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

[nozworld]

i saw more at http://www.thenoz.wordpress.com

[LittleGirl]

I never liked that photo of Obama in red white and blue...

[16tons]

Finally, Fairey doesn't have his act together. He states frequently (on Fresh Air with Teri Gross, Charlie Rose) that "the street" thinks he's too mainstream and the mainstream thinks he's too street. Uh... what? The mainstream is happily ushering him in (which is fine by me, notwithstanding his stated positions). As far as the street goes, those who have always thought Fairey was a punk still do, and those who like him do still as well. There aren't many new criticisms of him. They are the old ones, as he is still doing the same old thing: copy someone else's image, ad colors (and strictly derivative "vintage" Soviet propaganda aesthetic) and voila... "art."

[16tons]

Let's be clear. Nowhere in my comment do I fault anyone with dealing with corporations or making money. I'm all for it. Just don't strike an outsider's pose while you do it. Moving on.
The comparison of Fairey to Warhol or Rauschenberg is a false one. Neither of these (nor certainly Neiman) ever struck any pose of being anti-system or critical of mainstream art, commerce, or things "corporate," such as Fairey has. On the contrary, in fact, in Warhol's case. Further, Warhol's appropriation of images always did something with new and revolutionary them, put them in a new context that creates an entirely different meaning (Elvis, electric chair, etc.). Fairey simply takes an image and reproduces it (Obama, Che, Andre the Giant) with some new colors. There is nothing substantive added.
In the case of the photograph of Obama, Fairey went so far as to state that he didn't know who took the photograph, long after the AP and the photographer contacted Fairey and his lawyer. It's not so much the lying, in this case, that is upsetting -- although it's certainly pathetic, and nothing Warhol would ever do -- it's the insistence that his Obama image is anything other than a high-contrast duplication with some lovely colors. .. more after the break...

[Rapid1]

Again, you make subjective opinions and provide nothing worthwhile.

[SOLERSO68]

b f d... an old fta warrant for some old misdnomeanor...if i had something this guy spraypainted on the side of my building id probably put up an electric fence around it. it will be interesting to see how this "plays out" in the wingnut press. they are scrounging for ANYTHING to try and embarass the President.

[Testiculus]

WTF? What has the President got to do with this. I thought this was an article about an artist and his art. Oh, you are talking about the PICTURE of the President. Actually, it is a good PICTURE but still a PICTURE none the less. And how is that trying to embarrass the President?

[Heather Melling]

Uhm.. I don't see why the Boston police would have any reason to embarrass the president.. Our state is very entrenched democratic and our Governor is a good buddy of Obama's.

[tjwdraws]

Our priorities are so messed up in this country. Surely the police have better things to do than hunt Fairey down.

P.S. the AP's claim IS BOGUS. Being inspired by a photo is not reproducing it.

[Testiculus]

P.S. reproducing a picture is also called 'reproducing' it, just so you know.

[wendy82551]

He wasn't "inspired" by the photograph. He took it and photoshopped it, basically. It's not rocket science, but it is theft. It really surprises me that an artist can be so glib about stealing another artist's work.

[thevealchop]

I'm not convinced...

[edubowski]

look up any art copyright laws and rules...you will see that he has not done anything illegal or wrong in using the selected photo to create a different piece of art.

[Mikeeee]

You're kidding, they're checking posts on this topic?

[Mikeeee]

Surely graffiti ranks right up there with mass murderers such as bush/cheney. I'm still waiting for anyone in the law enforcement community, police officer, prosecutor, state attorney, anyone to step up and show some gonads and "arrest' both of them. Take them into custody even if for just a few hours.

[ssion1984]

I couldn't agree more. How about we send them to Guantanamo Bay?

[Testiculus]

Arrest them for what, keeping the U.S. safe from terrorists? If you were to arrest every leader that decided to go to war you would not have enough jails to hold them all.

[jmkliegman]

It's so ironic to see a man who promoted "hope" arrested, even if the charges aren't that big. I discuss this issue further at my blog.

Julie
http://www.journalbyjulie.blogspot.com

[lunarmagpie]

uh... yeah. we'll be right over. you go first...

[hrdkkr]

Fairey is listed as one of USA Network's Character Approved Award winners. So is it "Character Approved" or "Criminal Approved". Considering that Fairey's famous 'Hope' picture is a copyright infringement, what sort of values is USA Network honoring?
Now he has been arrested and charged with tagging property with graffiti. Is he what USA Network is trying to tell others to aspire to be? In his own video piece, he says that it is what he can get away with.
Makes me think the "Character Approved" is not something I would want anyone to be. Clearly he has no respect or concern for others or their property. Not virtues I would consider worthy of being honored. Shame on you USA Networks.

[Jenjohnson]

Boy.. a little judgemental aren't you... ready to hang someone at every opportunity you have....You sound like someone who never got a hug growing up and has bitter feelings to anyone who is popular. You would be best served to get some therapy buddy.... what .

[lunarmagpie]

Mark Vallen really gets around, doesn't he? ;o)

[lunarmagpie]

FREE SHEPARD FAIREY!
http://www.supertouchart.com/2009/02/02/editorial-the-medium-is-the-message-shepard-fairey-and-the-art-of-appropriation/

[roshni]

Absolutely. Free Shepard Fairey and arrest Ann Coulter.

