Q: My question is on the intellectual property origins of Obey. Why is John Carpenter not the holder as he created it?
I've watched "they live" many times and I am now wondering how the current owner of the OBEY brand can own something that was never his intellectual property, Shepard Fairey has said many times he got it from the John Carpenter movie. So would the only intellectual property he is legally entitled to be Andre has a posse and other original creative works. The John Carpenter movie "they live" predates The Andre has a posse art piece and movement. Shepard Fairey has also been caught claiming other artist works as his own in the past.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
The OBEY brand's intellectual property situation is quite fascinating and complex. While you're right that Shepard Fairey drew inspiration from "They Live," the legal framework around derivative works allows artists to create new intellectual property based on existing concepts, as long as they transform them significantly.
Fairey's OBEY brand evolved from his street art campaign and developed its own distinct identity, separate from Carpenter's film. The key difference lies in how Fairey adapted and transformed the concept - while the word "OBEY" appears in the film, his artistic style, typography, and overall brand aesthetic were unique enough to be considered original creative works. This transformation, combined with his established "Andre the Giant Has Posse" campaign, helped him secure trademark rights for the OBEY brand.
You raise valid points about Fairey's history with appropriation, including the Obama "Hope" poster controversy. However, in this case, trademark law focuses more on protecting brand identity in commerce rather than artistic origin. John Carpenter could potentially have challenged the trademark when it was first registered, but the window for opposition has long passed, and the OBEY brand has now established its own commercial identity distinct from the film.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
