Obama Hope Poster: A Copyright Problem Jeffrey Donnell MRDC 3104 894-8568 Spring, 2011 J Donnell / MechE 2110 Wired Magazine [1] The iconic poster that became popular during the 2008 election campaign. J Donnell / MechE 2110 The photograph from which the image was created. J Donnell / MechE 2110 Hoffmania.com [2] The New York Times [3] A comparison of the poster and the photo in the New York Times. J Donnell / MechE 2110 The website of Shepard Fairey, who created the poster. Fairy‟s statement on the Associated Press‟s lawsuit is linked on the right side. http://obeygiant.com/ J Donnell / MechE 2110 The website of Mannie Garcia, whose photo was used to make the poster. The HOPE link at the top of the page will take you to Garcia‟s comments on ownership of the image. http://web.mac.com/manniegarcia/iWeb/mannie%20 garcia/About%20Me.html J Donnell / MechE 2110 The Associated Press (AP) has sued Shepard Fairey, claiming that he illegally reproduced and sold an image that AP owns. The suit, filed in early 2009, has not been resolved. A related criminal investigation was opened in January 2010 and is ongoing. http://www.ap.org/ J Donnell / MechE 2110 04/16/2009 Statement: Statement from The Associated Press on Shepard Fairey Counterclaims Response The Associated Press is still in the process of reviewing Shepard Fairey's response to its Counterclaims, but it is very revealing that rather than present any evidence to justify his own obvious misappropriation of the AP‟s copyrighted work, he instead focuses on making collateral attacks on the AP, one of the oldest and largest news organizations in the world, regarding standard newsgathering activities. Even more disappointing is the fact that Mr. Fairey appears to have deliberately omitted from his filing information regarding the newsgathering context in which the various images were generated and in which they are used. We note that Mr. Fairey admits that he engaged in the hypocritical conduct discussed in the AP‟s Counterclaims, including using the work of others without obtaining a license while at the same time threatening others for using his own works. The Associated Press [4] J Donnell / MechE 2110 The Associated Press. (4-16-09). “Statement from The Associated Press 07/16/2009 Statement Statement from The Associated Press on Mannie Garcia's Employment AP clearly owns the copyright in the photograph as a work for hire. Mannie Garcia was a salaried employee from whom taxes were withheld and to whom overtime was paid, among many other documented indicators providing proof that he was a staff employee at the time the photo was taken in 2006. At the same time, the AP notes that Mr. Garcia shares AP's position that the photo used by Mr. Fairey is protected by copyright. Like AP, Mr. Garcia also disputes Shepard Fairey's assertion of the Fair Use Doctrine and claims infringement of copyright. Paul Colford Director of Media Relations The Associated Press [5] J Donnell / MechE 2110 The Associated Press. (7-16-09). “Statement from The Associated Press on The Moral of the Story • Record the authors and the owners of all information you obtain. • Cite and prepare a reference entry for each borrowed display and each quotation that you use in your reports or presentations. • If you do not cite a source and prepare a reference entry, you are claiming by default that you prepared and own the information. J Donnell / MechE 2110 References 1. J. Wortham, “‟Obey‟ Street Artist Churns out „Hope‟ for Obama.” Wired Magazine (electronic version), September 21, 2008. 2. Hoffmania.com. (1-23-09). “Photo of George Clooney with Barack Obama.” [online]. Available http://hoffmania.com/2009/01/page/2/ 3. The New York Times.com. (4-14-09). “Obama Poster Photographer Says He Owns the Picture.” [online]. Available http://artsbeat.blogs.nytimes.com/tag/barack-obama/page/2/ 4. The Associated Press. (4-16-09). “Statement from The Associated Press on Shepard Fairey Counterclaims.” [online]. Available: http://www.ap.org/pages/about/pressreleases/pr_041609a.html 5. The Associated Press. (7-16-09). “Statement from The Associated Press on Mannie Garcia's Employment.” [online]. Available: http://www.ap.org/pages/about/pressreleases/pr_071609a.html J Donnell / MechE 2110.