Judge Urges Resolution in Use of Obama Photo; New York Times, 5/28/10

Dave Itzkoff, New York Times; Judge Urges Resolution in Use of Obama Photo:

"A federal judge on Friday encouraged the parties involved in a dispute over Shepard Fairey’s “Hope” poster of Barack Obama, which is based on an Associated Press photograph, to come to a resolution, suggesting that The A.P. was likely to prevail in court.

Mr. Fairey filed suit against The A.P. last year seeking a judge’s declaration that his poster was protected from copyright infringement claims. The A.P. then filed an infringement suit against Mr. Fairey, who has acknowledged the poster was based on a photograph of Mr. Obama taken in 2006 by Mannie Garcia, a freelance photographer.

On Friday, Judge Alvin K. Hellerstein of the United States District Court for the Southern District of New York said in a hearing that “whether it’s sooner or later, The Associated Press is going to win” the case.

Though Mr. Garcia has said that he was not working for The A.P. when he took the photograph, lawyers for The A.P. presented evidence at the hearing, including human resources forms and other documents, that Mr. Garcia was employed by the news service at that time and that the photograph was a work for hire.

Mr. Fairey admitted last year that he lied about which photograph from The Associated Press he used to create his poster, and covered up evidence to substantiate his lie.

On Friday, Geoffrey S. Stewart, a lawyer for Mr. Fairey, said, “Mr. Fairey would of course be happy to resolve his differences on an amicable basis with The A.P., but it does not appear The A.P. is interested in it.”

Dale Cendali, a lawyer for The A.P., said, “The A.P. was very encouraged by the hearing today and remains committed to vindicating the rights of photojournalists everywhere.”

George Carpinello, a lawyer for Mr. Garcia, had asked at the hearing to be removed from representing the photographer, but said in a phone interview that he would stay on and hoped to meet with The A.P. next week."

http://artsbeat.blogs.nytimes.com/2010/05/28/judge-urges-resolution-in-use-of-obama-photo/?scp=2&sq=fairey&st=cse