OBEY

Shepard Fairey Threatens To Sue Artist for OBEY Giant Parody

500_baxter_shepard%20lede.jpg Left: Baxter's 'Protect Yourself | Right: Shepard's 'OBEY Giant'

Self-professed 'Propaganda Re-Engineer' Baxter Orr is an Austin-based, 26-year-old freelance designer who has a penchant for making limited edition prints and parodying some of Shepard Fairey's most iconic images from the Andre the Giant face to the pop artist's most recent mainstream coup d'art: campaign posters for Obama. However, the artist that's made quite a fortune by aggressively plagiarizing copying the works of others, is not so happy with the idea of Andre breathing through a SARS mask, and sent the young illustrator a cease & desist demanding he remove the "Protect Yourself" prints from his website, claiming it's a clear copyright violation.

UPDATE: For you doubters and conspiracy theorists.

500_baxter_shep_lede2.jpg Left: Baxter's 'DOPE' | Right: Shepard's 'HOPE'

Baxter has also raised a few eyebrows with his variation of Fairey's 'HOPE' poster, instead creating a satirical, limited edition "DOPE" print that celebrates the presidential hopeful's early experimentation with drugs. "I wanted to do the other side of Obama, the young crazy kid that did coke and shit," says Baxter, "the flawed human." He claims he was also motivated by the creative community's "sheep-like" embracing of Obama, describing their blind affection as "follow the leader" adding "it gets a little frightening as even the "free thinking" artists are putting this guys picture in their home as if he is the next chairman Mao."

In the meantime, the artist isn't too worried, and is seeking some legal help—free if possible—to figure out his next moves. Baxter maintains that Shepard's always been a big inspiration, and that his recreations are not malicious, but rather ironic, "I wanted to parody the guy who parodies everything. He's based his career off this. If he gets mad at this, he's become just like Tide detergent or Coca-Cola."

Snippet of C&D:
(Click image for bigness)

"Protect Yourself"
450_PROTECT-YOURSELF-OBEY.jpg A little Propaganda Re-Engineering. Signed (on front) and Stamped (on back) 1 color silkscreen print on archival white paper. 18X22 inches, $25.

"DOPE"
450_BARACKOBAMA_DOPE_.jpg HOPE, CHANGE, DOPE! A satire on Barack Obama’s crazy past. This signed and numbered 3 color silkscreen print. Limited Edition of 250. 18X24 inches, $30. “We did blow when we could afford it.” -Barack Obama

See more of Baxter Orr's work on his website: www.baxterorr.com

Update

BARACK OBAMA, BAXTER ORR, OBAMARTISTS, OBEY, SHEPARD FAIREY

75 comments

by ANIMAL on April 8, 2008

Comments (75)

here is where you can find this guy on the web:

http://www.baxterorr.com/

the guy should be taken to court and taught that if your going to make art make art as in YOUR OWN.

Baxter doosh made this up for publicity. CHECK YER "FACTS"

im sorry but ive just looked at baxter's website and he is a s**t artist and i dont think sheperd would mind, people have been copying his posse stickers for a long time

whats the net effect of getting sued?
a lot of publicity like this.
so maybe shepard is secretly a fan?

i've been a shepard fairey fan for years now, but seriously shep? i know youre big time now and all that, but maybe its time you took a step back and go back through your work and look, really look at all the work youve just straight ripped in the past and added you're own twist to. im not trying to knock shep at all or his abilities, you're a hell of a an artist/designer but i've seen some of those things you've ripped/received inspiration from with my own eyes and this sir would make you a hypocrit in some peoples eyes. sure the obey logo thing is a bit much - send a cease and desist letter if you must, but the obama - let it go.

shepfan I am pretty sure the Cease and Desist is only for the Giant Logo one, as the Cease and Desist pictured above says nothing about the Obama one.

This is a hoax. I guarantee you that neither Shepard Fairey, nor anyone else in Obey sent this letter. It has been fabricated by Baxter Orr for publicity, and it has worked.

shepard fairey's "art" is, and has been, total fucking shit. he's not original in the least and if this is true then i think he's lost his fucking mind. every single thing he has made is a fuckin copy of someone's original hard work. fuck shepard and everyone who supports his gay ass.

