07 February 2009

The Annals of Fair Use ~ AP Pressing On Against All Hope

Barack Obama, 2006. Photograph Mannie Garcia/AP.

At State of the Art there is a brief post suggesting that Associated Press is pressing Shepard Fairy for compensation, claiming that he based his now ubiquitous graphic of Obama/HOPE on this photograph taken by an AP photographer. You can read brief reports on the matter here in Time and here at AFP as well. On the 'curiouser and curiouser' dimension, it seems the photographer himself - Mannie Garcia - claims that he was not an AP employee when he took the photograph in question and that they do not own rights to it. This could get interesting. It seems to me that AP - if it owns the rights - has a loser on its hands legally.

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Blogger Public Squalor said...

Why do you think that?

Besides, I think Shepard Fairy should be liable for false advertising. ;)

- peace

p.s. Does your gmail account work? I've sent along a couple of photography show notices but I'm not sure you're getting them.

07 February, 2009 08:47  

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