During the 2008 election Mannie Garcia had taken a picture of candidate Barack Obama, this image was borrowed by Shepard Farley, which had become very well known. In response to the court case of Farley v. The AP, Farley who claimed fair use, States Constitution, Article 1, Section 8 with: "The Congress shall have Power To… promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." In the case of Time Inc. v. Bernard Geis Associates, the courts allowed fair use due to the event being factual and historical. This can be used in this case, Obama was the first African-American president of the United States, along with Farley making this image to advance art, this is protected by the quote above, along with the case of Blanch v. Koons, which the court allowed the use of the leg and Niagara falls for its statement on fashion. Farley's image had the statement on the election. Even in the case of Wright v. Warner Books, Inc. was claimed as fair due to the biographer's intention to educate the public using unpublished works from Richard Write in the form of letters and journal entries which constituted only one percent of the unpublished letters .
