Obama 'Hope' artist's fair use case collapses

The attorneys working on behalf of artist Shepard Fairey, who is fighting The Associated Press wire service concerning his doctored image of U.S. President Barack Obama, have withdrawn from the fair-use court case after the artist admitted he lied about the original photo used in the work.

Fairey's red, white and blue work using Obama's face and the word "Hope" emblazoned underneath became a symbol of the Obama presidential campaign.

The work was widely copied on T-shirts, buttons and posters. A mixed-media version of it was even added to the National Portrait Gallery in Washington, D.C.

On Friday night, attorneys for Fairey said the artist had misled them by concocting information and destroying materials.

Fairey had long claimed he used a photo of Obama sitting next to actor George Clooney, shot by photographer Mannie Garcia, on assignment for The Associated Press. It was taken in April 2006 at The National Press Club in Washington D.C.

Solo shot taken at same event

Now Fairey has admitted that he actually used a solo shot of Obama, taken at the same event and by the same photographer. The solo image looks much closer to the one Fairey used in his art work.

This is a crucial point because if he used the Clooney shot, it meant Fairey had to alter the image to create his piece. Now, this premise appears no longer to be true.

Fair use is a legal claim that copyrighted work can be used without having to pay for it. Cases can sometimes be determined based on how much an original work was doctored.

"Shepard Fairey has now been forced to admit that he sued the AP under false pretences by lying about which AP photograph he used," said AP vice-president Srinandan R. Kasi.

Kasi said Fairey's admission struck "at the heart" of Fairey's defence and said the AP would continue to pursue its countersuit alleging that Fairey had wilfully infringed the AP's copyright.

Artist still believes it was fair use

It's not clear though whether the artist plans to continue his case against AP.

"I sincerely apologize for my lapse in judgment, and I take full responsibility for my actions, which were mine alone," said a statement by the Los Angeles-based artist.

Fairey indicated he was taking steps to correct the information and also stated that he was "very sorry to have hurt and disappointed colleagues, friends, and family."

He did however, remain unrepentant about the issue of fair use.

"Regardless of which of the two images was used, the fair use issue should be the same."