ROBERT SIEGEL, host:
From NPR News, this is ALL THINGS CONSIDERED. I'm Robert Siegel.
MELISSA BLOCK, host:
And Melissa Block.
Time now for your letters, and we received several about my conversation yesterday with lawyer Margaret Esquenet. We talked about the spat between the Associated Press and graphic artist Shepard Fairey.
SIEGEL: At issue is an Associated Press photo that Fairey drew on to make his now-ubiquitous image of President Obama: the red, white and blue face with the word hope at the bottom. The AP wants credit and compensation. Fairey's attorney says the artist's work is protected by fair use.
BLOCK: Just what determines fair use? Many things, it turns out, including whether the original work was factual or creative. Here's what Margaret Esquenet had to say about that.
Ms. MARGARET ESQUENET (Lawyer): I think that the artist here would have a good argument that the photograph is factual. It's of a real person at a real event in a news context. It doesn't appear that the photographer spent time posing or arranging the lighting or arranging the background, that sort of thing. That would give it the creative elements that you'd normally see for a photograph.
SIEGEL: Well, listener Robert McCan(ph) of Newark, Vermont, disagreed with that comment. He writes, as a photographer, I make many creative decisions when photographing anything, whether in the studio or on the street. Decisions about composition, framing and the moment of exposure certainly make a difference in the success or failure of the final image.
He continues, news photographs have become iconic images in the history of photography, and the fact that they are documenting events outside the photographer's control does not mean that they are less artistic than a completely controlled fashion photograph.
BLOCK: Now, another e-mail, Robert, and this one has the subject line, Amazing Audio.
SIEGEL: Something we always like to see.
BLOCK: Uh-huh, and it comes from listener Emily Randall(ph) of Portland, Oregon. She writes, you had me in tears today listening to the air traffic communications of US Airways Flight 1549 as it landed in the Hudson River. The sounds of those voices reminded me of those we heard on September 11th, 2001 - the catch or slight hesitation when the people involved realized that today is not just another day, that this is different and will demand their full attention and their bravery.
Unidentified Man #1 (Air Traffic Controller): We can get it for you. Do you want to try to land Runway 1-3?
Captain CHELSEY SULLENBERGER (Pilot): We're unable. We may end up in the Hudson.
Unidentified Man #1: All right, Cactus 1549, it's going to be less traffic to Runway 3-1.
Capt. SULLENBERGER: Unable.
Unidentified Man #1: Okay. What do you need to land?
SIEGEL: The air traffic communications of US Airways Flight 1549. Thanks, Emily, for the e-mail, and please keep the comments coming. Go to npr.org, and click on Contact Us at the top of the page. Transcript provided by NPR, Copyright NPR.