Shepard Fairey is a graphic artist known for his street art featuring Andre the Giant. The article discusses how Fairey first created stencils of Andre the Giant's face in 1989 as a joke, but it quickly spread and took on a life of its own. Fairey discusses how seeing his stickers in unexpected places around the world surprised him. He also talks about his influences and goals to encourage participation and question what people see.

1. SHEPARD FAIREY RESPONSIBLE DELINQUENT
FORMAT MAGAZINE modern street art does not rate really hard at building up my
January 2008 himself at the top of his profession. design vocabulary through multiple
Shepard Fairey He’s also a fan of the images and sticking with it. I think
by Kobi Annobil establishment’s new favourite anti- that I’m the perfect example of the
establishment gure, Banksy and idea that if you really focus, lack of
http://www.formatmag.com/ digs the London take on the artform technical virtuosity will not hold
features/shepard-fairey/ and what it has to say about the you back. That you’ll still be able to
city. The next time I see Shepard accomplish what you want. Kinda
It’s more than likely, that if again in person is four days later. like punk rock, y’know? Those guys
you’ve ever visited a major city He’s spinning “Made You Look” by who maybe couldn’t play that well,
you’ve seen Shepard Fairey’s work. Nas at his own private view and but they had something to say and
You may not have realize it, but it looking like he’s having the time of they learned how to play, just well
was de nitely lurking somewhere his life. One city at a time, Shepard enough to say it.
near you. Nineteen Eighty Fouria is Fairey is inducting the world into Format: Who would you say
Shepard’s rst real ne art show. his posse. your dominant in uences are?
We caught him as he was preparing “Once the art world has Shepard: There have been several
for the opening. Unstretched validated the art to where it’s worth in uences. In the art world, Andy
canvases are laid out on the gallery thousands of pounds or dollars, Warhol and Barbara Kruger and a
oor as the man behind the Obey people go ‘Well, here it is for free on graf ti artist named Twist, who’s
movement, slowly paces the space, the side of this building, it’s an made the transition from the streets
explaining his work and artistic outdoor museum, we should to the galleries. There’s a poster
process. Ninetenn Eighty Fouria protect this.’” artist who lives in LA named Robbie
sees iconoclasts such as Joe Format: When did you rst Conal, who was one of the rst
Strummer, Bobby Seale, Angela realize you had a air for design? guys to combine his art with
Davis and Bob Marley, elevated to Shepard: I liked to draw since I was political commentary and humour
their rightful place as icons. Not of a a little kid, so I think it was maybe that was in uence, but going
New World Order, but of a Different around rst grade I won the art further back in design, the Russian
One. contest and that was when I Constructivists are a big in uence.
As I’m ushered in, a realized, maybe I was good at Format: What made you
photographer speaks of Shepard in drawing. I guess art was the only choose Andre The Giant’s face as
awed tones. A bit like Dennis thing I was really interested in the image for your best known
Hopper’s photojournalist character making a career out of through high sticker campaign?
in Apocalypse Now, talking about school and I don’t think that I ever Shepard: The Andre The Giant
Colonel Kurtz. “He’s a deep guy” he necessarily thought that I had a sticker was just a spontaneous,
says, as Fairey wraps up another super big talent, but I just couldn’t happy accident. I was teaching a
interview. On the way home, after think of anything else that I’d friend how to make stencils in the
the meeting I see a row of Andre rather be doing. I still don’t think summer of 1989, and I looked for a
The Giant faces staring at me from that I’m anything spectacular. I picture to use in the newspaper,
a wall by Clapham Common. A think that I’m a competent designer and there just happened to be an ad
week later, I notice more Obey and an OK artist, but I think the for wrestling with Andre The Giant
posters on the wall of a bar on strength of what I do is that I gure and I told him that he should make
Ladbroke Grove. His ubiquity is out what the best way to a stencil of it. He said ‘Nah, I’m not
equal measures impressive and communicate an idea is and pair making a stencil of that, that’s
spooky. Not bad for someone who, that down to its essence and keep stupid!” but I thought it was funny
despite his obvious in uence on things simple but appealing. I think so I made the stencil and I made a
that’s my real skill and I’ve worked few stickers and the group of guys I
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2. SHEPARD FAIREY RESPONSIBLE DELINQUENT
was hanging out with always called States where I had never been and and movie posters?
each other The Posse, so it said there was a sticker already there Shepard: Well, skateboarding
Andre The Giant Has A Posse, and it and I thought “This is kinda out in culture was really in uential for
was sort of appropriated from hip- the middle of nowhere and that me. I started skateboarding when I
hop slang – Public Enemy, NWA was really interesting.” But I hear was 14 in 1984 and one of my
and Ice-T were all using the word. about it from people all the time. aspirations was always, because of
What happened was, after They’ll say something like “I was in skateboarding and punk rock
putting a few of the stickers around, Singapore and I saw one of your culture, to T-shirt graphics, or
a lot of people were saying “What’s stickers” and they kinda work like a album graphics or skateboard
this Andre The Giant Has A Posse chain letter because I give so many graphics and now I’ve done all of
thing about?” and I started to away and even when I do sell them, them. So, I didn’t know whether I’d
realize that an image in public has they’re so inexpensive, people want be able to, but it was de nitely a
this power to be provocative and to participate, they want to put goal and I goal that realized, maybe
the more that it’s out there, the them around, so that was always even earlier than I thought I would;
more important it seems and the part of the goal; to encourage when I was 18, I designed some T-
more important it seems, the more participation. Shirt graphics for a skateboard
people want to know what it is and Format: Did you ever expect clothing company and it was very
perceived power because real people to get your work tattooed on rewarding for me to see people
power and a platform and I decided their bodies? wearing a shirt that I’d designed on
that it was fascinating and I wanted Shepard: No – that was really the street. A movie poster like Walk
to push that as far as I could and at surprising. There’s a lot of them The Line – that’s pretty amazing.
the time, just putting a bunch of now. I think maybe those people I’m a fan of Johnny Cash and to get
stickers around Providence, Rhode are being short sighted [laughs]. I’m to do something for a musical artist
Island seemed like taking it far, but very attered by that. that I admire and for a movie that I
then after a while that became Format: Are there any up and think is pretty solid lm. It’s
really easy, then going to Boston coming artists whose work you amazing. Having my work be
and then New York was like the admire? accessible and a part of pop culture
next step. Each small level of Shepard: Yeah – there are several. via music, movies, skateboarding –
accomplishment led to a greater There’s a young guy named all of that stuff is really important
level of ambition. Neckface who I like, who is a graf ti to me that it’s not just in art
Format: What’s the strangest artist that is doing stuff that’s sort galleries.
place you’ve ever seen one of your of primitive but really, really fun Format: Talking world history
stickers? and spontaneous and totally for a second: which events from
Shepard: I was at Bells Beach in breaking the rules of graf ti. So between 88 to present day have
Australia, near Melbourne. I’d been many graf ti artists are engaging in been the most interesting to
in Melbourne for an art show and an artform that was always comment on?
