New development in the Obama poster case (Shepard Fairey’s case). You may remember that the artist Shepard Fairey used an Associated Press photograph of President Barack Obama to create the poster ‘Hope’. While the photograph was originally taken by freelance photographer Mannie Garcia in 2006, the rights in the photograph belong to AP under the ‘work for hire doctrine’.

Shepard Fairey filed a motion for a declaratory judgment that his work was not infringing and was ‘fair use’ of the photograph under US law. The Associated Press then sued Shepard Fairey for failing to obtain its authorization to use the photograph, alleging that it was [...]

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