Associated Press not buying Hope artist's story 'spin'

by smkovalinsky | October 20, 2009 at 03:15 pm
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Portrait of Barack Obama by Shepard Fairey, at National Portrait Gallery

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Portrait of Barack Obama by Shepard Fairey, at National Portrait Gallery

Associated Press:  Shepard Fairey put 'spin' on story 

The Associated Press is not impressed with a statement released by Obama campaign 'Hope' poster creator,  Frank Shepard, 39,   known as "Shepard Fairey".

They claim he cannot possibly have "forgotten"  which images he used in his work,  and that he is trying to diminish the meaning of his legal actions.  

The Associated Press said on Tuesday that it had filed a motion to amend its counterclaim against the artist Shepard Fairey and that his explanation Friday about which photograph he had used to create a poster of Barack Obama was “simply not credible.” Mr. Fairey, who created the widely seen “Hope” poster of Mr. Obama from a photograph taken for The A.P., filed a pre-emptive lawsuit in February against that news organization, saying that his use of the photograph was covered by fair-use rules. The A.P. filed a countersuit in March, saying Mr. Fairey misappropriated its rights to that image. On Friday, Mr. Fairey admitted that he lied in court papers about using a different photograph of Mr. Obama than the one The A.P. has alleged, and that he created false documents to cover the discrepancy. In a statement, The A.P. said that Mr. Fairey “concocted” this latest explanation to “spin those bad acts in the best light possible to the court and the public.” In its filing the news organization said, “It is simply not credible that Fairey somehow forgot in January 2009 which source image he used to create the infringing works, which were completed only a year earlier in January 2008.”
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Mannie Garcia, an employee of the AP photographed the original image in 2008.  Shepard Fairey claimed at the time of the first lawsuit by the AP that the image which he created for the "Hope" poster was based on a different Mannie Garcia photograph, one of Obama sitting near the actor George Clooney in 2006 (with the latter cropped out, supposedly). Shepard Fairey recanted on this statement this week, saying that he had been confused on which image he had used to make the poster image. Well, now, he is in a heap of trouble with the AP lawsuit against him!!  Mr. Garcia took the photograph which is the complete basis of Mr. Fairey's poster image of Obama as a presidential candidate.

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