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

[Allison]

Anyone who doesn't think this scam artist is stealing from other artists needs to read the article below. It outlines in great detail (and photos) no fewer than 14 instances of plagerism by Fairey. Not including the Obama poster. It's pretty shocking that this guy still has any legitimate standing in the art world.
http://www.art-for-a-change.com/Obey/index.htm

[erin]

what's with four pages of psychos going on about liberal lying and Obama and such nonsense? This person has no personal association with Obama at all, expect they're both, possibly, in the same political party.

If there's a huge liberal conspiracy to defend Shepard Fairey I sure haven't heard about it. If he illegally ripped off a copyrighted picture for profit, he's a jerk who should be punished. Any sensible person would say that, liberal or not.

Plus, I mean, you have to admit it's kind of nutty to make all this fuss about Obama lying (about what? Anything that has actually happened yet?) when you know, hello? WMD? Whatever you say about Obama, nobody's died yet.

probably wasting my breath here, I realize.

[Jim Wrenn]

Despite my not being an admirer of Shepard Fairey or the image of Obama he created or his politics, and despite my being obliged to condem Fairey's submission of false evidence to the court and to his adversary, I think the effort by the AP to pursure a copyright-infringement claim against him for his artistic adaptation of a news images makes a mockery of the very concept of a free press. The AP should dismiss it's suit and pay Fairey's attorney's fees. If the AP doesn't have the decency and judgment to dismiss it, the court should dismiss it and also award costs and attorneys' fees to Fairey.
Jim Wrenn, Editor@PoliSat.Com.

[Drudge Illiterati, PhD.]

Why are you guys so hard on Barry W. Obama?

[DontGetIt]

By the way - all you Obama-haters out there. We've decided that if you are hateful against your president then you won't be eligible for health insurance. This is how we're going to pay for the new plan. Keep on hatin'...

[Jason]

I'm no psychologist, i just play one in blog comments.

I believe with every fiber of my being that this guy believes he can say or do whatever he wants because he believes there will be a presidential pardon for him if he's convicted. So, regardless of whether or not he filed a false brief or statement, regardless of whether its fair use or not, its all moot, because he has this pipe dream of his savior washing away his sins with the swift gift of a presidential pardon.

He'll never ever admit that out loud, but i'll never be convinced that what I just laid out is precisely what is in the forefront of this thief's pea brain.

[John]

Just another hack Obama will bail out.

[Jim]

Didn't this artist work for ACORN?

What's the big deal. Too bad they don't give out Nobel Peace Prizes for artists.

[John]

This guy is a bigger liar than Obama. People say Obama has not killed anybody yet. Well for a month now the general in Afganistan has been asking for more troops for a surge. There has been 25 dead American soldiers since he notified Obama; what do you mean he isn't killing anybody. He has killed more jobs and there is no end in sight. He is printing money so fast inflation is inevitable.
The stimulas package was to create GREEN JOBS! unemployment has increased from his promising that it would not hit 8% up to now which is 9.9% nationaly. Alot higher in some states like Michagen which has been run by Demacrats for years. try 23% unemployment.
Good luck with all that Hope And Change

[mullingitover]

Thank goodness we have copyright law. The purpose of copyright, as stated in the Constitution, is to prevent innovation and provide the wealthy with a steady stream of income. Hopefully Fairey will be disappeared for his crimes, for the good of the American race.

I'm glad my fellow commenters understand the danger Fairey poses to the precious bodily fluids of our nation's youth. We must purify the nation.

[Dana Garcia]

Typical latter-day Alinsky acolyte who believes the end (electing Obie) justifies the means (lying like a rug and making a pile of money in the process).

[Gail Nobles]

All the man did was paint a picture from a photo. Besides, it is Obama's image. No one owns it but Obama. If anyone should sue, Obama should, and I don't think he even cares.

[Housefrau]

I'm wondering what right-wing blog this article got linked to. I've never seen so many comments--let alone anti-Obama (and misspelled) comments--on an LA Times web article. If only so many people read news about, and cared so passionately about, the desperate state of our City and State.

[Housefrau]

I'm wondering what right-wing blog this article got linked to. I've never seen so many comments--let alone anti-Obama (and misspelled) comments--on an LA Times web article. If only so many people read news about, and cared so passionately about, the desperate state of our City and State.

[TDM]

This has nothing to do with politics or Obama. This is about Shepard Fairey and plagiarism.

[TDM]

This has nothing to do with politics or Obama. This is about Shepard Fairey and plagiarism.

[the new]

Ridiculous nitpicking on fair use.
Even if he did use somebody else's photo as a guide, his work is NOT A PHOTOGRAPH.
He didn't steal somebody else's work and put his name on it- he created a completely new piece.
If I take a photograph of Falling Water, am I gonna get sued by Frank Lloyd Wright?

Copyright has gone too far.

[the new]

Ridiculous nitpicking on fair use.
Even if he did use somebody else's photo as a guide, his work is NOT A PHOTOGRAPH.
He didn't steal somebody else's work and put his name on it- he created a completely new piece.
If I take a photograph of Falling Water, am I gonna get sued by Frank Lloyd Wright?

Copyright has gone too far.

[Lovin'U2day]

Everything would have been fine, if the artist had written his true message....DOPE.

[Tragic Twane]

@erin...you are absolutely right!

It is a waste of time to expect any reasonable comments from the hoi polloi here.