Shepard Fairey Arrested In Boston

BOSTON — A street artist famous for his red, white and blue "Hope" posters of President Obama has been arrested on warrants accusing him of tagging property with graffiti, police said Saturday.

Shepard Fairey was arrested Friday night on his way to the Institute of Contemporary Art for a kickoff event for his first solo exhibition, called "Supply and Demand."

Two warrants were issued for Fairey on Jan. 24 after police determined he'd tagged property in two locations with graffiti based on the Andre the Giant street art campaign from his early career, Officer James Kenneally said. One of the locations was the railroad trestle by the landmark Boston University bridge over the Charles River, police said.

Fairey, 38, of Los Angeles, is scheduled to be arraigned Monday in Brighton District Court, said Jake Wark, a spokesman for the Suffolk District Attorney. Wark said Fairey would also be arraigned on a default warrant related to a separate graffiti case in the Roxbury section of Boston.

Fairey has spent the last two weeks in the Boston area installing the ICA exhibit and creating outdoor art, including a 20-by-50 foot banner on the side of City Hall, according to a statement issued Saturday by the museum.

The museum said Fairey was released a few hours after his arrest. Boston police confirmed Fairey had been released, but did not know exactly when or the amount of his bail.

A man who answered the phone at Fairey's Los Angeles studio, Studio One, declined comment.

"Shepard Fairey was completely unaware that there were any warrants for his arrest. Had he known, he would have resolved all such issues before the opening of his art exhibit at the Institute of Contemporary Art in Boston," his attorney, Jeffrey Wiesner, said in an e-mail.

Fairey has been arrested numerous times for drawing on buildings and other private property without permission.

His Obama image has been sold on hundreds of thousands of stickers and posters, and was unveiled at the National Portrait Gallery in Washington before Obama's inauguration.

The image is the subject of a copyright dispute with The Associated Press. Fairey argues his use of the AP photo is protected by "fair use," which allows exceptions to copyright laws based on, among other factors, how much of the original is used, what the new work is used for and how the original is affected by the new work.

A California lawyer who has represented Fairey in the copyright case didn't immediately respond to an e-mail seeking comment on the arrest.

Comments

[distance88]

So let me get this straight:

When ancient peoples write on walls it's called "culture" and "anthropology".
When multi-billion dollar businesses write on walls it's called "advertising".
When urban youth write on walls it's called "graffiti" and "vandalism".

Am I understanding properly?

[hunt49]

There is a significant difference between street art and vandalism.

Street art and tattoos -- both an expression of self and indivualism. Both have some excellent and some low-quality examples.

The difference is, I tattoo on myself, not on someone else. The person who ends up tattooed has creative input and gives informed consent.

If you want to do street art under that framework, awesome - I look forward to seeing it.

[kid41721]

a voice off reason. i'm a devoted fan for shepard and i guess there is a generational and maybe cultural gap in his following. none the less i get it, they arrested him. heros are seldomly realized in the moment. he's applied his artist to a number of organizations and political figures. in time maybe more people will realize his art and his voice.

[bewildered ronin]

No, you aren't understanding things properly.

Anthropology and culture, as you are using them, are a form of studying historical context. In ancient history, if some random person came and started scribbling on one of those ancient temples, the priests would have killed them.

Those corporations "buy" that space to place their advertisements. They also pay for removal and maintenance.

Yes, illegally placing images or writing on public or private property without expressed or undertsood permission is vandalism. That seem to be the only thing you do get.

[distance88]

So let me get this straight:

When ancient peoples write on walls it's considered "culture" and "anthropology".
When multi-million dollar businesses write on walls it's called "advertising".
When urban youth write on walls it's called "graffiti" and "vandalism".

Am I understanding properly?

[buzzcowboy]

Is a 38-year-old professional artist from the right side of the tracks with a RISD degree actually considered "urban youth?"

Er... *cough*

[Veritas 1]

In his own mind...probably. I am sure that is what his art conveys.

[antifluff]

The ancient people were probably using the walls where they lived. Business owns the space or rents it. He stole the space for his own personal uses. If someone put some thing on your walls/home that you did not want there, you would want justice too.

[jfp]

The vast majority of extant ancient graffiti appears both in public places (i.e. on public walls) and in private establishments (in particular, brothels). A graffito is something (e.g. words or an image) incised or carved into another object. Whereas nowadays we use pads of paper to take notes, the ancients typically used shards of pottery. So, yes, a significant amount of 'graffiti' would have been found in private homes. But, it is necessarily the case by any modern definition of the term that graffiti appear in public (whether on public or private buildings), so the ancients (which, for what it is worth, includes the early Christians) wrote graffiti -- and plenty of it.

