Randy Kennedy, New York Times; Photographer Withdraws Lawsuit in Shepard Fairey Case:
"The photographer who took the shot of Barack Obama that was later transformed by the street artist Shepard Fairey into the well-known “Hope” campaign poster has withdrawn a lawsuit against the Associated Press, in which he claimed he was not working for the agency when he took the picture."
http://artsbeat.blogs.nytimes.com/2010/08/23/photographer-withdraws-lawsuit-in-shepard-fairey-case/?scp=2&sq=copyright&st=cse
Showing posts with label Hope poster. Show all posts
Showing posts with label Hope poster. Show all posts
Tuesday, August 24, 2010
Thursday, November 12, 2009
Judge Rules Shepard Fairey Can Get New Lawyer; New York Times, 11/10/09
Melena Ryzik, New York Times; Judge Rules Shepard Fairey Can Get New Lawyer:
"The street artist Shepard Fairey has won the right to a new lawyer in his ongoing suit against The Associated Press over the image that became his celebrated Barack Obama “Hope” poster. In a pretrial hearing, U.S. District Judge Alvin K. Hellerstein also allowed that lawyers for The A.P. can depose Mr. Fairey and his outgoing lawyers before the end of the year, The A.P. reported. The agency and the artist are countersuing each other over the rights to the image, a photo taken in April 2006 at an event at the National Press Club in Washington. Mr. Fairey recently admitted that he had lied publicly and to his own lawyers about which image he had used, which caused them to abandon his case.
He later added that he still believed that his work fell under fair-use guidelines and did not infringe on the A.P.’s copyright, a claim which his new lawyer, Geoffrey Stewart, supported, and that the agency refuted."
http://artsbeat.blogs.nytimes.com/2009/11/10/judge-rules-shepard-fairey-can-get-new-lawyer/?scp=1&sq=fairey&st=cse
"The street artist Shepard Fairey has won the right to a new lawyer in his ongoing suit against The Associated Press over the image that became his celebrated Barack Obama “Hope” poster. In a pretrial hearing, U.S. District Judge Alvin K. Hellerstein also allowed that lawyers for The A.P. can depose Mr. Fairey and his outgoing lawyers before the end of the year, The A.P. reported. The agency and the artist are countersuing each other over the rights to the image, a photo taken in April 2006 at an event at the National Press Club in Washington. Mr. Fairey recently admitted that he had lied publicly and to his own lawyers about which image he had used, which caused them to abandon his case.
He later added that he still believed that his work fell under fair-use guidelines and did not infringe on the A.P.’s copyright, a claim which his new lawyer, Geoffrey Stewart, supported, and that the agency refuted."
http://artsbeat.blogs.nytimes.com/2009/11/10/judge-rules-shepard-fairey-can-get-new-lawyer/?scp=1&sq=fairey&st=cse
Wednesday, November 4, 2009
Is There "Hope" for Shepard Fairey?; Slate, 10/21/09
Tim Wu, Slate; Is There "Hope" for Shepard Fairey? :
How does fair-use law work, anyway?
"Shepard Fairey may have hoped to teach something new about art and copyright with his iconic "Hope" poster of Barack Obama. Instead, he is accused of lying about which Associated Press photo he used. (He says he made a mistake.) But if Fairey's lying has probably made a hash of his case and lost him a lawyer, it has also raised that pesky question yet again: Just what is fair use? Was it legal for Fairey to take an AP photo and turn it into this piece of artwork?
Copyright lawyers, when asked about fair use, love to emphasize its complexity and opacity. I won't deny that fair use can be a little dense, yet I firmly believe the basics can be well-understood. My project is to demystify: a few details may be lost, but here goes."
http://www.slate.com/id/2233152/
How does fair-use law work, anyway?
"Shepard Fairey may have hoped to teach something new about art and copyright with his iconic "Hope" poster of Barack Obama. Instead, he is accused of lying about which Associated Press photo he used. (He says he made a mistake.) But if Fairey's lying has probably made a hash of his case and lost him a lawyer, it has also raised that pesky question yet again: Just what is fair use? Was it legal for Fairey to take an AP photo and turn it into this piece of artwork?
