New ICA exhibit includes a controversial image

February 6, 2009 08:00 AM Email| Comments (3)| Text size – +

(AP Photo/Mannie Garcia/ Shepard Fairey)

Artist Shepard Fairey has acknowledged that his poster of President Obama (right) is based on a photograph taken on April 27, 2006 by Associated Press photographer Mannie Garcia.

By Globe Staff

The newest exhibit opening today at Boston's Institute of Contemporary Art comes with approximately 200 works of art in various media -- and one copyright controversy over a picture of Barack Obama.

The controversy is swirling around Shepard Fairey's iconic red, white, and blue image of Obama with the word "HOPE" below it. The image became famous during the campaign and it will be on display in Fairey's exhibit, "Shepard Fairey: Supply and Demand."

Fairey is entangled in the dispute with the Associated Press, which says it owns the copyright on the image, which Fairey has acknowledged was based on an AP photo. The AP has said it wants credit and compensation and it has reached out to Fairey's lawyer.

Fairey's lawyer, Anthony Falzone, executive director of the Fair Use Project at Stanford Law School, said Thursday night that "there is no infringement here. At a minimum, fair use protects Shepard's right to do what he did. But it would not be appropriate to comment beyond that because we are discussing this with the AP."

Fairey's exhibit is described in the Globe's G section today by Sebastian Smee as "deliriously chic activist art" that seems "almost scorchingly timely."

The exhibit, Smee notes, includes a glass case containing a letter from Obama in which he writes, "I am privileged to be a part of your art work and proud to have your support."

Click here to see an audio slideshow on Fairey.

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3 comments so far...

I can't believe there are no comments on this! It's an important issue. For example, if a painter used this AP photo as his inspiration, would that get a copyright lawsuit from The AP? I doubt it. The other side of the issue is, if people continue to expect to use the work of journalists and photojournalists for free, there will be no more professional journalists and photojournalists in the end, because nobody will be able to make a living at it. So there are really two sides to this, and I can't choose between them!

Posted by Carrie Buchanan February 6, 09 05:22 PM

Carrie,
I can understand what you mean by using the painter as an example, but I think this is different because it seems all Fairey did was take the original photo and modify it on a computer.

But anyways that is a good question you brought up: If someone painted a picture exactly like a (copyrighted) photo and made a bunch of money or fame off it, would they be crossing the line on copyright laws?

if anyone here knows please post!

Posted by james kingsley February 9, 09 03:44 AM

This is a hairy subject. What Shepard Fairey made is not the same as the photo. It is its own entity. It is based upon the photo yes. But the photo and the image Shepard made are both based on Obama himself. Should he sue. Its a fine line. I think if you put an image out there at all, you should be prepared for the reality that it will be used. Its not 1980 this is a digital age.

Posted by Jason Chapman February 14, 09 11:56 AM