Originally published Thursday, February 5, 2009 at 12:00 AM
Comments (14)
E-mail article
Print view
Famed Obama image infringes copyright, AP alleges
The Associated Press says the image of Barack Obama splashed in red, white and blue and underlined with the caption HOPE was based on one of their photographs, and it owns the copyright, and the news service wants credit and compensation.
NEW YORK — The Associated Press says the image of Barack Obama splashed in red, white and blue and underlined with the caption HOPE was based on one of their photographs, and it owns the copyright, and the news service wants credit and compensation.
Designed by Shepard Fairey, a Los-Angeles based street artist, the image has led to sales of hundreds of thousands of posters and stickers and has become so much in demand that copies signed by Fairey have been purchased for thousands of dollars on eBay.
The image, Fairey has acknowledged, is based on an Associated Press photograph, taken in April 2006 by Manny Garcia on assignment at the National Press Club in Washington.
"The Associated Press has determined that the photograph used in the poster is an AP photo and that its use required permission," the AP's director of media relations, Paul Colford, said in a statement.
"AP safeguards its assets and looks at these events on a case-by-case basis. We have reached out to Mr. Fairey's attorney and are in discussions. We hope for an amicable solution."
"We believe fair use protects Shepard's right to do what he did here," says Fairey's attorney, Anthony Falzone, executive director of the Fair Use Project at Stanford University and a lecturer at the Stanford Law School.
Fair use is a legal concept that allows exceptions to copyright law, based on, among other factors, how much of the original is used, what the new work is used for and how the original is affected by the new work.
A longtime rebel with a history of breaking rules, Fairey has said he found the photograph using Google Images.
He released the image on his Web site shortly after he created it, in early 2008, and made thousands of posters for the street.
As it caught on, supporters began downloading the image and distributing it at campaign events, while blogs and other Internet sites picked it up.
Fairey has said that he did not receive any of the money raised.
A former Obama campaign official said they were well aware of the image based on the picture taken by Garcia, a temporary hire no longer with the AP, but never licensed it or used it officially.
Copyright © 2009 The Seattle Times Company
Landmark health bill passes House on close vote
Fort Hood shooting suspect had shown troubling signs

Mourners gather at KeyArena for slain officer's memorial
Mourners gathered at KeyArena for the memorial service of Seattle police Officer Timothy Brenton on November 6, 2009.
nwjobs

Post a comment

Michelle Goodman blogs about work/life balance.
How to tell your office you're gravely ill
Post a comment
nwautos

Choosing a new sedan? Weigh the impact of your choice on your wallet and on the planet.
Post a comment
- Flags were key link to cop slaying, bombings
- Suspect shot as city mourns slain officer
- Briefs | Soccer: New Mexico suspends hair-pulling player Elizabeth Lambert
- Bombs, guns found at home of suspect in Officer Brenton's slaying
- Huskies suffer another heartbreaking loss to UCLA
- McGinn pulling away as late ballots come in
- Using anti-shooter tactics, civilian Army police officer brought down gunman
- How an underdog named Mike McGinn took City Hall
- 3 Cascade Mountain passes close due to snow; more rain, wind expected Sunday
- Heavy snow in Cascades shuts down roads
- UCLA game thread
940 - Weapons, bomb-making materials found in suspect's apartment
334 - Troubling portrait emerges of Fort Hood suspect
293 - U.S. House passes health plan
217 - Decision day for health care in the House
201 - Bombs, guns found at home of suspect in Officer Brenton's slaying
141 - Huskies suffer another heartbreaking loss to UCLA
101 - Referendum 71 show's Washington's strategy for marriage equality is working
95 - Grading the game
86 - How an underdog named Mike McGinn took City Hall
55
- Suspect shot as city mourns slain officer
- Flags were key link to cop slaying, bombings
- 10 ways to take control of your health
- Danny Westneat | Lee the Horse Logger found slow wagon shrank tumor
- The birth of 'Grunge,' in photos by Michael Lavine
- 10 investing missteps to avoid
- Bombs, guns found at home of suspect in Officer Brenton's slaying
- Guest columnist | Cut the South Carolina jokes, Seattle. Get ready to compete
- How do innovators think?
- Consortium on verge of owning Eastside railway land









