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Fairey v. The Associated Press
Fairey v. The Associated Press, No. 09-cv-01123 (S.D.N.Y. filed Feb. 2, 2009).
In this now-settled dispute, artist Shepard Fairey sought a ruling that his use of a
copyrighted photograph as a “visual reference” for his Obama Hope poster and related artwork was protected under the Fair Use Doctrine. The Associated Press (the “A.P.”) and freelance photographer Mannie Garcia, both of whom separately claimed ownership of the photograph’s copyrights, counterclaimed against Fairey for
The act of violating any of a copyright owner's exclusive rights granted by law. In the United States, a copyright owner has several exclusive rights in copyrighted works, including the rights (a) to reproduce the work, (b) to prepare derivative works based on the work, (c) to distribute copies of the work, (d) for certain kinds of works, to perform the work publicly, (e) for certain kinds of works, to display the work publicly, (f) for sound recordings, to perform the work publicly, and (g) to import into the United States copies acquired elsewhere (Black’s Law Dictionary (8th ed. 2004)).
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