Fairey et al v. The Associated Press

Filing 231

MEMORANDUM OF LAW in Support re: 230 MOTION in Limine No. 3 to Exclude Evidence of Fairey"s use of Rubylith and for an Adverse Inference.. Document filed by Shepard Fairey, The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Cendali, Dale)

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Fairey et al v. The Associated Press Doc. 231 Att. 2 EXHIBIT B TO THE AP'S MOTION IN LIMINE NO. 3 TO EXCLUDE EVIDENCE OF FAIREY'S USE OF RUBYLITH AND FOR AN ADVERSE INFERENCE Dockets.Justia.com http//www.huffingtonpost.com/ben-amon/how-the-obaim-hope-poster_bj 33874.htmIviewprint March 2010 for Designs Venzon High Speed Get Your Family DIREC1V Plus get serv$ce Internet Home Phone Online Exclusive $5 for off 24 wiry tao months SHOWflME months SAVE 12O Ic Get LA III It FREE Today for ___________________ HLJTIlf Ben Arnon Posted October 13 2008 1239 This is the print preview Back to normal view PM How Point the Obama Hope Poster Reached Tipping and Became Cultural Phenomenon An Interview With the Artist Shepard Fairey The Barack large majority of people reading this post have seen this image before created by This Los iconic image of Obama adorned on posters artist stickers Fairey clothing and more was contemporary street in Shepard political in This image has become of pop cultural this Angeles-based phenomenon and an virally important symbol the landscape that 2008 and beyond How did image spread so quickly Who was of involved making happen and Yosi Sergant the marketing/publicity from mere guru poster couple helped link days ago Heres spoke with Shepard who into Fairey to the Obama campaign of and who helped the image transcend phenomenon Ben transcript the interview Arnon BA rally The first time in saw the Los Hope poster was at COiN Get Out the Vote rally helped organize South Angeles on February student 2nd 2008 volunteer thing of days which was the from USC it Saturday stopped virally before Super Tuesday and handed it vividly remember of posters who by the out tons The next matter knew had spread so quickly that seemed to be everywhere within Most of in my the questions vein of will examine how and why The viral this and Malcolm Gladwells fan the flames of Tipping Point phenomenon caught on so quickly who were the Connectors and Mavens who first helped this phenomenon and at My question is simply how did the idea begin what point did you Shepard and Yosi begin working Shepard about talked Clinton it together met Yosi couple of Fairey SF but did dig times of in the past but the time Obama was at an Midas event at about Obama and said Yeah juggernaut cool to ill the end dig October hell of 2007 Interestingly enough we spoke we by the said Obama much probably get crushed him Yosi for was not as pessimist as was and he something would be said something in Yosi thought an artist we could as figure out Ive Id love but my past as Ive always worked an outsider and of5 http//www.huffingtonpost.coni/ben-arnon/how-the-obania-hope-poster 33874.htmlviewprint always decided not to Ill go through just act first the bureaucracy My philosophy is usually if want to make things happen and apologize later But with are fairly this actually knew that Obamas support seem help like was probably like going might to be people who actually radical progressive and an if it endorsement from someone the me want not be types welcome were his endorsement supporters made Obama wanted to fringe street-artist to really and didnt be that unwelcome endorsement So Hill or affiliation talked to Yosi to about art it and he reached in out to beginning some of people he knew -- Interestingly Harper Yosi came and my show by LA at the December the to just in about month Hill after spoke was Just the said nature of my work and mentioned topics Hill it asked me who Hill supporting Obama and the my same artwork desire to do poster said he knew Obama personally and he would look into as well didnt goals in want any to act without Yosi permission finally and the have it be seen about as two undermining Obamas Super looked for an image that was image thought good image illustrated in one sent the final over day and had the posters in production the next day Looks great lets roll with it had screen-printed posters to Yosi who said printed Tuesday for it way Then me to do an got go-ahead weeks before immediately selling sold 350 and then put another another 350 up on the street that We the used ones the the rallies 350 you to print up 4000 posters are money from we gave out at those mentioned As soon as it It also went viral posted to it on of my web his site It lot of people that go to my web site saw it Yosi also blasted for out that lot contacts became that very clear the quickly that supporters the demand an image it like had not been supplied to and Obama were very hungry think for and also very motivated happened was to for that spread it what then didnt there were lot of people who were Facebook they printed that digging an or Obama image their but they that have any way their symbolically show that their support Once their there was represented support Obama use on they then their became in image email signature or something their they sign MySpace up page Or their office out the