Shepard Fairey to settle 'Hope' poster case with Associated Press

Artist Shepard Fairey and the Associated Press confirmed Wednesday that they are settling out of court their legal case that involves Fairey's "Hope" poster depicting then-Sen. Barack Obama. But a lawyer for the AP added that the news organization is still pursuing its case against Obey Clothing, in which Fairey is a partner and that has reproduced the image on various items of clothing.

Fairey's poster of Obama was inspired by a photograph taken by an AP freelancer in 2006. The AP subsequently accused the Los Angeles artist of copyright infringement, with Fairey maintaining that it falls under fair-use laws.

A settlement means that the March trial between Fairey and the AP in New York will not take place. As part of their settlement, Fairey has agreed he will not use another AP photo in his work without obtaining a license from the news organization. 

The two sides also have agreed to share the rights to make the posters and merchandise bearing the "Hope" image. In addition, Fairey and the AP have agreed to additional financial terms that are confidential.

"I am pleased to have resolved the dispute with the Associated Press," Fairey said in a statement. "I respect the work of photographers, as well as recognize the need to preserve opportunities for other artists to make fair use of photographic images. I often collaborate with photographers in my work, and I look forward to working with photos provided by the AP's talented photographers."

A spokesman for Fairey said the artist did not have any further comment beyond his prepared statement. However, the spokesman said that the criminal investigation into Fairey, which involves the artist's admission that he knowingly submitted false images and deleted others as part of the case, is still ongoing.

An assistant at Fairey's L.A. studio said the artist was out of town on Wednesday and could not be immediately reached.

The AP's case against Obey Clothing has not been resolved, according to a lawyer for the AP. In the past, Obey has reproduced the "Hope" image on various items of clothing that are available for sale to the public.

"We believe that what Obey Clothing has done, which is to make lots of commercial use of the design, is quintessentially not fair-use," said Dale Cendali, a partner at Kirkland & Ellis in New York, who serves as the AP's lead counsel on this case. "But it is something that the AP would happily license."

Cendali declined to comment further on the Fairey or Obey cases.

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Video: Fairey talks about his "Hope" poster

 

-- David Ng

Photo: Shepard Fairey stands in front of one of his "Hope" posters. Credit: Jay L. Clendenin / Los Angeles Times

Comments

[Steven M.]

I would have tolkd AP to "stick it," filed a countersuit for harassment and take my chances at trial.

Kust like all Libs, all mouth and no backbone.

[Brandon]

The photo image of Obama is what inspired Shepard Fairy to do his artwork. If the photo was boring or a different angle, it wouldn't look good, and wouldn't be used as art. Fairy stole this image without asking for permission. He then put down colors to represent lights and and darks. He did not, however, change the image enough for it to be called his own. All Fairy's Obama portrait is, is a glorified paint-by-numbers piece. Not that I don't think it looks great, but it is not 100% his own by a long shot. This should not be protected by fair-use laws as it is basically artist plagiarism. Learn how to create your own reference work Mr. Fairy! Just because you find a nice, seemingly random shot of Obama. A picture you think has fallen through the cracks so you don't have to give the photographer credit. Doesn't give you the right to try to steal it. Shame!

[Adreana Langston]

I watched Exit Through The Gift Shop last month and in that documentary Shepard Fairey seemed offended that the subject of the film "Theirry" became a financial success in the "street art" world by simply appropriating the work of others and slightly repackaging it. That is just what he did the the AP photograph. The hypocrisy is staggering.

[Tony C. Mozorelly]

Its not about the mony! shepard, banksy,and even MBW make art so that others can injoy it. and are not in it for the mony! but the for those AP guys all thay want is mony!

[Bill D.]

Try modifying one of Shepard Fairey's works, and adapting it into your own.

Watch how quickly the lawyers descend.

[The O of Delphi]

Brandon

I have been an IP lawyer for many years and can say that under the US copyright statutes as supported by recent case law this is absolutely fair use.

[Chris Yoerg]

Hope = Nope

[Bodhi]

This is all about lawyers making a dis-honest living for themselves.
How many rip-off's of the Obama Hope poster have you seen? And how many bootleg clothing, coffee mugs, napkins, ashtrays, throw blankets, posters, and any other houseware items have been produced with this image, not affiliated with Obey Clothing?

If the AP is going after Fairey and the Obey Clothing Company, they should be going after the companies illegally capitalizing on Shepard's artistic rendition of a photograph.

Is anyone making any money off of Warhol's Marilyn Monroe picture? I'm sure he took the image from a photograph.

[Photoshop User]

Here's the formula - run the posterize filter in photoshop on sections of the original photograph, then create a line conversion on others, and sandwich the two. The font is Helvetica Compressed. Colorize to suit. Any first year digital design student can do it. Drawing skills required - zero.

As a long-time graphic designer who is careful about avoiding copyright infringement, I think this case is a slam dunk in favor of AP. Mr. Fairey crossed the line in ethics and legality.

[Melroser]

Shepard Fairey is an artist in the same way that Sarah Palin is a political leader. Everything they have ever done is ripping off other people who are smarter and more talented than they are. They are the scam artists of our time.

[Rake]

the AP should get on with life. their photographs are used and misused constantly. they went after fairey for the chance of using his success for their own monetary gain. but ultimately it's the lawyers who win.

[Dave9]

It's fair use:
1) It's not the original piece in its entirety, Fairey didn't use all the colors or detail of the original photograph.
2) There is no way that the Fairey piece could be confused with the original so that the owner of the original work loses money or credit.

[Jane D.]

Won't be the first time he used somebody else's art..
http://www.art-for-a-change.com/Obey/index.htm

[Chuck B]

Fairy and AP should be sued for false advertisement.

[Ken]

I agree with everyone that said the process is simple, this and that.

As the old saying goes, "someone thought about it first"

Mr. Fairey's piece is successful because we're having a debate about it.

[Greg Maragos]

Liberals suing liberals. God, I LOVE it!

[Reilly]

I'd love to have a t shirt with that image that would say "MOPE" underneath. Far more fitting.

[the_turk]

@ Hope = Nope

Posted by: Chris Yoerg | January 12, 2011 at 11:32 AM

I see what you did there. Witty. /Sarcasm off

[hopeadoped]

This is SO 2008.

[Brandon]

To: The O of Delphi

Well, if you are such a bright, hot-shot lawyer, why don't you offer your services to Mr. Fairy? If it's as much of a slam dunk case as you think it is, you have the potential to make a lot of money. Congratulations on being so smart. I have a Bachelor of Fine Art's degree and I would never use that much of another person's image in my work. Maybe my morals are different than others. Like Kanye West, Shepard Fairy is only as good as the people he steals from.