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/
Showing posts with label Obama image. Show all posts
Showing posts with label Obama image. Show all posts
Wednesday, November 4, 2009
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
Wednesday, July 15, 2009
Obama Poster Photographer Says He Owns the Picture; New York Times, 7/15/09
Randy Kennedy via New York Times; Obama Poster Photographer Says He Owns the Picture:
"A freelance photographer who took the picture of Barack Obama that became the basis for Shepard Fairey’s well-known “Hope” poster has filed court papers arguing that The Associated Press, for whom he was working temporarily at the time, does not own the copyright to the picture.
The photographer, Mannie Garcia, said that he worked for The Associated Press for five weeks in the spring of 2006, when he took the picture of Mr. Obama listening intently at an event concerning Darfur at the National Press Club in Washington. Mr. Garcia contends in his papers, filed July 8 in federal court in Manhattan, that he received no benefits or vacation from The Associated Press during his time working for the news service and “never agreed to assign his copyright rights” to any photographs he took, so that he owns them and should benefit from any profits made from them.
Mr. Fairey and The Associated Press have been locked in a court battle for several months over the Obama image. The Associated Press contends that it owns the copyright to the picture and that Mr. Fairey misappropriated it. Mr. Fairey is seeking a declaratory judgment that his borrowing is protected under fair-use exceptions to copyright law, which allow limited use of protected materials for purposes like criticism or comment.
George F. Carpinello, Mr. Garcia’s lawyer, said that his client is saying “neither one of you should win this case - I should win this case.” A spokesman for The Associated Press said that it is “evaluating Mannie Garcia’s position, but remains confident in AP’s ownership of the copyright because Mr. Garcia was an employee of AP when he took the photo in 2006.”"
http://artsbeat.blogs.nytimes.com/2009/07/14/obama-poster-photographer-says-he-owns-the-picture/?scp=1&sq=garcia%20obama%20hope%20fairey&st=cse
"A freelance photographer who took the picture of Barack Obama that became the basis for Shepard Fairey’s well-known “Hope” poster has filed court papers arguing that The Associated Press, for whom he was working temporarily at the time, does not own the copyright to the picture.
The photographer, Mannie Garcia, said that he worked for The Associated Press for five weeks in the spring of 2006, when he took the picture of Mr. Obama listening intently at an event concerning Darfur at the National Press Club in Washington. Mr. Garcia contends in his papers, filed July 8 in federal court in Manhattan, that he received no benefits or vacation from The Associated Press during his time working for the news service and “never agreed to assign his copyright rights” to any photographs he took, so that he owns them and should benefit from any profits made from them.
Mr. Fairey and The Associated Press have been locked in a court battle for several months over the Obama image. The Associated Press contends that it owns the copyright to the picture and that Mr. Fairey misappropriated it. Mr. Fairey is seeking a declaratory judgment that his borrowing is protected under fair-use exceptions to copyright law, which allow limited use of protected materials for purposes like criticism or comment.
George F. Carpinello, Mr. Garcia’s lawyer, said that his client is saying “neither one of you should win this case - I should win this case.” A spokesman for The Associated Press said that it is “evaluating Mannie Garcia’s position, but remains confident in AP’s ownership of the copyright because Mr. Garcia was an employee of AP when he took the photo in 2006.”"
http://artsbeat.blogs.nytimes.com/2009/07/14/obama-poster-photographer-says-he-owns-the-picture/?scp=1&sq=garcia%20obama%20hope%20fairey&st=cse
Thursday, February 5, 2009
AP alleges copyright infringement of Obama image, Associated Press, 2/4/09
Via AP alleges copyright infringement of Obama image: AP alleges copyright infringement of Obama image:
"The image, Fairey has acknowledged, is based on an Associated Press photograph, taken in April 2006 by Mannie Garcia on assignment for the AP at the National Press Club in Washington.
The AP says it owns the copyright, and wants credit and compensation. Fairey disagrees.
"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."
http://www.google.com/hostednews/ap/article/ALeqM5hcqhpLfgHpcIipb1rVGvAoa5BusAD96560SG0
"The image, Fairey has acknowledged, is based on an Associated Press photograph, taken in April 2006 by Mannie Garcia on assignment for the AP at the National Press Club in Washington.
The AP says it owns the copyright, and wants credit and compensation. Fairey disagrees.
"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."
http://www.google.com/hostednews/ap/article/ALeqM5hcqhpLfgHpcIipb1rVGvAoa5BusAD96560SG0
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