Fairey v. AP v. Garcia v. Fairey: "Hope" Poster Photographer Asks, "What About Me?"

Mannie Garcia, the photographer who took the famous photograph that Shepard Fairey used to make his "Hope" poster, has officially jumped in the fray.

When the AP first threatened Fairey with legal action in February, it was not at all clear that the news organization owned the copyright to Garcia's photograph, as I pointed out at the time. Garcia told me that he had worked as a freelancer, not an AP employee, and that none of the documents he signed granted the AP the copyright to any of his photographs -- which, if true, would end the AP's case.

Now Garcia is telling his story to the judge, with the powerhouse firm of Boies, Schiller at his side. (So much for just wanting a signed lithograph from Fairey.) In his papers, Garcia also signals his intention -- if he is allowed to intervene in the case -- to dispute Fairey's "fair use" defense.

I still think the "Hope" poster constitutes fair use, as I explain here. But if anyone can convince a court otherwise, it's Garcia's formidable legal team.

Jonathan Melber is an attorney and co-author, with Heather Darcy Bhandari, of ART/WORK: Everything You Need to Know (And Do) As You Pursue Your Art Career (Free Press), a professional-development guide for visual artists.