Funny That The AP Didn't Report On A Judge Denying Sanctions Against Shepard Fairey

from the too-busy-covering-oil-spills dept

We've been covering the ongoing legal battle between artist Shepard Fairey and the Associated Press over whether or not Fairey's famous Obama "Hope" poster infringed on the AP's copyrights. It's difficult to see how the AP has a case here, as the AP itself didn't recognize the work as being based on one of its own photos until months later when someone else figured it out. If that's not a clear cut case of transformative use, I don't know what is. On top of that, there are serious questions about whether or not anything that Fairey used is actually covered by copyright. Even if you assume there is copyrighted material in the poster, going through the four factors test for fair use, it's difficult to see how the AP has a case.

That said, Fairey did make one incredibly dumb mistake, which potentially ruined his whole case: he lied and destroyed evidence. It's difficult to think of anything stupider that he could have done. He had an incredibly strong case, and his actions massively weakened that case, because even if you recognize the strong position he had in the case, once you hear that he lied and destroyed evidence, it gives you pause, and makes you question the whole thing.

That said, we'd noticed that the AP's coverage of the case hardly seemed objective, and despite supposedly being impartial reporting on a topic that involved the AP itself, almost always seemed to slant towards the AP.

So, it's interesting to note that, last week, apparently, a judge (surprisingly) denied the AP's request for sanctions against Fairey for some of his actions during this case. That seems like fairly big news in the case, but if you look around for it, it does not appear that the AP deemed it was worthy to report on. I wonder why... Update: Just to clarify, as someone asked, this particular request for sanctions wasn't about the particular mistake discussed above, but some of Fairey's responses. I had tried to make that clear, but perhaps it wasn't clear enough.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    Anonymous Coward, Aug 9th, 2010 @ 1:09pm

    Maybe they were afraid of violating someone's Hot News rights.

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    Anonymous Coward, Aug 9th, 2010 @ 1:11pm

    AP is neither fair nor unbiased

    The AP has shown a couple of times now that their "Gold Standard" only applies to the coins in their grubby pockets.

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    Anonymous Coward, Aug 9th, 2010 @ 1:12pm

    you've got a 'fiarey' (sic) towards the end.

     

    reply to this | link to this | view in thread ]

  4.  
    icon
    :Lobo Santo (profile), Aug 9th, 2010 @ 1:20pm

    Re:

    I hate it when my fiareys get sic.

    ; P

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    Bill Dodder, Aug 9th, 2010 @ 1:24pm

    Disagree. AP has said that Hot News doesn't apply to them

    AP has said that Hot News doesn't apply to them. They can do whatever they want.

    Boycott AP and AP members.

    jeez nothing worse than a company that preaches the first amendment our of one side of their mouth whilst trashing it out of the other.

     

    reply to this | link to this | view in thread ]

  6.  
    icon
    Dark Helmet (profile), Aug 9th, 2010 @ 1:33pm

    Re: Re:

    "I hate it when my fiareys get sic."

    That's cuz they always snort too much pixie dust....

     

    reply to this | link to this | view in thread ]

  7.  
    icon
    :Lobo Santo (profile), Aug 9th, 2010 @ 2:13pm

    Re: Re: Re:

    "That's cuz they always snort too much pixie dust...."

    Giving them pixie dust keeps them quiet when I get home from work... Nothing wrong with that, right?

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    Anonymous Coward, Aug 9th, 2010 @ 2:37pm

    The Judge must think that the AP is behaving badly.

    This is extremely surprising. The only thing I can think of is that the judge in the case thinks that the AP is behaving very badly and like they have done in the past use the legal system as a weapon against their opponents.

    Really the AP really seems to represent every bad about the media and corporate America.

     

    reply to this | link to this | view in thread ]

  9.  
    icon
    Mike Masnick (profile), Aug 9th, 2010 @ 2:48pm

    Re:

    Oops. Fixed.

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    Anonymous Coward, Aug 10th, 2010 @ 4:16am

    Have you seen the Fair Use Analysis tool at http://www.lib.umn.edu/copyright/checklist.phtml

     

    reply to this | link to this | view in thread ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Save me a cookie
  • Note: A CRLF will be replaced by a break tag (<br>), all other allowable HTML will remain intact
  • Allowed HTML Tags: <b> <i> <a> <em> <br> <strong> <blockquote> <hr> <tt>
Follow Techdirt
A word from our sponsors...
Essential Reading
Techdirt Reading List
Techdirt Insider Chat
A word from our sponsors...
Recent Stories
A word from our sponsors...

Close

Email This