IP Colloquium Tackles Fairey v. AP

Doug Lichtman at UCLA is producing a fantastic series of monthly podcasts on IP issues, called the Intellectual Property Colloquium. This month’s episode is on fair use in the Shepard Fairey case, and features a terrific line-up of guests: Mark Lemley, attorney for Fairey; Dale Cendali, attorney for AP; and Ken Richieri, General Counsel at … Continue reading “IP Colloquium Tackles Fairey v. AP”

Levels of Transformativeness

Brian Frye has an interesting post up over at Concurring Opinions on Friedman v. Guetta, a recent Central District of California copyright case involving an altered photograph of Run-D.M.C. Somewhat like Fairey v. AP, the issues on summary judgement included whether the original photograph was copyrightable and whether Guetta’s use of it was fair. (You … Continue reading “Levels of Transformativeness”

The Obama “Hope” Poster Case — Whoa!

(This is the 8th in a series of posts on Fairey v. Associated Press. See below for other posts in the series.) I’ve been too busy to blog recently about the Hope poster case, but aside from the AP’s answer to Garcia’s claims of ownership, not much has happened. And frankly, given my schedule, I … Continue reading “The Obama “Hope” Poster Case — Whoa!”

The Obama “Hope” Poster Case — Mannie Garcia Weighs In

(This is the 7th in a series of posts on Fairey v. Associated Press. See below for other posts in the series.) [Update (7/23): The court granted Garcia’s motion to intervene, which was unopposed. AP’s and Fairey’s answers are due Aug. 14, fact discovery will continue until October, and the next status conference in the … Continue reading “The Obama “Hope” Poster Case — Mannie Garcia Weighs In”

The Obama “Hope” Poster Case — What’s a “Visual Reference”?

(This is the sixth in a series of posts on Fairey v. Associated Press. See below for other posts in the series.) This is a (second) unplanned additional post in my series on the copyright and litigation issues raised by the Obama “Hope” poster case. One of the key fights in the case is going … Continue reading “The Obama “Hope” Poster Case — What’s a “Visual Reference”?”

The Obama “Hope” Poster Case — AP Strikes Back

(This is the fifth in a series of posts on Fairey v. Associated Press. See below for other posts in the series.) Today, the AP filed its response to the Fairey complaint—and as I predicted, the AP is asserting counterclaims for copyright infringement. Like Fairey’s complaint, the AP’s counterclaims go well beyond merely stating a … Continue reading “The Obama “Hope” Poster Case — AP Strikes Back”

The Obama “Hope” Poster Case — How Was the Poster Created?

(This is the fourth in a series of posts on Fairey v. Associated Press. See below for other posts in the series.) There are two intriguing mysteries in the Shepard Fairey case related to how the Obama Hope poster (above right) was created. First, while Fairey’s poster looks pretty similar to Mannie Garcia’s photograph at … Continue reading “The Obama “Hope” Poster Case — How Was the Poster Created?”

The Obama “Hope” Poster Case — A Copyright Catch-22?

(This is the third in a series of posts on Fairey v. Associated Press. See below for other posts in the series.) Shepard Fairey has sued the Associated Press preemptively. Before the AP could sue him for infringement, he sued for a declaratory judgement under the Declaratory Judgment Act, 28 U.S.C. § 2201, that his … Continue reading “The Obama “Hope” Poster Case — A Copyright Catch-22?”

The Obama “Hope” Poster Case — Who Owns the Photo?

(This is the second in a series of posts on Fairey v. Associated Press, a copyright infringement case filed in New York on Monday involving the Obama “Hope” poster at right. See the first post.) There’s one big mystery that AP needs to clear up right away in this case: who owns the copyright in … Continue reading “The Obama “Hope” Poster Case — Who Owns the Photo?”

The Obama “Hope” Poster Case — Why New York?

In the last several weeks, it’s been revealed that artist Shepard Fairey, who created the iconic “Hope” poster for the Obama campaign on the right, based his poster on a photo taken by AP temporary photographer Manny Garcia, at left. Last week, AP sent a letter to Fairey, requesting “credit and compensation.” (AP) In response, … Continue reading “The Obama “Hope” Poster Case — Why New York?”