Society: Be Careful Where You Get Your Images
The AP ‘hopes’ to get some money from Shepard Fairey use of their photo in the creation of his popular image of Obama. Shepard, a Los Angeles street artist found the AP photo through Google images and used it to create the now famous version we have seen all over buttons, posters and even tee shirts. The AP claims he did not get permission from them to use the photo and they want to be compensated. However, Shepard did not receive any compensation from the piece and donated all proceeds directly to the Obama campaign.
The issue is currently being debated in court. However, Shepard’s attorney released the following statement:
“We believe fair use protects Shepard’s right to do what he did here,” says Fairey’s attorney, Anthony Falzone, executive director of the Fair Use Project at Stanford University and a lecturer at the Stanford Law School. “It wouldn’t be appropriate to comment beyond that at this time because we are in discussions about this with the AP.”
If anything, maybe the AP could get something from Urban Outfitters who sold a version of the shirt. I am not sure if Shepard got anything from the UO store though since UO is known for stealing designs from other people and then overcharging customers for it.