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
I HOPE he is convicted of perjury
Posted by: The Big Nope | October 17, 2009 at 05:16 AM
I want to know if giving white coats to fake doctors on the white house lawn was also Shepard Fairy's idea
Posted by: The Big Nope | October 17, 2009 at 05:18 AM
Sooooo what!
Posted by: bryanlee | October 17, 2009 at 05:21 AM
Right on Randy!! You have it correct! What's the big deal if the Artist is a fraud, the art is a fraud and it got a fraud elected ,and now it's plain that the whole exercise was a fraud. Why should we care now, after the last eight years , when GWB did what every leader in the free world said should be done, and before the opinon polls all reversed because the cost was high! Just keep it all up. It won't last too much longer anyway! Forgive and forget, tommorrow is another day!
Posted by: hank Keller | October 17, 2009 at 05:25 AM
I have to wonder who is paying Shep's bills. I have to practically sign over my last paycheck anytime I want to talk to my lawyer, and I'm an honest guy.
Posted by: Sheltiman | October 17, 2009 at 05:30 AM
Well this story has sure brought out the nut jobs.
Posted by: Gob Bluth | October 17, 2009 at 05:34 AM
"Lying? Big whoop! Big deal!" Isn't that what most of your readership is saying after they have read this article. "He lied, cheated, stole a photo from someone?" "I'd do it too if I could make his kind of money!" Taught in school that cheating, theft, lying is wrong? How about at home by your parents? Is it wrong in the media? How about in the city hall, the unions? How about among friends? "Hey he did it to make money and he did get some scratch for this, so more power to him!" "Yes the end does justify the means and the only problems here are with the right wing and the damned phony do-gooder Christians and Jews". "So what that he took someone else's property and sold it as his?" "He needed the scratch and got what is coming to him!" Our universities and schools today would defend this action to the end--not the end of the thefts, cheating but to the end of people being concerned with it.....
Posted by: ncdebell | October 17, 2009 at 05:35 AM
What do you expect from a guy who has never held an honest job in his life but just traveled the country on his parents' money, vandalizing whatever he wanted to and calling it "art"?
He should be sentenced to spend a year working 40 hours in some entry-level service job, flipping burgers or stocking shelves, and be required to support himself entirely on what he can earn through legitimate labor. Then maybe he might appreciate the way that most of America actually lives and understand why honor and integrity are so important.
Posted by: Lagniappe's Guy | October 17, 2009 at 05:49 AM
I'm sure Beloved Leader will pardon him and elect him a new czar title. Hm. Minister of Propaganda is already filled. I'm sure they'll find something for Mr. Fairey.
The irony is AP's only beef isn't that their picture shouldn't have been used for any non-journalistic purpose. It's that they didn't make any money from Fairey's pic: God knows they've got no problem shamelessly and breathlessly promoting Barack Obama.
Posted by: StephenRex | October 17, 2009 at 05:52 AM
The sign should read "DOPE". That's what this president is.
Posted by: Kevin | October 17, 2009 at 05:54 AM
I wonder who advised him to lie in the first place when the question came up as to who owned the photo?
Posted by: steven jensen | October 17, 2009 at 05:56 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"
---And seeing Obama in the White House reminds me of the same thing. Oh, and you won't be hiring anybody soon thanks to Obama's handling of the economy.
Posted by: StephenRex | October 17, 2009 at 05:57 AM
This whole lawsuit is ridiculous. "I love him more"...."No I love him more!". Who CARES!!!!????? He's ruining the country!
Posted by: Tones | October 17, 2009 at 05:59 AM
Fairey is just helping to spread the wealth.
Posted by: robert bluejacket | October 17, 2009 at 06:19 AM
i understand if your a photographer you own your photos, then you get paid, by AP in this case, for the pics.
Now AP has the rights and puts them in a story and gets money from other papers and advertising. For that one pic yes the is owenership anf I cant take the repica photo or article and claim it my own ok.
But
the human head and upper torso can assume a finite number of positions (smile, frown, one eye winking, head tilted, ect,), as a rough guess 10 thousand positions.
No two photographers ever took the same photo?
Look at the picture of BO above
he looks like hes on the can waiting for the mule to poke its head out the barn door.
I HOPE I can pass it.
The fellow in question cartoonized the photo, so what!
I'msure the AP didnt run an actual photo of poor obama with half of his face with blue pain on one sidw and red paint on the other.
How many other pro and am photographers have the exact same photo, millions.
Krish if I draw a picture of BO on the throne, throw the word hope or dope and sell a t-shirt. That is orginal and motivation(as I'm sure lots of people have the idea with no motivation) make some bucks for the effort, now AP clims I used thier photo, BS.
Posted by: stever austin | October 17, 2009 at 06:25 AM
He desperately needs ethical legal expertise and guidance only available from Acorn.
Posted by: Gene Autrey | October 17, 2009 at 06:30 AM
How's that HOPE working out for you, Mr. Fairey?
Posted by: CC Pony | October 17, 2009 at 06:40 AM
Yes, this "artist" lied.......That was wrong...(can he use the logic of his "messiah" to say that he only did it to "help the country"???)
As to the picture, AP might be mad that he used it, but the picture is also possibly MORE FAMOUS than it ever would have been if he HADN'T "used it without permission".....
Who knows? It might have wound up in the "dustbin" of history....right next to obama's UNSEEN birth certificate!!
Posted by: Chisco | October 17, 2009 at 06:44 AM
UUUH bill (first comment)
you knew it wasn't fair use (you mean like Warhol and Cambell's soup - or Maryln Monroe images (which were not his)
These were fair use.
Apple uses scooby doo to sell their stuff (you think they paid hanna barbara)
What is obvious 'bill' is that your ignorant of the law.
Way to open you mouth and show us all.
Posted by: gregg mcphedrain | October 17, 2009 at 06:46 AM
Art imitates lie.
or
Lie imitates art.
I can't decide.
Posted by: phatshantz | October 17, 2009 at 06:48 AM