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









Scooter Libby went to jail for doing ONLY PART of what "Sheppy" herein did.... Sheppy not only DESTROYED evidence, he LIED under oath (YES, a signed Original Petition with which to begin a lawsuit, IS an OATH ), and he CONCEALED evidence. It probably constitutes PERJURY as well.
Sheppy should go to jail too.... JUST LIKE Scooter Libby was required to do.
OR, alternatively ( because Sheppy worked for the OBAMA CAMPAIGN, he can probably exercise his right to the usual DOUBLE STANDARD extended to the Obama nut-balls....
Posted by: ScooterLibby | October 16, 2009 at 09:31 PM
As with everything else about the "Da Messiah from Chicago"; it's all a misrepresentation!
Posted by: Rick | October 16, 2009 at 09:37 PM
Jeez- It was so obvious that Shepard Fairey was lying. That photo was the picture of Obama on his Wikipedia page when he announced for President. There was never any doubt where Fairey had borrowed the image from.
Posted by: greenewilli | October 16, 2009 at 10:00 PM
Modern ethics.
If the idea that you should not lie sounds hopelessly quaint to you, then you are part of the reason our society, and in particular our economy, are collapsing.
Even our money is a lie: worthless bits of green paper, representing nothing, printed up and handed out by the trillion as patronage to the politically well connected.
Posted by: Mark V | October 16, 2009 at 10:10 PM
I am a very honest person once I get caught lying!
Posted by: Marat | October 16, 2009 at 10:34 PM
WOW!
What a lot of hater comments here...
you're a sad lot.
Crazy how ya want him to go to prison for this or to actually even give him the death penalty over a credit to 1 photo or another!
I mean really?
Ya serious after the absolute insanity of the last 8 years?!
Posted by: Randy | October 16, 2009 at 10:39 PM
Didn't see that one coming. And you say he's an Obama supporter?
Posted by: Menlo Bob | October 16, 2009 at 10:58 PM
It's ok for the Obama and his supporters to lie because they're doing it for the Good Cause. Don't people realize they're lying about everything ? Health care reform ? Stimulus plan ? Budget ? Caps and Trade ? Man-made climate change ?
Posted by: xiaobo | October 16, 2009 at 11:00 PM
The opinions expressed here are those of the willfully ignorant individuals who posted them and not the Los Angeles Times, the City of Los Angeles, The State of California, the United States of America, the inhabitants of the Planet Earth, or the citizens of the Milky Way Galaxy and the Greater Universe.
Just because you can type, does not mean that you should.
Learn. Then think. Then share. Anything less reveals your stupidity.
"Better to remain silent and be thought a fool than to speak out and remove all doubt." -Abraham Lincoln
Posted by: Bill Dawson (XK9) | October 16, 2009 at 11:11 PM
Yet another lib who believes the ends justify the means. These people believe they can do no wrong as long as they're doing it for the "right" reason, everyone else's rights be damned.
Posted by: Bobby J | October 16, 2009 at 11:14 PM
the right-wing spamathon in this comment section made me forget what the article was about. page up. oh that's right. AP's intellectual property was not as interesting as someone's skill for design and photoshopping. no surprise here.
Posted by: artisbetterthanap | October 16, 2009 at 11:15 PM
Hey, his intentions were good. Give him the Nobel Peace Prize.
Posted by: jilliangood | October 16, 2009 at 11:26 PM
Image is not everything! Real hope can only be founded on truth. Lies form the foundation of this administration's modus operandi. Hope will wane as the deceptions continue to grow; taking root in the sincere but naive hearts of the American people. Do your homework! Expose the truth and bring real hope to America. The future depends on it! This is nothing; child's play compared to the rape this administration has planned for America.
Posted by: steve jensen | October 16, 2009 at 11:40 PM
Pop Icon shepard fairey goes DOWN over NOPE BAMA.
Sad AND ironic.
I'm gleeful and gloating
andre the giant is turning over in his grave, also gleeful
Posted by: Breauxman | October 16, 2009 at 11:42 PM
This Fairey is all about reproducing other people's works as his own. There are other examples here:
http://www.art-for-a-change.com/Obey/index.htm
Posted by: Joey Jameson | October 17, 2009 at 12:07 AM
Can we all just die, please?
You don't suppose we are all getting a little petty, do you?
I wonder what happens in the "next life".
Posted by: Kent Stork | October 17, 2009 at 12:07 AM
HOPE? TRANSPARENCY? WHAT A CON JOB THAT, TOO MANY PEOPLE FELL FOR.
Posted by: sally | October 17, 2009 at 12:16 AM
How did his inspired creation hurt your organization--so prove your damages, AP! He could have used any photo for that inspiration. What makes you think you have some kind of exclusive claim on Obama's likeness? ...If anyone owns the image, it belongs to Obama--its his face, his expressions, not yours!
Good GOD!! Copyright laws are out of control and need to be reworked. If hardware was 'protected' by the same copyright laws, you'd go to jail for loaning your lawn mower to your neighbor....geez!
Posted by: makes my stomach turn | October 17, 2009 at 12:53 AM
Don't worry Shep, I'm sure Attorney General Holder will get you out of this mess. After all, look what he did for Marc Rich.
Posted by: KarenJ | October 17, 2009 at 01:04 AM
Watching partisan tools try to tie Obama in to this artist's dishonesty reminds me how stupid and easily led most people are.
Can't wait to start hiring and exploiting you geniuses!
Posted by: Greg | October 17, 2009 at 01:07 AM