Last year's Presidential election was historic on many accounts. Both campaigns saw an unprecedented turnout, as Americans from all walks of life came out in record numbers in support to their candidate of choice. Controversial artist Shepard Fairey, whose work includes "street art, commercial art and design, as well as fine art seen in galleries and museums all over the world,” was one of these Americans. (Complaint, Fairey v. The Associated Press, 09-cv-01123, U.S. District Court, Southern District of New York, at ¶ 9). Fairey's "Hope" and "Progress" posters depicting President Barack Obama became symbols of the Obama campaign and its grassroots support. The image became a familiar sight on the morning commute, adorning cars' bumpers and back windows. A special version of the poster was created for President Obama's inauguration and another version of Fairey's Obama work now hangs in the Smithsonian Institution's National Portrait Gallery in Washington DC.

Yet Fairey's iconic image of President Obama is now under attack. The Associated Press claims that Fairey's Obama works infringe its copyright in the photograph on which the works are based. Fairey admits that he used a photograph, taken by Mannie Garcia at the National Press Club in April 2006, as a "visual reference" in creating his depiction of Obama (Complaint, at ¶ 18). The Associated Press, which claims to own the copyright to Garcia's photograph, contends that Fairey's works are unauthorized copies of that photograph. The Associated Press has allegedly demanded that Fairey enter into a licensing agreement covering his works (Complaint, at ¶ 37).

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