Shepard Fairey admits to using accused photo for Obama ‘Hope’ poster

Shepard Fairey, the artist responsible for the iconic ‘Hope’ poster of President Obama during last year’s election, admitted to using the same photo as alleged by the Associated Press (AP). Since his suit for declaratory judgment and the counter-suit by the AP, Fairey has argued that the original  photo in question differed. Apparently, the artist was mistaken as to which one he used to create the poster and in an effort to conceal his mistake, produced an alternate photo for discovery.

From his website,

In an attempt to conceal my mistake I submitted false images and deleted other images. I sincerely apologize for my lapse in judgment and I take full responsibility for my actions which were mine alone. I am taking every step to correct the information and I regret I did not come forward sooner.

In a statement late Friday, Fairey’s attorneys (who include the executive director of the Fair Use Project at Stanford University) made it clear that they intend to withdraw from representation.

While this latest admission creates another layer of oddity to this already sensational series of lawsuits, it should have little impact on the case itself. Regardless of the photo used as inspiration for the poster, the court will still have to assess the merits of the copyright claim and Fairey’s fair use defense, including the purpose and character of the use, the amount and substantiality used ( including transformative elements), the nature of the originally copyrighted work, and to what extent the ‘Hope’ poster supplants the market for the original AP photo.

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