Associated Press Defends Lawsuit Brought by Shepard Fairey over Obama Poster

Countersuit defends AP`s intellectual property rights
NEW YORK--(Business Wire)--
The Associated Press filed an answer and countersuit in the U.S. District Court
for the Southern District of New York Wednesday against Shepard Fairey, Obey
Giant Art, Inc., Obey Giant LLC and Studio Number One, Inc. AP`s answer defends
against the lawsuit brought by Fairey and Obey Giant Art, Inc., which sought a
declaratory judgment that it was permissible for Fairey to use an AP photo of
President Obama without permission from the AP, or any form of credit or
compensation to the AP or attribution to the photographer. AP`s counterclaim
asserts that Fairey and his companies, "fully aware that the [AP photo] was a
copyrighted image, misappropriated The AP`s rights in that image by developing a
series of posters and other merchandise" based on the photo and "selling such
merchandise through various distribution channels," without providing notice,
credit or compensation.

As AP`s counterclaim details, the posters and other merchandise based on the AP
photo "copy all the distinctive and unequivocally recognizable elements of the
[photo] in their entire detail, retaining the heart and essence of [the AP
photo], including but not limited to its patriotic theme."

"This lawsuit is about protecting the content that The Associated Press and its
journalists produce every day, with creativity, at great cost, and often at
great risk," said Tom Curley, president and CEO of AP. "The journalism that AP
and other organizations produce is vital to democracy. To continue to provide
it, news organizations must protect their intellectual property rights as
vigorously as they have historically fought to protect the First Amendment."

As the counterclaim alleges, "Fairey could have selected from any one of
countless images of President Obama in making his posters and other merchandise,
or simply drawn him from life or taken his own photograph to use for his posters
and other merchandise. Instead, Fairey was drawn to the unique qualities of this
particular photograph," made distinctive by the photographer`s creative and
artistic input.

The counterclaim also alleges that the posters and other merchandise "do not
alter any of the distinctive characteristics that make the [AP photo] so
striking - from the selection of subject matter, to the composition, to the
exacting details of the photo." It goes on to note that "Fairey has done nothing
that would excuse his blatant copying of, and creation of derivative works based
on, the [AP photo]."

AP asserts that Fairey`s unauthorized use of its photo "is part and parcel of
[Fairey`s] willful practice of ignoring the property rights of others for his
own commercial advancement," and that the practice "contrasts dramatically with
his aggressive and hypocritical enforcement against others of his own
intellectual property rights."

AP`s counterclaim notes that licensing "is an important source of revenue for
content creators, be they news or entertainment companies. This is especially
true for [AP] and particularly in these difficult times. As a news agency,
licensing of content is fundamental to [AP`s] existence." If Fairey were to
succeed in his suit, it "essentially would permit someone to take and
commercialize a content owner`s property without attribution or reasonable
compensation, undermining the long-established practice of using such revenue
streams to support the ongoing creation of new content."

The counterclaim also alleges that "AP had made every effort amicably to enter
into a license and avoid litigation," with any proceeds received from Fairey for
past use of the AP photo to be contributed by the AP to the AP Emergency Relief
Fund, a charitable fund which distributes grants to staffers and their families
who are victims of natural disasters and conflicts. It goes on to note that "in
the midst of discussions [Fairey and one of his companies] jumped the gun and
filed this lawsuit anticipatorily in an attempt to gain a procedural advantage."

For more information, go to www.ap.org/iprights/

About The AP

The Associated Press is the essential global news network, delivering fast,
unbiased news from every corner of the world to all media platforms and formats.
Founded in 1846, AP today is the largest and most trusted source of independent
news and information. On any given day, more than half the world's population
sees news from AP.

On the Net: www.ap.org

(This AP press release is posted at www.ap.org/iprights/, along with a copy of
the countersuit.)

AP Corporate Communications
Jack Stokes or Paul Colford, 212-621-1720

Copyright Business Wire 2009