The Artful Jurist

You may have heard that visual artist Sherpard Fairey and the Associated Press appear to have settled their two-year-old lawsuit.  The A.P. claimed Mr. Fairey infringed their copyright when he used an A.P. photo as the basic image of the now famous Barack Obama "Hope" poster.

With the scent of settlement wafting through the air, the U.S. district judge dropped the claims in the suit.  Still, the A.P. might continue to go after the companies that used the "Hope" image on various merchandise they sold.  So the issue isn't necessarily completely out of the courts.

According to reports, although Mr. Fairey has supposedly promised he won't use any further A.P. photos without permission, neither side has admitted that its interpretation of the law of "fair use" is incorrect.  So, if you're looking for some definitive case law, keep looking...and don't give up -- dare I say it? -- hope.