According to wire services reports, the Associated Press is threatening street artist Shepard Fairey with legal action for using an AP photo in creating the famous HOPE posters of the 2008 campaign. This continues the struggling wire service's recent trend of unusually aggressive copyright protection.
First, I should ask the IP attorneys here to weigh in on some of the nuances. From the link you can see the images side by side. It is pretty clear that Fairey created an original image with different lines, a different position, and of course different colors. My guess is that Fairey was looking at the AP photo and aped it pretty closely, but created an original work of art (to say the least), on canvas, using paint or pencils. There is little evidence he actually used a printed copy of the photo in the Hope image.
Is this anything that requires permission? If I am looking at an AP publication and inspired to do something by it, do I need their permission? I don't want to jump to conclusions... but it's AP, the organization that claims every reference to their work requires permission. If I am wrong on this legal principle, let me know and I will take down this diary.
AP frankly makes me sick. The progressive movement noticed the rightward tilt during their recent campaign coverage and labeled them what they were: a dying, useless shell of a formerly famous media institution. Their reaction was increasingly belligerent, from their campaign coverage to their copyright policies. Going after Shepard Fairey seems pretty consistent, in a pathetic way. Their contempt for the internet, Obama, and now Fairey just don't seem like isolated matters.
Oh, and I mentioned AP without their permission, so I'm sure I'll be hearing from their attorneys soon.