I still think the "Hope" poster constitutes fair use. But if anyone can convince a court otherwise, it's photographer Mannie Garcia's formidable legal team.
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I can't talk about every aspect of my case with the AP over the Obama HOPE poster, but there are a few things I want to discuss and points I'd like to make.
An AP victory in this case would undermine artistic freedom. And it would, to paraphrase Lawrence Lessig, effectively outlaw a legitimate form of art.
Why is the AP acting like it has a case? Because juries are unpredictable, copyright law is confusing and defending a lawsuit is extremely expensive.
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