Obama Hope Poster: A Copyright Problem Jeffrey Donnell MRDC June, 2010 J Donnell / MechE 2110

J. Wortham, “’Obey’ Street Artist Churns out ‘Hope’ for Obama.” Wired Magazine (electronic version), September 21, Posted , obtained Wired magazine [1] J Donnell / MechE 2110 The iconic poster that became popular during the 2008 election campaign.

Hoffmania.com. ( ). “Photo of George Clooney with Barack Obama.” [online]. Available Posted , obtained from Hoffmania.com, a political blog Hoffmania.com [2] J Donnell / MechE 2110 The photograph from which the image was created.

The New York Times.com. ( ). “Obama Poster Photographer Says He Owns the Picture.” [online]. Available News date April 14, Obtained Aug New York Times.com The New York Times [3] J Donnell / MechE 2110 A comparison of the poster and the photo in the New York Times.

The website of Shepard Fairey, who created the poster. Fairy’s statement on the Associated Press’s lawsuit is linked on the right side. J Donnell / MechE 2110

garcia/About%20Me.html The website of Mannie Garcia, whose photo was used to make the poster. The HOPE link at the top of the page will take you to Garcia’s comments on ownership of the image. J Donnell / MechE 2110

The Associated Press (AP) has sued Shepard Fairey, claiming that he illegally reproduced and sold an image that AP owns. The suit, filed in early 2009, has not been resolved. A related criminal investigation was opened in January 2010 and is ongoing. J Donnell / MechE 2110

04/16/2009 Statement: Statement from The Associated Press on Shepard Fairey Counterclaims Response The Associated Press is still in the process of reviewing Shepard Fairey's response to its Counterclaims, but it is very revealing that rather than present any evidence to justify his own obvious misappropriation of the AP’s copyrighted work, he instead focuses on making collateral attacks on the AP, one of the oldest and largest news organizations in the world, regarding standard newsgathering activities. Even more disappointing is the fact that Mr. Fairey appears to have deliberately omitted from his filing information regarding the newsgathering context in which the various images were generated and in which they are used. We note that Mr. Fairey admits that he engaged in the hypocritical conduct discussed in the AP’s Counterclaims, including using the work of others without obtaining a license while at the same time threatening others for using his own works. The Associated Press. ( ). “Statement from The Associated Press on Shepard Fairey Counterclaims.” [online]. Available: The Associated Press [4] J Donnell / MechE 2110

07/16/2009 Statement Statement from The Associated Press on Mannie Garcia's Employment AP clearly owns the copyright in the photograph as a work for hire. Mannie Garcia was a salaried employee from whom taxes were withheld and to whom overtime was paid, among many other documented indicators providing proof that he was a staff employee at the time the photo was taken in At the same time, the AP notes that Mr. Garcia shares AP's position that the photo used by Mr. Fairey is protected by copyright. Like AP, Mr. Garcia also disputes Shepard Fairey's assertion of the Fair Use Doctrine and claims infringement of copyright. Paul Colford Director of Media Relations The Associated Press. ( ). “Statement from The Associated Press on Mannie Garcia's Employment.” [online]. Available: The Associated Press [5] J Donnell / MechE 2110

References 1.J. Wortham, “’Obey’ Street Artist Churns out ‘Hope’ for Obama.” Wired Magazine (electronic version), September 21, Hoffmania.com. ( ). “Photo of George Clooney with Barack Obama.” [online]. Available 3.The New York Times.com. ( ). “Obama Poster Photographer Says He Owns the Picture.” [online]. Available The Associated Press. ( ). “Statement from The Associated Press on Shepard Fairey Counterclaims.” [online]. Available: The Associated Press. ( ). “Statement from The Associated Press on Mannie Garcia's Employment.” [online]. Available: J Donnell / MechE 2110