AP now Hopes for $/credit for Fairey's iconic Obama poster

(UPDATED with Exclusive LATimes.com video below)

By now, everybody who cares is familiar with the iconic Hope poster of Barack Obama gazing, with determination, into the future that only he and artist Shepard Fairey can see.

As The Ticket reported recently, that poster by Los Angeles street artist Fairey is based on a news photograph taken 10 months before Obama's announced candidacy at a Washington speech when the Illinois Democrat was intently listening -- oh, the irony! -- to a conservative Republican speaker.

Kansas GOP Sen. Sam Brownback inspires everyone who hears him, except Iowa caucus-goers who didn't vote for him, so he dropped out of the GOP primaries a long time ago and now he's going back home to run for governor.

The Ticket also reported the other day that White House lawyers are exploring ways of protecting the copyright of the new president's image like this. And we said good luck with that around the Obama-loving world.

Anyway, Fairey has made a lot of money off the image, which with his signature brings thousands on EBay. And he's acknowledged the image was actually taken from an Associated Press picture snapped by freelance photographer Manny Garcia at a National Press Club event on Darfur with actor George Clooney. (UPDATE: A Fairey spokesman says the artist invested initial earnings in making more posters and donated later income to charity.)

So far, so good. But now, the AP wants credit for that ripped-off image. And some money for itself and Manny. And Shep is saying, uh, no.

Our blogging buddy Mark Silva has more on this story of successful capitalism over in the Swamp. But first, check out the exclusive video below.

-- Andrew Malcolm

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Photo credits: Damian Dovarganes / Associated Press (Shepard Fairey by his iconic Obama image); Manny Garcia / Associated Press (Obama at a 2006 political event in Washington listening to a Republican speak)

LATimes.com video by Sachi Cunningham

Comments

[Jim Hawkins]

Let's also exhume Andy Warhol and shake him down for some Campbell soup $$$.

The poster is an artistic interpretation inspired by the photo. The AP is out of their freaking minds.

[julie b]

In my opinion Fairey most definitely owes money to the Associated Press and/or the photographer (depending on his contract w/AP). They make it very clear on their website what is considered personal use vs. commercial use of their photos.

Beyond being illegal, I think it is rather distasteful and underhanded that he did not contact them before choosing to capitalizing on their photography/art. After all, if it wasn't for that photographer and Russian propaganda posters, Fairey's "creation" wouldn't exist.

[Kieran O'Neill]

"Anyway, Fairey has made a lot of money off the image, which with his signature brings thousands on EBay. "

You have a source for that? Every report I've seen (and his own words) says he didn't make a cent - any money he made (and it was not a lot during the campaign) went back into the campaign.

http://www.boingboing.net/2009/02/04/ap-tries-to-shake-do.html

Also, those posters bringing "thousands on EBay" are doing so against Fairey's wishes, and certainly not to his profit.

http://obeygiant.com/headlines/obama-ebay-disappointment

[Matt Cornell]

Here's an assignment for any journalists out there:

In the following AP article, where Shepard admits he used an unlicensed image, is the following passage:

"At first, Obama's team just encouraged him to make an image, Fairey has said. But soon after he created it, a worker involved in the campaign asked if Fairey could make an image from a photo to which the campaign had rights."

So, is Fairey covering the Obama team's ass? Cause that passage flatly contradicts the story. And, side note, doesn't this mean the poster might have actually been a commission in the first place?

http://news.yahoo.com/s/ap/20090204/ap_en_ot/obama_poster

[Neilan Tyree]

Here's a thought that would fall QUITE nicely under the whole "CHANGE" ethos that I, like many others, am totally enamored of:

Perhaps this brilliant young artist (I have been amazed by him since he hit my radar, but he REALLY blew my mind during his recent appearance on The Charlie Rose Show (http://www.charlierose.com/view/interview/10047), could himself be a symbol of change.

Why not immediately embrace the photographer's role and willingly craft an equitable partnership regarding said image. Why drag lawyers through endless litigation? Why not simply do the right thing?

Every time I download an image, I'm aware that SOME photographer took it. And if I don't want to PAY for it, there's a simple solution: use legitimate photo stock (creative and editorial) resources in the required method and select royalty free images only.

Wouldn't that be fresh?

Whatever the case, I'd hate to see Shepard Fairey 's rising star diminished in any way because I'm most eager to see what he does next. AND I can't wait to get his new book, a catalog of many years of his work thus far.

[Jordan]

His mistake was in admitting that he used the photo as his inspiration for the poster.

Assuming Mr. Fairey did make money from it, the AP just wants him to "share the wealth"!

[Brad]

This is another example of big business picking on the little guy! It is the artists' representation of the image, thats what art is... The AP needs to leave the guy alone... Big Bad Business!

[remember]

This guy Fairey has made a career out of lifting images that don’t belong to him then passing them off as his own. As an artist myself this is the lowest thing you can do. He doesn’t deserve any support as an artist. You people that believe he doesn’t do this are gravely misinformed and need to do your homework before you embrace your poster boy. Now I see the Obama picture was lifted as well! Great Artist indeed. Great hack non-artist is more like it.

[Ray]

The image has been heavily modified with respect to color and lighting. These are not simple Photoshop tricks such as ones to "cartoonize" a picture. The AP should receive credit for inspiring the picture, but that's it. To claim the picture as a "COPY" is ludicrous. Examples: colors including tie etc..., hairline in the middle, darkening of shadow on right side of nose, Obama's right shoulder (left in pic), etc... Like I said it inspired the image, but to claim it's in complete violation of copyright is ridiculous.

[Mark @ News Corpse]

Why doesn't anyone want to sue ME? I need the publicity.

http://www.newscorpse.com/ncWP/?p=942

There are a lot of reasons to criticize Shepard and his tendency to take inspiration from other artwork. But AP is way over the line here. This is fair use political speech and is appropriately derivative. AP cannot possibly show harm to the value of the original work. Quite they opposite. They should be thanking Shepard.

[Hunter S.]

He has ripped off other artist for years. that is his gag. to steal and claim it as his own. Even obey was taken from the movie "They Live" just look at these 2 websites with side by side comparisons of other artists that he blatantly ripped off.

http://www.art-for-a-change.com/Obey/index.htm

http://www.brghtnghts.com/blog/?page_id=46

[peevee esq]

Love the image. Love the artist. Love the man.

However, this is clearly copyright infringement and a somewhat weak fair use case. Fairey will end up paying bigtime, but it will be a very interesting lawsuit.

[Kyle Michel Sullivan]

It's my understanding that AP owns the rights to the photo and only the photo. Shep may have used the photo as his inspiration, but it's his interpretation of that photo that's made it his and not the AP's. The money he's made or not made is immaterial. The lawsuit will be tossed if the AP is dumb enough to follow through with it, because they're trying to take the artist's interpretation away from him and according to Droit Morale, they can't.

[steve rodriguez]

The light of Obama hope is diminishing quickly!!!!

[david mest]

listen. a painting is a painting. no matter what the influence, good art stands for nothing more than good art. the Associated Press is doing nothing more that attempting to make money off of an artistic portrait of our president. this act sickens me, and i am sure that hundreds or thousands more feel the same way.