Associated Press claims Shepard Fairey lied and fabricated evidence
The Associated Press has amended its claim against Shepard Fairey after the artist, who is behind the celebrated Hope poster featuring a portrait of Barack Obama, admitted he had been mistaken in claiming he didn't use an AP photo in designing the poster. The AP now says Fairey has deliberately lied and fabricated evidence
Hope Poster © Shepard Fairey/Mannie Garcia/Associated Press.
Last week, Fairey was forced to apologize after it appeared he had lied about the origin of the photo he used to create the Hope poster. The poster served as a rallying call for a change of government during last year’s US elections, and was seen plastered all over the country, but it also proved controversial for its uncredited use of an image that has since been claimed by the Associated Press, which threatened legal action for breach of copyright.
The Los Angeles-based artist claimed he had used another image where Obama is pictured with actor George Clooney. However, Fairey decanted. ‘In an attempt to conceal my mistake, I submitted false images and deleted other images,’ he said in a statement. ‘I sincerely apologize for my lapse in judgment, and I take full responsibility for my actions, which were mine alone.’
However, AP now says that Fairey’s claim that he made a ‘mistake’ is ‘simply not credible.’ In a statement, AP says that ‘Fairey was only forced to admit to the spoliation and fabrication of evidence after the AP spent months pressing Fairey in discovery and had found evidence that files were missing from Fairey’s production of documents. As AP contends, only after catching him red-handed, did Fairey admit to his wrongdoing.’
It continues: ‘The AP also believes that Fairey has now concocted another story -- that he was “mistaken” -- to spin those bad acts in the best light possible to the Court and the public. It strains credulity that an experienced graphic designer such as Shepard Fairey misremembered cropping George Clooney out of a source image and making other changes when no such cropping or other changes were ever made.’
AP has also added Obey Clothing in its amended counterclaims. Obey Clothing is the exclusive licensee of Fairey’s trademarks and designs on clothing. AP believes Fairey made substantial profits from the Hope poster and is asking for reparation. ‘Proceeds received for past use of the photo will be contributed to The AP Emergency Relief Fund, which assists staffers and their families around the world who are victims of natural disasters and conflicts,’ says the AP.
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