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Updated: AP Saturday night:

Artist Shepard Fairey, who recently admitted concealing a key mistake in a lawsuit over his use of an Associated Press photo in his famous Barack Obama "HOPE" poster, said Saturday that the error should not be viewed as "premeditated and sinister."

Fairey was at the Warhol Museum in Pittsburgh on Saturday night for the opening of an exhibit of his works - including the 4-foot-by-8-foot Obama poster. He drew a chuckle from the crowd during a question and answer session when he said, "I am learning from my mistakes, if everybody's been keeping up with the news."

Pittsburgh blogger Scott Beveridge also attended the opening: Shepard Fairey is a perfect misfit at The Warhol:

"In short-sighted pride I made some poor decisions," Fairey said at the museum while being interviewed before a packed audience by its director, Thomas Sokolowski.

"I'm very disappointed with myself. I made some poor decisions"...

...To his defense, he said he didn't "bootleg" the original photograph or add to its value.

Original post, 10.17.09, 7:09 a.m.

AP Photo by Manny Garcia, left; poster by Shepard Fairey
Shepard Fairey now admits he used the AP photo of Barack Obama at left to create his iconic poster, and tried to cover it up.

Artist admits using other photo for 'Hope' poster. AP:

Attorneys for (Shepard)) Fairey have withdrawn and, in papers filed Friday in federal court in Manhattan, stated that he misled them. They also amended the original court documents, reflecting that Fairey used a different picture.

"Mr. Fairey was apparently mistaken about the photograph he used when his original complaint for declaratory relief was filed on February 9, 2009," the papers say. "After the original complaint was filed, Mr. Fairey realized his mistake. Instead of acknowledging that mistake, Mr. Fairey attempted to delete the electronic files he had used in creating the illustration at issue. He also created, and delivered to his counsel for production, new documents to make it appear as though he had used the Clooney photograph as his reference."

Fairey sued the not-for-profit news cooperative in February, arguing that he didn't violate copyright law because he dramatically changed the image. The AP countersued in March, saying the uncredited, uncompensated use of an AP photo violated copyright laws and signaled a threat to journalism.

What Obama looks like isn't at issue -- AP didn't create that. But RISD-grad Fairey argued he used a different photo of Obama that same day and substantially changed it. To prove it, he created new files based on it and deleted the originals.

AP / Manny Garcia
Fairey contended he used this photo from the same event, and created new files based on it to support this deception.

This is dumb (and remarkably brazen). Using a photograph as a basis for creating a substantially different derivative work is a "fair use" principle worth fighting for. Disputing which Manny Garcia photo he used does not seem to warrant destroying his own credibility.

Deleting the files he really used is furtive and reeks of flop sweat. Creating new files to support his false claim is malicious hubris, arrogance begging to be busted. Faking files to prove AP wrong just diminishes Fairey.

In a statement issued Friday, AP vice president and general counsel Srinandan R. Kasi said Fairey's admission struck "at the heart" of Fairey's defense that he was protected by "fair use."

"Shepard Fairey has now been forced to admit that he sued the AP under false pretenses by lying about which AP photograph he used to make the Hope and Progress posters," Kasi said. "Mr. Fairey has also now admitted to the AP that he fabricated and attempted to destroy other evidence in an effort to bolster his fair use case and cover up his previous lies and omissions."

Shepard's site, obeygiant.com, now leads with this statement:

The new filings state for the record that the AP is correct about which photo I used as a reference and that I was mistaken. While I initially believed that the photo I referenced was a different one, I discovered early on in the case that I was wrong.

In an attempt to conceal my mistake I submitted false images and deleted other images. I sincerely apologize for my lapse in judgment and I take full responsibility for my actions which were mine alone. I am taking every step to correct the information and I regret I did not come forward sooner.

I am very sorry to have hurt and disappointed colleagues, friends, and family who have supported me in this difficult case and trying time in my life.

I am also sorry because my actions may distract from what should be the real focus of my case - the right to fair use so that all artists can create freely. Regardless of which of the two images was used, the fair use issue should be the same.

The fair use of such works had led to a spirited debate over the limits of copyright. Fairey's faking files now overshadows that and discredits him. Disappointing indeed.

What was he thinking?

Perhaps he'll be asked tonight when his 20 Retrospective exhibit from the Boston Institute of Contemporary Art, Shepard Fairey: Supply and Demand, opens at the Warhol Museum in Pittsburgh. Artist Talk with Shepard Fairey begins at 6 p.m.

Related: "Pablo Picasso once said, "Good artists copy, great artists steal." With a nod to the irony of this as the lead, in Wired, of another story about fair use, here's the next chapter:

Online Blow-Up Over Artist's Blow-Up of Obama Stipple Drawing.

 Tags  Shepard Fairey

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2 Comments

The Dude said:

this is about as ridiculous:

http://www.myartspace.com/blog/2009/02/fair-use-shepard-fairey-and-baxter-orr.html

Link | October 17, 2009 7:53 PM
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arvin said:

The damage he has done is almost entirely to himself.

Link | October 18, 2009 2:15 PM
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