Greg Lastowka on “Hope” Fair Use

[Updated 032009] NPR has withdrawn the image linked here in the original post. The caption for it read: A poster of President Barack Obama, right, by artist Shepard Fairey is shown for comparison with this April 27, 2006, file photo of Obama by Associated Press photographer Mannie Garcia. Fairey has acknowledged the poster is based on the AP photograph. [Source: Mannie Garcia/ Shepard Fairey/AP/NPR]

Law Professor Weighs In On ‘Hope’ Squabble NPR 022609:

Law professor Greg Lastowka talks with Fresh Air about the intellectual-property issues involved in what might be called the audacity-of-”Hope” case.

That’s the dispute between the Associated Press and street artist Shepard Fairey, who have been wrangling in the courts over Fairey’s use of an AP photo as the foundation for his “Hope” poster — an image that became synonymous with the presidential campaign of then-Sen. Barack Obama.

The original photo was taken by AP photographer Mannie Garcia, and Fairey has admitted that his poster is based on Garcia’s photograph. Fairey’s lawyers argue that the poster is protected under what’s called “Fair Use” — a legal construct that allows for certain exceptions to copyright protections.

Lastowka teaches at Rutgers School of Law, Camden and is currently a visiting professor at Columbia Law School. He specializes in intellectual property and Internet law. His work been published in The Washington Post, USA Today, Wired and The Economist.

NPR Fresh Air 022609: Shepard Fairey | Mannie Garcia | Greg Lastowka