Photographer Withdraws Lawsuit in Shepard Fairey Case
By RANDY KENNEDYThe photographer who took the shot of Barack Obama that was later transformed by the street artist Shepard Fairey into the well-known “Hope” campaign poster has withdrawn a lawsuit against the Associated Press, in which he claimed he was not working for the agency when he took the picture.
The photographer, Mannie Garcia, had sued arguing that he owned the copyright to the picture and should be entitled to any profits made from it. Mr. Garcia’s lawyer told the Associated Press that his client dropped the suit because it had “taken a toll on him personally and professionally.” In a battle that has dragged on for more than a year, the Associated Press has contended that it owns the copyright to the picture and that Mr. Fairey misappropriated it. Mr. Fairey says his borrowing is protected under fair-use exceptions to copyright law. In court last year, he admitted to lying about which photograph he used as his source and said that he covered up and destroyed evidence to substantiate his lie. He could face criminal charges as a result of those actions. On Monday, the federal judge in the civil case set a March trial date for jurors to decide whether Mr. Fairey or the Associated Press should prevail.
