Remember the 'Hope' poster that was everywhere during the Obama campaign? Here's a copy in case you don't:
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The poster was created by Los Angeles based street artist Shepard Fairey and was picked up by the Obama campaign and became the basis for many other posters, some funny and some not. However, not all was good with Mr. Fairey success since the Associated Press had concerns that the poster looked an awful lot like a photo taken by one of their photographers. In February, Mr. Fairey felt he had had enough of the AP's accusations and he sued them arguing that he had used a different photograph and that because he significantly altered the image, it was considered \"fair-use\" and therefore the AP should back off. The AP countersued stating that Fairey had broken copyright laws.
Here's a copy of the AP's comparison of the poster to the photo they claim Fairey used:
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Looks pretty close to me. Well, apparently too close because Saturday night it all unravelled. ** you don't have permission to see this link **
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.
[...]
\"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.
Fairey was at the Warhol Museum in Pittsburgh on Saturday night for the opening of an exhibit of his works — including the 4-foot-by-8-foot Obama poster. He drew a chuckle from the crowd during a question and answer session when he said, \"I am learning from my mistakes, if everybody's been keeping up with the news.\"
Fairey said it was wrong to portray the error in his initial claim \"as if it was very, very premeditated and sinister.\"
He described his craft as manipulating existing images, and said barring such work is like \"saying you can't use those words anymore, they've already been used. How would we talk to each other?\"
The question I keep asking myself is: Is there anyone associated with Barack Obama that isn't corrupt?
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