Shepard Fairey Destroys Evidence, Goodwill; Harms His Case For No Good Reason
from the grow-up dept
On Friday morning, someone “working with” Shepard Fairey alerted me that some news was coming out that day about his lawsuit with the Associated Press over his famous Barack Obama poster:
Fairey still has a very strong fair use claim — which is entirely separate from the question of whether or not Fairey did something incredibly stupid here. Even if he used the image the AP claimed he did (which he now admits), it still seems like this is an obvious case of fair use. But destroying evidence and lying — especially when there was no good reason to do so — just harms his credibility and makes it that much more likely that he’ll lose his case not for any legitimate reason, but because of his own separate actions in dealing with this case. There are important fair use issues at play here, and Fairey just made it that much harder to maintain the high ground.
While some are pointing out that this is the sort of thing that happens when copyright laws always seem to stack the deck against fair use, that’s still no excuse for lying and trying to destroy evidence. Yes, the system sucks, but doing something like this only harms an otherwise strong case.