Artist Flames Protest with Smokey the Bear [Video] - YouTube Lawyers.com Legal Beat

If you're of a certain age, you know the image of Smokey the Bear, and the message he delivered: "Only YOU can prevent forest fires!" But Lawyers.com videojournalist Ed Alpern reports when Brooklyn activist and artist, Lopi LaRoe, became involved in protesting hydraulic fracturing (also known as fracking) on federal lands, she envisioned Smokey in another way. She created a banner where Smokey said, "Only YOU can prevent faucet fires!" The image spread like wildfire on the Internet. A lot of people loved it and wanted it on a t-shirt. So Lopi created a t-shirt design, printed shirts and sold them. Still people wanted more, so Lopi made them available online. This caught the attention of the U.S. Department of Agriculture Forest Service, which holds the rights to Smokey's image. Lopi received a cease and desist email. It said her use of the image was unauthorized and a statute authorized collection of royalties and criminal penalties of six months in prison and fines of up to $150,000. Evan Sarzin, an attorney in New York, wrote a response to the Forest Service's cease and desist letter. He said Smokey being an image, a recognized icon, doesn't hold himself above political or cultural comment. Lopi's Smokey fits the definition of a parody because her image transformed the original. Evan said you can lampoon or parody something. It doesn't matter if it is sophomoric and flat or serious and precise comment. It is still protected. Helen Cleveland, the manager of Fire Prevention at the Forest Service told Lawyers.com that before Lopi started to sell products, it was freedom of speech. But after Lopi started selling the t-shirts, she violated the Act. Helen said the matter has been referred to USDA lawyers. Now, a national advocacy group, the Forest Service Employes for Environmental Ethics has taken up Lopi's cause. In 1993, before becoming the FSEEE executive director, Andy Stahl was part of a group that successfully sued the Forest Service to use Smokey's image for an environmental ad. He also sees the Forest Service as losing its case against Lopi. Lopi is not backing down. If the Forest Service sues her, she said it will garner more attention to the cause. "We want our messages to be amplified. That's why I make political art," said Lopi. She continues to make t-shirts, a move most likely to fan the flames.

Artist Flames Protest with Smokey the Bear [Video] - YouTube
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