Bells Beach was about an hour supposed to be about rebellion but Shepard: The second war in Iraq
away and we got in the car to drive completely adhering to all the has probably been the most
there just to take a day off for a stylistic rules that have been in important thing for me. 9/11 is
scenic trip. And I got out of the car, place for almost 30 years now. important because it created a
went to go put a sticker up on a Neckface is a guy that’s just doing it climate of fear, that then allowed
pole, got to the pole, went around it in his own way and I like that. the war in Iraq to be pushed
a little bit and saw there was There’s Ryan McGuinness, Rich through, so I’d say the wheels were
already a sticker there. That was Coleman, David Ellis, Swoon… in motion right after that and I was
one of the rst times and de nitely Format: Did you ever think that starting to react to the changing
the only time outside the United you’d see your work on skateboards public mentality. 9/11 was the
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3. SHEPARD FAIREY RESPONSIBLE DELINQUENT
cause and the war is the effect. It’s are inoffensive as possible – if I nd INTERNATIONAL TATTOO
an ongoing thing, but global a boarded up building or a wall MAGAZINE
warming is de nitely something that’s already covered in graf ti or March 1999
I’m very concerned about. Global decaying in some way – unkept – “Always remember to Obey” The
warming and deforestation, that’s an appropriate place for art of Shepard Fairey
overpopulation – a lot of issues with street art. To go and put something Interview by Chris Nieratko
the environment. It’s all stuff I’m on a pristine building that’s
concerned about. obviously gonna piss off the http://obeygiant.com/articles/
Format: Street art is often seen building owner, I don’t think that’s international-tattoo-magazine
by authority gures as vandalism. constructive. I think a lot of what
Is there anything that you think street artists need to do is be a little It’s safe to say everything in life
street artists can do to change that more thoughtful about where boils down to a point of reference.
perception? they’re placing the art. I mean, I can Either you can associate something
Shepard: The perception of street be open about who I am as a street with a previous experience and get
art as vandalism has already, by artist because I feel I can defend the joke or you can’t. Growing up in
someone like Banksy, been called any of my decisions about where the 80′s, most children were fans of
into question because Banksy’s I’ve put my work and if everyone a wildy theatrical dramatization of
work has gone up in value so approached street art with that athletism-professional wrestling.
tremendously that some of the same idea, that they’re gonna be Hairy men with green tongues,
councils are actually protecting his held accountable for it then there hawaiian wife-beaters, makeshift
work now and I think that he has wouldn’t be as many problems. It’s sheiks and other physical oddities
forced a lot of people – not just local like a lot of laws in general exist treated our eyes to some of the
government – but a lot of people in because people don’t use common most visually pleasing actors of the
general, to reassess the role of art sense. So street art – like anything decade. And it’s only naturral that
in public spaces. Once the art world else, if you use common sense, it’s they be remembered.
has validated the art to where it’s easy to defend and it just makes So comes Shepard Fairey, a
worth thousands of pounds or the people that react against it look student at the Rhode Island School
dollars, people go “Well, here it is like narrow minded assholes. of design, a by-product of the bad-
for free on the side of this building, Format Magazine: Can you news decade with all its awful TV/
it’s an outdoor museum, we should nish the following statement, movie/radio programming, looking
protect this.” Art is subjective; some Shepard Fairey is… for a way to capita;ize on the
people think a tag looks beautiful Shepard: [Laughs] covered in wheat warped eye candy of his ’80s
and some people think it looks like paste, right now. No – Shepard
upbringing. And obey giant, a 7’4″,
crap. The way that I’ve tried to Fairey is a graphic artist who would
520-lb. mass just begging for love
change the mentality about street like to get people to question
with his sad, sunken eyes. A love
art with the powers that be or the everything they’re confronted with.
that only Shep could have given.
general population is by being
In 1989, looking for a catchy
willing to explain what I’m doing as
icon to use as a stencil, Shep came
a street artist because I think
across an image of Andre that he
people fear what they don’t
couldn’t pass up. That iconographic
understand.
face of obey giant has since popped
If you’re willing to be articulate
up everywhere from Jim Morrison’s
and explain what you’re doing, that
grave to MTV, making many
removes the ‘fear’ factor and that
peoople laugh and unnerving
helps and additionally, where I put
others.
my art – I try to put it in places that
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4. SHEPARD FAIREY RESPONSIBLE DELINQUENT
The rst time I saw the black encourage people to buy them not wondering what it was. It was
and white sticker, I laughed as something precious but funny, and it had this real primitive
thinking, “That’s so funny, so something they could get a large graphic appeal, too. You could spot
simplistic. I should have thought of quantity of and participate in the it on a stop sign from like 50 yards
that.” That was in 1992. Three years whole process. It was really to away and still tell what it was. We
later, I found myself in Florence, encourage the proliferation of the started sticking them everywhere in
Italy on a bus to Milan, starring out stickers in other parts of the Providence. I remember overhearing
the window, when I noticed a row of country. And it really did work. It people on line at the grocery store,
posters for an upcoming speech by still is working. The people that sell or at parties talking about it and
Castro bombarded with Andre and distribute my clothes, KRUX, that’s when I realized this thing has
stencils. It was then that the joke they sell rolls of stickers, 500 for power and I should exploit that.
got serious and I realized the $50, so they’re still only a dime a That’s pretty much how it started.
staying power of those sad eyes. I piece. It works out good for me. It’s CN: Being looked upon as a
had seen Andre transform from a licensing deal where they print visual terrorist, have you had your
wrestler, to actor, to skate guru to the shirts and the skateboards and I share of arrests? SF: I’ve gotten
an international icon. And for that get a royalty. I send them all the arrested ve times. I guess I had
brief moment, I felt a part of designs and they just do it. The pretty good luck for a while and I
something. Something bigger than posters I still print myself. They started feeling invincible because
all of us. make the clothes, leaving me time from ’89 when I started until ’95 I
Chris Nieratko: How did this all to focus on my art. never got arrested. I had to turn
come to be? CN: Were you a big fan of myself in for doing a billboard
Shepard Fairey: We made the rst wrestling growing up? Why did you where I covered the future mayor’s
stickers at Kinko’s with a straight- choose Andre? [of Providence, Rhode Island] face
up proof sheet with 20 of them on it SF: It was really just random luck. I with a huge 8 1/2-foot Andre head.
and we’d just Xerox it on sticker was a little into wrestling when I But that was just bad luck because
paper. And I started sending those was like 10 years old, but when this his daughter hap- pened to know
to friends in other parts of the started I was just looking through somebody that knew that I did it.
country, telling then to do the same the newspaper for a picture so I Since Providence is such a small
thing. In 1990 I was working for this could teach my friend Eric Pupeki place, it was easy for them to nd
company called Jobless Anti-Work he’s a pro skateboarder how to out that it was me, but I didn’t really
Wear that used to make clothes. paper-cut stencils, because that’s get in a whole lot of trouble for that.
