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Shepard Fairey Fair-Use Case Fallen Apart?

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Los Angeles-based artist Shepard Fairey might be left with only his "hope" when it comes to the suit and counter-suit battles being waged in court right now regarding his iconic adaptation of a photograph of Barack Obama for use in his 2008 Presidential campaign.

Fairey has long-maintained that his source was "a photo of then-Sen. Obama seated next to actor George Clooney [...] taken in April 2006 by Mannie Garcia, on assignment for the AP, at the National Press Club in Washington," however he is now admitted that the photo he used was, in fact, a solo image taken by the same photographer at the same event, explains MyFoxLA. It is this image that the AP alleged in their suit that Fairey used, which Fairey denied. In fact, Fairey went to great lengths to cover-up his actions and to convince his accusers he did not adapt that particular photo. Said Fairey:

"In an attempt to conceal my mistake, I submitted false images and deleted other images. I sincerely apologize for my lapse in judgment, and I take full responsibility for my actions, which were mine alone."

However, no matter how much responsibility he is willing to take, Fairey now stands alone in his suit; "Fairey's attorneys, led by Anthony Falzone, executive director of the Fair Use Project at Stanford University, have informed the AP that they are withdrawing." Whether Fairey intends to continue with his lawsuit remains unknown.