When you get beat by 'em, join 'em

The Associated Press had prevailed in its lawsuit against sued L.A. artist Shepard Fairey for the latter's use of an AP photo as the basis for his "Hope" posters of then-presidential candidate Barack Obama. Now comes word that the two sides have settled out of court, with Fairey agreeing to work on a series of Hope posters based on AP images. The two parties will share the profits.

Here's the AP announcement (via Nieman Journalism Lab):

In settling the lawsuit, the AP and Mr. Fairey have agreed that neither side surrenders its view of the law. Mr. Fairey has agreed that he will not use another AP photo in his work without obtaining a license from the AP. The two sides have also agreed to work together going forward with the Hope image and share the rights to make the posters and merchandise bearing the Hope image and to collaborate on a series of images that Fairey will create based on AP photographs. The parties have agreed to additional financial terms that will remain confidential.

Switching images

Los Angeles artist Shepard Fairey admits to making a false claim in his legal battle with the Associated Press. From the LA Times:

Fairey said in a statement issued late Friday that he knowingly submitted false images and deleted others in the legal proceedings, in an attempt to conceal the fact that the AP had correctly identified the photo that Fairey had used as a reference for his "Hope" poster of then-Sen. Barack Obama.

"Throughout the case, there has been a question as to which Mannie Garcia photo I used as a reference to design the HOPE image," Fairey said. "The AP claimed it was one photo, and I claimed it was another."

New filings to the court, he said, "state for the record that the AP is correct about which photo I used...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."

A touchy subject

A well-known artist who made his bones in the street and who's been arrested 15 times for tagging - his latest arrest ended in a plea deal just last month - decides to apply an anti-graffiti coating to his Echo Park studio to protect the brick facade from taggers.

A laid-off former Los Angeles Times reporter who now blogs about the Echo Park neighborhood points out that a well-known artist who's been arrested 15 times for tagging has put a coating on his Echo Park studio to protect it from graffiti.

The artist, a self-described defender of free expression, lashes out at the blogger, calling him "desperate" and a "slime."

Forget the artist's intemperate words. There's an interesting story here about changing definitions and worlds. Here's a rising artist, Shepard Fairey, who still perceives himself as an outsider and who's struggling with the fact that he may no longer be "street" (consider the symbolism and scope of his plea deal); who's probably wondering if he's trapped in the mainstream now that his artwork has achieved mainstream status (consider the genesis and appropriation of his signature artwork); who's contending with changing values as he gets older and more established; and who now finds that he's no longer the instigator of outsider action, but the target - even though Jesus Sanchez's blog post was about as gentle a poke as could be delivered.

Or maybe its just an Echo Park dust up.

Three things I read on Romenesko today

The Associated Press countersues Echo Park-based artist Shepard Fairey, who sued AP after AP claimed he had infringed on its copyright for using an AP photo as the basis for his "Hope" Obama poster.

The Miami Herald slashes its workforce, becoming the latest McClatchy newspaper to do so. The paper will cut 175 employees and eliminate 30 vacant positions. The employees who remain will see a pay cut of either 5 or 10 percent, depending on how much they make. Also, the paper plans to shrink its print edition. In December, McClatchy put the Herald up for sale.

Lastly, a law professor at the University of Montana wants to shut down the college paper's weekly sex column because she doesn't like it. She's threatened to take her case to the Board of Regents... even the state Legislature if necessary! Apparently the professor doesn't teach constitutional law.

Fairey, the AP and Boston police

The Associated Press reports that L.A. artist Shepard Fairey, best known for his "Hope" poster of Barack Obama, the same "Hope" poster that AP claims infringes on a copyrighted AP photo, was arrested in Boston for tagging.