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, Fairey, represented by the Stanford Fair Use Project and Mark Lemley‘s new law firm, filed suit for declaratory relief in the Southern District of New York. (Complaint)
This suit could raise a number of fascinating copyright issues, some of which I’ve already noted in dispersed comments on other blogs. I’m going to do a series of posts, addressing the following questions:
- Why did Fairey file in the Southern District of New York?
- Does AP actually own the copyright in the Garcia photo?
- Is Fairey’s suit doomed to fail before it even gets off the ground?
- What’s the “original” photo?
- What does the complaint say about the poster creation process?
- What if anything is copyrightable about the photo? Does the poster infringe on that?
- Is the poster subject to a fair use defense?