The statement of claim on behalf of the artist Shepard Feira (Shepard Fairey) has been sent to the District Court of Manhattan on Monday, 9 February. Feira trying to prove in court that he had not violated the law by using a snapshot of Obama without the permission of Associated Press.
The document, prepared by lawyers artist confirmed that Feira, working on a portrait of Obama indeed used the photo of AP. However, according to the statement of claim, it was a so-called "fair use". The situation of "fair use" used in the U.S., allows the use of copyrighted material without permission pravovladeltsa if created on the basis of their work contributes to progress of science and useful arts. "
In the petition also notes that a portrait of Obama Feira "is filled with a different content than the picture, gave him the foundation."
Representatives of AP, commenting on a lawsuit filed by lawyers Feira, stated that the parties tried to settle differences out of court. Agency, they said, has voluntarily committed itself to not go to court until the conclusion of the negotiations. Feira lawsuit, according to representatives of AP, was a complete surprise to them. The Agency stressed they intend to assert their rights.
Associated Press February 4, issued a statement stating that the picture Obama as a basis for the work Feira, was made in 2006 by order of the agency. AP demanded compensation for the use of the image, but also stated that when you play the picture should indicate that it is created on the basis of photographs belonging to the agency.
The portrait of Obama, a "street" artist Feira, became one of the most recognizable images in 2008. The painting, in particular, has been placed on the cover of the magazine The Time, and the original portrait is included in the exhibition National Portrait Gallery in Washington.