Shepard Fairey admits to wrongdoing in Associated Press lawsuit

In a strange twist to an already complicated legal situation, artist Shepard Fairey admitted today to legal wrongdoing in his ongoing battle with the Associated Press.

Fairey said in a statement issued late Friday that he knowingly submitted false images and deleted others in the legal proceedings, in an attempt to conceal the fact that the AP had correctly identified the photo that Fairey had used as a reference for his "Hope" poster of then-Sen. Barack Obama.

"Throughout the case, there has been a question as to which Mannie Garcia photo I used as a reference to design the HOPE image," Fairey said. "The AP claimed it was one photo, and I claimed it was another."

New filings to the court, he said, "state for the record that the AP is correct about which photo I used...and that I was mistaken. While I initially believed that the photo I referenced was a different one, I discovered early on in the case that I was wrong. In an attempt to conceal my mistake I submitted false images and deleted other images." 

In February, the AP claimed that Fairey violated copyright laws when he used one of their images as the basis for the poster.  In response, the artist filed a lawsuit against the AP, claiming that he was protected under fair use. Fairey also claimed that he used a different photo as the inspiration for his poster.

After Fairey's admission, a spokesman for the Associated Press issued a statement saying that Fairey "sued the AP under false pretenses by lying about which AP photograph he used."

Fairey said that his lawyers have taken the steps to amend his court pleadings to reflect the fact that "the AP is correct about which photo I used as a reference and that I was mistaken."

The artist expressed his remorse in his statement, saying that he is taking "full responsibility for my actions which were mine alone. I am taking every step to correct the information and I regret I did not come  forward sooner. "

He added: "I am very sorry to have hurt and disappointed colleagues, friends, and family who have supported me in this difficult case and trying time in my life."

Fairey's statement said he regretted that his actions would distract from the issue of fair use for artists. "Regardless of which of the two images was used, the fair use issue should be the same," he said.

Keep checking back with Culture Monster as this story develops.

-- David Ng

Photo: Shepard Fairey. Credit: Jay L. Clendenin / Los Angeles Times

Comments

[krish]

It was obvious to me from the beginning that this was not "fair use". Fair use is when someone takes some copyrighted material from one area to another area in commerce in a very very limited way without detracting it's original commercial value and also not unduly profiting in the process. Here, not only were the letter of the law violated, but the intent and the entire reason the copyright law is in place is violated.

Stealing art from art is not "fair use"; it is just stealing. Instead of just being a thief, now he is liar and cheat too.

[bill]

snorr

[Carol Ozaki]

Another of millions of parables showing honesty is the best policy.

[B Woody]

You mean someone supporting Obama lied? No Way. Can't be.

[NoBAMA]

Hey, this is kind of similar to the election. NoBAMA said, "I'll do this and I'll do that because we need hope and change!" But in the end, he's the most polar president, who failed to deliver on his promises, and who's proved to be incompetent. I never dreamed I'd think so, but it turns out, W Bush will not be the worst president. H NoBAMA will take that honor. What a sorry showing Barry, you should be ashamed of your self.

[Phil]

I supported socialism and all I got was this lousy lawsuit.

-Useful Idiot, Shepard Fairey

[not]

Typical lib-liar

[Legatus Washburn]

Is there nothing that is authentic, honest and true about this Leftist trash picker/community organizer and his supporters?

[MrVicchio]

LOL? Seriously, the guy needs to pay for the AP's legal fees at the very least. This story is actually quite funny.

[Allende]

Does it matter any more? HOPE is gone...

[SacredRoach]

Another Obama supporter lies to cover up his wrongdoing?

Wow.

I am shocked. Nay, sir, shocked and dismayed.

You'd think this was a common practice!

Oh wait...it is.

[JuanS]

Another Obama supporter playing loose with the law.

[Gary]

Fairey has done more damage to the art seen then any artist I can recall. Now besides selling out the graffiti and low bro artists. He is making a really issue out of fair use. He should of just said I used that picture now F**** off. By making himself look guilty He has more of a chance to loose this case and screw "Fair use" for all other artists....

[Jason]

Can we give him the death penalty for this?

[hippie for a conservitive U.S.]

i could care less about this artist and the photo he used
the thing i worry about is that one day there will be
posters of the "dear leader" through out, school children in the streets
singing his praises and neighbor turning in neighbor for speaking
badly of the chosen one

[Jubal Harshaw]

a lie, is a lie, is a lie, is a lie, is a lie. Attorneys do not know this. Filing a suit based upon a lie is a lie. Lying to the court is a crime. Prosecute the 'artist,' his attorneys and those that were involved. Conspiracy to lie, to present lies to a court is a crime. Prosecute them.

[Thaddeus S. Kaczor, Jr.]

Typical leftist radical... Lie, cheat, steal... Then claim 'Do Over' because 'you're intentions were good'. It's all moral relativism. As long as it's the 'correct' outcome, it doesn't matter what laws you break or what harm you cause in getting there. Sort of like much of the Obama Administration's agenda!

[MrBrownThumb @ Chicago Garden]

What an interesting turn of events. As a photography enthusiasts who has had to deal with people who think they have the right to take photos just because they are on the internet and do what they please with them, I've been rooting for the AP in this case.

[Parker1227]

Ironically symbolic of the infighting between those on the left over Health Care and Afghanistan, and other issues - and of the looming quicksand of reality that threatens to swallow up all of Obama's hope-based plans for domestic and foreign policy.

[Josh]

Leave him alone. If it were any other politican it would be made a big joke.. Suddenly anything about the joker of a president we have now has to be a race related or complicated issue. I guess all hand on deck to protect the nitwit of the White House..