Artist Stephen Fairey, who created the tricolor Hope image that was ubiquitous during the campaign and is being sued by the AP, said Friday he lied to the Court and submitted false images to conceal which photo he used.
LA Times: “Throughout the case, there has been a question as to which Mannie Garcia photo I used as a reference to design the HOPE image,” Fairey said. “The AP claimed it was one photo, and I claimed it was another.”
New filings to the court, he said, “state for the record that the AP is correct about which photo I used…and that I was mistaken. While I initially believed that the photo I referenced was a different one, I discovered early on in the case that I was wrong. In an attempt to conceal my mistake I submitted false images and deleted other images.”
In February, the AP claimed that Fairey violated copyright laws when he used one of their images as the basis for the poster. In response, the artist filed a lawsuit against the AP, claiming that he was protected under fair use. Fairey also claimed that he used a different photo as the inspiration for his poster.
After Fairey’s admission, a spokesman for the Associated Press issued a statement saying that Fairey “sued the AP under false pretenses by lying about which AP photograph he used.”
Read the entire article here.
Fairey said the Fair Use issue is the same, no matter which photo served as the basis for his piece. But he’ll be making that argument without his attorneys. LAist reports that Fairey’s legal team, led by Anthony Falzone, executive director of the Fair use Project at Stanford, plan to withdraw.
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