Shepard Fairey: Inspiration Or Infringement?


Shepard Fairey's portrait of Obama was installed at the National Portrait Gallery in Washington on Jan. 17, 2009. [Photo by Jewel Samad/AFP/Getty Images/NPR]
Shepard Fairey’s portrait of Obama was installed at the National Portrait Gallery in Washington on Jan. 17, 2009. [Photo by Jewel Samad/AFP/Getty Images/NPR]

Shepard Fairey: Inspiration Or Infringement? : NPR 022609:

The Associated Press has threatened to sue the artist who created the iconic “Hope” poster of Barack Obama for copyright infringement, but Shepard Fairey says his work is protected under the principle of “Fair Use,” which exempts artists and others from some copyright restrictions, under certain circumstances.

Fairey based his poster on an April 2006 photo of Obama taken by AP photographer Mannie Garcia. Last month, the AP contacted Fairey threatening him with a lawsuit for using the image without permission, seeking payment for using it, and asking to share in the profits from it.

Pre-empting the suit, the Stanford Law School’s Fair Use Project filed a lawsuit on behalf of Fairey stating that his work is protected under Fair Use.

Fairey is the founder of Studio Number One, a Los Angeles-based design company; he’s created album covers for several bands, including the Black Eyed Peas and the Smashing Pumpkins.

He joins Fresh Air to talk about the image, the dispute, and why he thinks his poster qualifies as a protected work under Fair Use provisions.

Spreading The Hope: Street Artist Shepard Fairey – NPR 012009:

Shepard Fairey’s illustration of Barack Obama was one of the most iconic images of the campaign — Obama’s face and the word “hope” rendered in red, white, and blue.

Fairey says he made the image to spur voters’ belief in Obama as a leader. The image was never officially adopted by the campaign, however, because of legal issues related to the original photograph he used.

The iconic poster differed from Fairey’s previous work. The image was unusual, Fairey says, because his political art is usually negative.

“I felt that Barack Obama was an unusual candidate, a special candidate, and that it was worth putting my efforts into making something positive,” he told NPR in a Jan. 2009 interview.

Now Fairey is spreading the message of hope again, this time as the official designer of the Obama inauguration poster.

Fairey spawned the “Obey” street art movement which in turn was the inspiration for a line of clothing, and he has designed album covers for several well-known bands, including The Black Eyed Peas and the Smashing Pumpkins. He’s the founder of Studio Number One, a Los Angeles-based design company.

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

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2 Responses to Shepard Fairey: Inspiration Or Infringement?

  1. Pingback: Mannie Garcia: Freelance Photographer Infringed? – Fair Use Lab

  2. Pingback: Greg Lastowka on “Hope” Fair Use – Fair Use Lab

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