Copyright lawyers, when asked about fair use, love to emphasize its complexity and opacity. I won't deny that fair use can be a little dense, yet I firmly believe the basics can be well-understood. My project is to demystify: a few details may be lost, but here goes."
http://www.slate.com/id/2233152/
Saturday, October 17, 2009
A.P. Says Shepard Fairey Lied About ‘Hope’ Poster; New York Times, 10/16/09
Anahad O'Connor, New York Times; A.P. Says Shepard Fairey Lied About ‘Hope’ Poster:
"Lawyers for the visual artist who created the famous “Hope” poster of Barack Obama have acknowledged that he lied about which photograph he based the poster on and that he fabricated evidence in an effort to bolster his lawsuit against The Associated Press, according to a statement released by The A.P. on Friday night.
The artist, Shepard Fairey, is best known for his iconic poster of Mr. Obama — head cocked to one side, eyes pointed skyward — that gained international recognition during the presidential election. The A.P. sought credit and compensation from Mr. Fairey earlier this year, claiming that the poster was based on one of its photographs and that Mr. Fairey needed permission to use it. Mr. Fairey then filed suit against The A.P. in February, citing fair-use exceptions to copyright law, which prompted The A.P. to file a countersuit in March, claiming “misappropriation.”
But in a statement released Friday night, Srinandan R. Kasi, The A.P.’s general counsel, said that Mr. Fairey’s lawyers had acknowledged he lied when he claimed in court papers that he used a different photograph of Mr. Obama than the one The A.P. has alleged.
“Fairey’s lies about which photo was the source image were discovered after the AP had spent months asking Fairey’s counsel for documents regarding the creation of the posters, including copies of any source images that Fairey used,” Mr. Kasi said. “Fairey’s counsel has now admitted that Fairey tried to destroy documents that would have revealed which image he actually used.”
Lawyers for Mr. Fairey also acknowledged that he created fake documents to conceal which image he used and fake stencil patterns of the “Hope” and “Progress” posters, Mr. Kasi said. The statement hinted at turmoil between Mr. Fairey and his lawyers, and suggested The A.P. would continue its battle with the artist.
“Fairey’s counsel informed the AP that they intended to seek the Courts permission to withdraw as counsel for Fairey and his related entities,” Mr. Kasi said. “The AP intends to vigorously pursue its countersuit alleging that Fairey willfully infringed the AP’s copyright in the close-up photo of then-Sen. Obama by using it without permission to create the Hope and Progress posters and related products, including T-shirts and sweatshirts that have led to substantial revenue.”
Update 12:55 a.m. A lawyer for Mr. Fairey, Anthony Falzone, wrote in an e-mail message early Saturday morning: “This is a very unfortunate situation. I hope it does not obscure the underlying issues of fair use and free expression at the center of this case. But as Mr. Fairey’s attorney, it would not be appropriate for me to comment beyond that.”"
http://artsbeat.blogs.nytimes.com/2009/10/16/ap-says-shepard-fairey-lied-about-hope-poster/?scp=6&sq=copyright&st=cse
"Lawyers for the visual artist who created the famous “Hope” poster of Barack Obama have acknowledged that he lied about which photograph he based the poster on and that he fabricated evidence in an effort to bolster his lawsuit against The Associated Press, according to a statement released by The A.P. on Friday night.
The artist, Shepard Fairey, is best known for his iconic poster of Mr. Obama — head cocked to one side, eyes pointed skyward — that gained international recognition during the presidential election. The A.P. sought credit and compensation from Mr. Fairey earlier this year, claiming that the poster was based on one of its photographs and that Mr. Fairey needed permission to use it. Mr. Fairey then filed suit against The A.P. in February, citing fair-use exceptions to copyright law, which prompted The A.P. to file a countersuit in March, claiming “misappropriation.”
But in a statement released Friday night, Srinandan R. Kasi, The A.P.’s general counsel, said that Mr. Fairey’s lawyers had acknowledged he lied when he claimed in court papers that he used a different photograph of Mr. Obama than the one The A.P. has alleged.
“Fairey’s lies about which photo was the source image were discovered after the AP had spent months asking Fairey’s counsel for documents regarding the creation of the posters, including copies of any source images that Fairey used,” Mr. Kasi said. “Fairey’s counsel has now admitted that Fairey tried to destroy documents that would have revealed which image he actually used.”
Lawyers for Mr. Fairey also acknowledged that he created fake documents to conceal which image he used and fake stencil patterns of the “Hope” and “Progress” posters, Mr. Kasi said. The statement hinted at turmoil between Mr. Fairey and his lawyers, and suggested The A.P. would continue its battle with the artist.
