{{Short description|Image designed by Shepard Fairey}} {{Good article}} {{Use mdy dates|date=March 2024}} thumb|The most widely distributed version of Shepard Fairey's Obama poster, featuring the word "hope". Other versions used the words "change" and "progress". The '''Barack Obama''' "'''Hope'''" '''poster''' is an image of U.S. presidential candidate Barack Obama, designed by American artist Shepard Fairey. The image was widely described as iconic and came to represent Obama's 2008 presidential campaign.<ref name="Pasick">{{cite news|url=http://blogs.reuters.com/photo/2009/01/15/iconic-obama-poster-based-on-reuters-photo/|title=Iconic Obama poster based on Reuters photo|last=Pasick|first=Adam|date=January 15, 2009|publisher=Reuters|access-date=January 20, 2009|archive-url=https://web.archive.org/web/20090120032224/http://blogs.reuters.com/photo/2009/01/15/iconic-obama-poster-based-on-reuters-photo/|archive-date=January 20, 2009|url-status=dead}}</ref><ref>{{Cite news |url=http://news.bbc.co.uk/2/hi/americas/7872253.stm|title=Copyright battle over Obama image|date=February 5, 2009 |publisher=BBC News |access-date=February 22, 2009 }}</ref> It is a stylized stencil portrait of Obama in solid red, beige and (light and dark) blue, with the word "progress", "hope", or "change" below (and other words in some versions).
Fairey based the design on a photo taken by former Associated Press (AP) freelance photographer Mannie Garcia. He created the design in a day and printed it first as a street poster. It was then widely distributed—both as a digital image and other paraphernalia—during the 2008 election season, with approval from the Obama campaign.<ref>{{Cite web|url=https://www.npr.org/templates/story/story.php?storyId=96224796|title=Shepard Fairey Tells Of Inspiration Behind 'HOPE'|last=Cohen|first=Alex|date=April 7, 2008|website=NPR.org|language=en|archive-url=https://web.archive.org/web/20090312040453/https://www.npr.org/templates/story/story.php?storyId=96224796|archive-date=2009-03-12|url-status=live|access-date=2019-04-13}}</ref> By July 2008, Sticker Robot had printed over 200,000 vinyl "Hope" stickers, 75% of which had been given away to support Obama's campaign.<ref>{{Cite web|title=Ten Questions with Zoltron of Sticker Robot|url=https://theobamaartreport.wordpress.com/2008/07/31/ten-questions-with-zoltron-of-sticker-robot/|url-status=live|access-date=March 11, 2021|website=The Obama Art Report|date=July 31, 2008|archive-url=https://web.archive.org/web/20210525033807/https://theobamaartreport.wordpress.com/2008/07/31/ten-questions-with-zoltron-of-sticker-robot/ |archive-date=May 25, 2021 }}</ref> The image became one of the most widely recognized symbols of Obama's campaign, spawning many variations and imitations, including some commissioned by the Obama campaign.
In January 2009, after Obama had won the election, Fairey's mixed-media stenciled portrait version of the image was acquired by the Smithsonian Institution for its National Portrait Gallery. Later that month, the photograph that Fairey based the poster on was identified and the AP began negotiations for compensation. Fairey sued for a declaratory judgment that his poster was a fair use of the photograph. The parties settled out of court in January 2011. In February 2012, Fairey pleaded guilty to destroying and fabricating evidence showing that he had used the photograph; in September, he was sentenced to two years of probation, 300 hours of community service, and a fine of $25,000.
