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TUESDAY, FEBRUARY 9, 2010
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Poster Artist Sues AP in Copyright Fight

Fairey says use of agency's photo constitutes fair use

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(Newser) – Shepard Fairey, the artist behind the iconic Obama "Hope" poster, filed a lawsuit against the AP yesterday as a preemptive strike in their copyright dispute. The artist has asked a federal judge to rule that his work constitutes fair use of a copyrighted image. Fairey's suit comes after the news agency wrote to the artist and demanded payment and a share of the proceeds he earned from the poster.

As the New York Times writes, the fair use exception allows artists to employ copyrighted materials in a limited fashion, such as a critique or parody. The AP said it was "disappointed by the surprise filing," while Fairey's lawyers blasted the agency for "misguided threats." In a further complication, the photographer who took the original image has claimed that he, and not the AP, owns the copyright in question.

A poster of Barack Obama by artist Shepard Fairey alongside with this April 27, 2006 file photo of then-Sen. Barack Obama by AP photographer Manny Garcia at the National Press Club in Washington.
A poster of Barack Obama by artist Shepard Fairey alongside with this April 27, 2006 file photo of then-Sen. Barack Obama by AP photographer Manny Garcia at the National Press Club in Washington.   (AP Photo/Manny Garcia/ Shepard Fairey)
Artist Shepard Fairey walks out of court after being arraigned on a charge of vandalizing property in Boston District Court in Boston, Massachusetts Feb. 9, 2009.
Artist Shepard Fairey walks out of court after being arraigned on a charge of vandalizing property in Boston District Court in Boston, Massachusetts Feb. 9, 2009.   (AP Photo/Brian Snyder, Pool)
Los Angeles street artist Shepard Fairey poses for a picture with his Barack Obama Hope artwork in the Echo Park area of Los Angeles on Monday, Jan. 12, 2009.
Los Angeles street artist Shepard Fairey poses for a picture with his Barack Obama Hope artwork in the Echo Park area of Los Angeles on Monday, Jan. 12, 2009.   (AP Photo/Damian Dovarganes)
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NutsInNY
Feb 10, 09 7:21 AM CST
Good luck, Shepard Fairey (but what the hell kind of wood nymph name is THAT?)... The photog who took the original photo reportedly didn't even recognize the image, but then it was turned into a major work--that's quite a bit of value added!.... ANALOGY: some guy is chopping firewood, then some avant-garde artist comes along and turns one of the chopped logs into a work of art, then the wood-chopper suddenly wants a piece of the action. (Granted, firewood isn't intellectual property, but the analogy is relevant.) Reply
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Reader9713228
Feb 10, 09 8:58 AM CST
Perhaps that isn't the best analogy but your point is well taken. The photo that may or may not have been used looked like any head shot of the President. It would have ended up in the trash bin along with hundreds of similar photos. Now the photographer wants to assert it would have made the front cover of magazine, right. If anyone makes that cover it will be the street artist. This is too funny. Reply
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PaleRider
Feb 10, 09 8:58 AM CST
According to this administrations #2 man, it's ok to steal someone else's work. Reply
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Chilblain
Feb 11, 09 10:01 AM CST
GREED. AP not Fairley......... Reply
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Barack Obama • copyright • Associated Press • copyright infringement • Obama campaign • Shepard Fairey • Hope poster

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