AP Settles Lawsuits Against Fairey and Clothing Retailers

Just four days ago I mentioned that the Associated Press had sued Obey Clothing (Shepard Fairey’s clothing company) and three clothing retailers for unauthorized use of AP photographs.

Well, today, the AP and Obey Clothing agreed to settle their copyright infringement lawsuit over Obey Clothing’s sale and distribution of apparel and other merchandise bearing the image of Barack Obama in the 2008 Obama Hope poster. The settlement also amicably resolves claims that the AP filed last week against three retailers who sold T-shirts and other apparel distributed by Obey Clothing.

Here are their respective comments:

“The Associated Press is pleased to have reached a settlement of our lawsuit against Obey Clothing,” said Tom Curley, president and CEO.  “This settlement marks the final resolution of the disputes over our rights in the AP’s photograph of Barack Obama.  While it was a long road with many twists and turns along the way, the AP is proud of the result and will continue to vigorously defend its copyrighted photographs against wholesale copying and commercialization where there is no legitimate basis for asserting fair use.  The AP is particularly gratified that this settlement will benefit the AP’s Emergency Relief Fund, which helps AP staff and families worldwide cope with catastrophes and natural disasters.”

Don Juncal, president of Obey Clothing, said: “The Associated Press has an impressive archive of work provided by talented photographers.  We look forward to working with those photographers, as part of our long-standing relationship with Shepard Fairey, to produce and market apparel with the new images that will be created.  We have collaborated with other photographers and artists in the past, and hope that will be a successful endeavor for all parties.”

Tags: art, commercial use, intellectual property, licensing, photgraphy