OBEY

Shepard Fairey Declares Only He Can Copy and Paste

250_baxter_shepard%20lede.jpgHate to say we told you so, but Shepard Fairey has just released an official statement owning up to the cease and desist notice that was sent to OBEY takedown artist Baxter Orr concerning this design. According to Shepard, Baxter has been involved in some "shady dealings" and reselling schemes of OBEY art on eBay. What that has to do with parody, Shepard only knows, but it seems awfully contradictory for an artist who's made a name for himself by copying others to rail against another one that does the same. Read the full statement after the jump.

To all concerned:
Baxter Orr was sent a cease and desist letter by Obey Giant in regards to his use of the Obey "Icon Face" graphic. This graphic is a registered trademark and I selectively enforce this trademark based on the nature of the infringement. Frequently I do not respond negatively to parodies of Obey because I feel the artist doing the parody is philosophically aligned with Obey and parody is a valid part of pop culture dialog. I use parody and tribute often in my own work, so I obviously believe there is value to both. I have also had to deal with legal entanglements over the use of appropriated imagery and its interpretation as parody or infringement. Parody Vs. infringement is obviously an issue with many subtleties and grey areas. Referencing existing imagery is a risk every pop artist takes from Warhol to Koons to myself to Mr. Orr. Most of my pop art, fortunately, has been positively received by those being referenced, and many subjects have even commissioned authorized collaborations after seeing my tribute. Orr's infringement is being pursued more because of his all around exploitative tendencies and foul nature rather than the seriousness of this specific infringement. I'm generally very tolerant of this sort of thing, but this is the straw that broke the camel's back. Orr has been repeatedly revealed for selling Obey Giant prints on ebay which I have a policy against. I sell my prints under market value to insure that true fans of my work can acquire a print at a reasonable price. Orr has used pseudonyms and other shady tactics to get prints and sell them on ebay. Orr has been kicked off of an Obey Giant fan site for shady dealings. He has also made enemies with an Obey secondary market dealer for being untrustworthy. Orr is the type of bottom feeder who is often able to thrive because no one wants to take the time to deal with him. As you can see, he has tried to turn this present issue into publicity for himself. The resources it may require for me to pursue him will be much greater than any lost revenue from his print. I'm pursuing this out of principal. I have principals and Orr does not. A gross over-simplification of the situation could lead a lazy person to think that I'm a hypocrite for pursuing Orr because, in basic terms, we both use reinterpreted appropriated imagery. The key difference is in our motivations and my willingness to take responsibility for the things I do.


/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /
Shepard Fairey
Founder & Creative

Studio Number One
Obey Giant Art Inc
1331 West Sunset Blvd
Los Angeles, CA 90026
[REDACTED] tel
213-213-0077 fax

shepard@[REDACTED]
www.studionumber-one.com
www.subliminalprojects.com
www.obeygiant.com
/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /

Previously

BAXTER ORR, BEEF, CEASE AND DESIST, OBEY, SHEPARD FAIREY

42 comments

by ANIMAL on April 11, 2008

Comments (42)

let me be the first to say it, move over Mr. Obey, Mr. Orr is taking your place.

donkey's

Wait, so its shady now to resell art? I mean, I'm not un-amenable to the idea that art "auctions" have gotten completely out of hand, and have caused the kind of inflation only seen in Zimbabwe. But this is ridiculous; if I buy a print I should be able to sell it.

More to the point, most of the people whom Shep has stolen from don't even know they've had their stuff jacked; he doesn't bother to contact them, and in the case of most, he abuses the fact that they released their works into the public domain. The guy who designed the White Panther logo, for instance, isn't happy. Neither are most of the Cuban painters that have had their work stolen, and Shep only fessed up when threatened with legal action.

