"Artist Gets Probation in Dispute Over #Hope" @wsj

The artist behind the "Hope" poster that became a symbol of President Barack Obama's 2008 campaign was sentenced on Friday to two years of probation and 300 hours of community service for lying during a copyright dispute involving the iconic image.

image
Reuters

Shepard Fairey on Friday in New York

Shepard Fairey, who also was ordered by the judge to pay a $25,000 fine to the government, in February admitted to fabricating documents and lying in a civil lawsuit he had brought against the Associated Press in 2009, after the news agency accused him of violating its copyrights. The news agency said Mr. Fairey had used a close-up AP photograph taken of Mr. Obama at a 2006 event as the basis for his poster—a red, white and blue image of Mr. Obama with the word "Hope" underneath.

Mr. Fairey had claimed that he used a different photo as the basis, but when he realized that wasn't true, prosecutors said, he created false documents and deleted electronically stored documents to hide the fact that he had indeed used the 2006 image as a reference.

"I am deeply ashamed and remorseful that I didn't live up to my own standards of honesty and integrity," Mr. Fairey said at a hearing in Manhattan federal court on Friday.

The 42-year-old Mr. Fairey had faced as much as six months in prison after pleading guilty in February to a single misdemeanor count of criminal contempt. Prosecutors, who sought jail time in the case, said anything less would send "a terrible message" to people who might commit similar conduct in the future.

But Daniel Gitner, Mr. Fairey's lawyer, said his client shouldn't serve any jail time because he had admitted his misconduct as soon as it was discovered and well before the government's investigation began. He also undertook efforts to settle the case and make the AP whole, despite having a valid argument on which he may have prevailed at trial in his lawsuit, Mr. Gitner said.

In a statement after the hearing, Mr. Fairey said: "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."

U.S. Magistrate Judge Frank Maas said the artist could seek to end his probation after a year's time if he completes the community service by then.

As part of last year's settlement of the civil lawsuit, AP was paid $1.6 million, a portion of which came from insurance, Assistant U.S. Attorney Daniel Levy said.

"We hope this case will serve as a clear reminder to all of the importance of fair compensation for those who gather and produce original news content," Gary Pruitt, AP's president and chief executive, said Friday.

Write to Chad Bray at chad.bray@wsj.com