This has to be fake. I have met both Baxtor Orr and Shepard Fairey. I don't think this image would piss Fairey (or the Obey conglomorate) off at all. Like someone said before people have been ripping off Fairey's images for years and "Mr. Orr" is not the first (or 50th) to do it, why would he call out this one dude. This is a total cry for attantion.

I feel stupid for reading this. And even more stupid for commenting. But I couldn't stop myself. The whole thing is such an obvious publicity stunt crafted by one or both of these bottom of the barrel livetrace-button-slammers. It seems that now days if you can master the pen tool and a few other little tricks you can call your self an artist. So sad.

has this story been confirmed yet? who knows if it is even real...

I am Baxter’s roommate and I can verify that the cease and desist is a real thing. Whatever Fairy does next is up to him, but its not some publicity stunt. Not to say that my roommate isnt morally above that sort of behavior.

If anyone hint - Josh can get their hands on one of these prints, hit me up. I'll pay cash. That shit will be worth a mint if homeboy gets his ass sued.

hollywouldifhecould@gmail.com

One link will explain why the statement:
"Shepard Fairey Threatens To Sue Artist for OBEY Giant Parody" Can never be true.

See Below
http://www.brghtnghts.com/blog/?page_id=46

One link will explain why the statement:
"Shepard Fairey Threatens To Sue Artist for OBEY Giant Parody" Can never be true.

See Below
http://www.brghtnghts.com/blog/?page_id=46

send all proceeds to nigeria

HOLLAH!

the balls on Fairey must be giant!!! All he ever did is rip shit from other people. Don't throw rocks sitting in a glass house.
Check this all you Fairey Fans:
http://www.art-for-a-change.com/Obey/index.htm

Also a
Response to Obey Plagiarist on Justseeds, about Shep's work

I really hope Obama's people sue this shit head for copyright infringement for using their logo too...hater.

Bucky, you sure got a thing for Shep don't you? I can almost feel the hate flowing through your finger tips... i bet they shake a bit after you type yer posts... it sure is funny to read!

You know its interesting that Orr is getting so much attention for these -- especially the Obama. Ask anyone who grew up with him in Indiana and they can verify that not only is he a massive racist (he's even told me several racist jokes while we were growing up) he is also a STRONG conservative (and Christian -- not that that is a bad thing, right?). If you like subversive artists, then I suppose he's perfect -- and maybe he is parodying Fairey so much because he hates Obey's liberal message.

So, if you support racism, he's perfect -- if you support subversive artists, he's perfect...oh yeah, and if you don't mind the fact that he once posted a fake job ad in craigslist in Austin so he could check out the portfolios of his competition, he is also perfect.
If you care about the consciousness of your artists, he really sucks.

Baxter Orr is not a racist that is complete bull crap and a total slander. I know Baxter personally and yes he likes to rattle the cages and tell offensive jokes but deep down he is a nice guy with a pretty "off" sense of humor. He grew up with a Funeral Director for a father for pete's sake, stuff like that messes with people and crafts them into who they become.

I was about to stick up for this guy till I saw his work on his site. Horrible.

RE: Rigsby

Yeah I knew his father too, and Baxter's behavior was definitely crafted by being raised by him. He is a racist, pure and simple. I know him personally also, and last time I checked making jokes at the expense of blacks, jews, women, and mexicans is not funny. Unless you are a racist, in which case I guess you would think they are funny. This kid has been the lowest form of human for as long as I have known him which has been since junior high, and it sickens me that people defend him.

Racist or not -- his work just isn't good....if you want to rip off Fairey, at least do something good/interesting.

The sooner everyone accepts the fact that EVERYONE SUCKS, the sooner we leave the depths of this banal discourse. Street art sucks, fine art sucks, it's all a manifestation of the suckass nature of the bitchmade markass beings anyone who sells art truly is. Only vandals are OK.
Real Vandals, not YOU if you are reading this. Well, Fuct is a vandal who also sells suckass crap, but it's OK in his case. If youre not Fuct, give up Art. Except Barry....you are too weird to be held to this standard. Carry on.

Five years, ten years, twenty years down the road when Baxter Orr is an art icon, this pathetic "cease and desist" issue will be referenced with righteous anger toward S.F. and his efforts to stifle a creative and entrepreneuring soul.

Orr is being wrongly persecuted, much like a second Jesus.

And also like a second Jesus, I, with many others, expect Orr to rise again.