The problem with rubes like Fairey, and most of the vultures that comprise the whole "decontextualization" group of artists, is that they refuse to believe in two concepts that make them chafe; identity and authenticity. For them, authenticity is a buzzkill, and an attempt to censor them; when someone calls them out on their theft, in Dick Cheney like mode, they grunt "So?". When Joy Gannet asserted that the original photographer of the photo she used in her work was being "censorious" I had to laugh; unlike the people they steal from, the decontextualizers have no idea what it means to be "censored", be it from the barrel of a gun or the or the crack of a policeman's nightstick.

Identity is another issue; no matter how much Fairey likes to argue that he was "inspired" by the LA graffiti scene, this is ridiculous. He grew up in Charleston, SC, and went to a prestigious art school, evidently where he had to access to the numerous books that he eventually stole his artwork from. He didn't make it out to the West Coast till the 90's, and by then already had a very clear (if ripped off) vision of what he wanted. His faux-identity of being an LA "graffiti artist" is as real as Vanilla Ice being raised on the mean streets of Miami.

Does this mean that appropriation is wrong? No. Everyone uses motifs and styles, and certainly REcontextualization is interesting. Does this mean that certain art syles are off limit due to the race or gender of the painter? No. Patrick Nagel, a white guy from New York, mastered Japanese inkblocking, and contributed to a new modern interpretation of the method. It just means that Fairey is a terrible "Artist", "designer", and is a fraud (no need for quotations).

@ Sean: Yawn, this is getting old...

Until this guy starts pasting his work on the side of massive buildings, touring the world with his positive manifesto and consequently being banned from said countries...
i will have no respect for him.
Shepard has worked fucking hard to be where he is...its a 24/7 job...you dont get nothing worthwhile without sacrifice

Mr.orr is attacking one of the good guys and making money out of it!
yes i know we all have to make money...

dont know why im bitching...
mr.orr wont be remembered 'cease and desist' or no 'cease and desist'

Peace

i agree with sean. fuck shepard fairey. that nigga is wack.

what a baby. dude dont you have enough money to not worry about the shadey dealings of a 26 year old

haha! a 24/7 job? get off his dick. he's fuckin lame. he's a gay DJ now. fuck you and him. BITCH!

Concerning the past tangents attacking Shepard and defending this Orr character.
read through the whole document, you may find that all the comments made towards Shepard challenging his decision
were clearly noted in the statement he posted.
Read it through, word for word, pick up a dictionary if you're unsure about a big word. Don't tell anyone though, they might think you're stoooopid, right?

Come on,
Make art, not war. Defend your morals and principals where it counts.

"Make art, not war. Defend your morals and principals where it counts."

He didn't make that fucking poster either, nitwit. He stole it from a poster used in the Prague Spring. Rather than picking up a dictionary, you should be picking up a history book.

Fairey just wishes he came up with the idea first...

I've been an Obey fan for years and I gotta say, I have lost a lot of respect for Shep with his statement above if it is true. Baxter is probably some poor kid living in a box and just trying to make it and obviously created a tribute to one of his influences. And that such influence who states, "Most of my pop art, fortunately, has been positively received by those being referenced..." He brags about how he's been lucky and instead of thinking how fortunate he has been, he goes and spits on the little guy crushing him in the way he has been fortunate to avoid. Total hypocrite.

It is fun to watch Shepard Fairey piss all over himself, he does ONE thing keep his prints limited and costing only $35 so he can tell EVERYONE EVERYTIME he is not a complete SELL OUT when this PROVES he is.

I think Baxter has a great case against him since he blatantly says:

"I selectively enforce" this trademark based on the nature of the infringement.

Thank you for posting this, though I feel just a little bit stupid for reading it. And even more stupid for commenting. But I couldn't stop myself. I felt a rant coming on and gave in:

The whole thing is such an obvious publicity stunt crafted by one or both of these bottom-of-the-barrel livetrace-button-slammers. (wow so many hyphens.) But just in case it is true then it really makes me think. 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. What we really end up with plagiarists plagiarizing plagiarists and laughing all the way to the bank. So sad. Perhaps the only bad byproduct of the Adobe Creative Suite?

