Beloved street artist Shepard Fairey has been sentenced to two years probation and 300 hours of community service for destroying evidence related to the civil suit between the artist and the Associate Press over Fairey’s use of an AP photo in his iconic 2008 Obama “Hope” poster. The prosecution had recommended jail time for the acclaimed artist whose work has ranged from his ground-breaking Andre the Giant street art campaign to the Obama portait which was acquired by the National Portrait Gallery in 2009. But the judge in the case sited Fairey’s charity work, letters of support and “public disgrace” as reason enough to keep him out of jail, although in his own statement Fairey insists, “The damage to my own reputation is dwarfed by the regret I feel for clouding the issues of the Fair Use case.”

 

STATEMENT BY SHEPARD FAIREY

FRIDAY, SEPTEMBER 7, 2012

 

I would like to thank everyone who has supported me through this difficult time. Your thoughts, actions and goodwill have made a significant impact on my ability to move forward and close this chapter in my life. I am very grateful to my family, friends and supporters.

                I accept full responsibility for violating the Court’s trust by tampering with evidence during my civil case with the Associated Press, which, after my admitting to engaging in this conduct, led to this criminal case by the Southern District of New York. I accept the Judge’s sentence and look forward to finally putting this episode behind me. My wrong-headed actions, born out of a moment of fear and embarrassment, have not only been financially  and psychologically costly to myself and my family, but also helped to obscure what I was fighting for in the first place— the ability of artists everywhere to be inspired and freely create art without reprisal.

                I entered into litigation with the AP because I believe in Fair Use and I wanted to protect the rights of all artists. The Obama HOPE poster was created and distributed with a belief in what Obama could do for this country and my hope that I could inspire others to thought and action. Making money was never a part of the equation. As funds came in, I used them to create more posters and stickers and make donations to the Obama campaign. Most of the remaining proceeds were given to causes I support and believe in from the ACLU to Feeding America.

                I believed, and still believe, that I had a very strong Fair Use case, which I could have prevailed.  There was no intent to deceive on my part at the outset. When I discovered that the photo I had referenced was indeed the one the AP argued it was and not the one I thought I had used, I was embarrassed and scared to admit they were right and I was wrong even though it would not have had a material bearing on my case. Not amending the record was a big mistake and short-sighted.  My actions damaged my ability to proceed effectively with my case and allowed the AP to focus on my credibility. I regret my actions every day and those who know me well know it is out of character. 

                Throughout my artistic career I have seen art as a powerful tool of political speech and social commentary and I try to use my art to stimulate a constructive dialogue. I believe in intellectual property rights and the rights of photographers, but I also believe artists need latitude to create inspired by real world things, just as news organizations need to use exception to copyright in order to report the news.  The ability for an artist to creatively and conceptually transform references from reality is essential to their artistic commentary on the realities of the world. If artists find that freedom curtailed, it is not just artists, but all of us, who will lose something critically important.

                The damage to my own reputation is dwarfed by the regret I feel for clouding the issues of the Fair Use case. I let down artists and advocates for artist’s rights by distracting from the core Fair Use discussion with my misdeeds. The decision today will, I hope, mark an ending to what, for me, has been a deeply regrettable chapter. But the larger principles at stake—Fair Use and Artists’ Freedom—are still in jeopardy, and I hope we will remain vigilant in depending on the Freedom of Expression.