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)

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