They printed their own vinyl how I was making all my stencils Later on, it started getting worse. I
stickers, so I started making my back then. I didn’t even know about think the rst arrest was in
own vinyl stickers there. Soon after photo emulsion silk-screening at Providence for putting up a sticker
that, I started my own screen that time. So I found this ad for on the X-treme Games course. I had
printing business. That’s how I was wrestling in the paper with a picture put a huge ve-foot stencil on the
able to get so many made and so of Andre. I started laughing at it and luge course, thinking that they were
many out there because, owning my we just decided that was going to be gonna lm it from above and they
own screen printing business, I the mascot for our little clique of didn’t do that. They only lmed it
would just print up stickers, week skateboarders, the skate posse. from street level. I was like, “Fuck,
after week. I hired a guy that would “obey giant has a Posse” was what they sabotaged my whole plan!” So I
just print stickers all day, every day. Eric and I came up with. I just wrote went out and started putting
At the time we were selling the that stuff by hand and photocopied stickers over the Taco Bell signs.
stickers at like a dime a piece, and it at Kinko’s. It all took like 10 I was really hated by the Rhode
the reason for selling them so cheap minutes, super fast. It just caught Island School of Design security
which I wish I could still do was to on somehow. People were all staff because it was such a nuisance
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5. SHEPARD FAIREY RESPONSIBLE DELINQUENT
for them to get all the stickers off of cracking down on graf ti and “I am so fucked.” So I got really sick
campus. It was mostly other people graf ti-related crimes. I was in SoHo because they wouldn’t give me my
putting them up. They’d just trickle putting up posters on a building and insulin and I had to be rushed to the
down through the kids that knew these cops in an unmarked car hospital. It was actually good
me. I wasn’t even the one putting pulled up next to me. They were like fortune that that happened, because
them around, but they just saw me graf ti task force guys, they knew they rushed me through trial
as Public Enemy Number 1. One of all the graf ti magazines and they because they didn’t want to lock me
the school security guards saw me were like, “Isn’t this stuff from up again, have the same thing
and called the Providence cops, the Rhode Island?” They knew all about happen and have a lawsuit on their
security that worked for the X- it. “We’ve seen this stuff up all over hands. So they didn’t have time to
Games. Next thing you know there’s the city, in six different precincts. prepare a real deep case. All the
six cop cars there, all over a little What’s your involvement in it? Are judge got was a thing saying, rst
black and white sticker. They took you a disciple?” I was like, “Yeah, arrest, possession of a tool of
me in and I spent the night in jail. I’m just a disciple.” But then they criminal mischief, which was spray
After that was in Long Beach. All opened my bag and found like 80 paint. So my public defender got me
this took place in ’96. My luck really posters, I’m wearing cargo pants off with time served since I’d
ran out that year. I was putting up stuffed full of 300 stickers, two already spent two days in jail. And I
posters all around Long Beach, and spray paint stencils, spray adhesive just walked out the back door as if
this bus driver called the cops on and two cans of paint. This was nothing happened. But now when I
me. I spent the night in jail and then right before I was moving to go to New York I’m extra careful. I
the next day paid $250 to get out. California, so I was trying to leave live in San Diego now, and the City
After that I got busted in New York with a major impression. of San Diego is after me. They sent
Philadelphia. What happened in all They looked at all this stuff and an e-mail to my website which I
these places was there were all said, “We don’t think you’re a recently had to shut down saying
these people that really wanted to disciple, we think you’re the guy. that they wanted to nd me.
get me. In Philly, my girlfriend at Tell us what the truth is and we’ll CN: Do you consider yourself a
the time was living there and I was let you go.” Which, of course was a graf ti artist or a ne artist?
putting a lot of stuff up and there lie, but I was already busted. So I SF: I see what I am doing as really
had been a few newspaper articles admitted I was the guy. They took important. I’m not just a graf ti
about all the Andre stuff popping me downtown and they were artist. This thing has, at least I hope,
up. Then these visual anti-citizens talking about hitting me with felony a greater degree of social relevance
were gunning for me. ‘That Andre charges. l’m sitting in the cell for than most straight-up graf ti, even
guy, he’s a nuisance. We gotta get like two days, they took my insulin though I am into being a punk and
him.’ So this guy with a cell phone and I got really, really sick. When I an antagonist, which a lot of graf ti
called me in. I had to spend a couple rst got there, they put everything guys are into. I also think it’s a bit
days in jail there, which is really in little evidence baggies and they more provocative than tagging. See,
whack because I’m diabetic and had it spread out on this one big I never even wrote graf ti. The
they take your insulin away when table in the station house and they closest thing to graf ti that I do are
you’re in jail because you can only were bringing in tours of all the spray paint stencils, cause you can
take it with a needle and they of cers and everybody from the get a lot of them around, real quick,
consider that a weapon. I got kinda station to look at all the stuff, as if and they’re pretty permanent.
sick in the cell in Philly, but not too they’d found 50 kilos of coke or CN: What’s the deal with that
bad. The worst time, which was the some huge stash of arms. That’s new wrestler that goes by the name
very last time, was in New York. I how they were treat- ing it. It was The Giant?
guess with Guiliani’s whole quality kind of attering and funny, but at SF: I think with the popularity of
of life campaign, they’re really the same time all I could think was, Andre, they want to try and
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6. SHEPARD FAIREY RESPONSIBLE DELINQUENT
reincarnate somebody that will take more antagonistic. At rst, what I just a more extreme take to go on.
his place. You know Billy Crystal wanted to do was make Andre The thing just keeps evolving. I
made that movie, My Giant. I think associated with funny, hokey things always want to maintain the sense
Andre really has a lot of fans, even that people are already familiar of humor in it all. I think it’s real
though he’s dead, and I guess with, like the Flash Gordon or the important that people can see the
people are just trying to come up Jimi Hendrix, Sid Vicious, Gene humor in everything. And even
with something new that can build Simmons icons. I brie y teased though some people don’t see the
off what he was. I think it’s pretty religion when Andre died with humor in the Stalin graphics or the
lame. Andre’s appeal isn’t that he commemorative shirts, a crown of Lenin graphics, people need to
was a huge oddity and everything, thorns around his head. What I realize they are not serious. You
it’s that he acted, he did the realized later on was that there are can’t insert obey giant’s face next to
Princess Bride, it’s that he was really two ways to get people to like that of a communist leader and
funny-looking. There’s so many something. One way is to associate hope that people pull the message,
aspects of him that make him it with things they like, the other “Communist, dead wrestlers should
lovable and appealing, but I have to way is to make people like it take over the world.” There are
say that I have really branched out because the people that dislike it those people that take it that way,
from that, from relying just on his are people they hate, so therefore, that have such a knee-jerk reaction
image. I have simpli ed the face so by default, they like it. If you make to the colors that they automatically
much that a lot of people that don’t conservative people hate it, then think it’s negative. What’s so ironic
know the history of what I’m doing people that are rebellious like it, though is that they are assaulted,
wouldn’t even know that it was even if they don’t know what it bombarded with Marlboro using the
obey giant. See, I’m trying to create means. So people’s reactions to the same colors as l am, but they don’t
it more as a universal Big Brother propaganda stuff, the people that get uptight over that. They should
icon and not just something that are usually scared of things they fear Marlboro way more than a dead
has its roots in wrestling. It’s more don’t understand, are the wrestler, that’s for sure. What I’m
of a propaganda icon than a conservatives and the authoritarian doing now is making fun of
reference to obey giant per se, types that want to maintain a cer- propaganda and advertising
because that can only go so far. The tain order in our society that is easy utilizing the same devices at the
longer he’s been dead and the less to control. They hate it. It’s like a same time. What started the whole
he’s seen in the public eye, the less wrench in the spokes of society to propaganda thing is that I’d been
relevant that factor is going to be. I them. Those people disliking it putting up stencils and stickers a lot
think it’s a funny and interesting makes other people like it. So they on the streets, but I wanted to do
point of departure, but it’s the say, “I don’t know what it is, man, some larger scale stuff, poster-wise,
graphics for me that are the but it just says, ‘fuck the system,’ so and get that out on the street. I
strength of the work. I love it.” And that’s cool and very gured out with the copiers in
CN: You started out with some powerful in that way. Providence, that my friend taught
clever rip-off graphics and have Also, as a graphic artist, it’s me how to rig up to get free copies, I
since moved into an entirely new easy to take things that already could do 11″ x 17″ and there’s
realm with your work. Explain exist and interpolate them and even always spot colors and the spot
where you’re at and what in u- if it’s a clever change, it still gets color is usually red or blue. The
enced that evolution. stale. I’m more interested in, as far reason I was using those super-bold
SF: Well, it started off as a joke. As as my ne-art ambition, doing work images with the red and the black
the joke grew, a lot of people’s that is a little more graphically was that I could run the print
negative reactions were surfacing, challenging than that, so I nd that through twice once with each color
even though it was a harmless joke. the propaganda stuff is more and as long as the registration was
And that made me want to be a bit rewarding to me as an artist. It’s real- ly loose then I could get these
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7. SHEPARD FAIREY RESPONSIBLE DELINQUENT
posters. Free. Like 500 a night. Later your living? make more Giant stuff. The whole
I started screen-printing ones that SF: Not that great. Not really. I sell-out bullshit is just a load of
were the full 18″ x 24″, then I’d have struggled when I was in Rhode crap. If you have an opinion but no
multiple sizes but have like a billion Island to make enough money to way to get it heard, what does your
of these disposable, free ones that I live. It’s expensive to live and make opinion count for? So I do the
could throw up on the street. It’s all that stuff out there and then corporate stuff for my own
very dif cult to make a lot of have to ship it out west and place diabolical reasons. And if I don’t do
screen-printed ones to put up on ads and all of that. But I managed to the Mountain Dew stuff, somebody
the street because it’s so time- get my work out there and get it else will. It’s not gonna change
consuming and expensive. My seen so when I moved west and Mountain Dew. I actually don’t have
budget deemed my aesthetic to be started my design rm with my a problem with Mountain Dew.