After having read through the comments, I see that many of you agree with me. Sometimes great things have humble or even "shady" beginnings.

To quell all the unnecessary and hateful grumblings, my only hope is that Orr will improve his tactics as he perfects his artistic genius.

Bowman First Floor...

If you compare the OBEY Giant and Protect Yourself, both are equally artistic and move a person to similar emotions, but honestly, I like the Protect Yourself a lot more.

I think it just looks cooler, and between the two, it would be the only one I would hang on my wall.

Know where I can get a print?

I agree that Baxter Orr’s hateful persecution is a sign of weakness from an artist that feels threatened by the existence of an equal. Much like King Herod from ancient history, Fairey has set out to murder any infantile artist that could potentially end his reign of popular supremacy. In the end Orr may have to retreat to save his career, but in time he will return to claim his artistic right.

Everybody has an audience, and I don't believe Shep has the upperhand on this. The art is quite different and Fairey looks kind of like a lil' biatch for threatening to sue over this. Does he feel his art so called "street art" is being threatened? Give me a break.

Baxter Orr is a no talent self absorbed douche.

Shephard is not an originator himself. He plagiarizes as well. Read Innosanto Nagara's post.

"Good artists copy. Great artists steal."
-PABLO PICASSO

unoriginal bastard!

while it is true that there is nothing new under the sun, this day in age with so much possibility is is THAT HARD to try and be original? At least come up with something that isn't a complete rip off. I don't care if he's doing it for publicity, it just makes me respect him less. period.

It first should be said that I am not a lawyer. I'm just have dilettante interest in Copyright law.

Shepard Fairey does have two copyrights (that I found) related to the Obey franchise. The first copyright that is referenced in the cease in desist letter is the 'Andre the Giant has a posse OG' from 1989. Considering that he was threatened with a lawsuit for trademark infringement by Titan Sports it seems strange that he would reference this copyright. The second copyright is the 'Obey icon face' that he copyrighted in 2004. The 'Obey icon face' copyright is where Baxter Orr could have some troubles with his "derived" work.

In reference to '“Pictorial, graphic, and sculptural works”' that the cease in desist defines the copyrighted work as in 'Title 17 U.S.C. Section 101'. "Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. The owner is generally the author or someone who has obtained rights from the author."Which is Shepard Fairey.

Luckily for Baxter Orr there is fair use. Baxter Orr's work falls under derivative work in copyright law. "A derivative work is an expressive creation that includes major, basic copyrighted aspects of an original, previously created first work". "Even if a work is found to be an unauthorized derivative, an alleged infringer can escape liability via the defense of fair use". Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders. "When Tom Forsythe appropriated Barbie dolls for his photography project "Food Chain Barbie," Mattel lost its claims of copyright and trademark infringement against him because his work effectively parodies Barbie and the values she represents. ^ Mattel, Inc. v. Walking Mountain Productions,"

Considering the intentions of Baxter Orr was to parody Shepard Fairey's and the fact that Shepard Fairey references many other artists in the same way Baxter Orr referenced his work I seriously doubt it would hold up in court.

Sorry for the cut and pastes from the wiki I was getting tired of typing. Once again I'm not a lawyer just a researcher.

References:

http://www.law.cornell.edu/uscode/17/101.html
http://en.wikipedia.org/wiki/Derivative_work#Derivative_work_right
http://en.wikipedia.org/wiki/Andr%C3%A9_the_Giant_Has_a_Posse#History
http://en.wikipedia.org/wiki/Fair_use#Fair_use_and_parody
http://www.art-for-a-change.com/Obey/index.htm
http://www.copyright.gov/circs/circ14.html#derivative/

Silly, silly, silly. Both Fairey & Orr are making $$$ while we all sit back & blog about it. Let's all start some propoganda & make money!!

I add that some of the posters have interesting colors & images that I'd probably hang on the wall if I bought any. Just like wallpaper. I don't have the talent to even steal those images and match them up with the right borders or colors, so buying them from somebody else works for me.

The critiques are silly too. Yes, both these guys are copy cats. Maybe not "true" artists. But it's worth $20 or $30 bucks to decorate & have guests say "where'd you get that?"

It's not the street art that matters to anyone; it's the art of maintaining a Paypal account.

In the 21st century, bravo!

This is messed up in so many ways...

Fairey used Andre The Giant's likeness and name for years until the WWE had something to say about it.

