Shepard Fairey Accused of Copyright Infringment

February 5, 2009


Barack Obama HOPE by Shepard Fairey aka OBEY.

The Los-Angeles based street artist has been accused of infringing copyright of photographer Mannie Garcia and has been asked to compensate for it.

According to The Huffington Post:

“The Associated Press has determined that the photograph used in the poster is an AP photo and that its use required permission,” the AP’s director of media relations, Paul Colford, said in a statement. “AP safeguards its assets and looks at these events on a case-by-case basis. We have reached out to Mr. Fairey’s attorney and are in discussions. We hope for an amicable solution.”

“We believe fair use protects Shepard’s right to do what he did here,” says Fairey’s lawyer, Anthony Falzone, executive director of the Fair Use Project at Stanford University and a lecturer at the Stanford Law School. “It wouldn’t be appropriate to comment beyond that at this time because we are in discussions about this with the AP.”

Fair use is a legal concept that allows exceptions to copyright law, based on, among other factors, how much of the original is used, what the new work is used for and how the original is affected by the new work.

Legal experts offered differing views on the Obama image.
Stay tuned for more updates.

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