[BlueStateMan]

Let's see now....

His "copyright infringement" charge is bogus.. as the photographer who originally took the shot did NOT sign it to AP & he said he is PROUD that Fairey used it as the basis for his painting.

The "graffiti" charge is equally specious... he carved his name into cement that HE POURED... & it was many YEARS ago.

Shame on YOU for immediately going into your PHONY "righteous indignation" mode before you EDUCATED yourself as to the FACTS.

LAZY THINKING is not a virtue I would consider worthy of being considered.

[BlueStateMan]

Let's see now....

His "copyright infringement" charge is bogus.. as the photographer who originally took the s.hot did NOT sign it to AP & he said he is PROUD that Fairey used it as the basis for his painting.

The "graffiti" charge is equally specious... he carved his name into cement that HE POURED... & it was many YEARS ago.

Shame on YOU for immediately going into your PHONY "righteous indignation" mode before you EDUCATED yourself as to the FACTS.

LAZY THINKING is not a virtue I would consider worthy of being considered.

[hkochii]

What better publicity could Fairey hope for to announce the opening of his show than to be all over the media for this arrest?

[SpencersMom]

But Bernie Madoff is out of jail on a bond, paid for with stolen money. Makes good sense.

PEACE

[WasteNJ]

Such is the life of a graf writer.

[16tons]

WARNING: What I am about to write is commonly understood by many of you; if so, please excuse. Shepard Fairey hasn't been much of a "street artist" for years, if the term implies being outside the mainstream of corporate commerce. He has been advising large corporations on how to reach "the street," and supplying them with imagery to do just that, for huge bucks. It began when he discovered how to turn a profit by plastering his mononmaniacal OBEY on everything from sport shorts to baseball hats, and selling them to kids who wanted to look "outsider." And what he has been giving the corporations -- and in doing so gives us -- isn't even terribly original. It is mostly reprocessed Soviet-era propaganda styling. From a graphics point of view, it is lazy, though effective. For another lawyered-up millionaire -- and he is just that -- to do a couple of hours for a misdemeanor isn't impressive. Read on:
http://www.tomorrowmuseum.com/2009/02/05/the-problem-with-shepard-fairey/ and at http://www.tomorrowmuseum.com/2009/02/05/the-problem-with-shepard-fairey/

[Rapid1]

Your argument is meaningless.

I don't like LeRoy Neiman's constant barrage of corporate bullshit, but he does sell paintings and prints. I don't like him, but I don't call him a hack because I am aware a lot of people do. Different strokes.

I hate Andy Warhol's early work. Hand colored cats, come on...but later he did create some great stuff.

And yes, Fairy's work is taken from soviet era propaganda, but what's wrong with that? Most artists take style from others and that particular style was built for the streets. Propaganda=Advertising=Art is a concept that I don't greatly appreciate, but it is valid nonetheless.

[samizzz]

What's wrong with it is that Fairey is not just borrowing, taking inspiration or directive from a specific style, movement or group of artists. He's an outright thief and fraud who copies, reproduces and then misrepresents other people's work as his own.

http://www.facebook.com/ext/share.php?sid=47684292849&h=7cROE&u=Qsw6Z

[WasteNJ]

The graf writers I used to run with are mostly now still struggling to make a living if they are still doing art. The ones into web design and computer graphics aren't going to turn down a huge check. It's business, you can always change your Graf name and come out strong in the streets again.

[etcetc]

not sure what your point is. there are plenty of artists that sell their work for advertising for huge corporations. Robert Rauschenberg painted billboards before he was established as a fine artist.

are you upset because he knows how to work the system for publicity?

[Brillig]

And what about Andy Warhol and Campbell's soup?

What is the point of the rant about his work for corporations?

Some unwritten law that artists must live in a garrett and eat with rats?

[viper234]

An artist arrested for graffeti vs Bush and Cheney not being arrested after lying to the American people, waging an unnecessary war that has killed close to 5,000 American soldiers and over 100,000 Iraqi civilians, wiretapping Americans without warrants, and running the economy into the ground. Does that seem right to you?

[Hegemoneyhoney]

They are not mutually exclusive. It is conceivably possible for both to happen. The practice, such as your post exemplifies, of setting up two falsely either-or scenarios, is ubiquitous and is intellectually damaging illogic. It is quite prevalent when one discusses Bill Clinton. Inevitably, someone will rise up and say "yes, but George Bush..." as if it is cognitively dissonate to dislike BOTH Bill Clinton AND George W. Bush. Two ideas, two scenarios, two eventualities can co-exist. Try to get your mind around two things at once. For an "artist" to be arrested for damaging the private property of someone who owns it does not negage the possibility of the greater and more significant crimes of Bush & Co. to be prosecuted - and by the way, yes, I do think that Bush-Cheny & Co. should be tried for treason and war crimes - but then I also thought they should have been impeached, yet Nancy Pelosi decided that she knew better and that would not happen.

[Brillig]

It is the usual bull cr*p.

Absolutely no sense. That is what a civil court should be for. You think a man stole your idea, you sue him.

What 's with the criminalization of everyone in America?