Shepard Fairey Settles With AP, Partially

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Monday, January 17, 2011

GoLocalProv Lifestyle Team

The Associated Press reported a settlement had been reached between the AP and artist Shepard Fairey, a RISD alum best known for a depiction of then-candidate Barack Obama in a globally iconic work that has been informally referred to as the “HOPE” poster. The longtime legal battle centered around a intellectual property rights dispute claiming Fairey used a 2006 image by AP photographer Manny Garcia for his famous artistic rendering, a motion Fairey initially denied, then recanted in 2009, noting that his interpretation was far enough a departure that he should not be forced to pay the press organization. The artist had preemptively sued, seeking a declaration of legitimacy, but was countersued by the AP.

Last week, the two parties reached a settlement—with neither admitting wrongdoing—and Fairey reportedly agreeing not to use another AP photo without a license from the press agency, and in fact, working in collaboration with the AP on a series of their images (to which the two parties will share the rights.

Matters Still Unsettled

Mr. Fairey has agreed that he will not use another AP photo in his work without obtaining a license from the AP. The two sides have also agreed to work together going forward with the "HOPE" image and share the rights to make the posters and merchandise bearing the image and to collaborate on a series of images that Fairey will create based on AP photographs.

“I am pleased to have resolved the dispute with the Associated Press,” said Mr. Fairey in a statement. “I respect the work of photographers, as well as recognize the need to preserve opportunities for other artists to make fair use of photographic images. I often collaborate with photographers in my work, and I look forward to working with photos provided by the AP’s talented photographers.” The statement goes on the say the AP’s copyright infringement lawsuit against Fairey's Obey Clothing, the marketer of apparel with the “HOPE” image, remains ongoing.
 

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