Fairey Tampered With Evidence In AP Case

General art-related discussion.
McDung
Art Connoisseur
Posts: 819
Joined: Fri Aug 11, 2006 1:00 am

Fri Oct 16, 2009 11:04 pm

Update:


STATEMENT ON ASSOCIATED PRESS FAIR USE CASE
STATEMENT ON ASSOCIATED PRESS FAIR USE CASE

In an effort to keep everyone up to date on my legal battle to uphold the principle of fair use in copyright laws, I wanted to notify you of a recent development in my case against The Associated Press (AP).

On October 9, 2009, my lawyers sent a letter to the AP and to the photographer Mannie Garcia, through their lawyers, notifying them that I intend to amend my court pleadings. Throughout the case, there has been a question as to which Mannie Garcia photo I used as a reference to design the HOPE image. The AP claimed it was one photo, and I claimed it was another.

The new filings state for the record that the AP is correct about which photo I used as a reference and that I was mistaken. While I initially believed that the photo I referenced was a different one, I discovered early on in the case that I was wrong.

In an attempt to conceal my mistake I submitted false images and deleted other images. I sincerely apologize for my lapse in judgment and I take full responsibility for my actions which were mine alone. I am taking every step to correct the information and I regret I did not come forward sooner.

I am very sorry to have hurt and disappointed colleagues, friends, and family who have supported me in this difficult case and trying time in my life.

I am also sorry because my actions may distract from what should be the real focus of my case – the right to fair use so that all artists can create freely. Regardless of which of the two images was used, the fair use issue should be the same.

- Shepard


:lol: :lol: :lol:
blazedoutbee
Art Expert
Posts: 4046
Joined: Thu Apr 12, 2007 12:00 am

Fri Oct 16, 2009 11:10 pm

FROM THE GIANT

http://www.eandppub.com/2009/10/surpris ... -case.html

new info out as of October 16 : copypasted here:

Surprising Developments in Shepard Fairey vs. AP Case

A statement emerged tonight from AP concerning its long battle with artist Shepard Fairey over his use of an AP photo as the basic image for his famous Obama campaign poster. AP claims that Fairey's attorneys admit he lied, tried to destroy some evidence, faked others, and that his attorneys have sought to get off the case.

No statement from the attorneys or Fairey has yet appeared.

Statement from Srinandan R. Kasi, VP and General Counsel, The Associated Press:

Striking at the heart of his fair use case against the AP, Shepard Fairey has now been forced to admit that he sued the AP under false pretenses by lying about which AP photograph he used to make the Hope and Progress posters. Mr. Fairey has also now admitted to the AP that he fabricated and attempted to destroy other evidence in an effort to bolster his fair use case and cover up his previous lies and omissions.

In his Feb. 9, 2009 complaint for a declaratory judgment against the AP, Fairey falsely claimed to have used an AP photograph of George Clooney sitting next to then-Sen. Barack Obama as the source of the artist’s Hope and Progress posters. However, as the AP correctly alleged in its March 11, 2009 response, Fairey had instead used a close-up photograph of Obama from the same press event, which is an exact match for Fairey's posters. In its response, the AP also correctly surmised that Fairey had attempted to hide the true identity of the source photo in order to help his case by arguing that he had to make more changes to the source photo than he actually did, i.e., that he at least had to crop it.

After filing the complaint, Fairey went on to make several public statements in which he insisted that the photo with George Clooney was the source image and that “The AP is showing the wrong photo.” It appears that these statements were also false, as were statements that Fairey made describing how he cropped Clooney out of the photo and made other changes to create the posters.

Fairey’s lies about which photo was the source image were discovered after the AP had spent months asking Fairey's counsel for documents regarding the creation of the posters, including copies of any source images that Fairey used. Fairey's counsel has now admitted that Fairey tried to destroy documents that would have revealed which image he actually used. Fairey's counsel has also admitted that he created fake documents as part of his effort to conceal which photo was the source image, including hard copy printouts of an altered version of the Clooney Photo and fake stencil patterns of the Hope and Progress posters. Most recently, on Oct. 15, Fairey’s counsel informed the AP that they intended to seek the Court’s permission to withdraw as counsel for Fairey and his related entities.

The AP intends to vigorously pursue its countersuit alleging that Fairey willfully infringed the AP's copyright in the close-up photo of then-Sen. Obama by using it without permission to create the Hope and Progress posters and related products, including T-shirts and sweatshirts that have led to substantial revenue. According to the AP's in-house counsel, Laura Malone, "Fairey has licensed AP photos in the past for similar uses and should have done so in this case. As a not-for-profit news organization, the AP depends on licensing revenue to stay in business." Proceeds received for past use of the photo will be contributed by the AP to The AP Emergency Relief Fund, which assists staffers and their families around the world who are victims of natural disasters and conflicts.
Last edited by blazedoutbee on Fri Oct 16, 2009 11:12 pm, edited 1 time in total.
User avatar
cadeallaw
Art Expert
Posts: 5447
Joined: Sat Sep 20, 2008 6:12 pm
Location: Dayton, OH
Contact:

Fri Oct 16, 2009 11:12 pm

Legally, I think he has a strong case regardless of where he got the image. He took a picture and made it his own due to the color scheme that he created. When you see mock images of the Progress or Hope prints, it isn't about the angle of the head, it is all about the blue and red color scheme.

