Artist pleads fair use over AP photo of Obama
16 February 2009
Ryan Pasquale, New York
An artist’s rendition of an Associated Press photo that came to symbolise Barack Obama’s presidential campaign has become the subject of a heated debate over fair use in the US
The AP photo was taken during an event at the National Press Club in 2006, and was later digitally altered by artist Shepard Fairey for a series titled the "Obama Works".
The AP claimed that the infringed copyright. But Fairey's lawyer, Anthony Falzone of Stanford University's Fair Use Project, last week filed a complaint in the Southern District of New York to block any future claims by the AP, marking an abrupt end to licensing negotiations between the two parties.
Falzone chose to try the case in the Southern District of New York, where a 2006 judgment in Blanch v Koons...
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