Graphic artist Shepard Fairey is the creator of the well-known red, white and blue screen-print poster of Barack Obama that gained notoriety during the 2008 presidential campaign.

Fairey has acknowledged that the visual reference for the image was an Associated Press news photo. When the AP demanded royalties for the use of the image, Fairey filed a declaratory judgment seeking a ruling of non-infringement of the claimed copyright based on the doctrine of fair use. See Fairey v. The Associated Press, 09-01123 (S.D.N.Y., Complaint filed Feb. 9, 2009).

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