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Creator of Iconic Obama Poster Claims Fair Use

Publication Date: 
February 10, 2009
Daily Journal
Craig Anderson

Professor Mark A. Lemley and Lecturer in Law and Executive Director of the Fair Use Project Anthony Falzone are mentioned in an article in the Daily Journal regarding a lawsuit filed on behalf of famed Obama poster artist Shepard Fairey against the Associated Press:

Two Stanford Law School professors, Anthony Falzone and Mark Lemley, filed the lawsuit seeking a declaratory judgment in favor of street artist Shepard Fairey in U.S. District Court in the Southern District of New York.


"I think it's an important case," said Lemley, an intellectual property professor who last week left Keker & Van Nest to become a partner at the San Francisco law firm of Durie Tangri Lemley Roberts & Kent.

"The value of the posters is not the photo," Lemley said.

The lawsuit was filed a day before Lemley and Falzone say AP threatened to file a copyright infringement lawsuit against Fairey, according to the complaint. Fairey v. The Associated Press, 09-cv-01123.