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Shepard Fairey apology re: Associated Press Fair Use Case

Source: obeygiant.com| Tags:  General News Graphic Design



"...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...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..."

This was very disappointing to read, but it takes courage to come out and share his new message (downloadable pdf available via OBEY Giant). Now we have a resolution to the Shepard Fairey/Associated Press Barack Obama Hope Poster saga, just one we never imagined, and we are all left feeling like fools.



Here's an old post Karen made about "Milton Glaser on Shepard Fairey and Plagiarism." At the time she wrote "...If infact Shepard Fairey’s usage of the Barack Obama image was not “fair use”, this will open up further questioning on much of the design and illustration work taking place today..."

Back in 2008, Sean Hartman interviewed Shepard Fairey for design:related.

Below is also a video clip of Shepard Fairey on the Colbert Report, defending his use of appropriation for his iconic Barack Obama poster:

The Colbert ReportMon - Thurs 11:30pm / 10:30c
Shepard Fairey
www.colbertnation.com
Colbert Report Full EpisodesPolitical HumorMichael Moore

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Karen Horton

on October 17, 2009 - 09:48 AM

“Now The New York Times has picked up the story, "Artist Admits Using Other Photo for ‘Hope’ Poster."



(d:r actually found out about this situation last night, minutes after a tweet was made by OBEY Giant. At the time we weren't able to find any info online other than Shepard Fairey's personal statement. Now I think all media outlets that previously praised, defended, or opposed Fairey, will feel the need to offer commentary on the situation (and in a way their own apologies). I have to admit I feel bad bringing extra attention to this, but it is an important lesson that nothing good ever comes out of being deceptive).”


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Sean Hartman

on October 17, 2009 - 10:01 PM

“I personally think the disappointing part of the story is the fact that Shepard found himself in a position where he believed he had to be deceptive in his defense. While I think that it's good ethics to acknowledge the original source when referencing material for art there's a blurry line between homage, transformative use and plagiarism. For example, Andy Warhol's Marilyn, is covered by fair use as transformative work (http://bit.ly/cyUC). I feel that this is similar ground. Is Shepard guilty for plagiarism, or for being dishonest in his defense? I think that's the real issue.

This isn't the first time he's been accused of plagiarism, and it may not be the last, but I know that he's always applied his own aesthetic to the final execution and many times he's received permission in his homage or recreation of an image.

I know this must be a tough time for Shepard and his family and I wish them well. I hope that he'll be able to put this all behind him in the near future.”


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