Shepard Fairey To Plead Guilty To Vandalism Charges

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MELISSA TRUJILLO | 07/10/09 05:39 PM | AP

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Artist Shepard Fairey stands at Boston Municipal Court Friday, July 10, 2009, during a status hearing in connection with 13 vandalism charges around Boston. Fairey, 38, who created the "Hope" poster of President Barack Obama was arrested by Boston police in February when he was in the city for an event kicking off his exhibit at the Institute of Contemporary Art. (AP Photo/Bizuayehu Tesfaye)

BOSTON — The artist who created the "Hope" poster of President Barack Obama was sentenced to two years of probation Friday after pleading guilty to three vandalism charges. Prosecutors dropped 11 other charges.

Shepard Fairey pleaded guilty in Boston Municipal Court to one charge of defacing property and two charges of wanton destruction of property under $250, all misdemeanors.

The 39-year-old Los Angeles street artist, who became famous for plastering his posters and stickers throughout cities, must pay $2,000 to a graffiti removal organization and cannot possess tagging materials _ such as stickers or paste _ in Boston except for authorized art installations. He also must tell officials when he plans to visit Suffolk County, where Boston is located.

"I think that people should be responsible about sharing their art, and that's not a transition or an evolution of my philosophy," Fairey said outside court. "Fortunately, I'm at a place in my career where I can get sanctioned spaces, so it's not an issue that I'll ever have to worry about again."

Fairey was arrested in February when he was in Boston for an event kicking off a solo exhibit at the Institute of Contemporary Art. The arrest came three days after he failed to appear in court on a charge of placing a poster on a Boston electrical box in September 2000.

In the plea deal, Fairey admitted to the 2000 incident and two others this past January: placing a sticker on the back of a traffic sign and affixing a poster to a private condominium building.

He faces no further vandalism charges in Suffolk County. Prosecutors dropped 14 charges last month, saying they could not prove Fairey had placed stickers on properties in Boston's Roxbury neighborhood.

"I share my art and it works virally. People make printouts from the Internet and people buy my stickers online," he said. "There was absolutely no way for the city of Boston to assert that Obama posters put up when I wasn't even in town were done by me, which is ridiculous."

Assistant District Attorney Josh Wall said prosecutors aren't responsible for judging the artistic merits of street artists when they break the law to display their work.

Fairey intends to return to Boston on July 31 to attend a party at the museum for his exhibit, which ends next month.

In a separate case, Fairey and The Associated Press have sued each other over the "Hope" poster, which Fairey's lawyers acknowledge was derived from a photo taken for the AP.

The AP has said his uncredited and uncompensated use of the image violates copyright laws. Fairey says he didn't violate copyright law because he dramatically changed the image.

BOSTON — The artist who created the "Hope" poster of President Barack Obama was sentenced to two years of probation Friday after pleading guilty to three vandalism charges. Prosecutors dropped 1...
BOSTON — The artist who created the "Hope" poster of President Barack Obama was sentenced to two years of probation Friday after pleading guilty to three vandalism charges. Prosecutors dropped 1...
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- yemaya I'm a Fan of yemaya 33 fans permalink

I love grafitti art. In my opinion it's just as legitimate as any other medium. Art is in the eye of the beholder. That's what makes it art. I have a hunch Fairey never imagined just how much he struck a chord w/his poster. It was all over the place so fast. Alot of artists work in a spontaneous way like that. For them it's like the need to breathe. They need to make art. If you had to think about every little legal detail, there would be no art. Look how many politicians have stolen the Obama campaign hope sun logo thingy. Some are clever w/inverted colors but the influence is clear. What about that huh?

    Favorite    Flag as abusive Posted 10:31 PM on 07/10/2009
- Poorsarah I'm a Fan of Poorsarah 45 fans permalink
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How can he be responsible if someone else did these things with his art in Boston? Something stinks about these charges!

    Favorite    Flag as abusive Posted 09:55 PM on 07/10/2009
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The funny thing about the AP suing him is that it took them almost 2 years to figure out that the original photo, that he used for Obama, was from one of their photographers.
Even the photographer who took it didn't recognize it.
Now how are they supposed to have a case against Fairey?
Fairey didn't even make a tenth of the money he could have form the "Hope" art piece.
This just makes the AP look bad.

