Artist Sues The A.P. Over Obama Image

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Artist Sues The A.P. Over Obama Image
http://www.nytimes.com/2009/02/10/arts/ ... l?ref=arts

In a pre-emptive strike, the street artist Shepard Fairey filed a lawsuit on Monday against The Associated Press, asking a federal judge to declare that he is protected from copyright infringement claims in his use of a news photograph as the basis for a now ubiquitous campaign poster image of President Obama.

The suit was filed in federal court in Manhattan after The Associated Press said it had determined that it owned the image, which Mr. Fairey used for posters and stickers distributed grass-roots style last year during the election campaign. The photo, showing Mr. Obama at the National Press Club in April 2006, was taken for The A.P. by a freelance photographer, Mannie Garcia.

According to the suit, A.P. officials contacted Mr. Fairey’s studio late last month demanding payment for the use of the photo and a portion of any money he makes from it.

Mr. Fairey’s lawyers, including Anthony T. Falzone, the executive director of the Fair Use Project and a law lecturer at Stanford University, contend in the suit that Mr. Fairey used the photograph only as a reference and transformed it into a “stunning, abstracted and idealized visual image that created powerful new meaning and conveys a radically different message” from that of the shot Mr. Garcia took.

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BOSTON — February 7, 2009 08:30 PM EST
A street artist famous for his red, white and blue "Hope" posters of President Obama has been arrested on warrants accusing him of tagging property with graffiti, police said Saturday. http://www.huffingtonpost.com/2009/02/0 ... 64872.html

Shepard Fairey was arrested Friday night on his way to the Institute of Contemporary Art for a kickoff event for his first solo exhibition, called "Supply and Demand."

Two warrants were issued for Fairey on Jan. 24 after police determined he'd tagged property in two locations with graffiti based on the Andre the Giant street art campaign from his early career, Officer James Kenneally said. One of the locations was the railroad trestle by the landmark Boston University bridge over the Charles River, police said.



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http://www.aphotoeditor.com/2009/01/27/ ... ie-garcia/
“Of the iconic poster he said, ‘I’ve been on the campaign for twenty something months, so I would see the artwork, I would photograph it, and think what is with this image? But it didn’t snap. It never occurred to me it was my picture. I thought, ‘that’s familiar.’ I would see it and say that’s cool, but it did keep sticking in my head.’ He was quick to add he is not mad at Fairey, and he’s not looking at any lawsuits. ‘I know artists like to look at things; they see things and they make stuff. It’s a really cool piece of work. I wouldn’t mind getting a signed litho or something from the artist to put up on my wall.’”