13 March 2009

Annals of Fair Use ~ The Wire Service Strikes Back

This from PDN on the ongoing AP v. Shepard Fairey fracas:
[ . . . ] On Wednesday the AP filed its answer to a lawsuit brought last month by Fairey’s attorneys. The AP and Fairey are locked in a dispute over the graphic artist’s famous Barack Obama posters, which feature an illustration based on a 2006 AP photograph by Mannie Garcia.

Fairey says his use of the photograph falls under the Fair Use Doctrine of the copyright law. The AP says Fairey infringed on its copyright and the news organization is entitled to licensing fees and damages.

The AP’s counterclaim accuses Fairey of copyright infringement, violating the Digital Millennium Copyright Act and filing a fraudulent registration with the Copyright Office. The AP seeks the dismissal of Fairey’s lawsuit and unspecified damages, including any profits Fairey and his company, Obey Giant Art, made from the image. [. . .]



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