The First Art Newspaper on the Net Established in 1996 United States Saturday, October 25, 2014


Shepard Fairey Admits Using Key AP Photo for 'HOPE' Poster
In this April 27, 2006 file photo, a poster of President Barack Obama, right, by artist Shepard Fairey is shown for comparison with this file photo of then-Sen. Barack Obama by Associated Press photographer Manny Garcia at the National Press Club in Washington. Attorneys for poster artist Shepard Fairey, who designed the famous Obama "HOPE" image, say he based it on a photograph taken by The Associated Press and not another picture, as the artist had claimed. (AP Photo/Manny Garcia/ Shepard Fairey)

By: Hillel Italie, AP National Writer

NEW YORK, NY (AP).- Shepard Fairey's claim that he had the right to use a news photo to create his famous Barack Obama "HOPE" poster became a widely watched court case about fair use that now appears to have nearly collapsed.

By Friday night, his attorneys — led by Anthony Falzone, executive director of the Fair Use Project at Stanford University —said they intend to withdraw from the case and said the artist had misled them by fabricating information and destroying other material.

Fairey himself admitted that he didn't use The Associated Press photo of Obama seated next to actor George Clooney he originally said his work was based on — which he claimed would have been covered under "fair use," the legal claim that copyrighted work can be used without having to pay for it.

Instead he used a picture the news organization has claimed was his source — a solo picture of the future president seemingly closer to the iconic red, white and blue image of Obama, underlined with the caption "HOPE." Fairey said that he tried to cover up his error by submitting false images and deleting others.

The distinction is critical because fair use can sometimes be determined by how much of an original image or work was altered in the creation of a new work. If Fairey didn't need to significantly alter the image he used — in this case the solo shot of Obama — then his claim could have been undermined. Fair use cases also may consider the market value of the copyrighted material and the intended use of the newly created work.

"Shepard Fairey has now been forced to admit that he sued the AP under false pretenses by lying about which AP photograph he used," said AP vice president and general counsel Srinandan R. Kasi. "Mr. Fairey has also now admitted to the AP that he fabricated and attempted to destroy other evidence in an effort to bolster his fair use case and cover up his previous lies and omissions."

Kasi said Fairey's admission struck "at the heart" of Fairey's defense that he was protected by fair use.

Kasi said the AP would continue to pursue its countersuit alleging that Fairey willfully infringed the AP's copyright. It was not immediately clear from the statements issued and court filings if Fairey would continue with his case, but a person close to Fairey said that the artist would. The person was not authorized to discuss the case and spoke on condition of anonymity.

Falzone said in a statement that the legal team's decision to withdraw had nothing to do with the "underlying merits" of Fairey's case.

"We believe as strongly as ever in the fair use and free expression issues at the center of this case, and believe Shepard will prevail on those issues," Falzone said. "We hope this unfortunate situation does not obscure those issues."

Laurence Pulgram, an intellectual property lawyer who represented Napster in a copyright fight with the rock band Metallica, said Saturday that Fairey's case was in trouble.

"This was a brain-dead move by Mr. Fairey, and it could be the turning point. His lawyers will still be able to argue that he made a 'fair use' under copyright law, but it's a whole lot less likely that the court or jury will think that what he did was actually 'fair' if he has lied and tried to mislead the entire world about what use he made," Pulgram said.

Fairey, 39, had claimed he based his "HOPE" drawing on a photo of then-Sen. Obama seated next to Clooney. The photo was taken in April 2006 by Mannie Garcia, on assignment for the AP, at the National Press Club in Washington.

Fairey now says he started with a solo photograph of Obama — taken at the same event, by the same photographer. The AP has long maintained that Fairey used the solo shot for the poster.

Fairey sued the not-for-profit news cooperative in February, arguing that he didn't violate copyright law because he dramatically changed the image. The AP countersued in March, saying the uncredited, uncompensated use of an AP photo violated copyright laws and signaled a threat to journalism.

Fairey, a Los Angeles-based street artist with a long, often proud history of breaking rules, said in a statement Friday that he was wrong about which photo he used and that he tried to hide his error.

"In an attempt to conceal my mistake, I submitted false images and deleted other images," said Fairey. "I sincerely apologize for my lapse in judgment, and I take full responsibility for my actions, which were mine alone."

He said he was taking steps to correct the information and regretted that he didn't come forward sooner.

In addition to indicating they plan to withdraw from the case, attorneys for Fairey filed papers Friday in federal court in Manhattan stating that he misled them. They also amended the original court documents, reflecting that Fairey used a different picture.

