The Associated Press alleges copyright infringement for an image of Barack Obama created by street artist Shepard Fairey. Fairey's lawyers say the image is protected under fair use provisions.
(Jake Turcotte - not an AP image, we promise)Photos (1 of 1)
Associated Press wants money from Obama artist
By Jimmy Orr | 02.05.09
It would be hard to imagine the 2008 presidential campaign without him. It would have lacked some artistry, inspiration, and hope.
No, we’re not talking about Joe the Plumber. We’re talking about Shepard Fairey.
Iconic image
Never heard of him? You’ve seen his work. He’s the one that created the iconic image of Barack Obama that was everywhere. Although it wasn’t official Obama campaign material, it seemed like it. It was that prevalent.
It became so popular that the Obama Presidential Inaugural Committee took the image and created Office Space-like “flair” out of it.
You could (and still can) order a “Hope” button, pin, sticker, t-shirt, and of course posters. Unfortunately, no Swingline staplers.
Shop now and save
“We just released a commemorative poster designed by Los Angeles artist Shepard Fairey in honor of President-elect Obama’s Inauguration,” the committee announced last month. “It’s now available as a gift for grassroots supporters who donate $20.00 to help make this Inauguration the most inclusive and accessible one in history,” reads the website.
“Fairey designed this special image to celebrate President-elect Obama’s Inauguration. It echoes his famous “HOPE” poster, which was ubiquitous during the 2008 presidential campaign.”
Pay up
That earlier image is now in the middle of a messy fight.
The Associated Press wants some of the action (money). They say they’re entitled to compensation because the artist created the image from an AP photo.
“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.”
No dough
The artist doesn’t agree. His lawyers say it’s fair use.
“We believe fair use protects Shepard’s right to do what he did here,” Anthony Falzone told the Associated Press. “It wouldn’t be appropriate to comment beyond that at this time because we are in discussions about this with the AP.”
Where’s it go now? Who knows. We’ll wait to find out.
Cheers
Oh yeah, in the spirit of Cliff Claven, here’s a little known fact about the image.
The LA Times’s Andy Malcolm reveals that the photo Fairey created the image from was snapped while Obama was listening to a Republican speak! The ever-inspiring Kansas Senator Sam Brownback.
“Oh, the irony!”, howls Malcolm.
<< Obama prays at breakfast, launches White House office on faith | MainComments
3. eric hardman | 02.05.09
It’s fair use to base a painting on a photo, not copyright infringement. Separate works of art, no foul.
5. ComeOn | 02.05.09
What planet is the AP coming from the pictures don’t even look the same they ought to be thrown out of the business. Because they are so large and the artist is another small guy trying to make a buck think they can push the little guy around.
Shepard Fairey stand tall and give the AP the finger and tell them to Kiss your rear end.
7. sheps bud | 02.05.09
Shep’s a good dude,
BUT….
His entire shtick is copying famous icons and riding on their glory… It’s about time someone got rightfully ****** that he’s stealing art, fame and making the money.
8. bobbiej | 02.05.09
What has happened to the open culture we used to have? Artists shared work, images and songs were enhanced, passed back and forth like a volley ball getting better with each pass. Once images are out there they really become a part of the thread of our culture. Because of the current copyright rules I can not paint a still life painting that has a Mickey mouse toy in it that my son used to love. There is the wagon, the magic wand, the cap rocket, but the mickey mouse whose arms were loved off has to be put out of the picture. It was there, it was a part of our shared history, but it is erased because a corporation (not even Walt Disney or his family) wants to protect it. The real irony of this is that most of the characters were at the time lifted from other peoples cartoons and characters…Walt Disney’s employees copied them.
9. Robert | 02.05.09
What a ridiculous lawsuit! Hasn’t the AP got anything better to do? Like, reporting the news?
10. Andrew P | 02.05.09
Mr. Fairey could have avoided the controversy entirely if he had worked from a mirror image of the photo. Of course, it wouldn’t have looked quite right, because Obama would have been looking to the right, while we know that he only is able to look to the left.
11. John E | 02.05.09
Oh, yeah? Then Obama’s entitled to get money from AP for ALL the photos they took of him.
