|The First Art Newspaper on the Net
||Established in 1996
|| Tuesday, July 26, 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.
|Last Week News
May 28, 2010
Contemporary Art Museum Designed by Iraqi-Born Architect Zaha Hadid Opens in Rome
Seattle Art Museum to Close for Two Weeks to Balance Budget
Long-Unseen Painting by Frida Kahlo Tops Latin America Art Auction
Kimbell Art Museum Unveils Final Design by Renzo Piano for New Building
Van Gogh Museum Acquires Exciting Painting by Louis Anquetin
Eight New Paintings by Christopher Wool at Gagosian in Rome
Phillips de Pury Announces Details of Halsey Minor-Design Sale
Canadian Museum Mounts Major Angela Grauerholz Exhibition
Timothy Taylor Gallery Presents New Work by Sean Scully
Sir Michael Caine Opens the New Galleries of Modern London
Spencer Museum of Art Taps I.M. Pei Firm to Produce Expansion Plan
Natural History Museum Exhibition Takes Visitors 11,000 Metres Down
Raphael's Cartoons and Tapestries for the Sistine Chapel Announced at the V&A
AOL Celebrates 25th Anniversary with Chuck Close's Project on Creativity
When You Wish Upon a Tsar - Romanov Photos at Bonhams Book Sale
An Impressive Gold Coin from the Reign of Napoleon III was Discovered.
Climate Capsules: Means of Surviving Disaster at the Museum für Kunst und Gewerbe
Exhibition of Masterpiece Prints by Albrecht Dürer Opens at Lade Lever Gallery
Aga Khan to Launch New Museum in Toronto, Canada
Metropolitan Museum Announces Departure of Concerts & Lectures General Manager Hilde Limondjian
May 27, 2010
Georg Baselitz Visits His New Exhibition Space at Galerie Neue Meister in Dresden
Whitney to Break Ground on New Downtown Building in 2011
Oldest Unpublished Votive Painting Exhibited in Coyoacan
Marilyn Monroe's Gown From "Diamonds Are A Girl's Best Friend" for Sale
ROMA: The Road to Contemporary Art Offers 8,000 Square Meters of Art
Sabine Breitwieser is New Chief Curator of Media and Performance Art at MoMA
Six Million Pounds of Victorian Paintings to Be Offered at Christie's
Fall Focus on Spanish Art through Two Frick Presentations
Exhibition of New Paintings by Medrie MacPhee at Von Lintel Gallery
Yale Showcases a Century of Exceptional Poster Art from the London Underground
Richard Hamilton Curates an Exhibition of His Own Work at Alan Cristea Gallery
Crystal Bridges Announces Work by Leading Landscape, Pop Artists
Christie's to Offer Syd Levethan: The Longridge Collection in London
Google Earth Tool will Provide Online World Trade Center Access
New York City Community Board OKs Ground Zero Mosque Plans
NYPL Takes Giant Step In Preserving Its Digitized Collections
Morris Museum Executive Director Steven H. Miller to Retire
New Portrait of Channel Four News Reader Jon Snow on Show at the National Portrait Gallery
Corcoran Gallery of Art Director Paul Greenhalgh Resigns
May 26, 2010
Exhibition of 100 Masterpieces from the Collections of the Musée d'Orsay Opens in Tokyo
Sale of Impressionist & Modern Art at Sotheby's in Paris
Long-Unseen Rivera, Kahlo Works at Latin American Art Sales
Germany's Ozeaneum is the European Museum of the Year
Holland's Largest Contemporary Art Fair, Art Amsterdam, Opens
Art Gallery of South Australia Announces New Director
John Zurier, Jason Fox, and Richard Allen Morris at Peter Blum Gallery
Unprecedented Partnerships Bring Drama to Life at AGO
Denver Biennial of the Americas Announces Inaugural Exhibition
Rare and Beautiful Treasures at Christie's Sale this June
Unpaid Greek Workers Heckle Culture Minister on Acropolis
A Magnificent Pagan Altar was Exposed at the Barzilai Hospital Compound
Dallas Museum of Art Receives Certification to Ship Works of Art
Foundling Museum Exhibits the Finest Works Submitted through the Flourish Programme
Frank Auerbach Painting of His Lover to Be Auctioned at Bonhams
Auction of World's Greatest Collection of Snuff Bottles Illustrates a Chinese Emperor's Personal Taste
Alexander Melamid's "Oh My God" Opens at Phillips de Pury & Company
Ex Hacienda Where Emiliano Zapata was Gunned Down to be Restored
Bank of America Merrill Lynch Announces Unique Art Conservation Funding Programme
Peter Max and Annette de la Renta Receive 20th Anniversary, the Black Alumni of Pratt Awards
May 25, 2010
100 Years After Henri Rousseau's Death, the Guggenheim Devotes First In-Depth Exhibition
Early Childe Hassam Work Ushers in Summer at Bonhams New York
Yinka Shonibare's Nelson's Ship in a Bottle Unveiled in Trafalgar Square
Sotheby's to Sell One of the Most Iconic Works of Art by Bharti Kher
Six Hundred Museums Offer Military Families Free Admission
Digital Restoration of Wright's Robie House Wins Webby Award
Bonhams to Sell Haunting Picasso Portrait of the Artist's Friend
Sotheby's to Sell Rare Inscribed Copy of Sir Arthur Conan Doyle's Debut Novel
Mosaic Art NOW 2010: Great Art, Inspiring Artists, Provocative Thinking.
