The evidence
Yes, it's the Associated Press v. Shepard Fairey. Turns out that the famous poster by artist Shepard Fairey (is that a great name or what?) was confessedly based on a photograph by freelance photographer Mannie Garcia. The AP is claiming that the poster violates their copyright in the photo.
AP made the headlines by making the claim without actually filing a lawsuit. Now Fairey has sued AP preemptively, trying to get a court to determine that his use and alteration of the photo came under the "fair use" exception to the general prohibition on copying protected work. Predictably, at least some photographers think the poster definitely infringes the photographer's rights. Others think the poster is sufficiently different from the photo to make it a fair use. Various opinions here and here.
Of course, the whole claim is premised on AP owning the rights to the photo, which many have assumed is true. However, now it seems that the photographer is claiming he owns the rights, not AP. Stay tuned…