The fact that he submitted false images and deleted others just makes him look like a dummy and a liar.

fin
Last edited by cadeallaw on Sat Oct 17, 2009 4:24 pm, edited 2 times in total.
User avatar
ryefish75
EB Team Emeritus
Posts: 7823
Joined: Thu Oct 04, 2007 6:57 pm
Location: Sub-Canadian North America

Fri Oct 16, 2009 11:15 pm

Say it ain't so.
Image
mines
Art Connoisseur
Posts: 386
Joined: Thu Nov 20, 2008 8:18 pm

Fri Oct 16, 2009 11:16 pm

cadeallaw wrote:Honestly... I think he has a strong case regardless of where he got the image. The fact that he submitted false images and deleted others just makes him look like a dummy... a dummy trying to be sneaky.
a dummy and a liar.
User avatar
Staunchy
Art Expert
Posts: 1848
Joined: Thu May 29, 2003 12:00 am
Location: Dayton, Ohio

Fri Oct 16, 2009 11:31 pm

a bad liar
i and i
User avatar
Kdh12
Art Freak
Posts: 10820
Joined: Wed Oct 11, 2006 12:00 am
Location: Here

Fri Oct 16, 2009 11:52 pm

McDung wrote: While I initially believed that the photo I referenced was a different one, I discovered early on in the case that I was wrong.
This part cracks me up, he is trying to say he made a mistake but early on he realized he was wrong


Early, like the day he sat down to make the image :lol:
mmmm Beer :pint:
User avatar
fluffhead
Art Expert
Posts: 1376
Joined: Tue Jan 16, 2007 1:00 am
Location: Rhode Island

Sat Oct 17, 2009 7:52 am

http://www.eandppub.com/2009/10/surpris ... -case.html

http://www.ap.org/iprights/fairey.html

http://latimesblogs.latimes.com/culture ... wsuit.html

In a strange twist to an already complicated legal situation, artist Shepard Fairey admitted today to legal wrongdoing in his ongoing battle with the Associated Press.

Fairey said in a statement issued late Friday that he knowingly submitted false images and deleted others in the legal proceedings, in an attempt to conceal the fact that the AP had correctly identified the photo that Fairey had used as a reference for his "Hope" poster of then-Sen. Barack Obama.

"Throughout the case, there has been a question as to which Mannie Garcia photo I used as a reference to design the HOPE image," Fairey said. "The AP claimed it was one photo, and I claimed it was another."

New filings to the court, he said, "state for the record that the AP is correct about which photo I used...and that I was mistaken. While I initially believed that the photo I referenced was a different one, I discovered early on in the case that I was wrong. In an attempt to conceal my mistake I submitted false images and deleted other images."

In February, the AP claimed that Fairey violated copyright laws when he used one of their images as the basis for the poster. In response, the artist filed a lawsuit against the AP, claiming that he was protected under fair use. Fairey also claimed that he used a different photo as the inspiration for his poster.

After Fairey's admission, a spokesman for the Associated Press issued a statement saying that Fairey "sued the AP under false pretenses by lying about which AP photograph he used."

Fairey said that his lawyers have taken the steps to amend his court pleadings to reflect the fact that "the AP is correct about which photo I used as a reference and that I was mistaken."

The artist expressed his remorse in his statement, saying that he is taking "full responsibility for my actions which were mine alone. I am taking every step to correct the information and I regret I did not come forward sooner. "

He added: "I am very sorry to have hurt and disappointed colleagues, friends, and family who have supported me in this difficult case and trying time in my life."

Fairey's statement said he regretted that his actions would distract from the issue of fair use for artists. "Regardless of which of the two images was used, the fair use issue should be the same," he said.
User avatar
Imatruck
Art Expert
Posts: 6797
Joined: Sat Feb 07, 2004 1:00 am

Sat Oct 17, 2009 8:04 am

liar
User avatar
jojobadass
Art Freak
Posts: 19947
Joined: Fri May 13, 2005 12:00 am
Location: chick-fila
Contact:

Sat Oct 17, 2009 8:10 am

he could make a lot of america's prisons look pretty.
For the best concert and movie posters available, check out: http://www.jojosposters.com

For other art crap....be sure to check out: http://www.jojosfineart.com

And for the kinkiest records in the world......check out the newest website in the Jojo Empire: http://www.jojosrecords.com
User avatar
jimmybobo1
Art Connoisseur
Posts: 709
Joined: Thu Jun 25, 2009 9:34 am
Contact:

Sat Oct 17, 2009 8:44 am

liar, liar, posters on fire....
User avatar
Imatruck
Art Expert
Posts: 6797
Joined: Sat Feb 07, 2004 1:00 am

Sat Oct 17, 2009 9:08 am

I sent him a nice message through his website.
User avatar
mattlew69
Art Expert
Posts: 8538
Joined: Thu Sep 13, 2007 5:03 pm
Location: Midwest

Sat Oct 17, 2009 11:46 am

oh noes!!! say it aint so, Shep, say it aint so.
Image
User avatar
jojobadass
Art Freak
Posts: 19947
Joined: Fri May 13, 2005 12:00 am
Location: chick-fila
Contact:

Sat Oct 17, 2009 11:52 am

so what, now he's a liar and a thief
For the best concert and movie posters available, check out: http://www.jojosposters.com

For other art crap....be sure to check out: http://www.jojosfineart.com

And for the kinkiest records in the world......check out the newest website in the Jojo Empire: http://www.jojosrecords.com
User avatar
AceO
Art Connoisseur
Posts: 319
Joined: Mon Feb 18, 2008 2:11 pm

Sat Oct 17, 2009 12:09 pm

jojobadass wrote:so what, now he's a liar and a thief
and a hypocrite!....Hating people that buy his posters only to resell for a profit. In Fairey's "ideology" it is ok to profit from anothers art, but not ok for another to profit from his art?



HYPOCRITE!
Post Reply