Associated Press Claims Obama Image Infringes Copyright

by Janette Spencer-Davis, Legal Editor, CCH Copyright Law Reports   

The Associated Press (AP) has alleged that an image of a "pensive Barack Obama" --which appeared on posters, buttons, stickers, and websites during the 2008 presidential campaign --infringed its copyright in the photograph upon which the image was based. The photograph was taken by a temporary hire and was never licensed or used officially by the AP. Shepard Fairey, the street artist who designed the image, has acknowledged that the image was based on the AP photograph. However, he contends that his use of the photograph constituted a "fair use" because it was not intended for commercial use. The AP claims that, as the owner of the copyright in the photograph, it is entitled to credit and compensation. The AP and Mr. Fairey's attorney are engaging in discussions and expressed hope for an amicable solution.



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