black, white and red. Then I just partners here at Black Market a lot They support and fund a lot of
started designing around those of people wanted me to do graphics alternative sports events that
colors. But it made sense. I was for them because they liked a lot of normally wouldn’t get funding. I
already headed in that direction the graphics I did for Giant. In a tried to sneak the Andre face into
with some of my work. It was just a way, Giant alone never sustained the Mountain Dew can, but they
very convenient convergence of my living but it de nitely feeds the didn’t wind up using the actual can
factors. That’s when I came up with graphic design business, which does design that we did, just the icon
the whole OBEY thing. In my video I sustain my living now. Indirectly, design. That would have been pretty
steal some scenes from a movie Giant has been very pivotal in funny it was pretty subtle, but it
called They Live, which is kind of getting as far as I have. We do a lot would have been on every can of
like a conspiracy theory lm with all of stuff for skateboard companies, Mountain Dew.
the authoritarians and assholes on but we also did the most recent CN: What direction do you see
the plan- et are aliens that you can Specials album cover, Suicide your work heading?
only see with certain sun- glasses Machine’s, DJ Spooky and book cov- SF: I don’t know. There’s different
on. But when the people put the ers for Harper Collins, graphics for stuff in uencing me all the time.
sunglasses on all, the the Sierra Club. Bad Religion had me I’m a pop artist in the most basic
advertisements say stuff like OBEY. design a tour poster for them, and I sense. The things I see around me
I thought that was such a funny got Andre’s face on the helmets of are the base of my work, and as I get
metaphor for the insidious presence these sol- diers that were marching bored of one thing and decide to
of all these Andre stickers that in front of a burning city. They read or look at another thing, my
aren’t really physically undermining didn’t care. The biggest corporate scope changes. I”m a very visual
anything, but are kind of an thing that we’ve done was the new person. I’ll see all this communist
annoying nuisance to people that icon that’s gonna be on the propaganda and the message and
want to maintain order. And the Mountain Dew cans that say MD. the power behind it and I’ll force
OBEY is just reverse psychology; it’s 700,000,000 cans. They wanted us to myself to nd out what’s behind it,
really saying DISOBEY. The cool do it because they saw a video about the motivation and the inspiration
reactions that I’ve gotten to the Giant. It’s sort of an inside/outside for the art. I read about it also
OBEY have been: “fuck off” written plan for me, because what I really because I don’t want to seem like a
on the posters, and “dis” written in enjoy is Giant but I can’t make dumb ass not knowing what I’m
front of OBEY. And that’s really enough money from that, so what I borrowing from or inspired by. I’ve
what I’m looking for, to move do is take most of the money from been criticized by people from
people to action, or at least think this corporate stuff and put it back German, Cuban, African and
thoughts they aren’t accustomed to. into making more stickers and Russian cultures. “You’re mixing up
CN: Honestly, how well does posters. So where someone would a whole bunch of different stuff,
the face of a dead wrestler sustain buy a sports car or a boat, I just con icting images, into one thing,”
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8. SHEPARD FAIREY RESPONSIBLE DELINQUENT
they say. It doesn’t really matter. just a reactionary. I’m react- ing to which are pretty piercing. I don’t
I’m going for a feeling that these all this stuff I’m exposed to just as know. It’s funny, because I’m so
things convey, not necessarily the much as people that look at Giant used to that image it doesn’t really
exact politics. are reacting to it. take me back that often. But
CN: What have been some of CN: One question I’ve had since sometimes I get a glance at it and
the stranger interpre- tations of the I rst saw your stuff is how is it you it’s like goofy and ominous and all I
image that you’ve heard? have access to Andre’s image? can think is, “I’m lucky I stumbled
SF: I heard it’s a rock group, it’s SF: I don’t. I stole it. I nally got a upon this thing and that I was able
some cult, it’s a skateboard noti cation from his estate that I to do something,” because it really
company, but I think one of the couldn’t use the phrase “Andre the does stick in people’s minds.
most fascinating things that Giant” in any images or use his face CN: Any last words you’d like to
happened early on was I have this in anything. The thing is, and this is throw in?
friend in South Carolina who is why I had to shut my Web site SF: The only thing I want to say that
Jewish. His parents own a store and down and change the name from I didn’t mention was the use of
we used to go by there, before he www.andrethegiant.com to public space to put your artwork out
knew who was doing the Andre www.obeygiant.com., because the there is a right that every taxpayer
stickers, and just stick one on the WWF owns the name obey giant. It should be entitled to because a
front window. Almost every day we took them nine years to gure it out. billboard, although it may be
did it and every day they’d clean it My Web site seemed like such an suspended above some piece of
off. I think they were getting really of cial obey giant website because property that someone owns and
annoyed, but we heard that they of the name that people kept hit- rents to the company putting up the
called the police saying that some ting it up. I don’t even know how I billboard, it still invades everyone’s
anti-Semitic group was targeting got that domain name. You’d think space and infringes on your visual
their store. That statement alone it would have been taken. A lot of horizon. Therefore, as a taxpayer
re ects their persecution complex wrestling fans were hitting the site, you should be able to put whatever
and it, of course, had nothing to do and eventually somebody pointed it you want out there for people to
with anti- Semitism. We were out to the WWF people. But in the look at. All that shit on the
friends with their son. That was an more recent images that I’ve done, billboards, bus stops, and buses is
interesting one. On the other hand, the face has changed enough from advertising. Which is basically
somebody once wrote on a poster the original likeness to not be saying you’re only allowed to speak
with the star above the skyline, copyright infringement. So what I’m your mind or put your thing out
“fuck you nazis.” It’s all about gonna do is still make the original there if you have money and you’re
people’s reaction to symbols. I’m sticker, just not sell them or put selling something, and willing to
really trying to desensitize people to that name on any clothing that I pay for the space. It has to be an all-
symbols, because they’re way too could get a lawsuit for. As far as the or-nothing thing. Either everybody
loaded. The star is used by so many ne art domain, it’s totally open. that’s motivated to put stuff out on
different cultures that think they Warhol didn’t get sued for using electrical boxes, post boxes, I’m not
oppose each other politically like Marilyn Monroe’s likeness, as long it saying private property, mind you
the Russians, the Chinese, the was changed enough. I just can’t private property owned by an
Americans, the rebel ag. The ve- sell products with the name obey individual, or company, not tax
pointed star is just a pleasing icon, giant, so now it’s all gonna just say payer owned you shouldn’t fuck
but you use it with red and people Giant. with that. But public space…all or
assume you’re a communist. It’s CN: When you go to work and nothing. No billboards, no
really funny how peo- ple react to you look at that simple face with its advertisements, or no
symbols. I’m trying to encourage sad, sunken eyes, what do you see? discriminating against people with
people to think rst, react later. I’m SF: What do I see? Just those eyes, no money. It’s unethical. Being
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9. SHEPARD FAIREY RESPONSIBLE DELINQUENT
arrested, to me, is so ironic because Scene on the Road confused. Then it hit me, and I
I don’t pull up to the billboard January 23, 2009 thought wow. That's why it always
people’s place and say, “Your A Last Word - HOPEfully - and seemed so familiar."