    Favorite    Flag as abusive Posted 09:18 PM on 07/10/2009
- ohmetoo I'm a Fan of ohmetoo 26 fans permalink
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Yes it does and the should be ashamed of themselves.

    Favorite    Flag as abusive Posted 12:14 PM on 07/11/2009
- stevi I'm a Fan of stevi 3 fans permalink

AP is bad. If ever I see an AP story, I don't automatically believe it.

    Favorite    Flag as abusive Posted 05:57 PM on 07/12/2009

nice business suit

    Favorite    Flag as abusive Posted 08:30 PM on 07/10/2009
- Daughter I'm a Fan of Daughter 2 fans permalink

Hey AP,
Sue me!

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+++#++++##+ ########+++++
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+#########­#+++#++##+­##+#+
+#########­#++++#+##+­++##+
+#########­#+++#+####­+###+
++++++++++­++++++++++­+++++


http://www.vgatrader.com/boascii.html

    Favorite    Flag as abusive Posted 07:48 PM on 07/10/2009
- fedupinfla I'm a Fan of fedupinfla 46 fans permalink
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Oh wow....thats great!!!

    Favorite    Flag as abusive Posted 01:19 AM on 07/12/2009
- flurryup I'm a Fan of flurryup 2 fans permalink

Wow! One big criminal punished. Next, The Bush Gang.lol

    Favorite    Flag as abusive Posted 07:32 PM on 07/10/2009
- poster1122 I'm a Fan of poster1122 23 fans permalink

So, what? Stop enforcing property crime laws until Bush is dealt with. I wonder if you would be so forgiving if someone defaced your car/house/whatever tomorrow? Ah just let the guy go until we deal with this first.

    Favorite    Flag as abusive Posted 08:22 PM on 07/10/2009
- ohmetoo I'm a Fan of ohmetoo 26 fans permalink
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The point is justice has been upside down for way to long, get a clue read a book.

    Favorite    Flag as abusive Posted 12:16 PM on 07/11/2009

Shepard can "deface" any of my property anytime he wants.

    Favorite    Flag as abusive Posted 10:09 PM on 07/11/2009

y'all sure know how to get them dangerous criminal types off the streets - I feel safer already!

    Favorite    Flag as abusive Posted 06:49 PM on 07/10/2009
- RazeTemple I'm a Fan of RazeTemple 33 fans permalink
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Wow so, that's what happens to patriots here? His art was an improvement to the places it was put up at. That is sad.

    Favorite    Flag as abusive Posted 06:31 PM on 07/10/2009
- poster1122 I'm a Fan of poster1122 23 fans permalink

Whether it was or wasn't an improvement is irrelevant (and really a matter of taste). It was his property that he was tagging. How would you feel if someone "improved" your house/car/whatever without your permission?

    Favorite    Flag as abusive Posted 08:17 PM on 07/10/2009
- poster1122 I'm a Fan of poster1122 23 fans permalink

Er, it *wasn't* his property...

    Favorite    Flag as abusive Posted 08:19 PM on 07/10/2009
- furryone I'm a Fan of furryone 19 fans permalink
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I stand by Shepard--I HOPE he continues to make his ART for many many years to come!

Power to you, my artist brother!

    Favorite    Flag as abusive Posted 05:20 PM on 07/10/2009
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he's a h@ck that steals other peoples work and at his age acts like a teenager without m0rals defacing other people's property.

    Favorite    Flag as abusive Posted 07:06 PM on 07/10/2009
- Dynamohum I'm a Fan of Dynamohum 55 fans permalink

What a complete crock!!

    Favorite    Flag as abusive Posted 08:14 PM on 07/10/2009
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Fairey practically gets the Chair for affixing a sticker to the back of a traffic sign and pasting a poster on the wall of a condominium at the same time as Bush, Cheney, Rumsfeld et al remain at large despite mounting evidence that they are guilty of war crimes. TILT.

    Favorite    Flag as abusive Posted 05:17 PM on 07/10/2009
- RACVC I'm a Fan of RACVC 3 fans permalink

Hear, hear!

