|The First Art Newspaper on the Net
||Established in 1996
|| Sunday, August 28, 2016
|New York Judge Urges Settlement in Obama Poster Dispute|
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. AP Photo/Manny Garcia/ Shepard Fairey.
By: Larry Neuemeister, Associated Press Writer
NEW YORK, NY (AP).- A judge urged Friday that a copyright dispute between an artist and The Associated Press over the Barack Obama "HOPE" image be settled quickly, saying it was likely the AP would win the case.
U.S. District Judge Alvin Hellerstein made the suggestion at a hearing in which he ordered Fairey's lawyers to turn over records of communications Fairey had with his lawyers before he sued the AP in February 2009. He also said AP lawyers can depose Fairey a second time.
"I have a feeling ... that whether it's sooner or later, The Associated Press is going to win," Hellerstein said. He said a settlement might be possible if the AP dropped some of its demands that Fairey be punished for copyright infringement and for his actions in the case.
Fairey has sued the AP, charging that his artwork does not infringe copyrights held by the AP. In a countersuit, the AP has said the uncredited, uncompensated use of one of the news cooperative's pictures violated copyright laws and posed a threat to journalism.
Neither side embraced the judge's suggestion to settle the case.
AP lawyer Dale Cendali told Hellerstein the news organization was seeking "substantial damages."
"Our primary objective is to make it clear to the world that The Associated Press is the copyright owner of that photograph and what he did was not fair use under copyright law," Cendali said. "The Associated Press truly has been aggrieved here."
She said depositions and other evidence in the case had revealed that Fairey has earned at least $2 million from the sale of products derived from his depictions of a 2006 AP photograph of then-Sen. Obama at the National Press Club in Washington.
She said another $2 million has been earned by a company that sells merchandise such as T-shirts and posters based on Fairey's depictions of the photograph.
Fairey attorney Geoffrey Stewart said it was not true that his client had earned millions of dollars, especially since he has donated proceeds to charities. He said a financial award against his client would likely bankrupt the artist.
Fairey's current art show in Manhattan contained "not a single Obama image and it's sold out," he said.
In a statement after the hearing, Stewart said he didn't think Hellerstein's statement that the AP would win "indicates a prejudgement of the case."
"We continue to believe there is a strong basis for fair use in this case, and Judge Hellerstein made clear that he hasn't even begun to focus on the fair use issues," he said.
Hellerstein ordered the disclosure of some of Fairey's communications with his lawyers under an exemption that allows the disclosure if a possible fraud or crime is involved. The judge said he questioned the credibility of Fairey, who was not in court.
Fairey is under criminal investigation after he said he erred about which AP photo he used as a basis for "HOPE." He acknowledged that he had submitted false images and deleted other images to conceal his actions.
Hellerstein ruled after Cendali said Fairey revealed in a deposition that he did not realize he had made a mistake about which photograph he had based his Obama poster on until two days after he filed his lawsuit against the AP.
He claimed in his lawsuit that the poster was based on a photograph of Obama seated next to actor George Clooney.
The difference could be pivotal in a fair-use case because a photograph of Obama with someone else would have to be changed more than a picture of him seated alone. The degree to which a work of art transforms copyrighted material is a major factor in fair-use claims.
Cendali said the AP was interested in the communications between Fairey and his lawyers to show that he purposely chose the wrong photograph, thinking it would help his legal position.
"If we can show he's continuing to lie, it would be another blow to his credibility," she said.
Copyright 2010 The Associated Press.
May 29, 2010
The Global Art World Gathers in Hong Kong for the City's Third International Art Fair
Albertina Opens Major Survey of Printed Works by Alex Katz
Christie's to Present Magnificent Gustav Klimt Portrait in London
Cuban Voodoo-Variant Art Tops Sotheby's Latin American Sale
New York Judge Urges Settlement in Obama Poster Dispute
New York Public Library President Receives Spanish Civil Order
Tiffany's Dazzling Designs at the Virginia Museum of Fine Arts
Group Exhibition of Street Art on View at Affirmation Arts
Internationally Renowned Director to Lead The San Diego Museum of Art
Christie's to Present an Important Auction of Orientalist Masterpieces
Exhibition of Voyeurism, Surveillance and the Camera Opens at Tate Modern
Miniature Chinese Art Makes World Record Prices at Bonhams
Artist Fred Tomaselli to Have Solo Exhibition at the Brooklyn Museum
Athens' Parthenon Scaffold-Free for First Time in Years
New Book Features Candid Photographs from Ivy League Universities by Teruyoshi Hayashida
Europeana Public Domain Charter: Libraries, Museums and Archives Support Europe's Heritage
Most Comprehensive Exhibition of Work by Atlanta Artist Radcliffe Bailey to Premiere at the High
Phillips de Pury & Company's Africa Auction Totals $1,401,038
Amon Carter Museum Exhibits Ansel Adams Photographs
INAH, Candidate to Win Prince of Asturias Award
Most Popular Last Seven Days
1.- Spanish publisher clones world's most mysterious book: The Voynich Manuscript
2.- Naked Trump leaves NY in giggles until demolished
3.- New research reveals that iceman "Otzi" was potentially a versatile tailor
4.- United States judge sides with artist forced to prove painting is not his
5.- Caravaggio was not a murderer: The response to an article in Burlington Magazine
6.- High-tech imaging reveals rare precolonial Mexican manuscript hidden from view
7.- Smithsonian: Venus-like exoplanet might have Oxygen atmosphere, but not life
8.- Papuan tribe preserves ancient rite of mummification
9.- Kunsthalle Bremen acquires major copperplate engraving by Albrecht Dürer
10.- World's largest William Blake gallery to open in San Francisco
Invisible Exports announces the New York solo debut of work and objects by Bob Mizer
Six weeks after, New York City artists seek help to scrub away superstorm Sandy's stains
Just discovered Scharl Portrait of Einstein up for sale for first time
New York State Museum exhibits historic images from Burns archives
La Dolce Vita: 1950-1960. Stars and Celebrities in the Italian Fifties at Eataly New York
The Art of Playboy, Gil Elvgren, Golden Age greats headline Fall New York illustration art auction
Costa Rica reclaims artifacts from the prestigious Brooklyn Museum in New York
Doyle New York to auction the Arthur Rothstein photograph collection in October
New study identifies pine bush as "Stop Over" for migrating birds
Chinese Gilt-Bronze Bell achieves $482,500 at Doyle New York's Asian works of art sale
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, .
|Royalville Communications, Inc|
Tell a Friend
Dear User, please complete the form below in order to recommend the Artdaily newsletter to someone you know.
Please complete all fields marked *.