What Led Shepard Fairey to Change His Story?
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Shepard Fairey‘s sudden about-face on the source photo for his iconic Obama HOPE poster puzzled many followers of an already multilayered legal battle with the Associated Press concerning what constitutes fair use. What prompted Fairey’s admission? Lawyers, of course. Thorough ones. The American Lawyer has the scoop from the perspective of the AP’s legal team, led by Kirkland & Ellis partner Dale Cendali:
…the fuse that ignited Fairey’s bombshell revelations was lit two weeks ago, when the AP’s legal team…confronted Fairey’s lawyers from Stanford’s Fair Use Project and Durie Tangri with “trace evidence” from materials turned over in discovery. The trace evidence, Cendali said, indicated to Kirkland that Fairey hadn’t given them everything he was supposed to. “We were able to detect that there were other documents that should have been produced,” Cendali said.
Armed with that information, the Kirkland lawyers sent an October 2 letter to Fairey’s legal team, demanding that the missing material be turned over. A week later the Fairey camp responded with a letter outlining plans to amend its complaint against the AP, which initially sought a declaratory judgment that the artist’s use of a photograph of Obama was permissible under fair use doctrine.
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