He can't be mad, plus it's clearly a parody. He isn't making these prints and signing Fairey's name. The people who buy these prints know that they are buying a Baxter Orr original. There isn't any deception going on.

shepard has become the very hypocrite that he set out to oppose when he first started the andre the giant stickers. he's turned into exactly what he despised and which was the impetus for his work in the first place. no wonder why the motto of the 60s was "trust no one over 30."

que toy..

All you haters are sitting on your ass while Baxter is making art in the process the same way Fairey makes 75% or more of his art by plagiarizing past propaganda prints from around the world. After reading this article I have lost allot of respect for fairey he needs to remember what it was like to be a young artist trying to make it. I dunno It just bums me out that you people would support a millionaire artist and talk shit about an artist with a couple prints inspired by shep's prints. check this link

http://www.metafilter.com/70002/Shepard-Fairey-Plagiarist

Shaun

Amen Shaun,

Yet you are all still commenting. How original to take the image of Obama and Andre and run it through a copy machine for highlights. Your self-serving cries of outrage are for an artist that has done little and contributed less. Shepard "Fairey" (how apropos) has made a career out of unoriginal slop - let the others have their chance schmucks.

Shepard Fairey is the biggest copycat out today! Baxter Orr's work is great and fuck all you haters!

Considering Shepard steals all of his work from other artists he has a lot of fucking nerve to complain!

Total fake ass hype conjured up by Baxter Poop. First time coming across this site, I bet 75% of these posts are Poop himself, stroking hype for his own crap art. Very sad indeed. What's fatboy been up to lately? Making big-boy lifesize cardboard cut-outs of himself. Now that's talent!

All this talk of original artwork and Shepard Fairey is the worst plagerist of them all. Just observe the link below. His work consists of rip-offs of old war posters and original art at or near the turn of the 20th century. Learn your history. Obey is no better than the "fascists" they proclaim to be fighting.

http://www.art-for-a-change.com/Obey/index.htm

You guys, our generation is lost...
stealing for profit is commonplace, and if you can sue someone and get richer, that's really all that matters.

I like to agree with the concepts that OBEY (and this other dude) bring to light,
but that doesn't stop me from copying other artists work and making money from it.

It's a dog-eat-dog world.
If you're not out there eating,
you're getting eaten.

I hope your high-morals are paying the way to your comfortable retirement,
putting your kids through college, and paying your parents ridiculously priced medical bills.

If you can't handle the reality of Capitalism,
go live somewhere else...or STFU!

We have copyright for a reason. Don't give me the dog eat dog line because you know just as much as me that corporations use those same laws all the time. Even Fairey has used his rights. Artists should be filing suit left and right. For most of us it is probably the only way we will ever make any money.

Look at this,
http://www.myartspace.com/blog/2009/01/shepard-fairey-obey-copyright.html

Ol chap Shep hasn't done anything that hasn't already been done. Pick up any book about propaganda "art" from any of the communist countries. Holy shit, look at that, weird...it looks just like what he's been peddling and people are falling in love with. It was effective decades ago and still is. Wow, he uses simplified graphics and a small color pallet. Not because he is limited, like the originators with their lack of resources and technology, but by choice. What artistic genius!! Get off it.
Its an idea that works, so why change it? No doubt, his is smart, but for him to even have a thought about suing anyone for copying his work is ridiculous. If that was the case every artist would be suing each other for the rights to the original art. If you are making art to make money you have already lost!! People make art for the love of art. If one can make money by making art that is awesome. I love making art or designing and getting paid for it. What artist or designer can't look at others' works and not see similarities. Art has been around for millions of years. NOTHING IS ORIGINAL ANYMORE, OPEN YOUR EYES! You cannot sue someone for using a similar style as you in their own way when you are not the originator of the style. It is art plain and simple. Take it as a compliment when someone bites your style, it means your doing something good. Its not like he didn't make alot of money off of making those Obama posters in the first place, which he DID, so stop ridin.

to all of you douches sayin this guy ripped of shepard fairey........fairey is a rip-off artist to begin with

Props to all the Shepard haters! Dude is a total rip-off artist. Any one could take an image and do a little photoshop magic like he does....check this site for some side by side comparisons - http://www.art-for-a-change.com/Obey/index.htm

Notice how the Dope/Hope pair is really very different. Different colors, different head shot, different logo placement.... even different dimentions.

