An artist whose poster of Barack Obama became an iconic image of the 2008 presidential campaign filed a lawsuit against the US news agency the Associated Press (AP) on Monday.
Los Angeles artist Shepard Fairey and his Obey Giant Art Inc. claimed in the suit, filed in US District Court in Manhattan, that his use of an AP photograph to create the poster was not a violation of copyright law.
In his suit, Fairey acknowledged using an AP photograph of Obama from April 2006 to create the poster of Obama tinted in red, white and blue and staring into the sky above the word "HOPE."
But Fairey's lawyers said the artist had created an "image that creates powerful new meaning and conveys a radically different message that has no analogue in the original photograph."
"Fairey and Obey Giant seek a declaratory judgment holding Fairey?s works do not infringe any copyrights held by Defendant AP and are protected by the Fair Use Doctrine," the complaint said.
Fair use allows for the use of copyrighted material in certain cases and for specific purposes and is most generally invoked in the United States by news organizations.
The AP last week said Fairey required permission to use the photo and it was seeking an "amicable solution" in talks with an attorney for the artist.
On Monday, the AP said it was "disappointed" by the "surprise" filing by Fairey and his "failure to recognize the rights of photographers in their works."
"AP was in the middle of settlement discussions with Mr. Fairey's attorney last week in order to resolve this amicably," the AP said in a statement.
"At Mr. Fairey's attorney's request, we agreed AP would not pursue legal action while in these discussions," the statement said. "Instead, he chose to file on Monday morning, without any notice to AP.
"AP believes it is crucial to protect photographers, who are creators and artists. Their work should not be misappropriated by others," the AP said.
The news agency also said it had "made it clear" to Fairey's attorney that any settlement would benefit the AP Emergency Relief Fund, a charitable fund that supports AP journalists around the world who suffer personal loss.
Fairey is being represented by the Fair Use Project of Stanford University.
