March 16, 2011

AP and clothing company settle copyright dispute


The Associated Press and a clothing maker that distributed merchandise based on artist Shepard Fairey's work have settled copyright claims stemming from the use of an AP photograph to create his Barack Obama "HOPE" poster, ending litigation over an iconic image that became a fixture in Obama's 2008 presidential campaign.

The deal announced Wednesday between the AP and Obey Clothing came a week before a Manhattan federal trial was to begin, bringing a quiet resolution to a dispute that the news agency had said threatened its ability to share in revenue produced through the use of its photographs.

March 16, 2011

The Associated Press and Obey Clothing settle copyright infringement suit

The Associated Press and Obey Clothing, an apparel company and exclusive licensee of Shepard Fairey, have agreed to settle their high-profile copyright infringement lawsuit over Obey Clothing’s sale and distribution of apparel and other merchandise bearing the image of Barack Obama in the 2008 Obama Hope poster. Pursuant to that agreement, the AP and Obey Clothing will collaborate to create and sell apparel using Shepard Fairey’s graphics based on photographs owned by the AP. Obey Clothing has further agreed that it will not use another AP photo without obtaining a license from the AP. The parties agree that neither side surrenders its view of the law. Additional financial terms remain confidential. The settlement also amicably resolves claims that the AP filed last week against three retailers who sold T-shirts and other apparel distributed by Obey Clothing.

Mr. Fairey used an AP portrait photograph of Barack Obama in making the Obama Hope poster. Mr. Fairey did not license the photograph from the AP before using it. Mr. Fairey licensed the Hope image to Obey Clothing for use on T-shirts and other merchandise. The litigation involving Mr. Fairey was resolved according to a settlement that included confidential financial terms. The AP also brought claims against Obey Clothing, contending that its T-shirts and other apparel that depicted the Hope image obviously copied the AP’s photo. Obey Clothing claimed, among other things, that it did not appropriate any copyrightable material from the AP’s photo. The AP’s claims against Obey Clothing remained pending and were scheduled to be heard in a jury trial in New York beginning March 21, 2011, before Judge Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York.

“The Associated Press is pleased to have reached a settlement of our lawsuit against Obey Clothing,” said Tom Curley, president and CEO. “This settlement marks the final resolution of the disputes over our rights in the AP’s photograph of Barack Obama. While it was a long road with many twists and turns along the way, the AP is proud of the result and will continue to vigorously defend its copyrighted photographs against wholesale copying and commercialization where there is no legitimate basis for asserting fair use. The AP is particularly gratified that this settlement will benefit the AP’s Emergency Relief Fund, which helps AP staff and families worldwide cope with catastrophes and natural disasters.”
Don Juncal, President of Obey Clothing, said that “The Associated Press has an impressive archive of work provided by talented photographers. We look forward to working with those photographers, as part of our longstanding relationship with Shepard Fairey, to produce and market apparel with the new images that will be created. We have collaborated with other photographers and artists in the past, and hope that will be a successful endeavor for all parties.”

March 11, 2011

AP sues clothing retailers over 'HOPE' image

The Associated Press has sued Urban Outfitters and other clothing retailers in federal court, accusing them of selling T-shirts that violate the news agency's copyright of a photograph of Barack Obama that an artist's "HOPE" image was based on.

The news agency filed separate lawsuits Wednesday against Urban Outfitters Inc., Nordstrom Inc. and Zumiez Inc., seeking unspecified damages for products using the image that were sold at stores nationwide.

In each lawsuit, the AP said the retailers had engaged in willful and blatant violation of the AP's copyright to a photograph that artist Shepard Fairey's "HOPE" image was based on.

The AP and Fairey settled copyright claims against each other this year. A trial over copyright claims brought against a clothing company that sells apparel bearing graphics created by Fairey is scheduled to go to trial March 21.

"We're aware of the lawsuit and are reaching out to our vendor to determine next steps," said Tara Darrow, a Nordstrom spokeswoman.

Representatives of the other retailers did not immediately respond to several messages left for comment.

AP spokesman Paul Colford said in a statement that the copyright issue was important to the not-for-profit news organization.

"When a commercial entity such as these retailers, or the company that sold the shirts to them, gets something for nothing by using an AP photo without credit or compensation, it undermines the AP's ability to cover the news and devalues the work that our journalists do, often in dangerous locations where they may literally risk life and limb to cover a story," he said.

Jan. 12, 2011

AP and Shepard Fairey announce agreement in Obama poster case

The Associated Press, Shepard Fairey and Mr. Fairey’s companies Obey Giant Art, Inc., Obey Giant LLC, and Studio Number One, Inc., have agreed in principle to settle their pending copyright infringement lawsuit over rights in the Obama Hope poster and related merchandise.

Mr. Fairey used an AP portrait photograph of Mr. Obama in making the Hope poster. Mr. Fairey did not license the photograph from the AP before using it. The AP contended that Mr. Fairey copied all of the original, creative expression in the AP’s photograph without crediting or compensating the AP, and that Mr. Fairey’s unlicensed use of the photograph was not a fair use. Mr. Fairey claimed that he did not appropriate any copyrightable material from the AP’s photo, and that, in any event, his use of the photograph constituted a fair use under copyright law.

