Photo Direct News (PDN) reported yesterday that NORML (the National Organization for the Reform of Marijuana Laws), is useing this image of President Obama in a poster to promote their organization. NORML is doing this without consent from the photographer Lisa Jack or the agency who licenses the photo, Getty. Below is a quote PDN obtained from Getty:

“Getty Images is committed to protecting the intellectual property rights and livelihood of the artists whose work we license. NORML is engaging in unauthorized use of Getty Images photographer Lisa Jack’s photograph of President Obama. Despite our requests, NORML continues to exploit the image without any license or permission of the copyright holder. Ironically, they even post a copyright notice on their infringing poster. We reject their position that this use is protected as fair use, as it is neither parody nor satire, and their fair use position is particularly troublesome given that NORML stands to profit from selling the posters. This unauthorized commercial use of the photograph constitutes copyright infringement, and Getty Images will aggressively pursue this matter as the copyright representative of the artist.”

In my humble opinion, the leaders over at NORML need to lay off the ganja when making crucial decisions. There is no getting around the fact that they are using this image for a commercial endeavor. Fair use does not apply to how this image is being used. A few questions to my bong smoking brothers and sisters:

a) do you really want to piss off the artistic community?
b) do you want to piss off the President who could possibly help your cause.
c) do you want to tangle with Getty Images? They have seriously deep pockets and it sounds like they are willing to go all the way on this one.

The decision to use this image was stupid. The decision to not cease using it is beyond moronic and offensive to people who try to make a living with their art.