On one hand both 'artists' know something about composition and color theory. But on the other hand they've been quick to go with the easiest format and style they could grab in order to make a dollar out of fifteen cents. What is really alarming though is that the public eats it up and calls it modern American art! I suppose though that is what it really is right? I mean if we all agree this is the new aesthetic to be embraced, than it's modern popular art right? hmmmmm....

At some point everyone steals a little from everyone but I think the goal of the artist should be to keep that as subtle as possible and use it only as a means to an end, that end being the creation of your own style. I love Charles Burns, and I love Margaret Kilgallen. Both have had a big influence on where I want to go with my art. That being said, I'm not going to straight up bite their work.

Thanks for posting the great links too. I have to agree with Mark Vallen and his colleagues. Fairy has crossed the line when it comes to appropriating (copywriting) images that were created and intended for the public domain often by anonymous artists. I question whether he has done so to protect his artistic vision (whatever that may be), or to protect his financial interests marketing things like stickers and t-shirts? We all need to make some dough for what we do. The old masters were payed for there work and so are the masters of the new school. But they were payed and considered masters because they arrived at their own style.

I've always thought Fairey was a glorified sticker-maker and someone who took 2-D design and silk screening and then called himself an artist. I would say power to him, except that he kind of bites donkey dick for the blatant plagiarisms of some of his work. And I've heard the Andy Warhol Campbell Soup Can argument...sorry, Andy wasn't out to sell t-shirts and posters. He could have done that and just stayed a graphic designer. Andy actually had some depth to his work. Study his work and his life and you'll see he was not out to make a mockery of fine art.

Perhaps that Fairy's vision or statement? That plagiarisms can be art too and so in effect the whole wall comes tumbling down? again I say hmmmmm....

Then I read this:

"Until this guy starts pasting his work on the side of massive buildings, touring the world with his positive manifesto and consequently being banned from said countries...
i will have no respect for him.
Shepard has worked fucking hard to be where he is...its a 24/7 job...you dont get nothing worthwhile without sacrifice

Mr.orr is attacking one of the good guys and making money out of it!
yes i know we all have to make money..."

WTF? Do you work for Obey or something? Who says we need or want Sheps pictures posted up on massive buildings? I'd rather see Ron Englishes work on a billboard any day. And "you don't get nothing" for not knowing correct grammar. We ought to ban Shep from this country too.

I agree with Sean, Critic, and April.

Aaron Mendonca

Shepard Fairey just made himself out to look like a total jackass. BIG BROTHER IS WATCHING BAXTER ORR which is essentially the point he is trying to make with this press release, if you really evaluate any of this Shepard Fairey isnt consistent on anything.

If Shepard was 26 and still punk rock he would be doing the exact same thing Baxter is doing by not backing down. Sell your Obey prints now as this could get ugly for this fictitious meaningless Obey posse.

Seriously, defend Orr on principle if you want -- but please don't defend his character. He is a racist (I know this for a fact) and he has NO respect for the artistic community -- as soon as he moved to Austin and started looking for a job, he set up a phony job ad on craigslist in order to get graphic designers to send him their portfolios so he could check out the competition. I have a screenshot saved of the whole thing, and can prove it.
If you like that he's screwing shep, fine -- but you should also know that this is just an example of his attitude towards the entire design community.

Young Hegelian how can you know someone is a racist (for a fact)? seems in pretty poor taste that if you call someone a racist when they do a "parody" of your half black presidential candidate. Get with the program everything on craigslist is spam and fake, that is why no one is calling you for interviews.

I've known him for years, know people who've graduated with him -- and, if you want proof -- I can email you screenshots of several racist posts from his blog if you want. Other than that, all I have is my memory of his racist jokes and statements -- all throughout high school.

Young Hegelian email them to me:

dan.mcclellan@yahoo.com

I would be very interested if this is the case.

The problem is that Baxter is notorious for using the internet to mask his identity -- setting up fake email addresses and identities to get what he wants. I have a feeling that several of the posts on this article are him in various guises -- and I also have a feeling that you, Dan, are also Baxter. I am trying to post these in a way which will not compromise my anonymity.

