Saturday, October 17, 2009
Shepherd Fairey, the creator of the iconic "HOPE" poster of Barack Obama during the 2008 campaign, might now regret his violation of fair use. In a story the AP must take some joy in publishing, the wire service reports:
Shepard Fairey's claim that he had the right to use a news photo to create his famous Barack Obama "HOPE" poster became a widely watched court case about fair use that now appears to have nearly collapsed.Running next to the story is graphic of the poster next to the original AP photo shot by Manny Garcia.
By Friday night, his attorneys — led by Anthony Falzone, executive director of the Fair Use Project at Stanford University — had withdrawn from the case and said the artist had misled them by fabricating information and destroying other material.
Fairey himself admitted that he didn't use The Associated Press photo of Obama seated next to actor George Clooney he originally said his work was based on — which he claimed would have been covered under "fair use," the legal claim that copyrighted work can be used without having to pay for it.
So if the HOPE poster was based on a lie...