Advertising

The Seattle Times Company

NWjobs | NWautos | NWhomes | NWsource | Free Classifieds | seattletimes.com

The Seattle Times

Nation & World


Our network sites seattletimes.com | Advanced

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

More Nation & World headlines...

E-mail article Print view      Share:    Digg     Newsvine

Comments
The AP doesn't expect to win this. They know they will lose. However, they are obligated to pursue this action in order to demonstrate their...  Posted on February 5, 2009 at 10:47 AM by ungruntled. Jump to comment
If Fairey had been selling exact 8x10 glossies of this photo for cash, the AP might have a point. Fairey's image is altered, recontextualized...  Posted on February 5, 2009 at 7:45 AM by hjermsted. Jump to comment
The A/P is out of there frigging minds. If they take this to court, they will lose. Then I hope there will be a counter court case!  Posted on February 5, 2009 at 8:43 AM by alaskana. Jump to comment

advertising


Get home delivery today!

Tight Senate vote launches health care over hurdle

Awaiting daughter's birth, astronaut busy on spacewalk

Anti-Taliban militias arise in Afghanistan

China coal mine blast death toll jumps to 87

Iran gets ready for military exercises

Advertising

Video

Raw Video | Real Salt Lake receives the MLS Cup trophy
Real Salt Lake is handed the 2009 MLS Cup trophy at Qwest Field, November 22, 2009.

Raw Video | Real Salt Lake fans celebrate
LA Galaxy's David Beckham
Real Salt Lake's Kyle Beckerman
MLS trophy arrives in Seattle
Chittenden Locks Inspection
Interview with New Moon actors
Full interview with New Moon actors
Artistic Roller Skating
Girls Soccer: Mercer Island vs. Glacier Peak

Marketplace

nwautos

2009's most fuel-efficient sedansnew
Choosing a new sedan? Weigh the impact of your choice on your wallet and on the planet.
Post a comment

Open Houses

Find this weekend's open house listings.
Or search by location:

 
Most read
Most commented
Most e-mailed
 
 
Advertising