A popular example of the power of remix culture and transformative uses of artwork has been the popular image of President Barack Obama. The Obama “HOPE” portrait by Shepard Fairey has been become a popular symbol of the president, splashed on everything from t-shirts to books by dozens of different groups, all without Fairey demanding compensation.

Fairey based the Obama picture of an image he found on Google Image Search in November of 2008 and printed a bunch of posters. It took the internet army to find the inspiration.  The picture was traced to an Associated Press photo by Manny Garcia (with some debate, one website thinks the picture is from Reuters).

Just yesterday, the Associated Press announced it was looking into legal action against the artist.  It took three months for the news wire to even recognize the art was based on their photo and likely based their response on the conclusion of internet researchers doing their work for them.  Fairey claims his artwork is a fair use exception to the AP’s copyright. This isn’t the first time AP has abuse copyright.

The “HOPE’” portrait is an obvious transformative work, so transformative the AP didn’t recognize it until other people pointed it out. Transformative works are recognized fair use under the law.  What transformative means is up for debate, though, leaving the picture in legal limbo until the courts hash it out. The Supreme Court helped define transformative in Campbell v. Acuff-Rose Music, Inc. as:

The enquiry focuses on whether the new work merely supersedes the objects of the original creation, or whether and to what extent it is “transformative,” altering the original with new expression, meaning, or message. The more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use.

The “HOPE” poster completely transformed the expression, meaning, and message of the original press conference photo. That’s fair use and hopefully the AP gets told so by the courts.

Shockingly, the AP is taking legal action after the artist has been getting tons of press and attention because of his own freedom with copyright, allowing others to repurpose this image for causes. He even went on the Colbert Report talking about how he’s embracing remix culture, letting others make money on the poster while he gets the name recognition to sell other art (he did get on Colbert, one of my dreams).  AP’s attempt to control the copyright would limit the creative potential of the photo – potential AP obviously never saw but Fairey did.  How’s that for transformative.

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Last night, the kings of pre-late night returned after a ten week break due to the writers strike.  Jon Stewart and Stephen Colbert improvised their respective shows without the aid of a writing staff, leading to a slower pace of jokes and longer interviews.  Colbert, with his over-the-top pundit bravado, managed to fill time with his ego. Stewart found himself sidekick-less.  Still funny, but it seems even he knew the show wasn’t up to par.  And he didn’t mind jabbing at the WGA on air for not making special arrangements with his show, as well as both the writers and producers silly stances on the internet.

I worry about how long Stewart and Colbert can maintain even the current standard.  Both shows struggled but were enjoyable and smarter than most junk on TV.  But coming up with that much material four days a week is really hard.  I just have to make two or three blog posts a day and I’m exhausted.  These guys actually have to be funny.

The sting has been missing the best political commentary during the exciting roller coaster of primary season.  Both hosts focused more on the strike itself rather than lampoon the sorely in need of lampooning candidates (though Colbert reminded us of his challenge to Obama for grit-eating-off). 

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To best sum up 2007, I have combed the entertainment world to find these seven highlights that brought joy to my heart and hokey crap like that. These are the must-see movies, comics, shows, and events that every geek needs to enjoy before tackling anything in 2008.

7. Buffy Season 8

While television spin-offs remain in development limbo, the comic book world welcomed Joss Whedon with open arms. Whedon continues the adventures of Buffy the Vampire Slayer in comic book form, an unheard of use of cross media storytelling. Buffy Season 8, published by Dark Horse Comics, features Whedon and other top writers telling the stories that might have appeared on the TV screen had Buffy continued - and if Whedon had an unlimited budget. The experiment is far from over, and the first bunch of issues have yet to shock and awe in the same way the show did, but the punchy dialogue and quick wit makes this a must read because there’s nothing else like it.

6. Bioshock

If all the awards and rave reviews haven’t convinced you Bioshock is as good as the Second Coming, than you don’t deserve to wear the geek moniker. This art deco romp through philosophical mind games is one of the most unforgettable video game experiences around. The unique gameplay and soon-to-be classic Big Daddies only lays the foundation to a brilliant story filled with plot twists that affect how you view playing the video game.

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For some extra political charge, I decided to write Presidential candidate Stephen Colbert of the Colbert Report some advice for his campaign. In case you haven’t heard, Stephen Colbert announced this week on his show that he will be running for President in South Carolina alone. To help him, I laid out the people he should fill in the major positions of his campaign. This way, he can sit back and relax like Fred Thompson, but win while doing it.

Campaign manager - Michael Scott

A distant cousin of Stephen Colbert’s good friend and colleague, Steve Carell, Michael Scott has extensive experience running the Office, filled with complex emotions and responsibilities. He might not have political experience, he does have experience hunting down gays and degrading people all the while wanting them to follow him as a leader. These are the kind of qualities Colbert’s campaign needs.

