This document discusses the legal dispute between graphic artist Shepard Fairey and The Associated Press over the use of an AP photo in Fairey's iconic 2008 "Hope" poster for Barack Obama's presidential campaign. The AP alleged that Fairey violated copyright by using the photo as reference without permission. Fairey's lawyers argued his work was protected by fair use exceptions. While settlement discussions were occurring, the AP filed a lawsuit seeking credit, compensation and legal fees. The document provides background on the photo and both sides' legal arguments regarding its transformation and use.

1. Barack Obama “Hope” Poster
Austin S.
Jackson D.

2. • Group 1: Attorneys
for AP, arguing that
Fairey violated the
copyright to the
photo and should be
required to pay
license fees.

3. A.P Statement
• The A.P. said in a statement that
the poster, based on an A.P.
photograph taken by Mannie
Garcia in April 2006, requires its
permission for use of the image,
and that it is seeking credit and
compensation for its use in Mr.
Fairey’s works.
• The photo, showing Mr. Obama at
the National Press Club in April
2006, was taken for The A.P. by a
freelance photographer, Mannie
Garcia.

4. Fairey’s Lawyers Argument
• They believe Fairey’s work is protected under fair-use exceptions to copyright law, which
allow limited use of copyrighted materials for purposes like criticism or comment.

5. • In interviews Fairey said that it was one he had found on the Internet. Bloggers, including the
Manhattan gallery owner James Danziger, pursued several leads until, according to the
lawsuit, Tom Gralish, a Pulitzer Prize-winning photographer for The Philadelphia
Inquirer, helped track down a photo by Mr. Garcia that showed Mr. Obama sitting beside the
actor George Clooney at a 2006 event about Darfur at the National Press Club.

6. • “I don’t condone people taking things, just because they can, off the Internet,” Mr.
Garcia said.
• Mr. Fairey decided to create the image on his own before contacting the Obama
campaign, which welcomed it but never officially adopted it because of copyright
concerns.

7. • A.P. officials contacted Mr.
Fairey’s studio demanding
payment for the use of the
photo and a portion of any
money he makes from it.
• Mr. Fairey’s lawyers said Mr.
Fairey used the photograph
only as a reference and
transformed it into a
“stunning, abstracted and
idealized visual image that
created powerful new
meaning and conveys a
radically different message”
from that of the shot Mr.
Garcia took.
• Really, that’s your best
argument, that is poor

8. Settlement Discussions
• “A.P. was in the middle of settlement discussions with Mr. Fairey’s attorney
in order to resolve this amicably and made it clear that a settlement would
benefit the A.P. Emergency Relief Fund, a charitable fund that supports
A.P. journalists around the world who suffer personal loss from natural
disasters and conflicts.”

9. Bibliography
• http://en.wikipedia.org/wiki/File:Barack_Obama_Hope_poster.jpg
• http://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster
• http://en.wikipedia.org/wiki/File:Fairey_poster_photo_source%3F,_by_stevesimula.jpg
• http://www.nytimes.com/2009/02/10/arts/design/10fair.html
• http://3.bp.blogspot.com/_HyyDHyAwI6k/S7FwLF-TjAI/AAAAAAAAIqk/TjmNu1YO7Xs/s1600/obama+fading+hope.jpg
• http://madmikesamerica.com/wp-content/uploads/2011/12/clooney.jpg
• http://0.tqn.com/d/politicalhumor/1/0/L/R/2/obama-nope.gif