Shepard Fairey for his art poster for Obama....
Legal issues with appropriation and fair use
See also: Fair use and appropriation art
Fairey has come under criticism for appropriating others' artwork into his own while failing to provide attribution for the work used.<36><37> However, he has threatened to sue artists for the same technique. Austin, Texas graphic designer Baxter Orr did his own take on Fairey's work in a piece called Protect, with the iconic Obey Giant face covered by a SARS respiratory mask.<38> He started selling prints through his website marketed as his own work. On April 23, 2008 Orr received a signed cease-and-desist order from Fairey's attorneys, telling him to pull Protect from sale because they alleged it violated Fairey's trademark. Fairey threatened to sue, calling the designer a "parasite".<39>
In 2009, it was revealed that the HOPE poster was based on a copyrighted photograph taken in April 2006 by Mannie Garcia while on assignment for the Associated Press (AP), which wants credit and compensation for the work.<40> However, Garcia believes that he personally owns the copyright for the photo, and has said, "If you put all the legal stuff away, I’m so proud of the photograph and that Fairey did what he did artistically with it, and the effect it's had."<41> Fairey feels his use of it falls within the legal definition of fair use.<42> Lawyers for both sides were discussing an amicable agreement.<43> Fairey, however, ultimately filed a federal lawsuit against the Associated Press, seeking a declaratory judgment that his use of the AP photograph was protected by the fair use doctrine and so did not infringe their copyright.<44>
http://en.wikipedia.org/wiki/Shepard_FaireyFaireyThe Photographer Mannie Garcia apparently had no problem with Fairey's artistic use of his photograph.
It was only Murdoch's AP that had a problem with it.