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A ‘Hope’ful Lawsuit: Sizing up Fairey v. AP

Publication Date: 
February 10, 2009
The Wall Street Journal Law Blog
Dan Slater

Lecturer in Law and Executive Director of the Fair Use Project Anthony Falzone is mentioned in a posting in the Wall Street Journal Law Blog about a fair use suit brought by street artist Shepard Fairey:

Artist Shepard Fairey acknowledges using a 2006 Associated Press photo of then-senator Barack Obama as the basis for his iconic red and blue “Hope” poster, reproduced on buttons and banners through the campaign. When the AP pressed Fairey for credit and compensation, Fairey sued the AP in U.S. District Court in Manhattan. His lawyers said the artist transformed the image that “conveys a radically different message” and thus, falls into fair-use territory.

As AmLaw Daily noted: The case will again match Fairey’s counsel — former Bingham McCutchen partner Anthony Falzone, now executive director of Stanford Law School’s Fair Use Project — and AP lawyer Dale Cendali of O’Melveny & Myers. Last spring the two faced off during the trial over a fan’s attempt to publish a Harry Potter lexicon. (Cendali, representing Potter author J.K. Rowling, successfully stopped the book’s publication, though a revised lexicon has since been published and is selling.)