Shepard Fairey's Obama Hope Poster: A Fair Use Dispute

Strategic Insights -

Shepard Fairey's iconic "Obama Hope" poster, created to support President Barack Obama's candidacy, has sparked a fair use dispute between the artist and the Associated Press (AP). The AP accused Fairey of infringing its copyrights, claiming that he used a photograph taken by Mannie Garcia at the National Press Club in 2006 without permission. However, Fairey's team, including the Fair Use Project at Stanford Law School and the San Francisco-based law firm Durie Tangri Lemley Roberts & Kent LLP, argues that Fairey's work is transformative and does not infringe on the AP's copyrights. Fairey's poster, which features an abstracted graphic rendition of Obama, conveys a radically different message than the original photograph, and its value has increased due to its cultural significance.

Key Takeaways:

  • The Fair Use Project at Stanford Law School and Durie Tangri Lemley Roberts & Kent LLP filed a lawsuit on behalf of Shepard Fairey and his production company, Obey Giant Art, Inc., against the Associated Press (AP) to settle the fair use dispute over the "Obama Hope" poster.
  • The AP claims that Fairey's work infringes its copyrights in a photograph taken by Mannie Garcia at the National Press Club in 2006, while Fairey's team argues that his work is transformative and does not infringe on the AP's copyrights.
  • Fairey's poster, which features an abstracted graphic rendition of Obama, conveys a radically different message than the original photograph and has increased the value of the original photograph.
  • The case highlights the importance of fair use in artistic freedom and the need for copyright laws to accommodate transformative works.
  • Shepard Fairey is a renowned visual artist whose work frequently questions and criticizes political figures and world leaders, often incorporating familiar cultural iconography.
  • The "Obama Hope" poster has gained prominence in the United States and abroad, with a copy included in a twenty-year survey of Fairey's work at the Institute for Contemporary Art / Boston and a copy hanging in the Smithsonian's National Portrait Gallery in Washington, D.C.

Statistics:

  • The "Obama Hope" poster was created in January 2008, in collaboration with then-presidential candidate Barack Obama's campaign.
  • The poster features an abstracted graphic rendition of Obama, colored in a palette of red, white, and blue, with the word "hope" in capital letters below the image.
  • The original photograph taken by Mannie Garcia at the National Press Club in April 2006 has been credited as the visual reference used by Fairey.
  • Fairey's poster has increased the value of the original photograph, making it more valuable and culturally significant.

Sources:

  • "Stanford Law School's Fair Use Project Files Lawsuit on Behalf of Artist Shepard Fairey" (Fair Use Project, Stanford Law School)
  • "AP Sues Artist Who Created 'Hope' Poster" (Associated Press)
  • "Shepard Fairey's Obama Hope Poster: A Fair Use Dispute" (Politics & Government Week)
  • "Shepard Fairey: Supply and Demand" (Institute of Contemporary Art / Boston)
  • "Center for Internet and Society" (Stanford Law School)
  • "Durie Tangri Lemley Roberts & Kent LLP" (Durie Tangri Lemley Roberts & Kent LLP)
  • "Anthony Falzone" (Fair Use Project, Stanford Law School)
  • "Julie Ahrens" (Fair Use Project, Stanford Law School)
  • "Mark Lemley" (Stanford Law School)