Artist Admits He Used AP Photo to Create of Iconic HOPE poster
EmailABC News' Jordyn Phelps reports:
Attorneys for the artist Shepard Fairey, who created the iconic HOPE poster of President Obama, admitted that he based the poster off of an Associated Press photo in legal papers filed Friday.
The Associated Press has been undergoing a long legal battle with Fairey over his use of the copyrighted image since February. The Associated Press made the claim that Fairey had used an AP photo to create the poster.
At the time, Fairey admitted to using the image but disputed Associated Press’ claim that it deserves credit and compensation. Fairey sued the AP for its claim, arguing that his use of the image was “fair use,” which would exempt him from compensating the AP. The AP countersued Fairey in March.
“Fair use” is a legal protection that allows for certain copyrighted materials to be reused in some cases when the work has been altered in such a way that it can be determined to be a new work.
Fairey later altered his case, claiming that he had used a different photo entirely, in which then-Senator Barack Obama was seated next to actor George Clooney in 2006.
Friday’s papers are an alteration from this position. Fairey now admits to using the AP image.
The photo used in the poster was taken by Associated Press’ Mannie Garcia in April 2006 at the National Press Club in Washington.
Fairey’s poster has been on permanent display at the National Portrait Gallery in Washington, D.C since January.
–Jordyn Phelps
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Eh, just art. Just words. It’s ok to take from others if you’re a liberal. After all, if someone else has something you want, it’s only fair you should have it, too. It’s the new american way. mmmm…mmmm…mmmm.
Posted by: jennifert7 | October 20, 2009, 7:05 pm 7:05 pm
isn’t the Obama image a public good? Like a depiction of Madonna or the baby Jesus everyone should have the right to make icons, paintings, or images of “The One”. Obama should take a small break from his decrees, nationalizations, and executive orders and make a royal decree that the image of “The One”, peace-be-upon-him, shall be hereafter fair-use so that everyone on earth may see the light and worship as they please.
Posted by: Ed | October 20, 2009, 7:26 pm 7:26 pm
I do hope the photographer is very well compensated for his photograph that used without his permission.
It was the photographer that created the original art – without it there would be no Shepard Fairey Obama art. (I am sure Fairey tried the “Photoshop vector art” filter on many photographs and this photo worked the best.)
Posted by: Artist | October 20, 2009, 7:53 pm 7:53 pm
They should change “Hope” to “Hopeless”
Posted by: 03christiangirl | October 20, 2009, 8:11 pm 8:11 pm
If you watch this video on how it was done it does make you wonder, at what point (if any) does a piece of art become a new creation, copyright-divorced from its original inspiration? It’s not that easy a question — especially when dealing with public figures, where there’s always been a greater fair use exception.
Posted by: Jake | October 20, 2009, 8:44 pm 8:44 pm
These socialists are such hypocrites. They favor increasing confiscation of property while going after each other on petty personal property rights matters. They have no problem confiscating other people’s property but stay the heck away from theirs.
Posted by: Jon Samuel | October 20, 2009, 8:55 pm 8:55 pm
Now even image for the famous poster is stolen… I think ABCNews should be more supportive of our President when reporting such disturbing news.
Posted by: H1N1hysteria | October 20, 2009, 8:55 pm 8:55 pm
Idiot. He had a perfectly reasonable fair use case that raised some important questions (along the lines of who owns the copyright of a photograph of a painting displayed in a public gallery – the painter or the photographer?). By lying and acting in bad faith he’s wasted the court’s time and delayed the development of some useful case law and definitions.
Maybe the judge will see an appropriate path to fine and sanction him without having to toss the valuable argument development that has occurred on both sides of an interesting issue.
Posted by: jhw539 | October 20, 2009, 9:03 pm 9:03 pm
Steal This Hope
Posted by: Foghorn Leghorn | October 20, 2009, 9:24 pm 9:24 pm
This is a pathetic excuse for journalism. It’s becoming more obvious by the day that ABC news is becoming less objective and is turning into a propaganda machine, trying to mirror its new right wing viewers who have finally realized Fox is worthless. If you’re running out of reasons to attack the president directly, do a story like this.
Posted by: Dave | October 20, 2009, 10:10 pm 10:10 pm
Thank you Mr Tapper for making your point on fox newsin the white house breifing room. You must be for a person who believes that all opinions matter. You were able to stand up for many americans who would like there voices heard.Which is what ABC once was for! I would like to thank you again,God bless us all who live in america.
Posted by: cmtemplin | October 20, 2009, 10:16 pm 10:16 pm
As usual The Bamster is the centerpiece of another conflict. This is FINALLY going to end in about 3.5 years…and what a wonderful day that will be. Er, unless Mickey Mouse and Bettie Boop strike again.
Posted by: Wes | October 20, 2009, 11:03 pm 11:03 pm
Come on AP. Leave him alone. You’re just jealous.
Posted by: ttt | October 20, 2009, 11:11 pm 11:11 pm
art classes regularly encourage students to use other works as inspiration. if it is illegal behavior, schools, both high schools and colleges need to stop encouraging people to do it too.
Posted by: R.L. | October 21, 2009, 12:58 am 12:58 am
Look at that picture…..one word…. CREEPY. The past 3 years have felt this way. Today when I wake up, it does not feel like America anymore. I am young, grew up very liberal. I then figured out I would LIKE to be sucessful but would have to work hard. Why though? When I can get the same condo my parents have worked so hard for, get WIC, section 8, welfare, food stamps, and now super cheap if not free healthcare (who knows what it will cover…DO YOU KNOW? copays? dental? vision? deductibles?)why even bother working when I can have the same for free?
Posted by: stickman | October 21, 2009, 1:00 am 1:00 am
Maybe sell a little green? Drop a track? Or have a few ladies on one? Get it? Huh? Do you crazy lefties get it? I AM POOR! I want nothing from you except to get out of my way and let me try to work hard for what I want. STAY OUT OF MY BANK ACCOUNT! Pay for your own healthcare.
Posted by: stickman | October 21, 2009, 1:03 am 1:03 am
Oh my gosh. You’ve got to be kidding me. So what he used the picture. People whine about anything these days. I’m sure AP will settle out of court for a cool 12 billion dollar lawsuit. What has this country come to. Hey, AP, take your ball and go home, nobody wants to play with you whiners.
Posted by: J | October 21, 2009, 6:03 am 6:03 am
Yes, everyone thinks it’s petty. But if it was YOUR photo that was used, you’d probably feel differently.
Then again, maybe not. You’re all still worshiping Obama as if he were a god. You’d more than likely appreciate a few more “Obama/Jesus” pictures.
Posted by: Hosfac | October 21, 2009, 8:23 am 8:23 am
Question: What is the difference between ignorance and indifference?
Answer: I don’t know and
I don’t care
Posted by: Mike Hunt | October 21, 2009, 12:37 pm 12:37 pm
I got the same poster of Obama but instead of “Hope” it says “Nope”.
Posted by: peter king | October 21, 2009, 4:29 pm 4:29 pm