Tag Archives: Mannie Garcia

“Hope” Obama poster-Does the AP have a case? Infringement or fair use?

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This ” HOPE” poster of Barack Obama was used to campaign and became very popular during the last year’s U.S presidential election. The poster was created by artist Shepard Fairey and the photo was taken by the Associate Press photographer Mannie Garcia.

Now the AP is claiming the copyright from the author because the created poster was based on AP’s photo and entitled for compensation according the PDN reports.

The accused, Shepard Fairey, claims fair use through his attorney. But AP is claiming infringement. Mannie Garcia who shot the image doesn’t want to fight Shepard Fairey over the Obama poster.

The interesting thing is who has the right over the copyright of the photo? The photo was taken on 2006 by Mannie Garcia but the photographer now is no longer with the AP. Garcia also questions whether the AP even owns the copyright to the photo. He says that he was not on the AP staff at the time the photo was taken, and never signed the AP’s freelancer agreement.

What do you say. Does the AP have a case? Infringement or fair use?

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