What I think is so funny is that people are supporting Baxter because he is going against the corporation, damn the man, blah, blah, blah. This kid has been making money off of other people's work, and stealing designs from graphic artists all over Austin, and you are all supporting him. He is a racist, and he is a money/fame hungry unoriginal hate mongerer. I don't base this on his Barack illustration, I base this on his many lj posts, and the fact that he openly stole portfolios from designers on craigslist. He has been kicked out of many online communities in the past for hate speech and just signs up under new names. It would not surprise me if many of the comments were left in here by his aliases. But what I think is most interesting is that out of all of this he sells more prints, gets more hits on his site, and overall benefits. All the while his supporters cheer is immature antics. I'm not sure what is more appalling, his behavior or the way that others allow him to benefit from theft and intolerant rhetoric.

Its as irrelevant whether Orr is a scumbag or Fairey is "the nicest guy in the world" (as many of his fans describe him). What is relevant however, is whether or not Fairey, who has stolen wholesale the works of others (with minor, if no, changes), should be given a free pass on essentially condemning someone for doing the same thing he does, except without all the ridiculous navelgazing bullshit of "phremesupercaliifragiliciousology".

Fairey claims that how he "Does it" is upfront and honest. Nothing could be further from the truth. He stole works from Beltran and Mederos, complaining that he didn't figure they'd even be alive, let alone care, and didn't fess up until he received the threat of a lawsuit from the estates. He uses public domain images, changed them, copyrighted them, and now makes 30 bucks a print off someone else's work while making it ILLEGAL for someone else to use the images again.

Young Hegelian you are making too much of this, why is Baxter such a super villain on the internet? Millions of people are anonymous or assholes or both on the internet, its the internet, Who gives a SHIT and like Sean S says it doesnt do anything for him either way whether he is a klan member, kills babies, or worse case scenario supports George W Bush.

puhh thats just sad

FIrst off...Shepard has the right to do so. By law he can order a cease and desist, and any appropriation artist needs to own up to the fact that this might happen.
it comes with the territory. accepting the punishment is often part of the protest. read anything on civil disobedience.

2. orr is not just reselling art. he is taking advantage of the situation.

3. i live in portland, and a gallery/coffee shop in portland was showing some "stencil graffiti" by a local artist. one of the pieces was a direct rip off of a banksy piece. no where did it say anything about banksy, the artist was trying to pass off someone elses work as their own. a fine line between appropriation and biting style. Orr seems to be a biter.
and now claiming himself to be a martyr.

orr, if you really are an artist make some of your own.

jake

By law he can order a cease and desist, and any appropriation artist needs to own up to the fact that this might happen.

Of course, Fairey knows this all too well. After all, he was threatened with a lawsuit by the estate of Rene Mederos and, eventually, paid up royalties for stealing Mederos artwork. Unfortunately, Beltran, whom lives in Mexico now, is probably not aware of the theft of his Angela Davis. Gary Grimshaw's White Panther logo, which was released in the public domain was supposed to stay that way. Instead it was slapped on a t-shirt, copyrighted, and sold.

Fairey is a biter par-excellence.

One of my college buddies sent me this link; we've known Baxter for years, and I guess this is some new development in Austin.

1. Baxter made that image in a design course in college, and it was equally an homage to his roommate (who wore a mask to spray paint) as it was to Fairey (who was obviously an influence on Orr's style). It caught on as a cute image, and I think it adds more to Fairey's image than Fairey added to many of the images in his work.

2. In getting tips from Baxter on using Illustrator and Photoshop over the years, I can attest that he doesn't use Livetrace. I doubt Fairey does either. No self-respecting artist uses that. It is for DJs who want to make cool posters to hang up in coffee shops. I can't say either style really appeals to me, but don't go bashing their craft because you don't know composition or color theory.

3. Reselling art is against Fairey's policy? You are allowed to pay him for the art, but then you can't resell it to make money off an investment? Baxter sells his prints for around $30 as well. I wonder if he allows others to resell them.