advertisement is offensive to me, Updates on the Obama Poster Photo Of the iconic poster he said,
I’m taking you away.” I think that’s Mystery "I've been on the campaign for
a concept that most people don’t by Tom Gralish twenty something months, so I
even think about, but is so would see the artwork, I would
legitimate in my eyes. http://blogs.phillynews.com/ photograph it, and think what is
inquirer/sceneonroad/2009/01/ with this image? But it didn't snap.
a_last_word_hopefully_and_upda_1.ht It never occurred to me it was my
ml picture. I thought, 'that's familiar.' I
would see it and say that's cool, but
After almost a year now, credit it did keep sticking in my head." He
for the photo source of the very rst was quick to add he is not mad at
Shepard Fairey Obama poster Fairey, and he's not looking at any
(above, left) can be given properly to lawsuits. "I know artists like to look
photographer Mannie Garcia. He at things; they see things and they
joins previously credited make stuff. It's a really cool piece of
photographers David C. Turney work. I wouldn't mind getting a
(center) and Brooks Kraft (right), signed litho or something from the
who provided the basis for two of artist to put up on my wall."
Fairey's works later in the election I talked with him again this
year. morning, and he is still proud his
Since my last post two days ago photo is the basis of the painting
ended with my falling asleep, I that now hangs in the National
wanted to update a few things, and Portrait Gallery, a part of the
maybe call this my last full post on Smithsonian Institution, in
the Obama Poster Photo Source Washington, DC - the rst portrait
topic. As I said to a few commenters of the new president to enter the
on Wednesday, then I can go back national collection.
to blogging about shooting Speaking of hanging on walls,
newspaper weather feature photos The Danziger Projects Gallery is
and living vicariously through the working with the AP to include
adventures of my bigger-city Mannie's photo in their "CAN & DID
photojournalism colleagues. - Graphics, Art, and Photography
Mannie did call me back that from the Obama Campaign" exhibit
morning, and when we rst talked that just opened on inauguration
he was in the White House already day in New York - and in a limited
covering President Obama's very edition of custom archival prints by
rst day on the job. He is still master printmaker David Adamson.
freelancing in Washington, DC, The gallery's James Danziger,
currently covering the White House through his The Year in Pictures
and Capital Hill for Bloomberg blog was also responsible for
News. He told me when he saw my bringing the whole mystery to a
email telling him he was the wider audience than I could ever
photographer, "At rst I was kind of possibly reach with my blog. This
9

10. SHEPARD FAIREY RESPONSIBLE DELINQUENT
"HOPEfully Last Post on the Topic" is out, was mis-credited to Jonathan illustrate a hypothetical Obama
also opportunity to put all the credit Daniel with Getty Images. James inauguration speech. Ironically, the
- and links - in one place, and Danziger, also alerted by Cramer's sleuths began hitting on his page
recognize some of the many web- comment, cleared all that up by just hours before Obama would be
sleuths out there, like him, who talking to Daniel and then Time making his actual address.
didn't give up on nding the photo. picture editor Mark Rykoff. There were also links passed
As near as I can tell, there could Meanwhile, by the time I read my around to the picture at
have been talk about the source email a few hours later and talked photobucket.com, starmedia.com
photo on a forum on Expresso Beans with Cramer, Rykoff had already and with a 2006 CBSnews.com story.
that started with a thread almost xed the Reuters credit on his The photo was also found by many
exactly one year ago - Jan 25, 2008 - website. All I had to do was start sleuths paired up with one of
beginning with an image of the trying to contact Young, who Senator John McCain on a political
Obama "Progress" poster and a coincidentally had just posted a website from just a few months ago
statement attributed to Shepard piece on the Reuters blog about in the general election.
Fairey in support of candidate shooting black and white lm with Throughout Inauguration Day,
Barack Obama promising that his $25 plastic Holga camera. I left a bloggers were copying the Obama
"proceeds from this print go to comment there, and later that night headshot into Photoshop to
produce prints for a large statewide ended up talking with him and his determine how close it really was.
poster campaign." That forum - for boss Gary Hershorn, Reuters By this time most were certain the
admirers, collectors and sellers of Pictures Editor for North America. photo - which appeared to have
Fairey's Obama artwork - was Jim shot the photo in January of been taken by the Associated Press
offered up as a clue in more than 2007 during testimony in the Senate sometime in 2006 - was the one.
one email or comment I received. I con rmation hearings for Deputy Steve Simula compared it
initially looked there, but with Secretary of State John Negroponte. (above) to the Reuters photo on his
almost 4,000 posts on over 200 It took just a few days for links Flickr page. Digital photography
pages of discussion about how to alternative photos to start instructor Nathan Lunstrum also
many different ways the artist showing up as comments on the created a composite and posted it as
signed the "F" on his autographed blogs of everyone involved in the more evidence on his blog, Amble
posters and whether they are search. Graphic artists wrote that On. Like Nathan and a few others,
printed on cream or white stock, I everyone was giving too much Chris Perley (below) rotated it just
gave up. I did learn on the site that credit to Fairey's use of Photoshop slightly, layered it over the HOPE
signed and numbered screen prints image manipulation tools. We photo poster, and then changed the
of the original "Progress" run of 350 people just assumed the artist did opacity so you can see both
have sold for as much as $5500. on some work on it, including adding together.
ebay, with the latest sale listed - on the rest of the necktie and With the actual image now
Jan. 21st - for $3152. shoulders. That's why we were so nailed down, all that remained then
I don't know if anyone else ever willing to accept the Reuters photo was determining the true source of
looked there, but it was Mike as the source. Portrait artists offered the photo and the identity of the
Cramer, a computer programmer that they would never ip a photographer. As I drove back from
here in Philadelphia, who was the person's face. covering the inauguration in
rst to point to the Reuters photo by One of the very rst sites to be Washington that night I fully
Jim Young. He found it, as Fairey linked to with the new photo was expected someone would have
said he had, by doing a Google an October 2006 blog post on the found the answer by the time I
images search. Intrepid Liberal Journal by woke in the morning.
