An interesting followup to the AP Suing Shepard Fairey case is that Fairey is now suing the AP.
PDN has in interesting assessment of the case. LINK HERE
Along with an AP reaction LINK HERE
According to the Fairey filing, he used a different photo (by the same photographer) than the one asserted in the AP lawsuit. This second photo is a wider shot encompassing actor George Clooney.
According to an analysis done at the Idee Blog (LINK HERE), the wider shot photo could not be the one Fairey asserts he used. There's some interesting layered shots and a roll-over shots on that blog that support their analysis.
I have to think that Fairey is making the case for Transformative work. If he gets the court to accept that he used the wider photo for his work, then he can claim that he only used a portion of the photo in question. That would get him a pass under Fair Use and get the original AP case thrown out.
I do so enjoy legal dramas. Thanks go out to Carolyn Wright at photoattorney.com for the info an links.
