Fairey Dust- Up
by Blake on Oct 17, 2009 at 08:03 Political
Shepard Fairey, the man who could use Adobe photoshop, in order to change an image of the then candidate B. H. Obama into a propaganda poster, has been sued by the AP and its photographer for using that image without permission- a copyright infringement.
Then, to make matters worse, he has now admitted that he lied when he, and his little army of attorneys decided to counter- sue the AP- I am guessing in a bid for more publicity, as well as money. When you employ attorneys, there is expected to be money, and the more the merrier. In a giant “oops” moment, Fairey, a former graffiti vandal, had to admit he lied.
Fairey, 39, said in a statement that he was wrong which photo he used and that he tried to hide his error.
“In an attempt to conceal my mistake, I submitted false images and deleted other images,” said Fairey, who has been involved in countersuits with the AP, which has alleged copyright infringement.
“I sincerely apologize for my lapse in judgment and I take full responsibility for my actions which were mine alone. I am taking every step to correct the information and I regret I did not come forward sooner.”
Fairey had claimed he based his “HOPE” drawing on a photo of then-Sen. Barack Obama, seated next to actor George Clooney. The photo was taken in April 2006 by Mannie Garcia, on assignment for the AP, at the National Press Club in Washington.
Fairey now says he started with a solo photograph of Obama — taken at the same event, by the same photographer — a picture seemingly closer to the iconic red, white and blue image of Obama, underlined with the caption HOPE. The AP has long maintained that Fairey used the solo shot.
foxnews.com
Yeah, that’s an “oops” moment alright- also known in more conservative circles as a lie, and an intentional lie at that. What is worse, is that he involved his attorneys in this lie, (but forgot to tell them it was a lie)- attorneys do not like surprises like that . If there are lies to be told, they will tell them.
Attorneys for Fairey have withdrawn and, in papers filed Friday in federal court in Manhattan, stated that he misled them. They also amended the original court documents, reflecting that Fairey used a different picture.
“Mr. Fairey was apparently mistaken about the photograph he used when his original complaint for declaratory relief was filed on February 9, 2009,” the papers say.
“After the original complaint was filed, Mr. Fairey realized his mistake. Instead of acknowledging that mistake, Mr. Fairey attempted to delete the electronic files he had used in creating the illustration at issue. He also created, and delivered to his counsel for production, new documents to make it appear as though he had used the Clooney photograph as his reference.”
Fairey sued the not-for-profit news cooperative in February, arguing that he didn’t violate copyright law because he dramatically changed the image. The AP countersued in March, saying the uncredited, uncompensated use of an AP photo violated copyright laws and signaled a threat to journalism.
foxnews.com
Well, I personally don’t know about that “threat to journalism” the AP was talking about, especially considering how the MSM and the AP have bent over backwards to become the propaganda arm for our Resident. But in this society, money still triumphs over ideology. And the image has made a destitute vandal a lot of money. He may be a one trick pony, but this pony is still paying.
”Shepard Fairey has now been forced to admit that he sued the AP under false pretenses by lying about which AP photograph he used to make the Hope and Progress posters,” Kasi said. ”Mr. Fairey has also now admitted to the AP that he fabricated and attempted to destroy other evidence in an effort to bolster his fair use case and cover up his previous lies and omissions.”
Kasi said the AP would continue to ”vigorously pursue its countersuit alleging that Fairey willfully infringed the AP’s copyright in the close-up photo of then-Sen. Obama.”
The AP plans to donate any proceeds received for past use of the photo to the AP Emergency Relief Fund, which assists staffers and their families around the world who are victims of natural disasters and conflicts.
The ”Hope” image has appeared on countless posters, stickers and buttons. It has appeared in several books and in numerous museums, including a mixed-media stenciled collage version added to the permanent collection of the National Portrait Gallery in Washington.
Fairey also used the AP photograph for an image designed specially for the Obama inaugural committee, which charged anywhere from $100 for a poster to $500 for a poster signed by the artist.
Fairey has said that he first designed the image in early 2008, after he was encouraged by the Obama campaign to come up with some kind of artwork.
nytimes.com
Well, shades of the NEA propaganda conference call- you mean this wasn’t “original inspiration”? Of course it wasn’t, the only surprise being that this image, which a monkey could have done, was shopped out to a graffiti artist, instead of coming out of a PR art department, where it would have cost less and been the property of the campaign, as I am certain that the AP would have given over permission to use that image.
But even the AP has to get a little chapped when some broke- down Andy Warhol wannabe gets kudos for such a lame piece of propaganda, and money to boot. After all, all Shepard Fairey did was trace the image and put in some sick pastel colors- a third grader could do that- and probably will, if the NEA has their way, but that is for another column.
Personally, as a former graphic artist, I was offended at the amateurish poster he had created- it was obvious that he had traced it, and I was amazed at the liberals swooning over this hack job. When I found out that the “artist” was a vandalizing paint huffer, I thought that this was some liberal’s feel- good mentoring of a throw-away person.
But when the money began coming in, so did the truth.
Now, perhaps, Fairey can go back to the walls and resume tagging.
And the AP can get the money it is due.
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Tags: copyright violation, poster, shame, shepard fairey