Updated: AP Countersues Over Use Of Obama Image By Artist Shepard Fairey

imageLast month, artist Shepard Fairey filed a preemptive suit against the Associated Press with the help of Stanford’s Fair Use Project, asking a federal court for protection from claims of copyright infringement over his use of an AP photo for the basis of what has become an iconic graphic image of President Obama. Today, the AP returned the favor, filing an answer and a countersuit in the U.S. District Court for the Southern District of New York against Fairey, Obey Giant Art, Inc., Obey Giant LLC and Studio Number One, Inc. (The lawsuit can be found here.)

The news co-op claims Fairey used the 2006 photograph taken for the AP by then-AP photographer Mannie Garcia “without permission from the AP, or any form of credit or compensation to the AP or attribution to the photographer.” (Garcia, now a freelancer, has said he doesn’t want to be part of the dispute.)The countersuit claims Fairey was “fully aware that the [AP photo] was a copyrighted image, misappropriated The AP