The Associated Press is very pleased that Mannie Garcia has withdrawn from the case with prejudice, meaning that he cannot refile his claim against the AP.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.
The Associated Press is pleased that the court made clear today that it considers spoliation and fabrication of evidence very serious, with Judge Hellerstein saying that in his career he had “never seen anything like this." He reserved sanctions motions until the copyright infringement case is resolved. The court also made clear that the discovery calendar established today must be complied with, and there will be no further delays. He ruled that AP may depose not only Mr. Fairey, but also his former counsel and their electronic discovery vendor, regarding the destruction of evidence.
Judge: 'HOPE' artist can switch lawyers in AP suit
Shepard Fairey has a new legal team and new questions he must answer. The street artist known for his Barack Obama "HOPE" image will be permitted to switch attorneys in his copyright fight against The Associated Press, a federal judge ruled Tuesday. Fairey's previous lawyers had sought to withdraw from the case after Fairey contended he had erred about which AP photo he used as the basis for "HOPE" and then tried to destroy evidence of what he claimed was his mistake. The AP had asked U.S. District Judge Alvin K. Hellerstein to deny the switch, saying that Fairey's attorneys had "unique knowledge" about Fairey's actions and that the change would cause "undue delay" and bring additional expenses for the not-for-profit news organization. "I've never seen anything like this," Hellerstein said, referring to the fabrication of evidence. He called Fairey's acknowledged wrongdoing a "serious transgression," but also said he wanted "this case to be decided on the merits." Read more ...
Oct. 20, 2009
AP files amended countersuit in Obama Hope poster case; claims Fairey is purposely deceiving
The Associated Press today filed a motion seeking to amend its Answer, Affirmative Defenses and Counterclaims from last March in the lawsuit filed against the news cooperative by Shepard Fairey and Obey Giant Art, Inc., based on Fairey’s recent revelations that he fabricated and destroyed, or attempted to destroy relevant evidence and other newly discovered information in the lawsuit. The AP disputes Fairey’s most recent allegations that he made a “mistake” about which AP photo he used to create the Obama Hope poster, saying such allegations are “simply not credible.” The filing was made with the U.S. District Court for the Southern District of New York. Read more ...
>>Timeline of Fairey statements
>>AP’s 1st Amended Answer, Affirmative Defenses and Counterclaims (PDF 2.3 mb) marked to reflect changes from original filing of March 2009. Document includes at end new Exhibit D, a copy of Fairey’s counsel’s Oct. 9, 2009 letter.
>>View
images from the AP's Answer and Countersuit
Oct. 16, 2009
AP Statement: Fairey admits he sued AP under false pretenses
Striking at the heart of his fair use case against the AP, 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. 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. Read more ...
Motions and Exhibits filed by Fairey on October 16, 2009
>>Motion to Amend (PDF 32 kb)
>>Exhibit A (PDF 5.1 mb)
>>Exhibit B (PDF 6.3 mb)
>>Exhibit C (PDF 7.5 mb)
>>Statements
and Press Releases
>>Frequently
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