Media director - Bill O’Reilly

O’Reilly may not approve of Colbert running half as a Democrat, but better the enemy you know. O’Reilly can help coach Colbert on the finer points of handling the media like telling him to always bring his own mic. That way, when Colbert goes on Russ Lieber’s radio show, he’s got a back up, just in case…

Press secretary - Samantha Bee

She beautiful, smart, and knows how to handle herself in the world of men (watch out Hillary). Bee’s career as the Daily Show’s only female correspondent shows her can work with people and the media, which is important because the press is made of people and the media. The press will believe everything she says (cause she’ll pay them too).

Policy director - Jesus

Because he’s really who gets to pick the President, right? Might as well get him on your side with a paycheck. Plus, evangelicals will finally have a candidate they can depend on. If Jesus says it’s right, who are they to argue.

Campaign treasurer and fundraising director - Jon Stewart

Colbert needs his best and only Jewish friend in charge of his money. It’s only logical. Plus, with Stewart locked into working for Colbert, he can’t run against him as some kind of October surprise (yes, those can happen in December).

Scheduling coordinator - Bobby

Colbert’s skilled stage manager already has to make sure his lord and master is taken care of. Now he can do this all over the campaign, preparing Presidential candidate Colbert’s rooms and performances… I mean speeches.

Opposition research - Killer

A major part of Colbert’s campaign, I recommend the candidate employ extensive use of negative ads attacking the various other candidates for everything from misrepresenting their policy decisions to blatantly making up stuff. Killer, the Colbert Report’s resident demolitions expert would be a sure fire hit in this position.

Lawyers - the conservative Supreme Court justices

Scalia, Thomas, Roberts, and Alito might find it inappropriate to work for a political campaign, but Scalia and Thomas already set the precedent helping President Bush get into office after the election. Now they can start earlier. Let’s begin by knocking out some of those pesky constitutional amendments like equal rights. Those just get in the way of a good campaign.

Political consultants and advisors -

P.K. Winsome: He’s rich, black, and a Republican. Colbert may not be able to see race, but voters can. Winsome (who looks astonishingly like Tim Meadows of SNL) can bring in those African-American voters.

Captain America: Okay, so he might be currently dead, but this is a once in a lifetime opportunity. Who could better bring in veterans and old people (the only people’s who’s vote matters) to Colbert’s wing? Wesley Clark’s a pussy next to Captain America. Wesley Clark ages. Captain America never has to.

Barry Manilow and Tony Bennett: They beat Colbert once. Now Colbert can never be beaten again!

Wilford Brimley - More old people. Can’t get enough of them on a campaign!

I certainly hope to see Dr. Stephen Colbert take my advice. I expect a finders fee for all these positions. I accept PayPal.

After months of speculation, rumor, and hype, television pundit Stephen Colbert has announced he will run for president of the United States…in South Carolina…as both a Democrat and a Republican.

Colbert announced this past evening on his television show, only minutes after announcing his willingness to consider running on the Daily Show.

So I must say, awesome. Colbert has played the role of his lifetime, a brilliant satire on political punditry, for more than two years. Of course he won’t admit this is just a character. He’s too in character to do so. And maybe he’s gotten so into his character, he has decided to turn his stardom and celebrity ego into a presidential campaign.

The best result of this pseudo-campaign, assuming Colbert only runs in South Carolina, will be huge publicity. Colbert might even outshine other candidates on regular news outlets. He’ll be more entertaining and charismatic than, well, all of the current candidates. So when Barbara Walters has to decide who to interview, she might think Colbert will get better ratings. Who cares that Clinton or Rudy Giuliani are the legitimate candidates. Colbert will be the more interesting. And even if this is all a gag, it’ll steal the spotlight for the short term. But it would be incredible if this is serious.

With Colbert in the running, the new media gets fun stories to follow. Comedy Central gets great publicity. Colbert becomes even more of a household name. But the other candidates finally have something that can even help them - some real competition.

The front-runners in both parties have to perform bland stump speeches, fake jokes, exclusive fundraisers, and all the while ignoring making actual policy initiatives or challenging the status quo. With Colbert in the race stealing all the local and national press with grand and radical ideas that have no hope of happening. But this could force the other candidates to come up with their own political stunts to gain attention. And this is a time when negative ads aren’t going to matter. Colbert is only running in one state. He’s not a threat when it comes to votes. But he can prevent the other candidates from getting the media and voter attention they want.

So the big questions now will be how legitimate a campaign Colbert will run. Will he make campaign stops, hopefully airing the meet-and-greets with his nighttime audience? Will he raise money? Will he seek endorsements? Will he denounce Jon Stewart and the liberal elite at Comedy Central? And then, what will the other candidates do in response?

I just want to see Colbert take Captain America’s shield to a political event. That would be a Geek-Out moment like no other.