It looked as if street artist Shepard Fairey had all his ducks in a row when he filed a claim against the Associated Press in February citing "fair use" of a photograph he turned into the immensely popular 2008 "Hope" poster of then presidential candidate Barack Obama. Fair use allows for limited usage of copyrighted material as long as it is sufficiently transformed from its original condition. Contrary to the AP's assertions, Fairey claimed that his poster was based on a photo in which Obama was seated with actor George Clooney and that the cropping and editing justified fair-use protection. But on Oct. 19, he admitted that, as the AP had alleged, the poster was based on one of the agency's photos, taken by Mannie Garcia, in which Obama was seated alone. Fairey also said that when Garcia first raised a ruckus about copyright infringement, he mistakenly thought he had used the Obama-Clooney picture, but he did not rectify the situation and tell the truth upon realizing his error. Instead he admitted to destroying evidence and creating false documents to support his story. Even so, Fairey contends that the origin of the photograph does not change the transcendent power of what he created. The AP disagrees: "It is crucial to protect photographers, who are creators and artists. Their work should not be misappropriated by others."
The Top 10 Everything of 2009
- Top 10 Albums
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- Top 10 Apologies
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- Top 10 Awkward Moments
- Top 10 Best Business Deals
- Top 10 Breakups
- Top 10 Buzzwords
- Top 10 Children's Books
- Top 10 Crime Stories
- Top 10 Editorial Cartoons
- Top 10 Facebook Stories
- Top 10 Fashion Faux Pas
- Top 10 Fashion Moments
- Top 10 Feuds
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- Top 10 Gadgets
- Top 10 Green Ideas
- Top 10 Heroes
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- Top 10 Late-Night Jokes
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- Top 10 Movie Performances
- Top 10 Movies
- Top 10 New Species
- Top 10 News Stories
- Top 10 Nonfiction Books
- Top 10 Oddball News Stories
- Top 10 Pariahs
- Top 10 Pictures of the Year
- Top 10 Plays and Musicals
- Top 10 Political Gaffes
- Top 10 Quotes
- Top 10 Religion Stories
- Top 10 Scandals
- Top 10 Scientific Discoveries
- Top 10 Songs
- Top 10 Sports Moments
- Top 10 T-Shirt-Worthy Slogans
- Top 10 TV Ads
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- Top 10 TV Series
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- Top 10 Worst Biz Deals
TIME charts the highs and lows of the past year in 50 wide-ranging lists