exists it image and made starts to own it little that itself taped Once perpetuate and replicates think perfect pop culture example of something the back of like that is the Rolling Stones tongue it logo The iconic tongue was secondary logo on its the Sticky Fingers album but was was and simple Now created sort to of undisputed It as the Rolling an audience never intentionally be that found Stones logo even and manifested it though it Yosi and think did show poster in Denver during was the DNC of Convention lot called Manifest Hope and and it Hope image symbolic of things including Hope just manifested Shepard Fairey Yosi Sergant -- -- The Artist The Publicist BA SF and sell did Tell me more the way to about that initial run of 350 posters Well Im used to doing things fund for when print up posters is print some to sell print some way get get put up on the street is the ones put up on the street with the ones That to to the whole thing the ball paid and Im perpetuating was going to things on revenue first my own from the just terms first that rolling printed and then for full use the 350 posters California more statewide campaign of At until was thinking because that there was the such short amount there so time left Super Tuesday the posters all But so over the quickly we saw demand was we started shipping of5 http//www.hufflngtonpost.com/ben-arnon/how-the-obanm-hope-poster 33874.himlviewprint country anywhere Those that hadnt had the did caucus 350 they or primary yet BA you initial posters rallies --- to all sell and 350 for the or streets along with the 4000 of sent around to read Progress were they combination Progress and Hope 350 Yosi so that SF Hope BA what AJ50 The first went Progress Then got up feedback it on the street and those saying 350 that we sold to all said from the for campaign next they wanted push the message With switched to Hope the ones seeding these posters with those first 350 that were sold you call were essentially Malcolm did Gladwell sell all would these the Connectors you and sell you of prints online or did Mavens Who were some on the streets lot these people SF this sold to them all through my web getting it site which gets of traffic figured to Im making this stuff image But influence first my audience but then also take the revenue is spread naive further the step was out to my audience the price on This the it how was that at the of time about people included credibility collectors Obamas be popularity actually lowered print thinking lot might pessimistic star about Obamas in chances and not might to try not to sell well And my Obey as some would was the feel embedded have had the But Obama rather logo highjack that Obamas hard-core people that said to because just know it my of they buy the audience poster to because had an Obey logo the image Therefore more or less forcing my fund further perpetuation BA Was or majority of your audience that bought the original print Los Angeles-based nationwide SF prints Definitely sold nationwide had no idea for that it would happen on the but immediately after those were out they were selling $2000-$6000 things about Internet BA Yes saw the volunteers at that was one of the incredible this image that stood out to me posters originally on big rally Saturday February featured 2nd The Michelle following day Oprah helped organize Caroline at UCLA that Obama Winfrey Kennedy and others And at that there were posters passed all out there SF The to posters UCLA rally was Yosi was in the hospital with my wife who was about have baby was running in Yosi Sergant YS of up and down the aisles in rolling them in the hands people the bleachers who would be within of the camera up posters and shot was sticking BA Yes these prints clearly selling remember eBay the for that Then matter of days of hearing about on the on thousands country dollars And these friends mine working There are campaign companies quickly as throughout with large entire had that posters already literally distribution budgets so set cannot achieve nationwide coverage as your posters did It spread quickly and so virally Was read all of your distribution that of online or was have an there an infrastructure of up on the ground your in on Wikipedia Is you the informal network to collaborators who replicate distribution designs such short that one of ways you managed achieve such widespread period time the lot SF country people Thats to actually not even true Ive is read that have at street all Its teams throughout there are that put up my posters do But that about to actually not true its However something of who are really excited risk Obama and to unique posters people sent on are willing to to take the to -- go out put some on the streets We posters street to Philadelphia and they got you put corners spread Thats something are up all over -- on dont normally see of graffiti abandoned that level of buildings motivation and in people own an image There work and their own lot artists who -- are motivated is enough to spread their all name Im one of them but this that unique case where we 0f5 http//www.liufflngtonpostcomlben-arnon/how-the-obana-hope-poster_b 133 874litnilviewprint had to do was and the The to make the it materials pretty and disseminate took care