a scan over. Unless he somehow manages to prove that Fairey traced over his image, specifically (and looking at the details of the piece, that's yet another hard case to make.) Details have either been added or omitted that would make it an obvious trace. In the end, there's no way of proving it, and referencing is not a crime- if it were, all artists would be guilty. The obstruction of evidence is what hurt Fairey's case, but the use of a reference is no crime- while willful negligence is. In the end, the defense could have made a case surrounding Fairey referencing off Garcia's photograph, but Fairey committed

Whens the last time you were bored Maybe its been too long.

Whens the last time you were bored Maybe its been too long. â€Å"I’m boooorrrrrrrrrrred!† Early on a Saturday evening, I admitted to a friend that I had watched a Netflix movie the night before and was likely going to watch another one that night. For many people, watching videos two nights in a row would not be a remarkable occurrence. But for me, it was an anomaly- a rare sign of boredom. â€Å"I don’t think I’ve ever heard you say that before,† said my friend. Indeed, it is not unusual for me to go a month without finding a single 2-hour block of time to sit and watch a video. What did it mean that I had two such blocks of time to fill in one weekend? Had I failed in some way by not scheduling something more â€Å"important†? In fact, I think my unexpectedly empty time meant that I had gotten enough done and was sufficiently on top of my schedule that I felt unpressured to fill that time with productive activities. A success, not a failure! Yet my inner voice was saying, â€Å"Brenda, you’re bored. You had better do something to occupy your brain.† I considered my options. Should I watch my Netflix video, The Blind Side? Or find something on my business task list to tackle on this Saturday night? Surely there must be something for me to write or edit! I let the wheels in my brain spin for a while. And, after a few minutes of â€Å"boredom,† I settled on a new idea: a blog article about this very topic. I wondered if other people had identified boredom as a positive emotion or event, and if so, what factors were at work in our bored brains? The Value of Boredom Not long ago, I heard someone complain of being bored and explained to him that I celebrate boredom despite the discomfort it may entail. I see boredom as an opportunity to rest my brain- an empty place that is necessary for the spark of creativity to take hold. I discovered quite a bit of interesting material that supported my opinion. First was a TED talk by Genevieve Bell. Ms. Bell explained that the experience of boredom is a moment when, neurochemically, the brain lights up. The bored brain is almost as active as the engaged brain! Boredom is an opportunity for the brain to reset itself, and this reset is apparently a very active process. Ms. Bell also referenced Heidegger, who argued in 1929 that being bored is a fundamental state of being human- and that we should spend less time putting it at bay and more time embracing it. The Quest for Boredom Nowadays, it’s hard to be bored. A text message or facebook update awaits us at every moment. If we don’t like one thing, we move on to the next. We are more likely to be overloaded than bored. For me, this overload shows up as the inability during most months to find time to watch the Netflix video sitting on my desk. Yet those times of disconnection, when the brain gets a rest, are often the most pleasurable times in life. As Peter Bregman stated in his Harvard Business School blog article, Why I Returned My iPad: Being bored is a precious thing, a state of mind we should pursue. Once boredom sets in, our minds begin to wander, looking for something exciting, something interesting to land on. And that’s where creativity arises. My best ideas come to me when I am  unproductive. When I am running but not listening to my iPod. When I am sitting, doing nothing, waiting for someone. When I am lying in bed as my mind wanders before falling to sleep. These â€Å"wasted† moments, moments not filled with anything in particular, are vital. They are the moments in which we, often unconsciously, organize our minds, make sense of our lives, and connect the dots. They’re the moments in which we talk to ourselves. And listen. To lose those moments, to replace them with tasks and efficiency, is a mistake. What’s worse is that we don’t just lose them. We actively throw them away. An Astonishing Feat!! Finally, I discovered a June 13, 2011   â€Å"On Point† episode with Tom Ashbrook, featuring guest Peter Toohey who wrote an entire book about boredom (Boredom: A Lively History). Callers largely agreed that boredom is the key to creativity. And neuroscientist Jonah Lehrer jumped on to share that boredom is the precursor to daydreaming, an â€Å"astonishing mental feat† wherein, he confirmed, just as much brain activity occurs as when we are focused on something. I suppose the daydreaming phenomenon occurs whether boredom comes from having â€Å"nothing† to do or from disinterest in whatever we are doing. From my cursory research, I found that there is a clear connection between boredom and the birth of new ideas. Reportedly, many of the best ideas arise when we can untether ourselves from the constant stream of information that bombards us in every minute. I’m glad I chose not to put that DVD in my computer. It’s still there when I want it, and I found a friend who asked to watch it with me. In the end, by allowing boredom to set in for just a few short minutes, I created a fascinating, brain-lit-up Saturday evening.

Has the American Dream changed Essay Example | Topics and Well Written Essays - 750 words

Has the American Dream changed - Essay Example under the American Dream dogma is that the aforementioned benefits of being an American are available to anyone, regardless of where they hail from, and are distributed according to a person’s motivations and unique talents and abilities (Library of Congress 1). The conception of the American Dream has changed significantly from the 1960s to today, as what constitutes success and happiness, as well as freedom, is now underpinned by new social, professional and economic ambitions which were not dominant needs or ambitions in 1960s society. In the 1960s, the American Dream, as iterated by the venerated Martin Luther King, Jr., were the achievement of social equality and freedom from various types of oppression that were guaranteed in the U.S. Constitution that all men are created equal (Armitage 16). During the 1960s, it was not just African-Americans being oppressed, but many diverse ethnic groups and population subsets (for example homosexuals) that continued to be socially ostracized by other members of majority society. The American Dream, therefore, for those living in the 1960s, was ensuring achievement of true liberty and putting an end to social subjugation for failing to comply with the norms of society which asserted that being different from the majority was an opportunity to dominate and oppress. In today’s America, my personal American Dream is the achievement of wealth through self-governance of lifestyle and profession which underlines the ability to maintain a better quality of life. More wealth, from my perspective, brings opportunities for travelling, living in a top quality home, and procuring products and services that enhance one’s image, both physically and socially. In the 1960s, King saw the American Dream as ending the plight of â€Å"disinherited children of God† who were rising up to bolster the American Dream as related to â€Å"the most sacred values in our Judeo-Christian heritage† (Kloppenberg 147). Further reasserting the 1960s