"Mr. Fairey was apparently mistaken about the photograph he used when his original complaint for declaratory relief was filed on February 9, 2009," the papers say. "After the original complaint was filed, Mr. Fairey realized his mistake. Instead of acknowledging that mistake, Mr. Fairey attempted to delete the electronic files he had used in creating the illustration at issue. He also created, and delivered to his counsel for production, new documents to make it appear as though he had used the Clooney photograph as his reference."

Although he said he was "very sorry to have hurt and disappointed colleagues, friends, and family," Fairey said that the real issue was "the right to fair use" so artists can create freely.

"Regardless of which of the two images was used," he said, "the fair use issue should be the same."

The dispute between Fairey and the AP has led to a strong debate between artists and free speech advocates defending Fairey and photographers and journalism organizations citing the need for copyright protection.

The "HOPE" image has appeared on countless posters, stickers and buttons. It has appeared in several books and in numerous museums, including a mixed-media stenciled collage version added to the permanent collection of the National Portrait Gallery in Washington.

Fairey also used the AP photograph for an image designed specially for the Obama inaugural committee, which charged anywhere from $100 for a poster to $500 for a poster signed by the artist. It is unclear how much, in total, Fairey may have earned from the design, though he has often said he did not personally profit from it.

Fairey has said that he first designed the image in early 2008, after he was encouraged by the Obama campaign to come up with some kind of artwork.

The AP plans to donate any proceeds received for past use of the photo to the AP Emergency Relief Fund, which assists staffers and their families around the world who are victims of natural disasters and conflicts.

In February 2009, Fairey was arrested when he went to Boston for an event kicking off his solo exhibit at the Institute of Contemporary Art, among the most popular in the museum's more than 70-year history.

He faced dozens of vandalism charges, but nearly all were dropped. He pleaded guilty to three misdemeanor charges last summer and was sentenced to two years probation.



Copyright 2009 The Associated Press.


Shepard Fairey | Barack Obama "HOPE" | Associated Press |




Last Week News

October 17, 2009

Museum of Fine Arts in Seville Shows Duchess of Alba's Private Art Collection

Major Retrospective of Ed Ruscha's Paintings at the Hayward Gallery

Celebrated Works by Warhol and Johns Lead Sale of Prints and Multiples

Man Who Reported Stolen Warhols Waives Insurance

Exhibition at Museum of Fine Arts, Boston, to Offer Rare Show of Paintings

Shepard Fairey and Steve Shames Partner to Benefit Orphans in Uganda

Erwin Wurm Turns Real Objects into Sculptures at the Lenbachhaus

Steven Charles Holds His Second Solo Exhibition at Marlborough

Kunsthaus Zürich to Show 'Van Gogh, Cézanne, Monet - The Bührle Collection'

City of Dallas to Dazzle with New Performing Arts District

The Great Inca Road, A Spectacular Photography Exhibition

Rarity and Beauty of Asian Art at Christie's London this November

Sotheby's Sales of 20th Century Italian Art and Contemporary Art Realize $32,799,234

National Gallery of Canada Pays Tribute to Kinngait Studio Artists

Internationally-Acclaimed Artist Makes U.S. Solo Debut at Peabody-Essex Museum

Museum in St.Louis Announces New Exhibition by Stephen Prina

Sotheby's Four-Day Romano Sale Achieves $15,435,780

Aboriginal Artwork for Vancouver Olympics Medals

21c Museum Hotel in Louisville, KY Voted #1 Hotel in U.S.

October 16, 2009

Leopold Museum Explores Love, Fear and Death in Edvard Munch's Work

Berlin's Neues Museum will be Inaugurated Friday by German Chancellor

Christie's to Auction Restituted Painting by Camille Pissarro in November

Frieze Art Fair: Stand Prize Winner Announced, Tate Acquires New Work

Bill & Melinda Gates Foundation Gives Major Gift to Smithsonian Museum

Swiss Curator Tops Art Power List, Damien Hirst Slumps

Georgia O'Keeffe Museum to Host Susan Rothenberg Exhibition

A New Wave of Vauxhall Collective Commissions are Announced

Monumental Sculptures by Red Grooms on View at Marlborough Chelsea

Donald Kaufman, K-B Toys Co-Founder, Revered Antique Toy Collector Dies

The Courtauld Opens Exhibition Exploring Post-War London Building Sites

Seattle Art Museum is the Only U.S. Venue for Michelangelo Drawings from Florence

