Posted on 11/02/2009 2:41:49 PM PST by Behind Liberal Lines
In a motion filed in federal district court on Thursday, lawyers representing artist Shepard Fairey in the copyright fight with The Associated Press over his Obama "Hope" poster asked that they be allowed to withdraw from the case and that a Jones Day attorney and a pair of law professors be allowed to replace them.
The move comes a little more than a week after Fairey admitted lying about which AP photograph he used as the basis for his iconic poster -- and then fabricated and destroyed evidence to cover up the truth.
Fairey's present legal team -- led by Anthony Falzone, executive director of Stanford University's Fair Use Project -- write in their motion that "it is no longer prudent or feasible for present counsel to represent plaintiffs in this matter, because these events present a potential for conflicts of interest between counsel and client. This is itself sufficient to justify substitution." The motion goes on to say that withdrawal "is also appropriate here because it 'can be accomplished without material adverse effect on the interests of the client.'" Finally, the lawyers write that "there are additional grounds that for reasons of professional obligation present counsel could explain in camera if the court felt it was necessary."
The motion identifies the lawyers who would take over the case as Jones Day partner Geoffrey Stewart, William Fisher III, director of the Berkman Center for Internet and Society at Harvard University, and John Palfrey, a professor and vice dean at Harvard Law School.
(Excerpt) Read more at nylj.com ...
In addition to the photographer’s lawsuit, he should have been sued by Andy Warhol’s estate.
Giggle factor BTTT
It’s hilarious to me that a lefty artist is being pursued by other lefties for copyrigth infringment. He will probably find it not so profitable to have done this. Any guesses on damages? 10 million? More??
LOL, at least Warhol was only trying to sell phony/plastic art . . . this Fairly was selling a phony/plastic man.
The supposed “artist” stole Warhol’s technique, the one that made him famous. Regardless of what you think of Warhol’s art, he came up with the original idea, which this Fairey guy copied while he also was stealing an AP photo. This artist is a complete fraud.
Here is how Fisher wants to handle copyright:
A creator who wished to collect revenue when his or her song or film was heard or watched would register it with the Copyright Office.With registration would come a unique file name, which would be used to track transmissions of digital copies of the work.
The government would raise, through taxes, sufficient money to compensate registrants for making their works available to the public.
More here:
Promises to Keep: Technology, Law, and the Future of Entertainment
The posterization process existed long before Warhol. IMHO, Warhol’s fame exceeded his talent by a wide margin.
I’m not condemning Warhol’s art. His art was not soup can’s on a canvas or electric portraits of celebrities, his art was an overall statement about the trending nature of art/society towards something pop, plastic, disposable and something that could be mass produced. His work celebrated and lamented this fact. Besides . . . I am extremely grateful to the man for introducing the Velvet Underground to the world.
Fairey is another immature criminally-minded Obama hack propogandist. The left is infested with them.
The only way these weasels can further their agenda is through lies, distortion, and various forms of larceny.
Fairey is about to get a long needed dose of justice and I hope it stings.
I agree with you on Warhol’s fame exceeding his talent. But he was second to none in self-promotion, and single-handedly added posterization, an effect that was originally used in advertising, to the language of 20th century fine art. (I know, fine is in the eye of the beholder). I, too, think he is overrated, but I will give him his Campbell Soup Cans and his Marilyn Monroes. Fairey reverted to the original use, but I highly doubt he had any clue he was doing so. I still think the Warhol estate ought to sue him.
What goes on in your mind?
I think that I am falling down.
What goes on in your mind?
I think that I am upside down.
Let it be good, and do what you should, you know it’ll work alright.
Let it be good, do what you should, you know it’ll be alright.
I’m goin’ up, and I’m goin’ down. I’m gonna fly from side to side.
See the bells, up in the sky, Somebody’s cut the string in two.
Let it be good, and do what you should, you know it’ll work alright.
Let it be good, do what you should, you know it’ll be alright.
One minute one, one minute two. One minute up and one minute down.
What goes on here in your mind? I think that I am falling down.
Let it be good, and do what you should, you know it’ll work alright.
Let it be good, do what you should, you know it’ll be alright.
No money was made from the poster.
Shepard Fairey has no money to speak of.
Other than lawyers who always win, what benefit can anyone expect from a lawsuit like this?
All it does is clog the courts, enrich lawyers, and reinforce the view that our legal system is an unworkable mess.
You are probably absolutely right about that.
You are probably absolutely right about that.
You are probably absolutely right about that.
Whoa . . . I also agree that his fame far exceeded his talent. But I think that was, at least partly, the point. On some level that was part of the experience . . . that it was a joke that got taken seriously. Whereas with Fairey it is something he takes seriously that is really a joke.
:) Excellent! That is a great song.
Proof of that is the fact that we even know who he was.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.