It seems that the Associated Press has a little problem with hope and change when it involves one of their photographs of the new president:
NEW YORK – On buttons, posters and Web sites, the image was everywhere during last year's presidential campaign: A pensiveI'm no lawyer but the fair use argument seems to hold a fair amount of water here, especially since Fairey created a painting using the original photograph merely as its basis. I would also suspect that the fact that he received no financial compensation would add to his case, but the images inclusion in the art exhibit mentioned in the story may negate that claim. looking upward, as if to the future, splashed in a Warholesque red, white and blue and underlined with the caption HOPE.
Designed by 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 ., a Los-Angeles based
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 thein 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.
"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. "It wouldn't be appropriate to comment beyond that at this time because we are in discussions about this with the AP."
(hat tip: PK)