The Fairey v. AP case has taken an interesting turn.The photographer, Manny Garcia, has now initiated suits against both Shepard Fairey and the AP claiming copyright infringement of the original photograph. Shepard Fairey is maintaining that his poster is transformative of the original photograph and is appropriate under the fair use defense.
Damien Allen: Good afternoon, and welcome to Copyright Right Law Radio. My name is Damien Allen. Today we are discussing the Shepard Fairey et. al. v. The Associated Press case. Once again, there have been a couple of new developments since the last show we did on this and joining us via the telephone is Jo-Na Williams. Jo-Na is a fourth year law student at Suffolk University Law School in Boston, Massachusetts. She’s also a member of the American Bar Association’s IP Committee 304 and author of The New Symbol of “Hope” for Fair Use: Shepard Fairey v. The Associated Press article from the September/October issue of Landslide magazine. Good afternoon, Jo-Na, and welcome to the program.