The photo was illustrating a information professional Robert But, I couldn't get to sleep, so
time.com story which as it turned Ellman. He used the photo to inspired by all the sleuthing by
10

11. SHEPARD FAIREY RESPONSIBLE DELINQUENT
others, I decided to do some isn't an artist because he used his Fairey replies: "You know, I
detective work of my own. It didn't sister and a dentist as a basis for actually don't know who the
take long, especially with all the American Gothic?") or do an photographer is...but, whoever you
clues others had already dug up. I "expose" or "force a copyright case," are, thank you..."
kept searching for different versions my own quest for the source image
of the photo, downloading them, stemmed only from my curiosity as
and opening the embedded caption a photographer and a journalist.
les and metadata. As most of the
images on the web are there as a The poster is beautiful and will
result of cutting and pasting, right- no doubt someday end up in art
clicking and saving from other sites, books along with "American
almost every picture I opened had Gothic." When I rst saw it in West
been stripped of all that Philadelphia last winter during the
information... Pennsylvania Primary, I was so
...until I got to a photo on impressed by its social movement
pennlive.com with a Pennsylvania propaganda hip street art look, I
Primary story. walked over to get a closer look. It
That photo had a full caption, was too sophisticated to be from the
complete with Mannie Garcia's local Obama of ce, or for that
name. matter, even from his national
It is entirely possible there are campaign. So I was intrigued.
others who found Mannie's name I always gured the source
rst but didn't get any recognition. photo was made by a White House
Others may have posted comments photographer - someone who has
on a blog somewhere and could still shot thousands of headshots of
be waiting for them to be approved. familiar political faces. Otherwise, I
But the entire discovery process was guessed a photographer shooting
really a collaborative effort between Obama up close just one time in
everyone who cared about such their life would have shown the
things. Someday, new or existing pictures to all their friends, and
software will be perfected to better have memorized every single detail
search images on the web. But until of their photos.
then, photos like this will only be Anyway, now we just need to
found through luck or perseverance. hear what Shepard Fairey thinks. He
Like former Time magazine was on NPR's Fresh Air on
photojournalist Dirck Halstead inauguration day, before Mannie
looking for days through his slides Garcia was identi ed - but well after
to nd a photograph of President the Reuters photo was found. You
Clinton hugging Monica Lewinsky in can listen to the whole interview
a crowd of people that was shot well here (Fast forward to the 13 minute
before the scandal broke. mark to hear just the photo part).
Host Terry Gross asks him, "I'm
Also, in response to other wondering if you'd like to give a
bloggers and angry emails that I'm shout out to the photographer
trying to somehow diminish Fairey's whose image that came from?"
work ("...are you saying Grant Wood
11

12. SHEPARD FAIREY RESPONSIBLE DELINQUENT
Huf ngton Post knew it had spread virally so unwelcome endorsement or
October 13, 2008 quickly that it seemed to be af liation.
How the Obama "Hope" Poster everywhere within a matter of days. So I talked to Yosi about it and
Reached a Tipping Point and Most of my questions will he reached out to some people he
Became a Cultural Phenomenon: An examine how and why this knew. Interestingly, Hill Harper
Interview With the Artist Shepard phenomenon caught on so quickly came to my art show in LA at the
Fairey and, in the vein of Malcolm beginning of December -- just about
By Ben Arnon Gladwell's The Tipping Point, who a month after Yosi and I spoke. Just
were the Connectors and Mavens by the nature of my work and the
http:// who helped fan the ames of this topics in my artwork, Hill asked me
www.huf ngtonpost.com/ben- viral phenomenon? who I was supporting. I said Obama
arnon/how-the-obama-hope- My rst question is simply how and I mentioned to Hill the same
poster_b_133874.html did the idea begin and at what point desire to do a poster. Hill said he
did you, Shepard, and Yosi begin knew Obama personally and he
The large majority of people working together? would look into it as well.
reading this post have seen this Shepard Fairey (SF): I met Yosi I didn't want to act without
image before. This iconic image of a couple of times in the past but the permission and have it be seen as
Barack Obama, adorned on posters, time we spoke about Obama was at undermining Obama's goals in any
stickers, clothing and more, was an Adidas event at the end of way. Then Yosi nally got the go-
created by Los Angeles-based, October 2007. Interestingly enough, ahead about two weeks before
contemporary street artist Shepard we talked about Obama and I said Super Tuesday for me to do an
Fairey. This image has become a "Yeah, I dig Obama, he'll probably image. I looked for an image that I
pop cultural phenomenon and an get crushed by the Clinton thought was a good image,
important symbol in the political juggernaut but I dig him." Yosi was illustrated it in one day and had the
landscape of 2008 and beyond. How not as much of a pessimist as I was posters in production the next day. I
did this image spread virally so and he said it would be cool if I did sent the nal over to Yosi who said
quickly? Who was involved in something for [Obama]. Yosi "Looks great, let's roll with it." I had
making that happen? thought we could gure something screen-printed posters printed
A couple of days ago, I spoke out. I said I'd love to but in my past immediately, sold 350 and put
with Shepard and Yosi Sergant, the as an artist, I've always worked as another 350 up on the street. We
marketing/publicity guru who an outsider and I've always decided used the money from selling the 350
helped link Fairey to the Obama not to go through the bureaucracy. to then print up another 4,000
campaign and who helped the My philosophy is usually if I want to posters that are the ones we gave
image transcend from mere poster make things happen I'll just act rst out at those rallies you mentioned.
into a phenomenon. Here's a and apologize later. It also went viral. As soon as I
transcript of the interview: But with this I actually knew posted it on my web site a lot of
Ben Arnon (BA): The rst time I that Obama's support was probably people that go to my web site saw it.
saw the "Hope" poster was at a going to be people who are fairly Yosi also blasted it out to a lot of his
GOTV (Get Out the Vote) rally I progressive and an endorsement contacts. It became very clear
helped organize in South Los from someone like me might not quickly that the demand for an
Angeles on February 2nd, 2008, actually be a welcome endorsement image like that had not been
which was the Saturday before if it made Obama seem like the supplied and that the Obama
Super Tuesday. I vividly remember a fringe, street-artist, radical types supporters were very hungry for it
student volunteer from USC who were his supporters. I really wanted and also very motivated to spread it.
stopped by the rally and handed out to help and I didn't want to be that I think what then happened
tons of posters. The next thing I was that there were a lot of people
12

13. SHEPARD FAIREY RESPONSIBLE DELINQUENT
who were digging Obama but they the revenue from the rst 350 And I included my Obey star
didn't have any way to symbolically posters to get more printed for a full embedded in the Obama logo, not to
show their support. Once there was statewide campaign. At rst I was try to highjack Obama's credibility
an image that represented their just thinking California because as some people have said. But
support for Obama then that there was such a short amount of rather, because I know that my
became their Facebook image or time left until Super Tuesday. But so hard-core collectors would feel that
their email signature or something quickly we saw that the demand they had to buy the poster just
they use on their MySpace page. Or was there so we started shipping because it had an Obey logo.
they printed out the image and the posters all over the country Therefore, I was more or less forcing
made their own little sign that they anywhere that hadn't had a caucus my audience to fund further
taped up in their of ce. Once that or a primary yet. perpetuation of the image.
exists it starts to perpetuate and it BA: Those initial posters -- the BA: Was the majority of your
replicates itself. 350 to sell and 350 for the streets, audience that bought the original
I think a perfect pop culture along with the 4,000 you sent print Los Angeles-based or
example of something like that is around to rallies -- did they all read nationwide?
the Rolling Stones tongue logo. The "Progress" or were they a SF: De nitely nationwide. I had
tongue was a secondary logo on the combination of "Progress" and no idea that it would happen but
back of the Sticky Fingers album, "Hope"? immediately after those prints were
but it was iconic and simple. Now SF: The rst 350 that went up sold out they were selling for
it's sort of undisputed as the Rolling on the street and those 350 that we $2,000-$6,000 on the Internet.
