Law Professor Weighs In On 'Hope' Squabble

Law professor Greg Lastowka talks with Fresh Air about the intellectual-property issues involved in what might be called the audacity-of-"Hope" case.

That's the dispute between the Associated Press and street artist Shepard Fairey, who have been wrangling in the courts over Fairey's use of an AP photo as the foundation for his "Hope" poster — an image that became synonymous with the presidential campaign of then-Sen. Barack Obama.

The original photo was taken by AP photographer Mannie Garcia, and Fairey has admitted that his poster is based on Garcia's photograph. Fairey's lawyers argue that the poster is protected under what's called "Fair Use" — a legal construct that allows for certain exceptions to copyright protections.

Lastowka teaches at Rutgers School of Law, Camden and is currently a visiting professor at Columbia Law School. He specializes in intellectual property and Internet law. His work been published in The Washington Post, USA Today, Wired and The Economist.