Artist Shepard Fairey was sentenced to 300 hours of community service and fined $25,000 today in a federal courtroom in Manhattan today for destroying documents, falsifying evidence “and other misconduct” in his civil litigation two years ago against the Associated Press (AP). He had faced a maximum of six months in jail.

Fairey pled guilty to the criminal charge last February. The US District Attorney in Manhattan announced Fairey’s plea shortly after he settled his civil case with the AP over his unauthorized use of an AP image to create the “Hope” poster that became an icon of Barack Obama’s 2008 campaign for President.

“Shepard Fairey went to extreme lengths to obtain an unfair and illegal advantagein his civil litigation [against AP], creating fake documents and destroying others in an effort to subvert the civil discovery process,” US Attorney Preet Bharara said in announcing Fairey’s guilty plea.

AP claimed copyright infringement against Fairy in 2009 for unauthorized use of the image of Obama to create the Hope poster.

Fairey tried to pre-empt the claim by asking a federal court judge to declare that the Hope poster amounted to a fair use of the AP photograph. In seeking that declaration, Fairey gave “factually untrue” information about the image he had used, the US District Attorney said. Specifically, Fairey claimed that he had used part of one AP image to make the poster, when in fact had used a substantial portion of a different AP image.

Fairey admitted the discrepancy in 2010, saying he had made a mistake about which image he had used. He said he then tried to cover up the mistake. (His fair use defense was arguably stronger with the image he originally claimed to have used.)

The US Attorney began a criminal investigation after Fairey’s admission, and concluded that he had created “multiple false and fraudulent documents” which he presented to AP during the discover process in the civil litigation.

The US Attorney also said Fairey tried to get one of his employees to mislead investigators.

Prior to pleading guilty to the criminal charges, Fairey had settled his civil litigation with AP on mostly undisclosed terms (the two sides did agree to share proceeds from licensing of the Hope poster image, however).


COMMENTS

MORE POSTS

Top Photo News Stories of 2016

Posted by on Tuesday December 27, 2016 | Copyright/Legal, Media, Photos In The News

Copyright dispute, the continuing controversy over for-profit art schools, Richard Prince (again), First Amendment protections and the President-elect: We look back on the stories that attracted the most attention in 2016. 1- The President-Elect Objects to a News Photo Showing his Double Chin Just 59 days before the President-elect will take an oath to “preserve, protect... More

Committee to Protect Journalists Issues Advisory for Journalists Crossing U.S. Border

Posted by on Monday December 12, 2016 | Copyright/Legal, Photojournalism

Journalists are being stopped at the U.S. border with alarming frequency, prompting the Committee to Project Journalists (CPJ) to issue an advisory outlining steps to prepare journalists for U.S. Customs. According to CPJ, more than seven journalists, including photographers Ed Ou and Kim Badawi, have been detained and questioned, and have had their belongings, including... More

Photographer Sues VICE for Unauthorized Use of Expectant Couple

Posted by on Wednesday November 30, 2016 | Copyright/Legal

Photographer Jana Romanova has sued VICE Media for willful copyright infringement and violation of the Digital Millennium Copyright Act (DMCA) for publishing a photo from her “Waiting” series without permission. Romanova’s suit, filed in the Eastern District of New York on November 23, alleges that VICE violated her copyright when it published one of her... More