57 Ancient Tombs with Mummies Unearthed by Archeologists in Egypt
Unique Works and Scarce Multiples Highlight Swann Galleries' Auction
German Foreign Minister: Nefertiti Bust Should Stay in Berlin
Exhibition Showcases Recent Work by Artists Living in the New York Area
New York City Seeks Developer for Jazz Museum in Harlem
Kelly Smith Brings Strong Editorial Skills to Museum as Associate Director of Communications
Lyons Wier Gallery Opens Exhibitions by Amanda Besl and Jazz-minh Moore
Lewis Carroll Photos of Favorite Model for Sale at Bonhams
2,000 Years of Water in Jerusalem
Israel Museum Inaugurates Its Renewed Campus on July 26
'Dropouts' Cartoonist Howard Post Dies in New Jersey at 83
May 24, 2010
Exhibition Focuses on the Works Referred to by Le Corbusier's 1928 Lecture in Madrid
Oberlin to Send Masterworks by Rubens, ter Brugghen, Turner to the Phillips
Royal Institute of British Architects International Awards Winners Announced
Unpublished Images of India's History Recovered from Yellow Crates
Rare Preliminary Watercolor from Pinocchio on the Auction Block
Exhibition of Landscape Photographs at Galerie Wagner + Partner
New York Skyscraper Wins Highest "Green" Certification
Yerba Buena Center for the Arts to Screen Robert Adanto's Pearls on the Ocean Floor
10 Museums Form Partnership to Celebrate Overground East London Line
Nasher Sculpture Center Presents Rachel Whiteread Drawings
Group Show of Work by Forty Artists in All Media at Ferrin Gallery
St Ives and the International Avant-Garde Opens at Tate
Exhibition of Photographs from the Struggle for Civil Rights Opens at ICP
Delaware Art Museum Announces New Trustees
Indian Artist Ravender Reddy Featured at the Virginia Museum of Fine Arts
IKEA Presents Sustainability Report 2009: More Innovation - More Programs and Partnerships
The Heckscher Museum of Art Presents The Heckscher at 90: Then and Now
Nicola Carrino at A arte Studio Invernizzi, Milan
Sublime Works by Sally Gabori to Open at The Gallery in Cork Street
Create10 Launches the Bank of America Merril Lynch Create Art Award 200
May 23, 2010
World's Largest Exhibition of the Stellar New York Artist James Rizzi Opens in Bremen
Getty Museum Debuts Cutting-Edge Technology to Showcase Cabinet
Canadian Museum of Nature Unveils Renewed Historic Public Exhibitions Site
Impressive Line-up of Contemporary Art at Villa Grisebach's Spring Auctions in Berlin
ICP Opens Inaugural Installment of a New Annual Series of Exhibitions
Montreal Presents World Premiere of Runa Islam's "Magical Consciousness"
Grand Rapids Art Museum Presents Dutch Utopia: American Artists in Holland
Derek Eller Opens Liz Magic Laser's First Solo Exhibition at the Gallery
Aspen Art Museum Invites Eights Artists for Group Exhibition
Hillwood Announces New Executive Director Appointment
Joslyn Art Museum Outdoor Garden Galleries Showcases Three New Sculptures
St Martin-in-the-Fields Reaches Its 36 Million Pound Target
Russian Dagestan Village Defies Odds with Ancient Art
New Katharine Hepburn Stamp Adopted as Official Stamp for Kent State University Museum Exhibit
The Toledo Museum of Art Receives $2 Million Lead Gift to Renovate Its Former Glass Gallery
Israeli Art Detectives Crack a Forgery Riddle
Gareth Thomas Appointed Tate Trustee
Untouched Tomb to Unravel Secrets of Cyprus's Past
Another Picasso Stolen in French Fine Art Robbery
Most Popular Last Seven Days
1.- 100 nude women pose in Cleveland, reflecting on Trump
2.- West Kowloon Cultural District Authority appoints M+ Executive Director
3.- Hieronymus Bosch, Touched by the Devil: Movie has US premiere at Film Forum
4.- Masterpieces replaced by fakes in six national galleries in treasure hunt
5.- On the Verge of Insanity: Van Gogh 'suicide gun' on display in Amsterdam
6.- Getty Museum opens exhibition of illuminated manuscripts
7.- Two rolls of early Kodak film acquired by the George Eastman Museum
8.- Dark secrets of the man who opened architecture to the light
9.- Chinese artist Ai Weiwei's refugee life jackets in Vienna palace pond
10.- Gallery 19C brings together two views of Venice by Jean-Baptiste-Camille Corot
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 *.