Artist Shepard Fairey was sentenced to two years probation in a U.S. District Court in Manhattan Friday.
Known for the "HOPE" posters he created during President Barack
Obama's 2008 presidential campaign, Fairey pleaded guilty in February to
charges of criminal contempt, and admitted to destroying and fabricating evidence related to a civil lawsuit with the Associated Press.
That lawsuit, which revolved around whether or not Fairey’s infamous
poster based on an AP image violated copyright laws, was settled out of
court in 2011.
In court on Friday, federal prosecutor Daniel Levy recommended prison
time before the artist's sentencing. "Some deprivation of liberty is
necessary," he said. "Anything else sends a terrible message to the
world."
Fairey's defense lawyer argued against the recommendation, describing
his client as a self-made artist who admitted his misconduct
immediately. He emphasized that Fairey suffers from Type I diabetes and,
if incarcerated, would not receive adequate care for his condition.
Fairey faced a maximum prison term of six months, however Judge Frank
Maas sentenced the artist to probation and 300 hours of community
service. He cited Fairey's history of charitable work and the letters of
support submitted by friends and family of the artist.
Commenting on the public response to Fairey's case, Maas remarked
that "public disgrace" will likely be the artist's greatest consequence,
stating that he had never seen the press take such an interest in a
civil case.
Fairey is not the first artist to have been involved in a
high-profile copyright case, though the criminal charges brought against
him were unprecedented. Years ago, Jeff Koons was taken to court
by a professional photographer, Art Rogers, after the American artist
used one of Roger’s images as the model for his 1988 sculpture, “String
of Puppies.” Koons argued that the use of the image fell under fair use
stipulations, but a court rejected this claim, requiring Koons to pay a
settlement fee as well as ship one unsold sculpture to Rogers. Recently,
Richard Prince was accused
of inappropriately borrowing an image from photographer Patrick Cariou
in 2011, further emphasizing the slippery slope of what is and isn’t
acceptable reappropriation. During the trial, the prosecuting attorney asked Prince,
"There's something about appropriating images from other people that
helps you make a work of art that's more believable, is that right?
Prince said: "I guess you can say that, yes."
Via
Huffington Post
