Photographer Glen E. Friedman is suing artist Theirry Guetta for copyright infringement in a case that echoes the recently settled legal dispute between the Associated Press and Shepard Fairey. To create his iconic “Hope” poster of Obama, Fairey used an image of Obama taken by a photographer working for the Associated Press without permission. The AP claimed infringement, while Fairey argued fair use. The parties settled recently, with neither admitting defeat.
Thierry Guetta is accused of using a well-know Friedman image of hip-hop pioneers RUN DMC as the basis for several artworks, including “posters, lithographs, paintings and other art,” according to the complaint filed by Freidman and his lawyers in a California district court.
Friedman alleges that Guetta’s use of the image has caused “substantial damage to [Friedman’s] business in the form of diversion of trade, loss of income and profits, and a dilution of the value of its rights.”
In establishing copyright, the complaint notes that the image of RUN DMC was included in a copyrighted book Friedman published in 1994. The complaint also notes that Guetta has sold products based on the copyrighted image.
In their answer to the complaint, Guetta and his lawyers deny that Guetta had any knowledge that he was infringing on Friedman’s copyright. They claim that Guetta’s work is protected by the First Amendment (free speech) and that if any use of the copyrighted work is proved, it is fair use.
A trial date has not been set.