[beansie]

First off Fairey needs to realize that he is a grown up and not Peter Pan, the second is that he is on the cusp of world fame with his artwork. Personally I hope he wins the legal battle for the use of the original picture of Obama. However, his talent does not negate his responsibility of defacing someone else's property without permission.

He also needs to realize how many people are going to bat for him, including the Institue for Contemporary Art. He has compromised the credibility of all of these professional people. Back away from defacing and realize you are a grown man who knew there were warrants out for your arrest and step up to the plate. Our nation is in a place where we need to be honest and above board. This goes for Fairey as well.

[Furby]

And here I was thinking that his copyright infringement would be about ripping off Andy Warhol's style of portraiture on an Obama picture. So then one could say that portrait is a double ripoff. Half AP photo, half Warhol style.

[frisbeeredcat]

Furby,
Sorry, nothing is new, anymore! As far as graffiti – there needs to be space for people to express themselves through art in public. Avenues to bring art to the people. You can listen to MUSIC, DANCE around, and ACT crazy in public if you want. But to draw and paint on a public surface is a no, private a no, if you draw in a pad and try to show it to the public your soliciting, if you set up to show your art on a corner you need a permit. Art is about communication, but it seems to be stifled and hidden away in galleries and museums. To many these are intimidating venues and they tend to separate themselves from the general public.

[lunarmagpie]

http://www.banksy.co.uk

[Venicedread]

Hey beansie, think outside the box once in a while.
Art is bigger than the confinements we "average citizens" try to put on it or it's creators.
That's the whole point.
We are being asked to think outside of the "normal", mundane ways of thinking.
If the "professional people" over at "The Institute" can't comprehend that, they should all resign.
As for being "honest and above board",,, that's a relative statement.
His art may not even exist if he took that approach?

[Veritas 1]

Typical artist...what is the point of your post? Art is bigger than the world and is not bound by law? I suppose i could murder someone and call it art, now wouldn't that be thinking outside the box!

[bewildered ronin]

Being asked to think "outside the box" by stealing entire concepts? You know, I don't mind works being influenced by other pieces. I've done my share of influenced art, but the design concepts, arrangements, and objects used are all original. Fairey steals entire design concepts, reproduces them, and slaps on his brand logo. That's not good design, that's lazy crap.

[nanetted]

The ICA also certainly know his origins as a street artist. And the PR will drive more people to the show.

[powder chowder]

Street art, while pleasing to the eye, is nothing but vandalism to the person who owns the wall it was painted on.

[DS3M]

(Stereo) Typical uptight response.
Grafiitis not art
its a nuisance

I disagree with those that choose to tag on spaces that are meant to be used from the inside. Like A Window, or a Door.

But if it's a wall, go for it.
A zig zag stripe cut of neon fabrics swathing my city makes me think of bigger things.

[Furby]

"But if it's a wall, go for it"

If it's HIS wall, go for it, if it's not HIS wall and the owner of the wall likes wants to decide for himself, then don't go for it. The artist can ultimately obtain the owner's permission, or purchase the wall in question, as well as the structure to which the wall is attached, I suppose.

[Zofomofo]

OK tagging is Art just like tattoos, or comics or whatever. Like all art, some sucks, some don't, and it has a lot to do with opinion. Frankly, whether it is Art or not is irrelevant. (Warhol copied images too, but was clearly an artistic genius)

But if someone did it to my property, I would want them arrested and I would want them to pay for the repairs, and so would you.

Damaging someones property is by definition vadalism, I don't care if it was Da Vinci doing it. (Of course if it was Da Vinci, I would use the money I sued him for to have it carefully removed and sell it...)

[jfp]

For those to whom this pertains: the Christian fish (not to mention the crucifix) was once 'graffiti'. I.e. it was once vandalism on someone else's property. Now we put them on our cars and in our public buildings.

Frankly, I consider the outside public space, so let's do away with billboards.

[huffnpuffn]

Lock him up!

[josholland]

Lot of people with canned opinions here that know nothing about street art or Shepard Fairey. He's been arrested countless times, it sort of comes with the territory. And to call street art definitively "vandalism" is a ridiculous oversimplification. Read a book smarty pants.

[Furby]

Street art is legal when the artist has obtained the owner's permission to paint an object, wall or building. It is also legal when the artist owns the object, wall or building. Otherwise, it's vandalism.

[josholland]

Ridiculous oversimplification. Thanks for proving my point. Who's arguing legality? I sincerely doubt you understand the significance of street art, and that's why you people always chime in to say the only thing you do know. Yes, it's illegal. So what? We're not talking about some kid tagging his name on the side of your house here. Why insist upon labeling this under the same umbrella as keying someone's car? It's just ignorance.

