No, because Mr. Fairy sold it.
Shepard Fairey will never work again.
Designed by Shepard Fairey, a Los-Angeles based street artist, the image has led to sales of hundreds of thousands of posters and stickers, has become so much in demand that copies signed by Fairey have been purchased for thousands of dollars on eBay.
"AP safeguards its assets and looks at these events on a case-by-case basis. We have reached out to Mr. Fairey's attorney and are in discussions. We hope for an amicable solution."
Translation: "We just want our cut of the $."
Where to start with fair use when a parody is parodied and then is made a parody of etc?
Obama doesn't have a dog in the hunt. As President, he's public domain. However, AP routinely copyrights all their images. If Fairey had taken his own picture of Obama, or gotten rights to use Obama's image from AP, the issue is settled. However, a specific photographer took a specific picture of Obama and this work was used as a basis for Fairey's work. He also made a lot of money off of it. The fact is the AP photographer had as much to do with the success of the image as Fairey did, since Fairey's contribution could be recreated in Photoshop in twenty or thirty minutes.
Probably Fairey had never been big enough to attract anyone's attention before, but he is now. Fair use goes out the window when you begin selling the product for mass reproduction.
This thread is a good place to learn who Shepard Fairey is:
http://www.freerepublic.com/focus/f-news/2121506/posts
Obama’s Venomous Artist-Fundraiser
Fairey has a company ("Obey") that produces his own artwork, such as these.
See Fairey's website: http://www.thegiant.org/wiki/index.php?title=Category:Prints
Obama has written Fairey that he admires "the political messages involved in your work."
The political messages in Fairey's art are:
1) Communist dictators are god-like supermen
2) The United States is a police state at home and an imperialist oppressor abroad
3) Capitalism is an evil system based on greed and exploitation
4) Ordinary Amerikkkan workers are guilty of blithely supporting an unjust system
5) The only good Americans are those who fight The System
6) The communist Peoples' Armies will soon triumph over Amerikkkan imperialism and bring peace to the world out of the barrel of a gun.
Let’s all sue Factcheck for their altered images.