In case you hadn't heard, the artist who created the iconic HOPE Poster during Barack Obama's campaign is suing the Associated Press. The AP threatened to sue him first for using one of their photograher's photos as reference without prior permission.. As an illustrator and designer, I take Shepard Fairey's side. He did nothing wrong. Often times when you create a work of art about someone famous or historic, you need to use existing reference to create your art. If you're doing a painting of Mick Jagger, can you call him up and ask him to model for you? No. You need to find a photo of him, use it as reference to create his likeness and then change the style enough to become it's own piece of art. They teach this technique in art school. Copyright laws say that as long as the new work is altered in several ways to differentiate itself from the original work, it is legal. What the AP is doing could destroy the right of expression for all artists.
Shepard Fairey wrote a great article on The Huffington Post arguing his point, and also posted the original AP photo, as well as several other visual examples.
The original New York Times article is HERE
