The popular photo sharing website Flickr has taken down the original version of the now famous Obama Joker poster that's been sweeping the nation.
Apparently, management is concerned about a copyright infringement issue due to the appearance of the Time magazine logo in Firas Alkhateeb's parody that ended up being reprinted with the word "Socialism" at the bottom.
Oddly, a quick search of Flickr identified a number of Bush parodies with Time's logo present (vulgarity alert below the fold).
As such, one has to wonder if Flickr's decision is actually censorship. According to Read Write Web (h/t Ken Shepherd):
In a recent L.A. Times profile on Alkhateeb, it's reported that the photo generated over 20,000 pageviews during the time it was hosted on the photo-sharing website Flickr.com. However, as of last Friday, Flickr removed the photo from their site. Why? Alkhateeb says he received an email from the company stating it had to be taken down due to "copyright infringement concerns." (Apparently, TIME magazine wasn't too happy seeing their brand associated with this sort of political commentary.)
But isn't this sort of political commentary, political parody in fact, protected as a form of free speech? Noted photographer and blogger Thomas Hawk thinks it is, citing a precedent for fair use (Folsom v Marsh) which states "if you produce something that is transformative, and not derivative, then it's fair use." Although Hawk isn't a lawyer, he may be right on this one. Says Corynne McSherry, a senior staff attorney at the Electronic Frontier Foundation (EFF), a nonprofit that defends digital rights, Alkhateeb has a strong fair use defense if he was ever sued. "You really want to think twice about going after a political commenter," she noted.
Yet, a quick search of Flickr found the following:
And this (pardon the vulgarity):

And this:
Why wasn't Flickr or Time concerned with copyright issues involving these parodies?
Not surprisingly, this isn't the first time Flickr came to Barack Obama's defense:
Hawk also blogged about how the site deleted the account of a user named Shepherd Johnson after he made critical comments about Obama in the Official White House Photostream back in June.
Is Flickr protecting itself from a lawsuit by Time, or censoring free speech it doesn't agree with?
—Noel Sheppard is the Associate Editor of NewsBusters. Follow him at Facebook and Twitter.




















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Comments Policy
Obama = Joker
August 19, 2009 - 12:06 ET by MaximusBraveheartHe is the Joker. Says one thing at the election and then does another now. Guns, Marriage, bipartisan, freedom of speech for radio, it is never ending one day to the next. How can he stab us next? Selling us out to socialism, loss of freedoms. An EVIL joker at that! M-B
Which came first?
August 19, 2009 - 12:16 ET by Willis_Leon_JohnsonThe poster?
Or the magazine cover?
First use that made the picture popular enough to make the cover of the aforementioned ragazine should make first use the priority.
http://gjresult.com
Courage spelled Flickr..
August 19, 2009 - 12:16 ET by kengieFinally!! someone whose is not afraid to be right..
Courage is censorship
August 19, 2009 - 12:48 ET by upcountrywaterMay I suggest a great book.. By George Orwell 1984..
Or quick watch this movie: Animal Farm
Reagan VS Liberalism
weee
August 19, 2009 - 12:50 ET by katainkentOne liner rapid troll fire. Welcome to NB.
___________________________________________
"The tax imposed under this section shall not be treated as tax" - HR 3200 (Health Care Bill) Pg. 203. Ln 14 & 15
Oooooooo!!
August 20, 2009 - 01:07 ET by DoktorFrankenThey . . .
. . . got . . .
. . . . . . me!
Noel:
August 19, 2009 - 13:03 ET by BKeyserI've got my own Flickr site that I've been uploading to for several weeks now. Occasionally I'll post a link to particular photoshops I've created that specifically reference a particular post. My "NO HOPE" set is here if you're interested.
Cool. I have a commission
August 19, 2009 - 13:10 ET by mattmCool. I have a commission for you. How about a "CHANGE 2010" bumper-sticker?
matt~
August 19, 2009 - 13:14 ET by BKeyserI'll work on that.
Can you work in...
August 19, 2009 - 13:32 ET by Willis_Leon_Johnson"The Constitution was written to Protect me from people like Obama."
or
"Proud member of the END DEPENDENCE PARTY."
http://gjresult.com
>>>mattm, again
August 19, 2009 - 16:53 ET by BKeysertoo crude?
BKeyser
August 19, 2009 - 21:04 ET by BondPlainBondVerra nice work!
Bkeyser
August 19, 2009 - 13:22 ET by NorthCoasterLove your treatment of the pictures.
It's like I said before ...
August 19, 2009 - 13:55 ET by Crash... Obama is The Riddler, not the Joker (but a bad joke).
"Riddle me this, who's black & white & 'red' all over?"
I guess everyone will hate me
August 19, 2009 - 14:26 ET by StarAZI am sick of looking at this ugly pix. I am not a Batman, Ledger or Obama fan...so it's just ugh-mug.
~It IS ugly
August 19, 2009 - 14:30 ET by choselife3xI'm tickled that it's made the furor it has, but I'm not buying any merchandise or anything. It'd scare the kids, for one thing.
Dissent: It's not just for liberals anymore.-kudzupolitics, USA Today
They are all in a twit because
August 19, 2009 - 14:36 ET by Delsawhat the poster is actually saying is
SOBama is a two faced Joker.
He is truly a theif as he is determined to steal our Freedom and tear up our constitution.
The poster can stay up or come down but it is the Why it came down?
Free will or pressure?
Different Perspective
August 19, 2009 - 15:08 ET by JDWFelony charges
JDW
DAILY WAVE
Jobs, jobs, jobs ... Spending, spending, spending
Feeling So Penn & Teller...
August 19, 2009 - 21:03 ET by BondPlainBondBULLSH*T!
These organization that believe they're being "cautious" or "abiding by copyright laws" by "protecting Obama" when they allow even more dubious, untrue, or hate-filled items to remain regarding the conservative side of the aisle (especially President Bush) are revealing their true left-wing radical and extremist underpinnings and ownership.
Obviously they are NOT concerned with freedom of speech but are overtly concerned with the CENSORING and squelching the speech of those with whom they disagree, or those they believe disagree with the current (and insane)Administration.
Pathetic. Sad. Socialist.