Fairey v The Associated Press

Complaint for Declaratory Judgment and Injunctive Relief


Visual artist Shepard Fairey created what has become known as the "Hope Obamacon." Fairy used a picture of President Obama and created an abstracted graphic rendition of President Obama gazing up and to the viewer’s right, colored in a palette of red, white, and blue with the word HOPE.

The photo that is the basis of Fairey's work was taken by an A.P. freelance photographer, Mannie Garcia.

A.P. claims they own the copyright in the photo, Mr. Garcia claims he owns the copyright in the photo, and Fairey is claiming there has been no infringement based upon "fair use" ... stating a transformation from the photo to the final product.

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Reference Info:Pleadings | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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