In settling the lawsuit, the AP and Mr. Fairey have agreed that neither side surrenders its view of the law. Mr. Fairey has agreed that he will not use another AP photo in his work without obtaining a license from the AP. The two sides have also agreed to work together going forward with the Hope image and share the rights to make the posters and merchandise bearing the Hope image and to collaborate on a series of images that Fairey will create based on AP photographs. The parties have agreed to additional financial terms that will remain confidential.

“The Associated Press is pleased to have reached resolution of its lawsuit with Mr. Fairey,” said Tom Curley, president and CEO. “AP will continue to celebrate the outstanding work of its award-winning photographers and use revenue from the licensing of those photos to support its mission as the essential provider of news and photography from around the world. The AP will continue to vigilantly protect its copyrighted photographs against wholesale copying and commercialization where there is no legitimate basis for asserting fair use.”

“I am pleased to have resolved the dispute with the Associated Press,” said Mr. Fairey. “I respect the work of photographers, as well as recognize the need to preserve opportunities for other artists to make fair use of photographic images. I often collaborate with photographers in my work, and I look forward to working with photos provided by the AP’s talented photographers.”

The AP's copyright infringement lawsuit against Obey Clothing, the marketer of apparel with the Hope image, remains ongoing.




Jan. 12, 2011

Obama 'HOPE' artist and AP settle copyright claims

The Associated Press and the artist who created the Barack Obama "HOPE" image announced Wednesday they have agreed to settle their copyright infringement claims against each other and will work together again in projects that use the news agency's pictures.

Both sides disclosed the agreement in a joint release, ending a fight that began after Shepard Fairey's art based on a 2006 AP photograph became an iconic image in Obama's presidential campaign. The red, cream and light-blue image shows a determined-looking Obama gazing upward, with the caption "HOPE."

Fairey sued the AP in 2009, seeking a court declaration that he did not violate AP's copyrights with the Obama image. The AP countersued, saying he did through his uncredited, uncompensated use of its picture.

Fairey agreed to not use another AP photograph in his work without obtaining a license from the news cooperative, and the two sides agreed to share the profits of posters and merchandise bearing the "HOPE" image. The two sides also reached a financial settlement; terms weren't disclosed.

Neither side surrenders its view of the legal issues surrounding the dispute, the release said.

Aug. 23, 2010

AP Statement: AP pleased with withdrawal of Mannie Garcia from Shepard Fairey case

The Associated Press is very pleased that Mannie Garcia has withdrawn from the case with prejudice, meaning that he cannot refile his claim against the AP. The AP has not wavered in its belief that Mr. Garcia was a staff photographer at the time he took the image of then-Sen. Barack Obama, that AP properly employed Mr. Garcia, and that AP is the rightful copyright owner of the photo in question. Further, the AP is pleased that Mr. Garcia voluntarily withdrew without any payment or consideration of any kind -- this was not a settlement. In a Court hearing today, Judge Alvin Hellerstein indicated that he would sign the stipulation and enter the order. Also in today’s hearing, the judge set both a summary judgment schedule and a trial schedule for the case involving Shepard Fairey. The AP is happy to have these dates set. The AP continues to be confident in its position that the use Fairey made of its photo is not fair use, but one that should have been licensed so as to help ensure the AP's photographers will be able to continue creating new works. The AP looks forward to resolution whether through summary judgment or trial on the merits.

Aug. 23, 2010


Trial date set in AP-artist dispute in NYC

A judge has set a March trial to decide whether the artist who created the Barack Obama "HOPE" image violated The Associated Press' copyright when he based the image on one of the news agency's pictures. Federal Judge Alvin Hellerstein said Monday that the selection of eight jurors will begin March 21 in New York. Read more...



Aug. 20, 2010


Photographer and AP drop claims against each other

A photographer who took a picture that the Barack Obama "HOPE" image was based on dropped his claim Friday that he owns the copyright to the photograph, instead of The Associated Press. The AP also dropped its claim against him. The stipulation between the AP, photographer Mannie Garcia, and artist Shepard Fairey and his related companies was filed in U.S. District Court in Manhattan, where a judge is presiding over a legal fight to decide whether Fairey infringed AP copyrights when he based his artwork on the AP's photograph during Obama's 2008 run for the presidency. Read more...

April 5, 2010

Evidence ordered released in 'HOPE' artist case

Lawyers for artist Shepard Fairey must disclose the identities of anyone who deleted or destroyed records related to a copyright dispute over the Barack Obama "HOPE" image, a judge said Monday. U.S District Judge Alvin K. Hellerstein ruled in favor of The Associated Press in most of its requests for evidence, including when Fairey's lawyers first knew the AP had asserted that it holds the copyright to a photograph the image was based on. He said lawyers must disclose relevant documents that were deleted or destroyed from Fairey's files and when the deletions or destruction occurred. Hellerstein further said the lawyers must disclose the identities of anyone who tampered with or destroyed records, commanded and supervised the acts or was told about them. Read more ...

Jan. 26, 2010

Judge: 'HOPE' artist under criminal investigation

A judge permitted the disclosure for the first time Tuesday that the artist known for his Barack Obama "HOPE" image is under criminal investigation, though details of the probe were not divulged. U.S. District Judge Alvin K. Hellerstein mentioned the grand jury probe in a handwritten note denying a request by a lawyer for artist Shepard Fairey that a hearing relating to a copyright lawsuit they brought against The Associated Press be closed. Read more ...



Nov. 10, 2009

AP Statement: AP pleased the court considers spoilation and fabrication of evidence serious