NEW YORK - On buttons, posters and Web sites, the image was everywhere during last year's presidential campaign: A pensive Barack Obama looking upward, as if to the future, splashed in a Warholesque red, white and blue and underlined with the caption HOPE.
Designed by Shepard Fairey, a Los-Angeles based street artist, the image has led to sales of hundreds of thousands of posters and stickers, has become so much in demand that copies signed by Fairey have been purchased for thousands of dollars on eBay.
The image, Fairey has acknowledged, is based on an Associated Press photograph, taken in April 2006 by Manny Garcia on assignment for the AP at the National Press Club in Washington.
The AP says it owns the copyright, and wants credit and compensation. Fairey disagrees.
"The Associated Press has determined that the photograph used in the poster is an AP photo and that its use required permission," the AP's director of media relations, Paul Colford, said in a statement.
"AP safeguards its assets and looks at these events on a case-by-case basis. We have reached out to Mr. Fairey's attorney and are in discussions. We hope for an amicable solution."
"We believe fair use protects Shepard's right to do what he did here," says Fairey's attorney, Anthony Falzone, executive director of the Fair Use Project at Stanford University and a lecturer at the Stanford Law School. "It wouldn't be appropriate to comment beyond that at this time because we are in discussions about this with the AP."
Fair use is a legal concept that allows exceptions to copyright law, based on, among other factors, how much of the original is used, what the new work is used for and how the original is affected by the new work.
A longtime rebel with a history of breaking rules, Fairey has said he found the photograph using Google Images. He released the image on his Web site shortly after he created it, in early 2008, and made thousands of posters for the street.
As it caught on, supporters began downloading the image and distributing it at campaign events, while blogs and other Internet sites picked it up. Fairey has said that he did not receive any of the money raised.
A former Obama campaign official said they were well aware of the image based on the picture taken by Garcia, a temporary hire no longer with the AP, but never licensed it or used it officially. The Obama official asked not to be identified because no one was authorized anymore to speak on behalf of the campaign.
The image's fame did not end with the election.
It will be included this month at a Fairey exhibit at the Institute of Contemporary Art in Boston and a mixed-media stenciled collage version has been added to the permanent collection of the National Portrait Gallery in Washington.
"The continued use of the poster, regardless of whether it is for galleries or other distribution, is part of the discussion AP is having with Mr. Fairey's representative," Colford said.
A New York Times book on the election, just published by Penguin Group (USA), includes the image. A Vermont-based publisher, Chelsea Green, also used it - credited solely to Fairey_ as the cover for Robert Kuttner's "Obama's Challenge," an economic manifesto released in September. Chelsea Green president Margo Baldwin said that Fairey did not ask for money, only that the publisher make a donation to the National Endowment for the Arts.
"It's a wonderful piece of art, but I wish he had been more careful about the licensing of it," said Baldwin, who added that Chelsea Green gave $2,500 to the NEA.
Fairey also used the AP photograph for an image designed specially for the Obama inaugural committee, which charged anywhere from $100 for a poster to $500 for a poster signed by the artist.
Fairey has said that he first designed the image a year ago after he was encouraged by the Obama campaign to come up with some kind of artwork. Last spring, he showed a letter to The Washington Post that came from the candidate.
"Dear Shepard," the letter reads. "I would like to thank you for using your talent in support of my campaign. The political messages involved in your work have encouraged Americans to believe they can help change the status quo. Your images have a profound effect on people, whether seen in a gallery or on a stop sign."
At first, Obama's team just encouraged him to make an image, Fairey has said. But soon after he created it, a worker involved in the campaign asked if Fairey could make an image from a photo to which the campaign had rights.
"I donated an image to them, which they used. It was the one that said "Change" underneath it. And then later on I did another one that said "Vote" underneath it, that had Obama smiling," he said in a December 2008 interview with an underground photography Web site.
___
Associated Press writer Philip Elliott in Washington contributed to this report.
I wonder how this will effect that site that has the Obama stuff you can get on T-shirts and stuff.
Well lets hope the government doesn't pay for their cable bill, but if it did then they wouldn't need the boxes, HA. I'm not a conspiracy theorist but I do think this is a way to try and stimulate the economy. If you have an old non digital TV you have a few choices. One you can not do anything and say screw it and not watch TV. You can go out and buy one of these boxes. Some store gets money the company that makes them gets money and I'm sure once you are in the store you might buy other things. Then there are taxes people give back to the government on what they just bought. Then if you have money you go out and buy a new TV that is Digital. Maybe you don't get cable and you get an HDAntena for your new HD TV. Or you go out and get a Dish network or you get Cable. I think that government is spending money to try and and get things moving. Yes this was set up before the crash, but I think this is all about money. Yes there is that thing about analog being used for other things and that is true but I don't think that is the real reason for it. I won't go as far as to say I think the government is trying to help the Cable Companies and Make them more powerful, that would be to much of a reach, but it is possible. There is another option also I could be that the government knows that computers and the internet might replace TV, they know that if that happens there will be no way that they can regulate that. So maybe they are trying to get everyone watching TV at the same quality of what is on the internet. Hey In five years if we haven't blown our selves up and the world hasn't ended we all will look back and laugh and see how wrong we all where, who knows.
Is the gov't going to pay their monthly cable bill too?
You do make a good point but I don't agree. Yes there are some people who can't keep up, and maybe those people should get left behind. But most people who can't it is because they don't have the money. I think that when the government changes something by Law then they should take care of people who can't go along with the change. What if the US got smart and said we are changing to the metric system and then said well everyone has to pay for everthing that has to be changed them selves. Didn't the government out law gas with lead in it. They didn't give people tickets right away they gave people time to change and any new cars had to take the new gas, if memory serves. What I wonder is how does a company get to be one of the ones who make these boxes they are the ones who get all the money and then they have to pay taxes on that and the people buying the boxes have to pay taxes on them. To me it sounds like a money making scheme. The other thing I wonder is if after there are no more rebates if the prices of the boxes will drop or stay high. I do think that TV is not a Luxury Item at all. Yes some of them are but those nice huge ones there shouldn't be a problem with. If one has a TV that Doesn't work how do they get the news. If there is an Emergency how would people know. Yes there are Radios and Papers but I just read today some number that didn't sound right about people who can't read and write. What if you don't have a radio?
Sorry, but I totally disagree. Digital TV has been out for YEARS now, and this digital conversion has been coming for a long time.
Frankly, I think if people can't get with the times and get a digital-ready tv, then oh well, maybe they shouldn't have TV.
I'm sorry if that's harsh, but I think it's absolutely ABSURD that the gov't is going to subsidize converter boxes for people. The economy is a disaster. The last thing we should be doing is spending millions so that people who can't/won't embrace current technology don't have to go without TV. this is not water, food, heat, air, etc. this is TV. An UNNECESSARY (albeit ubiquitous) "luxury item", I think.