The Associated Press says it has settled its copyright infringement claim against Obey Clothing and three of its big retail customers–Nordstrom’s, Urban Outfitters, and Zumiez Inc.–for sale and distributions of merchandise bearing the iconic ‘Hope’ image created by artist Shepard Fairey.

“This settlement marks the final resolution of the disputes over our rights in the AP’s photograph of Barack Obama,” AP president and CEO Tom Curley said in a prepared statement. He added,  “AP is proud of the result and will continue to vigorously defend its copyrighted photographs against wholesale copying and commercialization where there is no legitimate basis for asserting fair use.”

Fairey created the Hope image from a 2006 AP photograph of Barack Obama without permission. Two years ago, AP sued Fairey and Obey Clothing, a company Fairey founded, for copyright infringement.

This past January, AP and reached a legal truce with Fairey. Both sides agreed to share revenues from future licensing of the Hope image. As part of the settlement, neither side conceded its legal position: AP continues to consider Fairey’s work an infringement, while Fairey continued to consider it a fair use of the AP photo.

AP’s claim against Obey Clothing, meanwhile, has continued–until now.  And it was only a week ago that AP filed its infringement claims against the three retailers that were allegedly obtaining “Hope” merchandise from Obey Clothing.  Those claims have also been settled “amicably,” AP says.

Under the terms of its settlement with Obey Clothing, AP says, the clothing company “will collaborate to create and sell apparel using Shepard Fairey’s graphics based on photographs owned by the AP.  Obey Clothing has further agreed that it will not use another AP photo without obtaining a license from the AP.”

AP says that neither side has “surrender[ed] ist view of the law.” In other words, AP still maintains that Obey Clothing infringed its copyright, while Obey Clothing hold fast to its position that it didn’t appropriate any copyrightable material from the AP photograph in question.

Those settlement terms are nearly identical to AP’s settlement terms with Shepard Fairey.

Related:

Shepard Fairey, AP Settle Copyright Lawsuit

AP Sues Retailers for Unauthorized Use of ‘Hope’ Image

Tags:

COMMENTS

MORE POSTS

Montana Photographer Sues Republican National Committee for Copyright Infringement

Posted by on Friday May 19, 2017 | Copyright/Legal

Missoula, Montana-based photographer Erika Peterman is suing The Republican National Committee (RNC) for willful copyright infringement. The suit, filed in Montana District Court earlier this week, alleges the RNC used without permission a Peterman photograph of Rob Quist, the Democratic candidate in a special election to fill Montana’s seat in the U.S. House of Representatives.... More

Jury Awards $900K in Marketing Photo Copyright Case

Posted by on Monday May 15, 2017 | Copyright/Legal

A federal jury in Maryland has awarded $900,000 in actual damages to an Oregon-based plant retailer for its claims against a competitor over unauthorized use of two dozen copyrighted images. The jury verdict, delivered last week, also included a $300,000 statutory damages award, but the plaintiff may elect one jury award or the other (not... More

Instagram Influencers Get Warning from Federal Trade Commission about Sponsored Content

Posted by on Friday April 28, 2017 | Copyright/Legal

The Federal Trade Commission (FTC), the government’s consumer protection agency, says it sent warning letters to 90 Instagram users and marketers, reminding them that sponsored Instagram posts must be clearly identified as sponsored or paid content. The FTC did not release the identities of the Instagram users it warned, but said they included “celebrities, athletes... More