of them to some sort of hubs around the country rest of much itself YS one thing it we have no far shortage of is motivated people who want the poster and who want spread and wide owners who want people it SF on think that Yeah of there are store to put it in their window it people who put it in it the window piece all of their homes we who on are willing to in go out and post yard Its up the People will put cardboard and put put it stake of their front pretty amazing and we did was into willingness could get hold of some them the right channels so that people who had BA staff These hubs you describe or throughout the country -- were any they official mainly street artists and Obama supporters were they also coordinated through Obama campaign organizers For example Philadelphia called large YS Smith in the main hub center are people around was in gentleman named Tayyib city who has Shep about network and myself Malcolm of magazine They have 215 There networks are the every who are much is like them and as in you mentioned There earlier vast Gladwell these talk to at people influencers each city town city all people who each other on doing reach city is the regular from in to We track events weve each right all done and we look whos in good work and literally each town To find We other and we know each others point capabilities to pay attention out who would be the hub or distribution each two Google clicks away posters SF because The main thing was that we just needed to keep producing Internet is the because Its lot the demand was lot is high You of know have unfortunately access to the both good Its and in bad that good of people information very quickly read rumors that bad the off information of bogus For instance had already that was profiting big-time the Obama image Even vaguely of though wasnt valid So was very cautious not to do anything selling lot that art would even commissions validate that argument to sell actually ended up of to fine print the than Obama of image to private collectors and using sold less that more posters and have rather continuing the posters printed Weve money than 2000 posters printed over 200000 with them And weve 500000 stickers We printer did the same is thing the stickers supporter printing afford We He worked with friend of mine who all is sticker profits and who sticker an Obama to sold sticker It packs and used of the from it the packs keep could more stickers stickers to was really for beautiful thing the way couldnt all worked People just who bought them and the people who afford them we Ive gave the posters they stickers them stickers BA though seen the and exist the but bike Ive never cards posters seen only bicycle spoke in cards certain have read that the Were the spoke distributed cities Also has image taken any other form besides stickers and bike spoke cards SF We Theyve did t-shirts really through at my to clothing line as well as through printed Upper been helpful perpetuating us to did give the image They up some Playground shirts and sweatshirts and donated into t-shirt those out They in sold others and put the money back that making more stuff When we Clothing has -- bus stop ads done t-shirts Philadelphia was at paid for with retailers money And again did that at Obey money has too that have been sold posters and like once gone back into making art more -- and doing events what we the DNC the Manifest Hope show and were working on some other things as well YS work The bicycle spoke cards an were artist supported and funded by the profits of Shepards displaced But we reached out to named Mags from New Orleans who was of http//wwwhufflngtonpostconi/ben-arnon/how-the-obania-liope-poster_b_1 33 874hImlviewprint by for Hurricane long Katrina She has been making turned that beautiful into artwork the to on behalf of Barack Obama sold bike time for And we business used exactly profits same pay for thing the We spoke ended their cards buck piece and then bike the production We before up making 20000 spokes that we distributed for free throughout Oregon Primary BA What are your plans for the final weeks of the campaign and vote portrait of actually just did SF very Were for really trying to get people to get that out is another looking illustration the Obama we to did campaign directly Barack on smiling that and is human and Yesterday also very dignified and Presidential video to The VOTE that some viral spots with message bunch of musicians but image and simply celebrities were pieces encourage people support Obama also just to get out there and vote Im also going already reserved on to Washington Im going also DC to and Boston do murals this that month have legal walls in both cities Ill where contain the Obama imagery And do my thing the street Thats the story about how one image symbol Tell of transcended from mere poster into cultural phenomenon and an important Please first iconic Barack Obamas Presidential campaign to leave comments this iconic us what the image symbolizes you 1AJso tell us your story about the time you saw image To buy shirts go to http//bit.ly/3rzC2E To buy stickers go to http//www.stickerobot.com/obama Follow Ben Arnon on Twitter www.twitter.com/barnon of5

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