Stones logo even though it was sold all said "Progress". Then Yosi BA: Yes, that was one of the
never created intentionally to be got feedback from the campaign incredible things about this image
that. It found an audience and it saying they wanted to push the that stood out to me. I saw the
manifested. "Hope" message so I switched it to posters originally on Saturday,
Yosi and I did a show in Denver "Hope" for the next ones. February 2nd. The following day I
during the DNC Convention called BA: With those rst 350 that helped organize volunteers at a big
Manifest Hope and I think [the were sold, you were essentially rally at UCLA that featured Michelle
"Hope" poster image] was symbolic seeding these posters with what Obama, Oprah Winfrey, Caroline
of a lot of things including Hope and Malcolm Gladwell would call the Kennedy and others. And there
it just manifested. Connectors and Mavens. Who were were posters passed out there.
these people? Also, did you sell all SF: The posters at that UCLA
Shepard Fairey -- The Artist of these prints online or did you sell rally was all Yosi. I was in the
some on the streets? hospital with my wife who was
Yosi Sergant -- The Publicist SF: I sold them all through my about to have a baby.
BA: Tell me more about that web site which gets a lot of traf c. I Yosi Sergant (YS): I was running
initial run of 350 posters. gured I'm making this image to up and down the aisles rolling up
SF: Well, the way I'm used to in uence my audience but then also posters and sticking them in the
doing things when I print up posters take the revenue to spread this stuff hands of people in the bleachers
is I print some to sell and I print further. But the rst step was who would be in the camera shot.
some to put up on the street. I fund getting it out to my audience. This is BA: Yes, I clearly remember
the ones I put up on the street with how naive I was at the time about that. Then, within a matter of days,
the ones I sell. That way the whole Obama's popularity. I actually I was hearing about these prints
thing is paid for and I'm lowered the price on the print selling on eBay for thousands of
perpetuating things on my own thinking that a lot of people might dollars. And friends of mine
terms. I did that to get the ball be pessimistic about Obama's working on the campaign
rolling and then I was going to use chances and it might not sell well. throughout the entire country had
13

14. SHEPARD FAIREY RESPONSIBLE DELINQUENT
these posters already. There are SF: Yeah, there are store access to information very quickly.
literally companies with large owners who want to put it in their It's bad in that a lot of the
distribution budgets that cannot window, people who put it in the information is bogus. For instance, I
achieve nationwide coverage as window of their homes, people who had already read rumors that I was
quickly as your posters did. It are willing to go out and post it up. pro ting big-time off of the Obama
spread so quickly and so virally. People will put it on a piece of image. Even though that wasn't
Was all of your distribution online cardboard and put it on a stake in valid, I was very cautious not to do
or was there an infrastructure set their front yard. It's pretty amazing anything that would even vaguely
up on the ground? I read on and I think all we did was we put it validate that argument. So I actually
Wikipedia that you have an into some of the right channels so ended up selling a lot of ne art
informal network of collaborators that the people who had that commissions of the Obama image to
who replicate your designs. Is that willingness could get a hold of private collectors and using that
one of the ways you managed to them. money to print more posters rather
achieve such widespread BA: These hubs you describe than continuing to sell the posters.
distribution in such a short period throughout the country -- were they We've sold less than 2,000 posters
of time? mainly street artists and Obama and have printed over 200,000 of
SF: That's actually not even supporters or were they also them. And we've printed 500,000
true. I've read that I have street coordinated through any of cial stickers.
teams throughout the country to Obama campaign staff organizers? We did the same thing with the
put up my posters. But that is YS: For example in stickers. We worked with a friend of
actually not true at all. However, Philadelphia, the main hub center mine who is a sticker printer and
there are a lot of people who are was a gentleman named Tayyib who is an Obama supporter. He sold
really excited about Obama and it's Smith who has a magazine called sticker packs and used all of the
unique. It's something that people 215. There are people in every city pro ts from the sticker packs to
are willing to take the risk to do -- to who are much like Shep and myself. keep printing more stickers. It was a
go out to put some posters on the They have large networks around really beautiful thing the way it all
streets. We sent posters to them, and as you mentioned earlier worked. People who could afford
Philadelphia and they got put up all about Malcolm Gladwell, these stickers bought them and for the
over -- on abandoned buildings and people are the in uencers in each people who couldn't afford them,
on street corners. That's something town. There is a vast network of we just gave the stickers to them.
you don't normally see - that level people who talk to each other on BA: I've seen the posters and
of motivation in people to spread an the regular from city to city. We the stickers but I've never seen
image. There are a lot of graf ti track events we've all done and we bicycle spoke cards though I have
artists who are motivated enough to look at who's doing good work in read that they exist. Were the bike
spread their own work and their each town. We all pay attention to spoke cards only distributed in
own name - I'm one of them -- but each other and we know each certain cities? Also, has the image
this is that unique case where all we other's reach and capabilities. To taken any other form besides
had to do was make the materials nd out who would be the right hub posters, stickers, and bike spoke
and disseminate them to some sort or distribution point in each city is cards?
of hubs around the country and the literally two Google clicks away. SF: We did t-shirts through my
rest of it pretty much took care of SF: The main thing was that we clothing line as well as through
itself. just needed to keep producing the Upper Playground. They've been
YS: The one thing we have no posters because the demand was really helpful at perpetuating the
shortage of is motivated people who high. You know, unfortunately the image. They printed up some shirts
want the poster and who want to Internet is both good and bad. It's and sweatshirts and donated those
spread it far and wide. good because a lot of people have to us to give out. They sold others
14

15. SHEPARD FAIREY RESPONSIBLE DELINQUENT
and put the money back into I'm also going to Washington, BBC News
making more stuff. When we did DC and Boston this month. I have 5 February 2009
bus stop ads in Philadelphia, that legal walls in both cities already Copyright battle over Obama
was paid for with t-shirt money. reserved where I'm going to do image
And Obey Clothing has done t-shirts murals that contain the Obama
too that have been sold at retailers imagery. And I'll do my thing on the http://news.bbc.co.uk/2/hi/
and once again, that money has street also. americas/7872253.stm
gone back into making more posters That's the story about how one
and doing events like what we did image transcended from mere The Associated Press is
at the DNC -- the Manifest Hope art poster into a cultural phenomenon claiming compensation for the use
show -- and we're working on some and an important, iconic symbol of of one of its photographs to create
other things as well. Barack Obama's Presidential the most iconic image of Barack
YS: The bicycle spoke cards campaign. Obama.
were supported and funded by the Please leave comments. Tell us The red, white and blue portrait
pro ts of Shepard's work. But we what the image symbolizes to you. by Shepard Fairey appeared on
reached out to an artist named Also, tell us your story about the thousands of posters and T-shirts
Mags, from New Orleans, who was rst time you saw this iconic image. and is now in Washington's
displaced by Hurricane Katrina. She National Portrait Gallery.
has been making beautiful artwork Lawyers for AP and Shepard
on behalf of Barack Obama for a Fairey are reported to be holding
long time. And we turned that talks.
business into exactly the same Mr Fairey's attorney says it was
thing. We sold bike spoke cards for a case of "fair use", which allows
a buck a piece and then used the exceptions to copyright law.
pro ts to pay for the production. We 'Hoping for amicable solution'
ended up making 20,000 bike spokes The Los Angeles-based street
that we distributed for free artist has acknowledged that the
throughout Oregon before their image is based on a photograph
Primary. taken in April 2006 by Mannie
BA: What are your plans for the Garcia, a photographer on
nal weeks of the campaign? assignment for AP.
