Of all the photos of Barack Obama that can be found via Google, celebrated street artist Shepard Fairey used one from A.P.
As some of you may remember, Associated Press is ready to challenge anyone using more than 80 words from an AP story as an infringement on their copyright.
So it was bound to happen that when the photo of Obama, used by Fairey for the well known poster, was discovered to have been shot by AP photographer Mannie Garcia, you-know-who would be knocking at the door. Now AP wants Fairey to "obey."
The AP says it owns the copyright, and wants credit and compensation. Fairey disagrees.
"The Associated Press has determined that the photograph used in the poster is an AP photo and that its use required permission," the AP's director of media relations, Paul Colford, said in a statement.
"AP safeguards its assets and looks at these events on a case-by-case basis. We have reached out to Mr. Fairey's attorney and are in discussions. We hope for an amicable solution."
(That's 79 words, AP eyes)
Fairey's attorney is Anthony Falzone, the executive director of the Fair Use Project at Stanford University and lecturer at Stanford Law School. He believes that in the case of the Obama poster, fair use protects the artist's right
A complete rundown of images, and updates, used by Fairey is documented by photographer Tom Gralish at his blog Scene on the Road. Gralish contacted AP's Mannie Garcia for a response:
The compiled graphic is from Tom Gralish who writes "Mannie Garcia joins previously credited photographers David C. Turney (center) and Brooks Kraft (right), who provided the basis for two of Fairey's works later in the election year."