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Intellectual Property Law

: Threat Level

Obama 'Hope' Artist Sues AP In Copyright Flap

By Ryan Singel, Kevin Poulsen, Sarah Lai Stirland, Kim Zetter, and David Kravets

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Obama_hope_2 Shepard Fairey, the street artist who created the highly recognized "Hope" image of Barack Obama, filed a preemptive lawsuit claiming he did not violate The Associated Press's intellectual property rights.

Fairey acknowledges his drawing was based on an AP photo of Obama before he was elected president. The AP last week claimed the drawing violated its copyright and demanded an undisclosed amount of compensation.

The Los Angeles street artist is claiming a fair use right. His New York federal court lawsuit said he transformed the picture into a "stunning, abstracted and idealized visual image that creates powerful new meaning and conveys a radically different message."

The red, white and blue image was adorned on websites, posters, stickers, shirts and buttons.

On Monday, meanwhile, Fairey appeared in a Boston courtroom and pleaded not guilty to accusations he tagged a Massachusetts Turnpike Authority building last month as part of an art project.

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Full post as published by Threat Level on February 09, 2009 (boomark / email).

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