AP vs. Shepard Fairey ~ “Fair” Use

The Associated Press reports that it’s going after Shepard Fairey for his use of a photograph they claim copyright of in his Obama poster:
Designed by Shepard Fairey, a Los-Angeles based street artist, the image has led to sales of hundreds of thousands of posters and stickers, 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 for the AP at the National Press Club in Washington. The AP says it owns the copyright, and wants credit and compensation. Fairey disagrees.
“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.
The AP’s claim is based on somewhat shaky ground, given the way the image was used and the precedent in manipulating photos for these types of campaigns. However even more damning is the fact that the photographer says he doesn’t have a problem with Fairey using his image, and that he claims the AP doesn’t own the copyright anyway! This, of course, is not the first time that Shep’s techniques have been questioned.
You should also click on:- Shepard Fairey Arrested ~ Boston
- Shepard Fairey ~ Kobe Print
- Art and Appropriation and Shepard Fairey ~ Los Angeles
- My Favorite Taco ~ Shepard Fairey
- Shepard Fairey Angry at Local Blogger ~ Echo Park
- Rise Above: The Art of Shepard Fairey ~ September 16 Opening
- Perry Farrell & Shepard Fairey ~ Los Angeles Iconoclasts

(2 tacos)



BEANS wrote:
http://www.art-for-a-change.com/Obey/index.htm
Posted on 05-Feb-09 at 1:13 pm | Permalink
OxDx wrote:
I’m probably one of the few in LA who is not into or impressed by his work… because as the link above shows, this guy has been rehashing and plagiarizing pop icons and old ads for years and making mad amounts of money. AND as a photographer, someone took that AP photo and it’s their property.
Posted on 05-Feb-09 at 1:29 pm | Permalink
OxDx wrote:
I think the way it works is if you take a picture for AP… it’s their property. You have to get permission or pay a fee to use it. All news outlets and agencies pay to use AP file photos and video.
Posted on 05-Feb-09 at 1:32 pm | Permalink
suckseed wrote:
ya fairey is just capitalizing off of ppl that aren’t familiar with the old propoganda style from back in the day. he doesn’t deny that he takes old ideas and rehashes them. but too bad for the fools that think his work is so cool.
props to him for turning into a business and making a living off of it though
Posted on 05-Feb-09 at 5:58 pm | Permalink
Hadley wrote:
I’m not a follower of Shepard Fairey’s, but I would defend him from some of the above criticisms.
While I agree, borrowing iconic images is dicey area, the medium is the message and we live in an age of sampling and re-working icons, so that in of itself is saying something. Rappers spit each others lines in tribute, Tarantino synthesizes his favorite cult films into blockbusters, and I know a whole lot of respected artists who re-tool existing imagery. These things say a lot about who we are at this point and where we are going.
Andy Warhol set a sort of precedent for this kind of work himself, but even there, there is a much different tone and meaning behind his and Shep’s work. Not saying it’s genius, but I do like seeing Malcolm X and Assata appearing on our streets in tribute.
I guess from that angle, Shep has merged radical anti-authoritarian or cult symbols and given them an open but definite new meaning.
I do think he’s pretty over-exposed, there are other artist deserving of the attention, but it’s not the man’s fault he’s a hustler, and he is opening doors for a lot others who deserve it as well.
Posted on 06-Feb-09 at 9:45 am | Permalink
yr momz wrote:
he’s a poseur, blah, blah, blah – it’s all been said. i heard he was arrested in boston tonight.
i hope ap wins this case.
Posted on 06-Feb-09 at 11:43 pm | Permalink