[advancingthelaw]

Shepard Fairey has quite a past. From a legal standpoint, he is on tierra firma about possible copyright infringement of an AP photograph of Barrack Obama, as use for original art. But on his "tagging" issue, the guy has this desire to invoke the SS of the 3rd Reich. He incorporates as many icons and references - some identical - sculls and bones - directly into his tagging "art." And that is scary and he intends to do so. His messages are so confused with clear arrows to the SS, big brother, and freedom, that he is really trying to get away with a fascination with fascism - "OBEY" by enmeshing it with some so-called liberal "freedom of expression." He is a creep. I think that the Obama campaign and his current staff need to examine who they work for a bit more closely. My take on the arrests for alleged tagging of property is that the police are coming down on him for his acts - which are not limited to one instance or one geography. Google Fairey and Plagiarism you will find several web pages that feature his "art" which point by point takes from true artists, their entire work, and he surrounds with a creepy haphazard frame. Oh and on the tagging, he did this with a group of so-called artists.

[josholland]

Wow, wikipedia really made you an expert on the subject. Great job! Name one of the artists he's been arrested with, and explain to me why they're "so called" please.

[DS3M]

Advancing the Law?
Why don't we work on advancing our civilization beyond the limited consciousness you and yours would have us submit to?

So called artists, Haphazard framing of other peoples work...

That almost sounds like Huffpos M.O., no?

lol

[Lex10]

I thought his job was getting arrested....

[bittertooth]

He is one of the men who were key to Obama getting elected, and does Obama even know who he is? Does he care? Should he care?

[thevealchop]

I was one of those people, too. I voted for Obama.

[murderBYzeN]

I think the goverment should use some of the bailout money to paint Obama's picture everywhere....heck CAstro and Saddam did it so you know its a great idea

[thevealchop]

boring GOP rhetoric!

[kennydarter]

so much hate for this poor dude.
http://hateonme.com
http://www.youtube.com/watch?v=Ie37ciAOOQ0

[rmc53x]

There is absolutely nothing at these links about Shepard Fairey

I think HateOnMe is kennydarter's own website and he is self-promoting here.

i see you learn well from the "poor dude" ...

[GrimisApparatus]

This is a individual who will sacrifice being arrested for his passion. Fairey has been a street artist for most of his life. I can't tell you how happy I was when I saw the "HOPE" picture for the first time. I thought, "Did Obama just hire a graff artist for his campaign? I'm voting for that dude." Political Graffiti art is the new thing on the streets. Images speak louder then words and his images have always spoke to me.

[dougdl]

He used photoshop to splash some red and blue on someone else's photo. Street artist is an oxymoron. On the contrary, street artist equals vandal.

[Cynnel]

Yeah, but he did it and it became the icon we all recognized. It's similar to his Giant motif, it's his style. Give credit where credit is due.

[JinChicago]

sounds like the green eyed monster

its still an original piece of art. and fyi, GRAFFITI equals vandalism. street artists can paint on regular medium, they just DO SO on the street.

[thevealchop]

blah blah blah
you don't know what you're talking about...

[edubowski]

he may have done a simple technique...but he DID it. just as anyone could take a picture of almost anything and become famous for it...it's a matter of actually 'doing' that comes with being known for your artwork..

[thevealchop]

Political graffiti is the new thing on the streets? New??? Not hardly...

[rmc53x]

How old are you? Historically, most street art has always been political; the street is the only place the oppressed and marginalized have for self-expression. it's just that the practice has skipped a generation, that's why you haven't seen it around and Fairey's work filled that vacuum, but it is hardly radical or revolutionary.

Being arrested for posting a graphic next to a sign that says "Post No Bills" ("vandalism" as the squares call it) is no big deal. Try being arrested for real political dissent like shutting down the WTO in Seattle in 1999 or blocking the streets of a financial district during an anti-Iraq war protest. I doubt Shepard has even come close to that-- besides, he got involved only after the pioneers in street stenciling made it safe to do so.

[miesque]

Gee, sounds like the Boston police don't have anything else to do.

[Mari X]

They could have a field day rounding up the usual suspects in City Hall but that would be like shooting fish in a barrel.
I live in the area afflicted by Mr. Fairey's most recent "crime spree" and must say that the artwork really brightens up the dingy, dark and decrepit city very nicely. It's an honor to be one of his "victims".

[mrsfeild]

I appreciate some good quality graffiti art as well but I have to dispute the adjective "decrepit" in describing Boston. Boston is a beautiful, relatively well maintained, historic city. (Dark and dingy-yeah, it's February) Just stickin' up for her!