The Associated Press vs. Fairey

"Artistic Expression Meets Copyright Law: The 'Hope' Poster Controversy"

Short Description

The Associated Press (AP) sued artist Shepard Fairey in 2009, alleging copyright infringement over his use of a photograph of Barack Obama in his iconic "Hope" poster during the 2008 presidential campaign. The AP claimed that Fairey used the photograph without permission or proper attribution, violating their copyright.

Case Background

- Photograph : The photograph was taken by AP photographer Mannie Garcia and licensed to the AP. Garcia had captured the image during a series of photos of Obama for the AP.

- The "Hope" Poster : Shepard Fairey used the photograph as the basis for his "Hope" poster, which became a symbol of Obama's presidential campaign. Fairey's poster was widely distributed and became an iconic image of the campaign.

Claims and Defenses

- AP's Claims : The AP alleged copyright infringement, claiming that Fairey's use of the photograph without permission or proper attribution violated their exclusive rights under copyright law.

- Fairey's Defense : Fairey claimed fair use, arguing that his poster was a transformative work that added significant creative value to the original photograph. He also argued that his use was non-commercial, as the poster was intended to promote Obama's campaign rather than generate profit.

Settlement

- Agreement : In January 2011, the AP and Fairey reached a settlement agreement. The terms of the agreement included Fairey acknowledging the AP's copyright in the photograph and agreeing to share undisclosed profits with the AP.

- Implications : The settlement highlighted the complexities of copyright law and fair use in the context of artistic works. It also underscored the importance of obtaining proper permissions or licenses when using copyrighted materials.