12. Lal Morris | 02.05.09
Robert Therrien, I disagree. The legal definition of “public domain” is strict, specific and limited. Something being on the Internet doesn’t make it public domain. AP clearly copyrights what they publish. That thinking is why I have to deface photos, put ugly warnings on pages, and will soon file suit against a thief who took material from my pages and used them on hers without and later despite my absolute denial of permission for use.
You might want to read the “Notice from AP” section of the Terms of Service you agreed to when submitting your comment.
13. scott | 02.05.09
My first reaction was to criticize the AP.
Then I googled Shepard Fairey and found this:
http://www.art-for-a-change.com/Obey/
Maybe the AP is doing the art world a favor.
14. bobbiej | 02.06.09
Scott
Shepard Fairy is a gorilla street artist. he is one of the most influential leaders of the movement. much of the movement has been about appropriation. i dont want to give anyone an art history lesson here, but the guy who wrote the article that you have a link to really needs one. His name is Mark Vallen, look at his art. He is obviously jealous of the fact that Fairey is in museums and he is not. This is not a matter as Vallen says of ‘being able to draw’,that is an out dated factor. Just compare Fairey’s work with Vallen’s. Maybe you like Vallen’s better, thats fine, but it is obvious why Fairey is in museums and Vallen isn’t. The museums are perfectly aware of where those source images came from. They are also aware of this debate that you and I are having and the effect that the outcome will have on future art.
15. bobbiej | 02.06.09
Go back to the point of this blog
The AP wants money from Fairey!
How do you know? because the photographer has stated he doesn’t care that Fairey used his image. Fairey took one medium ‘photo journalism’ and turned it into another, ‘fine art’. It wasn’t art until Fairey changed it. It wasn’t even the least bit remarkable until Fairey changed it, and the photographer was probably happy that Fairey brought him notice. The AP has no other stake except to further the argument, and make money from Fairey’s work!
16. vtstream | 02.07.09
The a only thing similar about the two images is the pose and expression of Obama. Everything else is different. The color, the medium, the background, the lettering. It is art. All art is derived from other art.
17. MMcP | 02.07.09
I was under the impression that Fairey created the poster for free. Stating that Obama’s presidency was all the he sought for the creation of the poster.
18. LPW | 02.07.09
Perhaps AP should check that they actually have rights to take the photo.
That is truly questionable. AP is not god but they sure do like to pretend
to be. AP has fallen out of favor with the new press long ago.
They seem to think there are no limits to their infringements to privacy
and rights but they love to make hay over any perceived grounds to their
oppressiveness to others. Most no longer regard AP as the true free press
of the American people anyway.
It seems that AP loves to lord it over others and to borrow from anybody
to get a market and then they love to suppress the important truth of what
they have become. A monopoly.
Trackbacks/Pingbacks
1. Associated Press wants money from Obama artist - Christian Science Monitor | Abstynentka | 02.05.09
Leave a Comment
We do not publish all comments, and we do not publish comments immediately. The comments feature is a forum to discuss the ideas in our stories. Constructive debate - even pointed disagreement - is welcome, but personal attacks on other commenters are not, and will not be published.
Tip: Do not write a novel. Keep it short. We will not publish lengthy comments. Come up with your own statements. This is not a place to cut and paste an email you received. If we recognize it as such, we won't post it.
Please do not post any comments that are commercial in nature or that violate copyrights.
Finally, we will not publish any comments that we regard as obscene, defamatory, or intended to incite violence.
Jimmy Orr has worked in politics for the majority of his professional career working for two U.S. Senators, two Governors and one President. Most recently, Orr served as White House Spokesman and Internet Director for President George W. Bush and Special Advisor to Governor Schwarzenegger for Internet Communications.
David Cook is Washington bureau chief of The Christian Science Monitor and host of the Monitor's newsmaker breakfasts. He was the Monitor's editor from 1994 to 2001. Cook is a graduate of Principia College, served in the U.S. Army, was a Bagehot Fellow at Columbia University, and is a member of the Gridiron Club, Washington's oldest journalistic organization.
1. Robert Therrien | 02.05.09
A picture shot of President Obama, published in the public domain does not enitle the AR to royalties. If it does then President Obama should get all the money the AP gmade for publishing a picture taken of him without his signed permission.