
Shepard Fairey has released a statement regarding his lawsuit by The AP. (As seen on worlds best ever)I have the utmost respect for the way Mr Fairey has chosen to take the very difficult road to make a statement that choses honesty, even if sacrificing his defensive position, in order to defend his work, and his right to create work by his methods. Making my living in the world of Skateboarding with its own history of destructive creating within the moral/ethical gray area of copyright infringement. And my Handselecta project which lives within the realm of copyright as related to font creation/use/licensing and ownership. We all live in a gray area in the internet age. Who purchased every one of their mp3’s? And it compllicates things even further because Sheps portrait of the president was done at no fiscal gain to himself. Does that change the way we see things? I am torn by this myslef. And don’t think I have a solid opinion yet, but lean toward erring on the free use side of the argument in my gut. Probably because Metalica left such a bad taste in my mouth with their napster lawsuit 10 years ago.
STATEMENT ON ASSOCIATED PRESS FAIR USE CASE
In an effort to keep everyone up to date on my legal battle to uphold the principle of fair use in copyright laws, I wanted to notify you of a recent development in my case against The Associated Press (AP).
On October 9, 2009, my lawyers sent a letter to the AP and to the photographer Mannie Garcia, through their lawyers, notifying them that I intend to amend my court pleadings. Throughout the case, there has been a question as to which Mannie Garcia photo I used as a reference to design the HOPE image. The AP claimed it was one photo, and I claimed it was another.
The new filings state for the record that the AP is correct about which photo I used as a reference 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. 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.
I am very sorry to have hurt and disappointed colleagues, friends, and family who have supported me in this difficult case and trying time in my life.
I am also sorry because my actions may distract from what should be the real focus of my case – the right to fair use so that all artists can create freely. Regardless of which of the two images was used, the fair use issue should be the same.
- Shepard
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