Internationally Renowned Australian Artist Ricky Swallow Exhibits in Australia

Exhibition Presents Variety of Fresh Perspectives on the Irish Museum of Modern Art

SMU's Meadows School of the Arts Announces Recipients of Inaugural Meadows Prize

High will Premiere New Exhibition of Digital Portraits by Photographer Robert Weingarten

Young Tate Presents a Halloween Homage to Destruction at Tate Liverpool

Experts Find Rare Crusader-Era Murals in Syria

British Sculptor Involved in Tragic Accident Dies

October 15, 2009

Frieze Art Fair: Magnet for the Art World's Most Important Players Opens in London

First Major Exhibition of Works by Edward Hopper Opens at Palazzo Reale in Milan

Christie's to Unveil Major Works by Basquiat, Doig and Warhol

Leonardo Fingerprint Reveals Painting May be Worth $150 Million

Taubman Museum of Art Awarded 2009 International Architecture Award

Seattle Art Museum Exhibition Traces 50 Years of Alexander Calder's Career

Museum Honors the Life and Work of Its Co-Founder, Serge Sabarsky

London Three-Month Art Project that Put People on Plinth Ends

Tate Modern Replaces Nude Image of 10-Year-Old Brooke Shields

First Time Kunsthalle Wurth Shows All Paintings by Max Ernst in Its Collection

Beatles to Bowie: The 60s Exposed at the National Portrait Gallery

Discover a New Face of Contemporary Art Using Glass as a Medium

Historic Judaica from West Country Set to Make 60,000 Pounds at Bonhams

MCA Presents First Solo Exhibition in Australia of Danish-Icelandic Artist Olafur Eliasson

Scope Art Fair/Perpetual Art Machine's Lee Wells Joins Judging Panel

Museum Acquires Monumental Early Renaissance Horse and Man Armors

William Smith Pledges Second Major Gift to Detroit Institute of Arts

Smithsonian Plans to Open Human Evolution Hall

First Solo Exhibition in a Major European Institution for Jim Hodges

New Amon Carter Museum Galleries, Web Site Spotlight Remington and Russell

October 14, 2009

British Artist Damien Hirst Presents New Paintings at the Wallace Collection

Pompidou Celebrates Pierre Soulages, Indisputably the Greatest Living French Painter

Picasso and Degas Highlight Christie's Impressionist & Modern Art Sale

Denver Art Museum Appoints Christoph Heinrich as New Director

Museum To Present Two Bruce Nauman Installations from the Venice Biennale

Museum in Basel Shows Rauschenberg's Sculptural Oeuvre of the Late Eighties

Comprehensive Exhibition of Works by Anselm Reyle at Kunsthalle Tübingen

Helly Nahmad Gallery Opens Claude Monet Retrospective Exhibition

First Session of the Romano: A Century as Antique Dealers Sale Totals $6,941,785

Rudimentary Telescopes, Galileo Texts on View at Vatican Museums

Exhibition Featuring the Work by Artist Matthew Buckingham Opens

Metropolitan Opens American Stories: Paintings of Everyday Life, 1765-1915

Bonhams Specialsts Uncover Rare Imperial Roman Glass Vase

Oliver Beer is the Winner of this Year's New Sensations Prize

National Museum of Women in the Arts Launches Web 2.0 Initiative

Tel Aviv Museum of Art Opens Exhibition of Alex Kremer's Oil Paintings

'Impossible Exchange', a Project Commissioned for Frieze Projects

HKIAAF 09: Robust Sales Indicates Signs of Recovery in the Asian Art Market

Tobias Tovera's Stunning Repertoire of Work on View in San Francisco

Amon Carter Museum Announces New Public Programs Manager

October 13, 2009

Tate Modern Presents Tenth Commission for Turbine Hall by Miroslaw Balka

Christie's Presents Important Southeast Asian Modern and Contemporary Paintings

Iran Said on Monday that British Museum Broke Pledge on Artifact

Gagosian Announces Exhibition of Two Recent Sculptures by Richard Serra

Scottish National Portrait Gallery Invites Supporters to Join Its Gallery of Stars