    Favorite    Flag as abusive Posted 05:29 PM on 07/10/2009
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When I worked as a layout "artist" doing Yellow Page (Qwest) display ads, we were instructed by the company lawyers that in order to avoid violating copyright laws, we had to modify by at least ten percent any images we downloaded for use in our layouts. Fairey's changes to the Obama image went far beyond ten per cent, so what's the big deal?

    Favorite    Flag as abusive Posted 05:10 PM on 07/10/2009
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it's an icon :)

the freelance photographer, mannie garcia, disputes AP's ownership of the original photographs:
http://www.npr.org/templates/story/story.php?storyId=101184444

    Favorite    Flag as abusive Posted 05:21 PM on 07/10/2009
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LAUGH OUT LOUD! If that was the photo as it was published, I don't see how the AP ever in a million years thought they could prevail in their claim that "Fairey's use of Garcia's original infringed the AP's copyright."

    Favorite    Flag as abusive Posted 06:26 PM on 07/10/2009
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"placing a sticker on the back of a traffic sign, and placing a poster on a private condominium building".

    Favorite    Flag as abusive Posted 05:04 PM on 07/10/2009
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"a great nation deserves great art" (National Endowment of the Art and Humanities creedo), so quit feeding us kitsch.

    Favorite    Flag as abusive Posted 04:59 PM on 07/10/2009
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blank walls: blank minds -- from some bathroom stall

http://www.banksy.co.uk/

    Favorite    Flag as abusive Posted 04:52 PM on 07/10/2009
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here's banksy vandalizing the separation wall in jeruselum:

http://www.banksy.co.uk/index2.html

    Favorite    Flag as abusive Posted 06:32 PM on 07/10/2009
- hypathia I'm a Fan of hypathia 2 fans permalink
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Even the most base level artist who takes their work seriously knows you have to get permission to use someone else's photograph, especially when you know the end image is going to be plastered all over the country. It's a no-brainer. And this story is just more of the same ignorant behavior. He should have at least learned something from his first mistake. Nothing against graffiti art or Fairey's poster design, but this guy's lack of professionalism is kind of a joke.

    Favorite    Flag as abusive Posted 04:34 PM on 07/10/2009
- OverIt I'm a Fan of OverIt 69 fans permalink


Although what you state may SEEM reasonable and fair on its face, it betrays a clear lack of knowledge of American intellectual property law, especially the Fair Use Doctrine. Which in the opinion of many artists who don't do derivative work is anything but fair --- though it IS the law. And which has been the foundation of all of Shepard's successful arguments in defending against infringement charges. Shepard's vandalism is illegal. However, his use of original works as a starting point for his designs is legal if they constitute a transformative use of the original. Case in point, the AP picture that he used as the basis for the now-iconic Obama poster.

    Favorite    Flag as abusive Posted 04:48 PM on 07/10/2009
- TheBlackCat I'm a Fan of TheBlackCat 227 fans permalink
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Actually according to patent law you are allowed to do an artistic rendering of a photograph so long as you change it to make it a unique piece of art- the image is allowed to be used so long as it has been changed enough so that it's not simply an exact replication of the original photo. Artists do this ALL THE TIME mostly in alternative art media like comic books, stickers, etc. So I don't know where you get this "base level artist" idea. I'm a non professional artist but I hang out with a lot of professional artists, a few of whom are very successful comic book and poster artists. Also my best friend is a patent attorney for Ropes and Gray, one of the top law firms in the country, and we've discussed this as well.

Not to mention the photo the AP is claiming Fairey "stole" is a very indistinct photo. It's not like Obama is DOING something which makes the original PHOTO especially unique. He's not raising the flag at Iwa Jima. The photo is Obama staring off in the distance. It's rather ridiculous for AP to now say that any future renderings of Obama starting into the distance are now their property.

And as far as the photo being of OBAMA- he loves it. There was a posted letter from him at the Fairey art exhibit in which he expressly thanks Fairey for it and says how much it helped his campaign.

    Favorite    Flag as abusive Posted 09:01 AM on 07/12/2009
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