Shepard Fairey Points Out That The AP Used His Image Without A License
from the getting-down-and-dirty dept
In the latest skirmish between the Associated Press and Shepard Fairey over copyright concerning his iconic poster of Barack Obama, Fairey has filed new counterclaims against the AP, including that the AP used the photo of Fairey's poster without getting a license. He also lists out a number of other images of artwork that the AP did not get a license to use, but which it uses within photos, and then states:The doctrine of unclean hands and basic principles of equity prohibit The AP from contending that Counterclaim Defendants' Obama Works infringe The AP's copyrights when The AP itself exploits the copyrighted work of Fairey and other artists without permission and in a manner that is far less transformative than the Obama Works, as illustrated but not limited to, the photographs listed above.It seems this battle is getting nasty. Of course, while making these claims may feel good, it's hard to believe that they'll be all that compelling. The AP will clearly claim that its photos of these pieces of artwork were fair use, as part of news commentary. But, that's probably part of the point being raised by Fairey's legal team. It's unlikely to believe that the AP really abused Fairey's copyright or the copyrights of these other artists, but if it can get the AP defending its acts on fair use principles, then they can easily use the AP's words against it, in explaining why Fairey's image is also covered by fair use.
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Filed Under: copyright, fair use, shepard fairey
Companies: associated press
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Oh, it gets better
The AP emailed a statement to bngbng, outlining that they think it's interesting that he's claiming Fair Use while citing them for acts that they consider Fair Use. And (somehow) that undermines his claims to Fair Use.
The rabbit hole is very deep indeed.
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Fairey and AP
The Associated Press is still in the process of reviewing Shepard Fairey's response to its Counterclaims, but it is very revealing that rather than present any evidence to justify his own obvious misappropriation of the AP’s copyrighted work, he instead focuses on making collateral attacks on the AP, one of the oldest and largest news organizations in the world, regarding standard newsgathering activities.
Even more disappointing is the fact that Mr. Fairey appears to have deliberately omitted from his filing information regarding the newsgathering context in which the various images were generated and in which they are used.
We note that Mr. Fairey admits that he engaged in the hypocritical conduct discussed in the AP’s Counterclaims, including using the work of others without obtaining a license while at the same time threatening others for using his own works.
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Hahahaa
You have to wonder at the sheer greed and stupidity of humanity. Only the lawyers will make out in this, everyone else loses. Idiots.
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Re: Hahahaa
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Stealing!
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Re: Stealing!
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The attorney could and should have argued: "Much in the same way that the AP's use was fair use, so was Shepard Fairey's use."
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Re:
Copyright law is statutory.
Well, a little from column A, and a little from column B.
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Re: Re:
I don't really know what you're talking about. But you cannot use the unclean hands defense/doctrine against statutory claims, only against equitable claims. And copyright is certainly statutory.
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Not really
The counterclaim is a tactical move that will have little bearing, if any, on the outcome of this case. Fairey's fair use defense is going to be extremely interesting to watch develop. However, the AP's fair use claim will not be relevant to Fairey's... the reasoning underlying the arguments will not be similar, nor will they rely on the same authorities (precedents).
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Go Fairey
The internet and technology are here AP. Adapt or die bitches.
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Kindle
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Re: Kindle
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Statement by Shepard Fairey's lawyer in response to AP statement
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Fair Use Only Goes So Far
While it is getting nasty, let's be perfectly honest, AP doesn't have a great track record themselves with Photo Journalist and Artists. AP started this fight, now it looks like someone is willing to pull the cover off some of the dirty laundry AP has lying around....I love a good fight!
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I dont get it - AP has nothing
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There is a fundamental problem with the law when it's so complicated that no one really knows who is in the right and who is in the wrong, because it all comes down to interpretation. It's stupid.
As far as I'm aware this Shepard Fairey dude created the poster with no intention of creating money from it, rather created it as an creative endeavor, so where's the problem. I don't think he copied the photo, at best he probably used a low resolution version of the photo as inspiration for his poster.
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wants his cake and eat it too.
http://www.pittsburghcitypaper.ws/gyrobase/Content?oid=oid%3A59932
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Fairey and AP
With the Doctrine, fair use is not an issue; the only issue is whether you are blameless yourself for the act complained of - it is an estoppel issue, not a rebuttal issue.
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