4. I agree with most of you above, isn't this the sad outcome of pop art? I can't say I'm a fan of Warhol either, although I get his point. Sadly, his productions just don't interest me. But, his point was valid. He made his point. You pop artists don't need to make it again and again for him.

5. If Baxter says racist stuff or starts fights on web forums, there is no defense for that. If he steals portfolios, that is shady for sure. He better watch that if he wants to be a professional one day.

the thing that it comes down to...
obey giant is good art,
orr's copies are bad.

people get pissed when someone they look up to , and may not own up to that, makes it.
like all the indie kids who bitch about a band selling out when they get a better deal.

poseurs! youd take the check.

where exactly did this "official statement" come from?

jesseedwards.net
jesseedwards.net
jesseedwards.net
jesseedwards.net
jesseedwards.net
jesseedwards.net

IM RIDING DIRTY!!!!!!!!!!

"the thing that it comes down to...
obey giant is good art,
orr's copies are bad."

It's not even HIS art. Most of his works, the central or defining image is lifted from someone else's work (modified to its detriment). Most of the time even the borders and other additions are stolen, or cliparted. And he has the audacity to sell some of his stolen works for absurd amounts of money at his art gallery shows.

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 modern-day Jesus.

And also like a modern-day 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.

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.

I think they should team up and do either a dualing piece of art-war or work together on something NEW and shut themselves up. If they made a print spilt in half Orr/Fairey I'd buy one. Shepard would have to put that out there though since he's the gorilla.
Sometimes you gotta take shit and make sweet chocolate out of it. Use your resources and do something good for people. Humility. Rise above.

If anyone else thinks that's a good idea, POST IT UP!

My friend Jim said the funniest thing the other day concerning forums like this, "E-Muscles"

I don't know if it is something he made up or a common word all the kids use these days like "LOL" or "OMG" or "Knock it off Asshole, I'm a French Fry", anyways, I was quite reminded of it after reading some of these comments.

I've known Shep for a long time and he is an insane worker. His popularity and success is from himself. He didn't "sell out" for his success, he earned it. With popularity, comes a drive in the price of one's art. Shep wants his art to be affordable to people who really want it, not just to rich upper crust art buyers. He could easily stop working so hard and just focus on the blue chip market. There are a good number of "Street Artists" who's work sells in the $20,000 - $250,000 range who don't have 1/8 the history Shep has. By keeping his work accessible, he is only keeping the price of his art down since he is producing so much. So, in a way, he is the opposite of a "sell out", I mean if selling out means making money the easy way.

If Shep sucked so bad then why is he so admired by his peers? I mean, what is the point of even caring about any of this if you are not even interested in the whole genre of artists that Shep has been associated with for the past decade? If you hate it so much, create your own scene and start something new. That is what we all did when we were sick of the art scene 10 or 15 years ago. Sorry if time and hard work has caused some people to make a good living doing what they love to do but I don't call it "selling out", I call it "happiness". If people are jealous of happiness, I don't blame them cause no one likes bitter, miserable, people.

"I'm pursuing this out of principal. I have principals and Orr does not. "

...um, a "principal" is the guy who runs your high school. keeping it real is about "principles."

shep fairey has a posse, er, principal

I'm sorry I'm a loser, my art sucks

I'm sorry my art sucks too, maybe we can be friends and I can teach you how to be a real boy, here take my hand and I'll make you a better person

I really do love you Shephard, I mean I just want to be you, I want to smell like you, and have your musk under my nose when I breathe in, I want to breathe you

You know you are a success when people pretend to be you on the internet, becareful Shepard and the Obey camp might send out a PR release calling you out for being "shady"

fuck that. make war, not art. hes gettinga does of his own medicine. and how much is orr making anyways? $20 a month, on a good month? shepard is a douche bag and someone should take his diabetic ass down. he has diabetes and might lose his eyes. good now he have to see his own horrible work.

Post a comment