“Fairey’s counsel informed the AP that they intended to seek the Courts permission to withdraw as counsel for Fairey and his related entities,” Mr. Kasi said. “The AP intends to vigorously pursue its countersuit alleging that Fairey willfully infringed the AP’s copyright in the close-up photo of then-Sen. Obama by using it without permission to create the Hope and Progress posters and related products, including T-shirts and sweatshirts that have led to substantial revenue.”
Update 12:55 a.m. A lawyer for Mr. Fairey, Anthony Falzone, wrote in an e-mail message early Saturday morning: “This is a very unfortunate situation. I hope it does not obscure the underlying issues of fair use and free expression at the center of this case. But as Mr. Fairey’s attorney, it would not be appropriate for me to comment beyond that.”"
http://artsbeat.blogs.nytimes.com/2009/10/16/ap-says-shepard-fairey-lied-about-hope-poster/?scp=6&sq=copyright&st=cse
Monday, March 23, 2009
Touchdown Steelerbaby, Pittsburgh City Paper, 3/19/09
Via Pittsburgh City Paper: Touchdown Steelerbaby:
"Fairey's own Obama poster is now the subject of litigation with the Associated Press, which claims the poster's imagery improperly borrowed one of its photographs. Obey Giant Art's [cease and desist] notice was delivered the same day the AP filed suit.
When news of Fairey's reversal hit the Internet, in fact, some bloggers speculated the lawsuit was the reason for the change. AP, some suggested, might have used Fairey's attack on Steelerbaby to bolster its own challenge.
But Michael Madison, a trademark and copyright-law professor at the University of Pittsburgh, says that the two situations raise totally different legal issues. AP is accusing Fairey of violating copyright laws, which govern writing, photos and other original work. Fairey's objection to Steelerbaby, meanwhile, was that it violated trademark laws, which govern logos and words used to identify a company's products. Different legal questions apply in those situations, Madison says. Legally speaking, "There is no inconsistency to what Fairey is doing."
On the other hand, Madison adds, "It looks like there is some inconsistency at the conceptual level." After all, Madison says, "He's staked his career on appropriating other peoples' works.""
http://www.pittsburghcitypaper.ws/gyrobase/Content?oid=oid%3A60579
"Fairey's own Obama poster is now the subject of litigation with the Associated Press, which claims the poster's imagery improperly borrowed one of its photographs. Obey Giant Art's [cease and desist] notice was delivered the same day the AP filed suit.
When news of Fairey's reversal hit the Internet, in fact, some bloggers speculated the lawsuit was the reason for the change. AP, some suggested, might have used Fairey's attack on Steelerbaby to bolster its own challenge.
But Michael Madison, a trademark and copyright-law professor at the University of Pittsburgh, says that the two situations raise totally different legal issues. AP is accusing Fairey of violating copyright laws, which govern writing, photos and other original work. Fairey's objection to Steelerbaby, meanwhile, was that it violated trademark laws, which govern logos and words used to identify a company's products. Different legal questions apply in those situations, Madison says. Legally speaking, "There is no inconsistency to what Fairey is doing."
On the other hand, Madison adds, "It looks like there is some inconsistency at the conceptual level." After all, Madison says, "He's staked his career on appropriating other peoples' works.""
http://www.pittsburghcitypaper.ws/gyrobase/Content?oid=oid%3A60579
Wednesday, March 18, 2009
Associated Press Files Countersuit Over Obama Poster, The New York Times, 3/11/09
Via The New York Times: Associated Press Files Countersuit Over Obama Poster:
"The Associated Press has filed a countersuit against the artist Shepard Fairey, who created the famous “Hope” poster of Barack Obama, The A.P. said in a statement."
http://artsbeat.blogs.nytimes.com/2009/03/11/associated-press-files-countersuit-over-obama-poster/
"The Associated Press has filed a countersuit against the artist Shepard Fairey, who created the famous “Hope” poster of Barack Obama, The A.P. said in a statement."
http://artsbeat.blogs.nytimes.com/2009/03/11/associated-press-files-countersuit-over-obama-poster/
Monday, March 9, 2009
Steelerbaby Blues, Pittsburgh City Paper, 3/5/09
Via Pittsburgh City Paper: Steelerbaby Blues:
"Shepard Fairey is the creator of the iconic Obama "Hope" poster. He's been admired by critics and guerilla artists, and just weeks ago he was the subject of a profile on CBS Sunday Morning. But Pittsburgh graphic designer Larkin Werner has a different perspective. To him, Fairey is the guy who is "picking on a baby."