Chinese Art Market Soul-Searches as Prices Plummet

Abrams Publishes Altermodern by Leading Critical Theorist Nicholas Bourriaud

Sotheby's London To Offer Property From Carlton Towers

Tate Modern Opens Most Extensive John Baldessari Retrospective in the UK

Singapore Art Museum Announced Chun Kaifeng as Winner of SAE 2009 Prize

New Georg Baselitz Exhibition Deals with the Subject of Dresden and its History

Adopt and Old Master: Display of Rarely Seen Paintings in Need of Conservation

Tensta Konsthall in Sweden Shows Exhibition by Tris Vonna-Michell

Green Walls Taking Root in Green Building Design

Artist Maria Gaspar Explores Public Celebrations at Chicago's MCA

Tacita Dean Installations Honoring Merce Cunningham on View in Montreal

Marc Quinn and Jake and Dinos Chapman in Conversation with Tim Marlow

Delaware Art Museum Presents Two Maxfield Parrish Exhibitions

First Solo Exhibition of Paintings by Roya Akhavan at LTMH Gallery

October 12, 2009

Museum Kurhaus Kleve Exhibition Honors Influential Figurative Painter Alex Katz

Ai Weiwei Presents New Works Especifically Made for Haus der Kunst

MCA Chicago Shows Liam Gillick: Three Perspectives and a Short Scenario

Conversations in Lyrical Abstraction: 1958 to 2009 at Conner Contemporary

Francine Savard Exhibition at the Musée d'art contemporain de Montréal

Eli Wilner & Co Completes Historic 19th Century Frame Replication for Sotheby's

Creative Time Partners with Art Basel Miami Beach to Redesign Oceanfront

Norman R. Foster Visiting Professorship Established at Yale University

DC Moore Announces First Comprehensive Monograph on Jane Wilson

New Lincoln Exhibit Tells how New York City Shaped his Image

Causey Contemporary Presents Works by New York City Based Painter Alexis Portilla

Fascination, Delight - and Caution...Now: Anthony McCall

Solo Exhibition of Robert Bergman's Photographs at The National Gallery of Art

The Artful Image at the National Gallery of Denmark

Churches of Rural New England, Photographs by Steve Rosenthal

Classic Beauty Blooms on Canvas in Elements of Nature: Equines and Still Lifes by Clarice Smith at NMWA

Picture This: Tyler Museum of Art Goes Green

New Art Institute Exhibition Pieces Together Rarely Seen Photocollage Albums

Museum Presents Multimedia Exhibition Celebrating Works by Designer Marcel Wanders

Joslyn Art Museum Presents Fantastical Pictures and Pop-ups

Most Popular Last Seven Days



1.- Image of a Christ without a beard, short hair and wearing a toga unearthed in Spain

2.- Giant mosaic unearthed in mysterious tomb in Amphipolis in northern Macedonia

3.- Bonhams sale of 18th century French decorative arts to benefit Fine Arts Museums of San Francisco

4.- Paris flustered by erection of 'sex-toy' sculpture; Paul McCarthy slapped by a passer-by

5.- High art or vile pornography? Marquis de Sade explored in Orsay museum exhibition

6.- 'Cubism: The Leonard A. Lauder Collection' opens at the Metropolitan Museum of Art

7.- Greek culture minister says Elgin Marbles return a matter of 'global heritage'

8.- Vandals deflate Paris 'sex-toy' sculpture by American artist Paul McCarthy after outrage

9.- Exhibition at National Gallery in London explores Rembrandt's final years of painting

10.- 'Hans Memling: A Flemish Renaissance' opens at the Scuderie del Quirinale in Rome

Related Stories



Trial Date Set in Associated Press-Shepard Fairey Dispute in NYC

Tip: Shepard Fairey Offers Behind-the-Scenes Studio Tour

Evidence Ordered Released in Shepard Fairey 'HOPE' Case

AP Says Shepard Fairey Made Up Story About Obama Poster



Museums, Exhibits, Artists, Milestones, Digital Art, Architecture, Photography,
Photographers, Special Photos, Special Reports, Featured Stories, Auctions, Art Fairs,
Anecdotes, Art Quiz, Education, Mythology, 3D Images, Last Week, .

 

Founder:
Ignacio Villarreal
Editor & Publisher: Jose Villarreal - Consultant: Ignacio Villarreal Jr.
Art Director: Juan José Sepúlveda Ramírez - Marketing: Carla Gutiérrez
Special Contributor: Liz Gangemi - Special Advisor: Carlos Amador
Contributing Editor: Carolina Farias

Royalville Communications, Inc
produces:

ignaciovillarreal.org theavemaria.org juncodelavega.org facundocabral-elfinal.org
Founder's Site. The most varied versions
of this beautiful prayer.
Hommage
to a Mexican poet.
Hommage
       

The First Art Newspaper on the Net. The Best Versions Of Ave Maria Song Junco de la Vega Site Ignacio Villarreal Site