via NYT
Oopsey! Looks like Shepard Fairey is in for it with the upcoming court battle over fair-use from the AP photograph he used as a template for creating his Obama 'Hope' Poster. Initially, I had been under the impression that Fairey had used a photograph that had been created to mimic the original image, which would have perhaps given him a stronger case under fair-use, particularly in photography. However, it turns out he lied to the court about where the image originated causing his counsel to withdraw from representing him, not a good sign. To be honest, AP has so much money behind it, the mere thought of a lawsuit from them against any individual is enough to make one shake in their boots. Unfortunately, it looks like Fairey really dug his own grave lying to the court while filing a counter-suit under those false pretenses. Not sure how I feel about this suit, appropriation has been something in the art world for quite some time, Sherry Levine anyone?, I am curious how this is going to pan out.
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