The Associated Press (AP) is going after Shepard Fairey - the artist who gave us the iconic Obama "Hope" Poster - on grounds of copyright infringement.
While this is the first time Fairey has been sued by the AP on the grounds of copyright infringement it is not his first encounter with the issues of fair use and copyright law.
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AP - via Google:
Summarizing the linked story.
The Associated Press has come to a determination that the photograph used in the poster has it's origins in an AP photo. They are suing Fairey for credit and compensation. On Fairey's part there is an honest admission that the Hope Poster and related pieces of art are in fact derived from a photo originally taken by Manny Garcia while on assignment for the AP at the National Press Club in Washington in April 2006.
In Fairey's corner he has some heavyweight assistance courtesy of attorney and lecturer, Anthony Falzone, Executive Director of the Fair Use Project at Stanford University. Falzone contends that, "... fair use protects Shepard's right to do what he did here."
Even if AP demands compensation and that is granted, it is highly debatable to what extent Fairey's pocketbook is subject to funding our "favorite" news agency. The fact is that Fairey maintains that he has not received monies for the viral use of the image which he created by posterizing in a manner like Warhol the AP photo. Substantial sales of "Hope" derived works were made by third parties unrelated to Fairey. Though, clearly, Fairey did profit. For instance he did receive monies for preparing a poster for the inaugural committee and certainly has profited from his work in other direct and indirect ways. What is unclear at this time is the total take Fairey's work enjoyed.
(NOTE: As far as I am concerned Fairey made an original piece of work, albeit derived from an existing image, of a public figure. Thus, he is, in my admittedly naive and legally untutored opinion, entitled to any and all proceeds he was able to accrue whether at his web-site or elsewhere. Thus, discussion of "Fairey's take is only important, in my view, in establishing what AP wishes to see a cut from.)
Earlier I mentioned that Fairey has some prior experience with the niceties of copyright and fair use. In fact he has himself brought action against other artists for appropriation by other of some of his earlier work, such as the "Obey" and "Andre the Giant" images. Evidently this required Fairey to issue cease & desist orders against a certain Baxter Orr. - Warning some of the images on the linked page are the antithesis of "Hope." Braxton Orr is apparently an individual who satirizes Fairey's work, and takes shots at President Barack Obama.
I'm guessing that type of policing of your portfolio is typical for an artist. Anyway, there you have it, Shepard Fairey sued by AP for copyright infringement - Fair Use Project in Shepard's corner.
UPDATE: Looks like another diary beat me on the roll - it includes a poll, which is interesting but doesn't contrast Fairey's experience with Braxton Orr with his present legal issues with AP.