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Got Soap? In New Round Of Filings In Obama Poster Case, AP And Artist Trade Accusations Of 'Unclean Hands'

Publication Date: 
April 17, 2009
AmLaw Litigation Daily
Ross Todd

Lecturer in Law and Executive Director of the Fair Use Project Anthony Falzone is quoted in the AmLaw Litigation Daily in an article about the ongoing Fairey copyright infringement case:

The copyright spat between The Associated Press and street artist Shepard Fairey has ratcheted up a couple notches since the Litigation Daily last wrote about the case. As we reported in February, Fairey's lawyers sued in Manhattan federal district court, seeking a declaration that the artist hadn't violated copyright law when he used an image shot by an AP photographer to create his iconic (and ubiquitous) Barack Obama "Hope" image. Former Bingham McCutchen partner Anthony Falzone, now of Stanford Law School's Fair Use Project, and a team from Durie Tangri Lemley Roberts & Kent represent Fairey in the suit.


Fairey's lawyer Falzone, in turn, offered a retort to the AP on his blog. "The funny part about this is Fairey doesn't allege the AP's photos are illegal or infringing, much less 'attack' the AP," Falzone wrote. "The point is very simple: The AP applies an obvious double-standard. It is happy to sell, through its image licensing database, photographs that are really just bare copies of artists' work, yet it condemns Fairey for using an AP photograph in a far more creative, transformative, expressive, and defensible way."