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TFU – Fairey Dust

That’s right – Totally Fucked Up. OK, I went for the NYPost kind of headline, but I couldnt resist.  Shepard Fairey is facing a bit more trouble with his case. Donn Zaretsky at the Art Law Blog (fantastic blog for real world issues in the art  world) has been following the case, and it seems that Shepard’s problems just got a bit more hairy. Now, instead of a civil suit, he’ll have to deal with the state of California and a grand jury. The other day when we posted about this we knew things would get tough with the civil suit, but we weren’t looking at criminal charges then. Ouch! His lawyer must have dropped a brick when – “Following today’s hearing, the AP published a report stating that the judge revealed the grand jury probe in a handwritten note denying a request by a Fairey attorney that a hearing relating to a copyright lawsuit be closed.” Handwritten by the judge – talk about TFU!  The copyright case which was specious and vindictive at best, would have been easily won by Fairey if he hadn’t freaked out and covered his tracks with “misrepresentations” and “misstatements” (legal terms for prevarications.) Now his problems are in overdrive for a lot of reasons not related to the use of the image. And if you’re prone to good conspiratorial stuff, there may be a political urge behind going after the guy that created an iconic image of the man who unseated the Republican government. I hope Shepard gets himself a really good litigator – he’s going to need one. In the meantime maybe he’ll be able to settle with the AP and put that part of the case behind him. We wish Shepard all the best and hope for a quick end to all of this bullshit. As for the rest of us remember this bit of wisdom Ice Cube imparted to one and all, “Check yourself before you wreck yourself!”

”Credibility is probably the most significant issue,” the judge said. ”Credibility is a very important factor and you can’t go into credibility without going into the destruction of evidence.”

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