SF: We're really trying to get AP's director of media relations
people to get out and vote. I actually Paul Colford says that because it
just did another illustration for the was an AP photograph, its use by
Obama campaign directly that is a Shepard Fairey "required
portrait of Barack smiling and permission" and AP should have
looking very human and also very been credited.
digni ed and Presidential. The "AP safeguards its assets and
message on that image is simply looks at these events on a case-by-
VOTE. Yesterday we did some viral case basis. We have reached out to
video spots with a bunch of Mr Fairey's attorney and are in
musicians and celebrities that were discussions. We hope for an
pieces to encourage people to amicable solution," he said.
support Obama but also just to get However, Mr Fairey's lawyer,
out there and vote. Anthony Falzone, said: "Fair use
15

16. SHEPARD FAIREY RESPONSIBLE DELINQUENT
protects Shepard's right to do what Purpose of the use: was the New York Times
he did here." image used in a commercial or non- February 9, 2009
Fair use commercial way? Artist Sues The A.P. Over Obama
Fair use can, under certain Nature of the copyrighted Image
circumstances, give the public a material: how creative or factual By Randy Kennedy
right to copy an author's work for was the original?
the purpose of criticism, parody, or Transformation of the work: http://www.nytimes.com/
educational use without permission. was the original changed giving it 2009/02/10/arts/design/10fair.html
Georgetown University law new meaning or value?
professor Rebecca Tushnet told the Amount copied: how much of In a pre-emptive strike, the
BBC that while Mr Fairey clearly the original was copied and was it street artist Shepard Fairey led a
copied the photograph, it could be central to the original? lawsuit on Monday against The
argued that what he took from it Effect on the market of the Associated Press, asking a federal
was the basic fact of Mr Obama's original: could it supplant demand judge to declare that he is protected
features, which do not have a for the original? from copyright infringement claims
copyright. in his use of a news photograph as
"If the case were to go to court, the basis for a now ubiquitous
the creative elements of the campaign poster image of President
photograph would have to be Obama.
established in the rst place," she The suit was led in federal
said. court in Manhattan after The
"There's a lot of transformation Associated Press said it had
going on in Mr Fairey's image, and determined that it owned the
the photograph was pretty factual, image, which Mr. Fairey used for
so it could prove tricky for AP", she posters and stickers distributed
said. grass-roots style last year during the
Mr Fairey himself has not election campaign. The photo,
commented on the alleged showing Mr. Obama at the National
copyright infringement. Press Club in April 2006, was taken
Speaking in an interview with for The A.P. by a freelance
the BBC World Service before the photographer, Mannie Garcia.
copyright row erupted, he said he According to the suit, A.P.
was more accustomed to making of cials contacted Mr. Fairey’s
negative posters of politicians, but studio late last month demanding
was inspired to create a positive payment for the use of the photo
image of Barack Obama when he and a portion of any money he
heard him speak at the 2004 makes from it.
Democratic National Convention. Mr. Fairey’s lawyers, including
He was once arrested for Anthony T. Falzone, the executive
yposting the image. director of the Fair Use Project and a
"Being in the National Portrait law lecturer at Stanford University,
Gallery feels like a pretty big coup," contend in the suit that Mr. Fairey
he said. used the photograph only as a
reference and transformed it into a
FAIR USE IN US LAW - KEY “stunning, abstracted and idealized
QUESTIONS visual image that created powerful
16

17. SHEPARD FAIREY RESPONSIBLE DELINQUENT
new meaning and conveys a welcomed it but never of cially The A.P. at the time. In a telephone
radically different message” from adopted it because of copyright interview on Monday, Mr. Garcia
that of the shot Mr. Garcia took. concerns. Before the election, Mr. said he was unsure how he would
The suit asks the judge to Fairey was best known for his fake- proceed now that the matter had
declare that Mr. Fairey’s work is advertising stickers and posters, landed in court. But he said he was
protected under fair-use exceptions pasted in cities across the country, very happy when he found out that
to copyright law, which allow showing an ominous, abstracted his photo was the source of the
limited use of copyrighted materials image of the wrestler Andre the poster image and that he still is.
for purposes like criticism or Giant along with the word “Obey.” “I don’t condone people taking
comment. Mr. Fairey is the focus of a things, just because they can, off
“Fairey did not do anything retrospective that opened last week the Internet,” Mr. Garcia said. “But
wrong,” said Julie A. Ahrens, at the Institute of Contemporary Art in this case I think it’s a very unique
associate director of the Fair Use in Boston. (In a development that situation.”
Project and another of Mr. Fairey’s was not much of a surprise, he was He added, “If you put all the
lawyers, in a statement on Monday. arrested there on Friday, accused of legal stuff away, I’m so proud of the
“He should not have to put up with illegally pasting his work in places photograph and that Fairey did
misguided threats from The A.P.” around Boston; he has pleaded not what he did artistically with it, and
Paul Colford, a spokesman for The guilty.) A collaged work made by Mr. the effect it’s had.”
A.P., said on Monday that the Fairey based on his Obama poster This article has been revised to
agency was “disappointed by the was acquired last month by the re ect the following correction:
surprise ling by Shepard Fairey and National Portrait Gallery in Correction: February 12, 2009
his company and by Mr. Fairey’s Washington, part of the An article on Tuesday about a
failure to recognize the rights of Smithsonian Institution, and placed dispute between The Associated
photographers in their works.” in its permanent collection. Press and the artist Shepard Fairey
He added: “A.P. was in the After Mr. Obama’s victory, over his Barack Obama poster,
middle of settlement discussions speculation increased about which which was based on a photograph
with Mr. Fairey’s attorney last week picture had served as the basis for taken for The A.P., misstated a title
in order to resolve this amicably and Mr. Fairey’s posters. In interviews of one of Mr. Fairey’s lawyers, who
made it clear that a settlement the artist said that it was one he teaches at the Stanford University
would bene t the A.P. Emergency had found on the Internet. Bloggers, Law School and is executive director
Relief Fund, a charitable fund that including the Manhattan gallery of the Fair Use Project there. The
supports A.P. journalists around the owner James Danziger, pursued lawyer, Anthony T. Falzone, is a
world who suffer personal loss from several leads until, according to the lecturer at the law school, not a
natural disasters and con icts.” lawsuit, Tom Gralish, a Pulitzer professor.
Mr. Fairey, 38, has become one Prize-winning photographer for The
of the most visible practitioners of a Philadelphia Inquirer, helped track
guerrilla-style art that has grown down a photo by Mr. Garcia that
out of the graf ti scene but has showed Mr. Obama sitting beside
expanded beyond paint to include a the actor George Clooney at a 2006
wide variety of techniques and event about Darfur at the National
materials, producing works usually Press Club.
displayed illegally on buildings and Further complicating the
signs. dispute, Mr. Garcia contends that
Mr. Fairey decided to create the he, not The Associated Press, owns
image on his own before contacting the copyright for the photo,
the Obama campaign, which according to his contract with the
17