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

[Donzi]

Its all a lie - Democrats are just no that bright to begin with...

[Ron Maiden]

Shepard Fairey will be remembered as the Leni Riefenstahl of our time.

[Joseph]

This is just so sad. It seems EVERYTHING and everyone associated in any way with Obama is corrupt. I cannot begin to tell you the disappointment felt by myself and my family, all of whom voted for this man.

Although we are mostly registered Ind voters we have tended to vote with the Democrats more then the Republicans and this time we were sure Obama would make a difference. Instead what we seem to be getting is even more lies and deceit then before.

I can't speak for the rest of my family of course but as for myself, it will be a long time before I vote with these people again.

[BMF]

It's beginning to seem that everyone connected with Obama is either directly or indirectly tainted in some way. Even the artist who created "Hope" turns out to be a hopeless twit. I wonder if he paid his taxes?

[E Pluribus Unum]

I am utterly amazed how ignorant and sick my Country is becoming judging by this "Comments" section. #1- To the fool calling themselves "Scooter Libby" here, that equated some idiot lying about a copyright issue to Scooter Libby participating in the illegal outing of an covert CIA agent, who then further proved their ignorance by saying "he should go to prison like Scooter Libby did", when Bush commuted his sentence like a REAL crony (not some made up crap for those who can't think for themselves and research the truth, and just accept whatever is said by some TV or radio clown who makes all their money dividing and damaging our Nation in ways that our Country's real enemies could only dream of being able to do), you are an idiot; and #2- This artist is an idiot, true, but he is not part of OUR President's administration just because he made some posters and supported him. YOU are blindly participating in the destruction of our Country, of all that holds us together as a Nation, accepting political talking points meant to divide us because Republican'ts in Congress are scared that after the previous 8 years, if they don't just do everything they can to delegitimize Obama then they'll stay out of power, even if that means the death of the UNITED part of the United States. That is a MUCH bigger threat than anything that is actually happening beyond the fiction of Fox News and Limbaugh. Congress is screwed up on both sides, but you just repeating lies about our President after he's barely had time to begin cleaning up the biggest mess given a President since at least the Great Depression. Maybe you should move to China, as in this Country if we don't like a President there's these things called elections for that rather that just sinking the whole ship in some tantrum cause you didn't get your way, traitors.

[South Kakalaki]

I wonder if AP paid Obama for taking pictures of Obama's face? Surely if anyone has a right to photos of individuals its the person and not the photographer. I suspect AP didn't even ask Obama if they could take his picture. After all Obama has spent years living in and working on his face and the picture was taken in less than one second! How about all the caricaturist that AP uses ... do you think they travel across the globe and take their own reference pictures?

[Karla]

AP should put this thief out of business. He ruined America.

[Vinnster]

Just another crook associated with the The Messiah.

[BMF]

To "Makes My Stomach Turn":

You say: "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!"

You are all mixed up. The correct analogy would be if Shepard Fairey stole your lawn mower, modified it, claimed your lawn mower actually belonged to someone else, and then sued you for accusing him of stealing. Geeze!

Perhaps Fairey wouldn't be in so much hot water if he had simply asked the AP to borrow their Obama-mower instead of stealing it.

Copyright laws are there to protect the artist who created the material. The pictured doesn't belong to Obama. It belongs to the artist who took it. He was the one who created the lighting, the pose, the expression, the mood... the artistic value. In this case, Obama was simply the mannequin the artist used to create his masterpiece.

Maybe he should have used a picture of Karl Marx instead. He's been completely discredited, no one cares enough to sue anyone over using pictures of him, and he probably better represents the Hope we are experiencing today.

[neverwill]

Hey Mr. Bill Dawson,
Before coming off as Mr. Smarty-Pants, how's about a bit of due diligence. Sadly ironic, the crux of the story and all... That now famous quote is by Mark Twain. I live to pick nits.(wits)...rather.

[BMF]

It's beginning to seem that everyone who is directly or indirectly associated with Obama is tainted.

Remember that is was the NEA (National Endowment of the Arts) who praised Mr. Fairey for his contributions to Obama's campaign success and urged other artists to follow his example.

Therefore, everyone needs to be on alert. Zealous Obama artists apparently are not sufficiently creative to produce original works of art. They may take you're copyrighted material to use in their the next Obama support poster--causing you to be sued for trying to protect your intellectual property rights.

In any event, I wonder if Mr. Fairey paid his taxes.

[Annasa]

Perhaps Shepard Fairey needs to do a poster of himself and under it write the word, "LIAR".

Or maybe "fraud" or "thief".

[Jill]

Another Fairey for Obama, and what does he get in exchange for his support of BO? Nothing but trouble.

There's a lesson here for other libs, if they have any humility at all to learn from it.

[Spell Chekcer]

Gary.....although I agree with your comments, try proofreading before you post. Your comment makes you look rather illiterate. It’s remarkable that no matter how good someone's argument is, if its full of mistakes, it makes one look quite stupid

[Dennis]

Hope begats dope

[circusnuts]

This is ridiculous. I must say though, this whole picture thing is weird. Case in point -- buddy of mine was in Army Old Guard at National Cemetery & had July 4 shift as tomb guard (Tomb of the Unknown Soldier) & later found pictures of himself from that day were part of a Time magazine article. Thought the pictures were excellent & called Time for a copy. They referred him to photographer who wanted a few thousand for a picture. That being more than an E6 makes each month, the answer of course was no. Anywho, there's a lot of weird stuff surrounding these protections.... & this guys an idiot... but I completely support his honesty. So, lets pay the piper & move on with our lives -- no harm & no foul.

[ricardo maxwell]

As many, many others have already stated, birds of a feather flock together.
Lying, cheating, stealing, slander, libel, false accusations, etc... are all parts of the leftist tool kit. The end that they have in mind ALWAYS justifies their means.
Let's stop this bloodless coup now while we can still rescue and recover the greatest show on earth.

[sydney jane]

The AP is obviously racist. Probably run by conservatives, too. And teabaggers.

[PrincessRazzleberry]

REGARDLESS:
He created a poster that started a cult -- which included a lot of kool-aid, lies, and stupidity. and look at where we are now? knee deep in doo-doo

My children and grandchildren's lives have been mortgaged, and soon we will have an incredibly ineffecient heathcare system that will bankrupt our country and our health as well

Thanks BO voters

[Superpower]

An appropriate metaphor for the current administration.