On Wednesday night, I was scrolling through my RSS reader and checking out some articles of interest when I came across this post on ReadWriteWeb where Sarah Perez discussed a copyright infringement issue on photo sharing site Flickr. The issue at hand was a “Jokerized” photo of President Obama – “Jokerized” meaning made to look like “The Joker” in “The Dark Knight” flick – being pulled off the service for copyright concerns, namely that the familiar TIME magazine cover layout was built around the photo. Now I’m certainly not going to argue that particular issue here, but a main point in Perez’ article was whether this “transformative” photograph / artwork was something that would make it past a legal review. What happened next is the fun part.
As I continued reading the article – I typically read my posts in RSS if full feeds are available and click through to comment or read comments – I found a fascinating advertisement that took me to a poll on NewsMax.com, a well-known news organization typically identified as being on the conservative side of the political spectrum. The ad, as you’ll see below, might be considered a “parodied” look at Barack Obama with a medical cap on, with the link taking you to a poll focused on his health care policies.

So while we’re here, I think it begs us to ask the question as to whether this item (transformative or derivative – you decide!) would pass the same legal “test” as the “Jokerized” image.