The baby in question is Steelerbaby, a blue-eyed kewpie doll clad in a knit black-and-gold uniform. Steelerbaby became an online hit -- he boasts more than 2,000 friends on Facebook -- after Werner created a Web site for the doll during the NFL playoffs in 2005. The following year, he started designing and selling Steelerbaby merchandise at the online store cafepress.com to satisfy demand for the doll Werner describes as "slightly creepy."
But early last month, Werner learned that Fairey's company, Obey Giant Art Inc., sent cafepress.com a cease-and-desist letter, informing the online store that Steelerbaby's merchandise marked with the word "Obey" was infringing on the artist's trademark. "
http://www.pittsburghcitypaper.ws/gyrobase/Content?oid=oid%3A59932
"Shepard Fairey is the creator of the iconic Obama "Hope" poster. He's been admired by critics and guerilla artists, and just weeks ago he was the subject of a profile on CBS Sunday Morning. But Pittsburgh graphic designer Larkin Werner has a different perspective. To him, Fairey is the guy who is "picking on a baby."
The baby in question is Steelerbaby, a blue-eyed kewpie doll clad in a knit black-and-gold uniform. Steelerbaby became an online hit -- he boasts more than 2,000 friends on Facebook -- after Werner created a Web site for the doll during the NFL playoffs in 2005. The following year, he started designing and selling Steelerbaby merchandise at the online store cafepress.com to satisfy demand for the doll Werner describes as "slightly creepy."
But early last month, Werner learned that Fairey's company, Obey Giant Art Inc., sent cafepress.com a cease-and-desist letter, informing the online store that Steelerbaby's merchandise marked with the word "Obey" was infringing on the artist's trademark. "
http://www.pittsburghcitypaper.ws/gyrobase/Content?oid=oid%3A59932
Thursday, February 26, 2009
Law Professor Weighs In On 'Hope' Squabble, Fresh Air with Terry Gross, 2/26/09
Via Fresh Air with Terry Gross: Podcast [9 min. 18 sec.] and Show Summary for "Law Professor Weighs In On 'Hope' Squabble":
"Law professor Greg Lastowka talks with Fresh Air about the intellectual-property issues involved in what might be called the audacity-of-"Hope" case."
http://www.npr.org/templates/story/story.php?storyId=101187066
"Law professor Greg Lastowka talks with Fresh Air about the intellectual-property issues involved in what might be called the audacity-of-"Hope" case."
http://www.npr.org/templates/story/story.php?storyId=101187066
Mannie Garcia: The Photo That Sparked 'Hope', Fresh Air with Terry Gross, 2/26/09
Via Fresh Air with Terry Gross: Podcast [10 min. 58 sec.] and Show Summary for "Mannie Garcia: The Photo That Sparked 'Hope':
"In April 2006, Associated Press photographer Mannie Garcia took a batch of photos of then-Sen. Barack Obama at a National Press Club discussion about the crisis in Darfur. One of those photographs later became the basis for Shepard Fairey's iconic "Hope" poster, an image that came to be intimately associated with Obama's campaign."
http://www.npr.org/templates/story/story.php?storyId=101184444
"In April 2006, Associated Press photographer Mannie Garcia took a batch of photos of then-Sen. Barack Obama at a National Press Club discussion about the crisis in Darfur. One of those photographs later became the basis for Shepard Fairey's iconic "Hope" poster, an image that came to be intimately associated with Obama's campaign."
http://www.npr.org/templates/story/story.php?storyId=101184444
Shepard Fairey: Inspiration Or Infringement?, Fresh Air with Terry Gross, 2/26/09
Via Fresh Air with Terry Gross: Podcast [25 min. 34 sec.] and Show Summary for "Shepard Fairey: Inspiration Or Infringement?":
"The Associated Press has threatened to sue the artist who created the iconic "Hope" poster of Barack Obama for copyright infringement, but Shepard Fairey says his work is protected under the principle of "Fair Use," which exempts artists and others from some copyright restrictions, under certain circumstances.
Fairey based his poster on an April 2006 photo of Obama taken by AP photographer Mannie Garcia."
http://www.npr.org/templates/story/story.php?storyId=101182453
"The Associated Press has threatened to sue the artist who created the iconic "Hope" poster of Barack Obama for copyright infringement, but Shepard Fairey says his work is protected under the principle of "Fair Use," which exempts artists and others from some copyright restrictions, under certain circumstances.
Fairey based his poster on an April 2006 photo of Obama taken by AP photographer Mannie Garcia."
http://www.npr.org/templates/story/story.php?storyId=101182453
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