Associated Press settles dispute over Obama 'Hope' image

Disputes over the use of an Associated Press photograph of Barack Obama were reported to have reached a final resolution this week, as a settlement was announced between the agency and clothing firm Obey Clothing.

According to a release from Associated Press, a copyright infringement lawsuit over the use of an image of Obama on Obey Clothing merchandise was settled with an agreement which will see the two parties "collaborate to create and sell apparel" using graphics based on photographs owned by AP.

Obey Clothing has also agreed not to use AP photos without first obtaining a license from the the agency, AP claimed. Additional financial terms remain confidential and neither party surrendered its view of the law, the release added.

The image used on the clothing was the 2008 Obama "Hope" poster graphic by designer Shepard Fairey, of Obey Giant, which AP claimed was based on a photograph taken by freelance photographer Mannie Garcia for the AP.

A copyright dispute between AP and Garcia was settled in August last year with both parties dropping their claims

In January separate legal action between AP and Fairey was resolved "in principle" with both sides saying they had agreed to work together going forward with the Hope image, sharing the rights to make the posters and merchandise bearing the graphic.

"The Associated Press is pleased to have reached a settlement of our lawsuit against Obey Clothing,” Tom Curley, president and CEO of AP, said in a statement.

"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, is also quoted in the release saying the company looks forward to working with AP photographers, as well as continuing its "longstanding relationship" with Fairey.

Obey Clothing UK had not responded to a request for comment at the time of writing.

Image by Daquella manera on Flickr. Some rights reserved.

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