The Artful Jurist

It wasn't terribly long ago that I posted to this blog some musings about the copyright issues that could potentially get an artist into hot water if he does a painted version of someone else's photograph. Well, in current events the issue has gone from the hypothetical to the real.

Shepard Fairey, the artist who painted the now well-known poster of President Obama looking upward with the word "HOPE" printed across the bottom, has the Associated Press on his case. Fairey admits the poster was based on an A.P. photo taken by Mannie Garcia. Fairey claims his appropriation of the image falls under the fair use doctrine that provides a safe harbor from claims of copyright infringement. The A.P.'s not buying that argument, and it wants credit and compensation. Reports are that attorneys for the two sides are having discussions.

Meanwhile—and this one's straight from the "This Just Isn't Your Week, Shep" file—Fairey was arrested in Boston Friday on a charge of painting unauthorized graffiti on various structures. To Fairey, it's street art. To the police, it's tagging.

Well, apparently this is nothing new to the artist. According to the Boston Globe, Fairey says he has been arrested 14 times.