National - by Charlie Eisenhood on Friday, February 6, 2009 6:00 - 3 Comments - 105 views

*AP “Reaches Out” to HOPE Poster Creator’s Attorney Over Copyright Infringement

hope-apAs print journalism slowly dies, so 105 apocalypse download.htm?chan=magazine+channel_opinion”>does the Associated Press. The 162-year old news wire has faced a large revenue loss over the past year as newspapers can no longer afford to pay for its service. So how can it find new sources of income?

I know! Consider Suing Shepard Fairey, LA street artist and owner/designer of Obey clothing, for violating the copyright on their photographer’s photo of Barack Obama. Fairey based his world-famous “Hope” artwork on the photo seen here (left, of course).

He openly admits to using the photo, but claims fair use, a concept allowing exceptions to copyright laws, clears him from having to compensate the AP.

Fairey created the image for non-profit purposes and distributed it on street posters. He says he didn’t receive any money for its use on the Internet or at campaign rallies.

It was an instant campaign meme, spawning Sarah Palin versions and a DIY Photobooth application. In fact, a version of the piece is already in the permanent collection of Washington’s National Portrait Gallery.

So, I ask the AP, is it really worth taking him to court? It seems like it should be payment enough that a picture taken by your photographer helped generate such a stunning portrait. What a horrible PR move. Take a look at what the director of media relations for the AP had to say:

The Associated Press has determined that the photograph used in the poster is an AP photo and that its use required permission. 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.

If they really looked at events on a case-by-case basis, it seems they would have left this one alone. God and that last sentence, “we hope for an amicable solution.” I guess if amicable means profitable, I believe you. Oh and I like that they use the word ‘hope.’ That’s the clincher. I hope they lose.

*Original post title was “Iconic ‘Hope’ Poster Sued For Copyright Infringement” but The AP promptly corrected us, pointing out that they have merely “Reached out to Mr. Fairey’s attorney and are in discussions.” AP Director of Media Relations Paul Colford tells us that “The AP has not “sued” and is not suing Mr. Fairey.” Looking for “an amicable solution” (read “money”) for a not-for-profit derivative still seems a little tacky to us.

Photo courtesy of Flickr user oceandesetoiles, used under CC license, so you can’t sue consider suing me.

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3 Comments

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David Alvarez
Feb 6, 2009 9:13

http://www.copyright.gov/fls/fl102.html

He makes no profit, case closed.

R B
Feb 6, 2009 17:28

He made nearly half a million dollars selling posters but donated it to the DNC. The copyright holder is certainly entitled to some compensation.

SF
Feb 10, 2009 11:50

There are a billion artists out there that do the same thing that Shep does and they are not sued.

The fact is, as this article nicely points out, the AP is desperate for money and attention and Shep Fairey drew a huge amount of attention and press with this artwork.

Its just another case of people trying to get in on someone else’s good time.

The fair use doctrine ABSOLUTELY applies here, the AP should p-ss off and worry about other things….

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