But the other Protect/OBEY pair are truely identical but for the mask.

Still....it's not the same.

Hang on, now.

Baxter using Shepard's image as the basis for his "DOPE" parody IS comparable to Shepard using the AP's image as the basis for his "HOPE" image; it's a derivative work based on the original but not actually using the original photograph.

Baxter taking Shepard's OBEY image and slapping a mask on it, on the other hand, IS a possibly infringing reuse of Shepard's own art.

IMO Shepard's kind of a dick for sending out a C&D over it, but he's within his legal rights in doing so. He would not be in his legal rights to send one over the "DOPE" image.

I am Shep's best friend's sister's gynecologist and I can say for sure the C & D is real.

RELAX... there is nothing to worry about... this is clearly covered under "Creative Commons / Fair Use". It is clearly parody and will go nowhere really fast if taken in front of a judge.

This has inspired me to churn out some crap of my own! Hooray for me!

Click to see NOPE

The Associated Press situation involving the artist Shepard Fairey and allegations of copyright infringement has taken a twist. Shepard Fairey’s legal team broke settlement negotiations with the AP on Friday. Earlier today the artist filed against the AP in hopes of gaining a supportive decision from a judge concerning his use of the AP owned photograph which served as the base image for three versions of Fairey‘s Obama posters.The AP wants to make it clear that works by photographers and artists should not be misappropriated by others.

This case will be important because if Shepard Fairey wins it could mean that any photograph or image of art is fair game. This year will either be a major blow for copyright or a year that brings a clear definition of what fair use is.

More on the story,

http://www.myartspace.com/blog/2009/02/shepard-fairey-sues-associated-press.html

And why Baxter Orr's poster is fair use,
http://www.myartspace.com/blog/2009/02/fair-use-shepard-fairey-and-baxter-orr.html

I don't really agree with gnat... I mean, look at Andy Warhol and the whole pop art movement. Copying iconic images from pop culture to make a statement is an entire artistic genre.

Jules, I think Orr did just that with his parody. Fairey on the other hand goes after images that are not widely known in order to make them iconic and his.

I wonder how many people who slammed Orr over this will slam Fairey now over the AP photograph?

who needs to make a t-shirt?
http://www.lapphoto.com/images/recent/obeyobama2.jpg
all proceeds to whoever wants...

Would I get into trouble for this parody?

COKE SPOOF

What do Damien Hirst, Shepard Fairey, Cartrain, and Baxter Orr have in common? A lot according to this clown.

http://www.myartspace.com/blog/2009/02/birds-of-feather-flock-together-damien.html

Shepard Fairy is the biggest plagiarist there is.. and now he is getting a taste of his own poison!

read all about it here :

http://www.art-for-a-change.com/Obey/index.htm#m

i know youre big time now and all that, but maybe its time you took a step back and go back through your work and look, really look at all the work youve just straight ripped in the past and added you're own twist to.

Glad to see ol Shep can't take the heat. He is the posterboy for douchetard, constantly STEALING people's art to use as his own. He seems to feel that it is necessary as he has no real discernible talent outside of a 6th grade silkscreening class. Then comes the polysyllabic explanation of his "work" which is more BS than even Chomsky could come up with about "confrontation" and "spaces" and "political messages" and so forth while tagging private property with his "artistic" graffiti. All reasons to avoid this loser like the plague. Mostly, I just hope he gets his nose broken or finally gets the book thrown at him either way in either order. I'm possibly a bigger loser though for feeling it necessary to explain underneath an article of why these guys are dbags why these guys are dbags like so many of the other modern "artists" out there.

How typical - he is ripping other artists but
whines when someone rips him. Abiding by the
law only comes into play when it benefits him,
as we can clearly see.

I am an artist, any and all sources should
be credited if they are not it is plagiarism,
there is no argument there. He has high priced
lawyers who are attempting to save face.

Copyright infringement has been committed here,
since his image was claimed to be made for the
good of the country people say the rules should
be bent. Money is paid in order to obtain
copyright protection, ALL images that are
copyrighted should be used under written permission. Some do not require crediting!
How simple would that have been, I do it daily!

He only credited the photographer and AP when he
was investigated - that is wrong. If Shepard gets
away with this another decade what is protecting
the rest of us with strict copyrights?

Save face Shep - save face!

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