A Twist For AP vs Fairey: Photographer May Hold The Copyright

Let's try to keep up: Los Angeles based graphic artist Shepard Fairey Googles images for then Senator Barack Obama to find the right image for a poster that would support his campaign to be the Democratic nominee.

Discussion are already underway about what is fair use and what is plagiarism.

The poster becomes famous by reflecting the tone of Barack's final march to the White House. Said poster gets a lot of press and used to note a triumphant victory while archived by museums.

Then it was discovered the source material, the photo, was shot by AP photographer Mannie Garcia.

More discussion about what is fair use or plagiarism.

Then AP accuses Fairey of copyright infringement.

Now the twist.

Freelance photographer Mannie Garcia stated that he was not AP staff when he took the photo of Obama; he was freelancer and never signed a contract with AP. Evidently, AP has been receptive to Garcia's position about the photograph. After all, he may be the owner of the copyright.

Three of the ten questions answered by Garcia, via PhotoBusiness Forum.

2) Where you either an employee, or a freelance photographer, as defined by their contract, for the AP when you took this image?

I was a temporary hire, filling in for a staffer at the AP. It is my understanding that I was neither a freelancer nor a staffer, but rather a temporary hire. I have never been an AP staff employee, and no, I have never signed an AP contract.

3) So, you own the copyright to the image?

    The ownership of the copyright is in dispute, as per the AP. It is my understanding that since I was not a staffer, and was not a freelancer, and did not sign any contract, that I am the owner of the copyright, but I am in discussions with the AP over this issue.

<snip>

9) So you are pleased with how things are going?

    Honestly, no I am not pleased with how things are going. I think things could be going in a more positive way. Meaning, I want to be kept more in the loop with things. I know AP management is keeping me in the loop, so sometimes I have to ask questions more than once to get an answer. I honestly believe that AP is doing it's best to resolve this situation in a fair way. I mean fair with Mannie Garcia, fair with Shepard Fairey, and all of that. Basically, I hope that all turns out well with all parties concerned.

The saga continues.

view [Ten Questions for Mannie Garcia] via Photo Business News & Forum

Added 2.6: Sean Bonner is tipped and offers his take.