The html times

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An internet magazing that published six issues in 2008 and 2009 by some great contributors.

Music —

Plants And Bodies

Twice Monthly Mixtape by Jesse Alejandro

Plants And Bodies Trevor Wilson gives us his latest album for download including protools session files for four of the tracks.
Read | Download Album

Code —

Frameworks, Idioms, and Idiots

This Month in Code by Joshua Clayton

Turning Ruby into Java Joshua Clayton examines the upshot of using framework syntax in place of actually learning Javascript, and asks us to stop being lazy.
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Code —

Introducing GenevaJS

This Month in Code by Rick Waldron

GenevaJS Rick Waldron walks us through the first set of methods in the upcoming Javascript extension kit for writing jQuery style syntax with Prototype. Read more …

Feature —

Creator of Obama “Hope” Poster Challenges AP Copyright

March 30th 2009 by Jonathan Hunter

Original Photograph For Obama Hope Poster by Manny Garcia

Street Artist Fairey Sues the Associated Press

By all accounts, President Barack Obama’s road to the Oval Office was one replete with firsts. For example, the 2008 presidential campaign marked the first time many had heard of Los Angeles street artist Shepard Fairey. Fairey’s stylized poster of Obama—which bears the Obama campaign watchword, "hope"— became a symbol of Obama’s candidacy among many supporters. Now that image has landed Fairey in a legal battle with the Associated Press, which claims that Fairey’s poster infringes on its copyright to a 2006 photograph. On Feb. 9th of this year, Fairey fired back, seeking a declaratory judgment that his poster of Obama does not infringe on any AP copyrights.

Original Photograph For Obama Hope Poster by Manny Garcia

Fairey, known for his "Obey Giant" street art campaign, had previously acknowledged that he used a photo taken by freelance photographer Mannie Garcia as a reference in creating his ubiquitous Obama poster. Garcia took the photo for the AP in 2006 at a National Press Club event in Washington. Fairey found Garcia’s photograph of then-candidate Obama using Google Images. To produce the now iconic image of Obama, Fairey painted over Garcia’s photograph and added Obama’s campaign logo and the word "hope." Because Garcia was only freelancing for the AP when he took the photograph, there is some question as to whether the AP even holds the copyright to the image.

News of Fairey’s suit against the AP comes just days after the artist was arrested in Boston for allegedly tagging city property in 2000. Boston police took Fairey into custody just before he entered a sold-out event launching his new exhibit, "Supply and Demand," at Boston’s Institute of Contemporary Art.

The Associated Press and Fairey were in negotiations to use the proceeds from sales of the artist’s Obama poster to support the AP Emergency Relief Fund, a charity for the families of AP staff that have fallen victim to catastrophes and natural disasters. But Fairey now claims his modification of the photo constitutes fair use, a doctrine that allows for limited use of copyrighted material without the permission of the copyright holder. According to the AP, the parties had agreed not to pursue legal action while negotiations were ongoing, but Fairey’s complaint paints a different picture. Fairey alleges that the AP had threatened to file suit on Feb. 10 notwithstanding any ongoing discussions if the dispute had not yet been resolved by that date.

Copyrights and Fair Use Rights

Codified at 17 U.S.C. § 107, fair use protects uses of copyrighted works for purposes of "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." Courts weigh four factors in deciding whether the use of copyrighted material is falls under the umbrella of fair use:

As Stanford Law School professor Lawrence Lessig discusses in his 2004 book, Free Culture, fair use has increasingly become a refuge for creators and advocates of easing copyright restrictions since the advent of the internet. Unlike traditional media, copying is simply inherent in the design of the internet. Any use of copyrighted material over the internet produces a copy, and is thus presumptively regulated under copyright law. The internet has thus forced the limited protections of fair use to shoulder unprecedented weight. Lessig, who founded Stanford’s Center for Internet and Society, has declined to comment on the dispute between Fairey and the AP. The Center’s Fair Use Project is currently representing Fairey.

Fairey’s Case for Fair Use

Fairey seeks a declaratory judgment that his use of the Garcia photograph does not infringe on the AP’s copyright, and even if it did, his work would be protected under the doctrine of fair use. Indeed, the four-factor fair use test seems to tilt in Fairey’s favor.

Although the Obama poster has brought Fairey great notoriety, Fairey did not use the Garcia photograph for commercial gain. Fairey sold about 4,000 Obama posters by Election Day at $45 each, but he used the proceeds to distribute nearly 300,000 posters for free. Read more …

Code —

Putting the Kaibosh on IE6

This Month in Code by Boaz Sender

Firefox Eats Internet Explorer Boaz sender walks us through serving a message to visitors based on their browser version. Read more …

Anatomy of a jQuery Plugin

This Month in Code by Thomas Steinmetz

jQuery plugins Thomas Steinmetz walks us through building a jQuery plugin with the example of a tabbed navigation and gives us the final product to download. Read more …

Politics —

Forgiving Student Loan Debt

This Month in Politics by Jacob Perkins

Credit Cards Jacob Perkins explores alternative solutions to our economic trouble including the cancelation of student loan debt.
Read more …

Network —

Hackers of the Free Software Movement

This Month in Network by Patrick Davison

Lecturer at Wintercamp 2009 Patrick Davison reports on Wintercamp 2009 and the Floss Open Source Manuals group he attended with.
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Music Is Free

This Month in Network by Justina White

Creative Commons Non-commercial Justina White makes the case for the freeness of music, offering an alternative revenue model to recording artists. Read more …

Vector Pack —

Hip Hop Vector Art

This Month in Vector Packs by Billy Nunez

Hip Hop Vector Pack Billy Nunez gives us a set of hip hop vectors he put together for this issue of the html times. Read more …

Prose —

My Dell Latitude D600

This Month in Prose by Michael Winward

Dell Latitude D600 Michael Winward gives us a short story about the character of his Dell Latitude D600. Read more …

Information Wants To Be Free

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