== Concept and design == thumb|left|150px|John F. Kennedy, White House photo portrait (1961)In October 2007, Shepard Fairey, who had created political street art critical of the US government and George W. Bush, discussed the Obama presidential campaign with publicist Yosi Sergant. Sergant contacted the Obama campaign to seek permission for Fairey to design an Obama poster, which was granted a few weeks before Super Tuesday. Fairey decided to create a portrait of Obama based on his feeling that his "power and sincerity as a speaker would create a positive association with his likeness".<ref name="JOLT" />
Using Google Image Search, Fairey found a photograph of Obama taken by freelancer Mannie Garcia for the Associated Press,<ref>{{cite web|url=http://web.mac.com/manniegarcia/iWeb/mannie%20garcia/Hope.html|author-link=Mannie Garcia|first=Mannie|last=Garcia|title=Hope|access-date=2009-02-01|archive-url=https://web.archive.org/web/20090211213827/http://web.mac.com/manniegarcia/iWeb/mannie%20garcia/Hope.html|archive-date=2009-02-11}}</ref><ref name="Gralish2" /> and created a poster design in a day. The original image had the word "{{smallcaps|progress}}" and featured Fairey's signature {{smallcaps|obey}} star—a symbol associated with his ''Andre the Giant Has a Posse'' street art campaign—embedded in the Obama campaign's sunrise logo.<ref name="Interview">Ben Arnon, "[https://www.huffingtonpost.com/ben-arnon/how-the-obama-hope-poster_b_133874.html How the Obama "Hope" Poster Reached a Tipping Point and Became a Cultural Phenomenon: An Interview With the Artist Shepard Fairey]", ''Huffington Post'', October 13, 2009. Retrieved January 17, 2009.</ref> Due to the Obama campaign's concerns about the connotations of the word, Fairey changed the slogan printed under Obama's image from "{{smallcaps|progress}}" to "{{smallcaps|hope}}".<ref name="JOLT">{{cite journal|last=Fisher III|first=William W. |author2=Frank Cost |author3=Shepard Fairey |author4=Meir Feder |author5=Edwin Fountain |author6=Geoffrey Stewart |author7=Marita Sturken|title=Reflections on the Hope Poster Case|journal=Harvard Journal of Law and Technology|date=Spring 2012|volume=25|issue=2|url=http://jolt.law.harvard.edu/articles/pdf/v25/25HarvJLTech243.pdf|access-date=January 21, 2013}}</ref>thumb|Series 2021 $5 billAccording to design writer Steven Heller, the poster was inspired by social realism. Heller saw it as part of a tradition of contemporary artists drawing inspiration from political candidates and producing "posters that break the mold not only in terms of color and style but also in message and tone".<ref>Steven Heller, "[http://campaignstops.blogs.nytimes.com/tag/shepard-fairey/ Beyond Red, White and Blue]", ''Campaign Stops Blog'', ''The New York Times'', February 15, 2008. Retrieved February 21, 2009.</ref> Fairey cited a photo of John F. Kennedy and the image of Abraham Lincoln on the US five-dollar bill as inspirations.<ref name="JOLT" />
==Distribution during the 2008 campaign== thumb|left|210px|"Hope" posters on display at an Obama campaign office in 2008
Fairey began screen-printing posters soon after completing the design and showing it to Sergant. Initially, he sold three hundred fifty and put 350 more up in public. Beginning with that sale and continuing throughout the campaign, Fairey used proceeds from selling the image to produce more; after first printing, he made 4,000 more that were distributed at Obama rallies before Super Tuesday. He also put a printable digital version on his website. The image quickly went viral, spreading through social media and word of mouth.<ref name="Interview"/>
After the initial 600 posters, the Obama campaign conveyed through Sergant that they wanted to promote the theme of ''hope'', and most of the posters sold by Fairey subsequently had the word "{{smallcaps|hope}}" and later "{{smallcaps|change}}" instead of "{{smallcaps|progress}}"; the {{smallcaps|obey}} star was also absent from later versions. thumb|right|220px|Shepard Fairey, ''Obama Hope Gold (from the Artists for Obama portfolio)'' 2008, serigraph, edition of 300, 14" × 10¼" (36 × 26 cm)By October 2008, Fairey and Sergant said they had printed 300,000 posters (with fewer than 2,000 sold and the rest given away or displayed). In addition, throughout the duration of the campaign, over 1,000,000 stickers were printed and disseminated by Stickerobot.com<ref>{{Cite web|url=https://obeygiant.com/obama-hope-stickers/|title=Obama Hope Stickers|date=March 17, 2008}}</ref> as well as clothing and other items with the image sold through Fairey's website.<ref name="Interview"/><ref>William Booth, "[https://www.washingtonpost.com/wp-srv/artsandliving/style/features/2008/obama-poster-051808/graphic.html Street Artist Fairey Gives Obama a Line of Cred], ''The Washington Post'', May 18, 2008. Retrieved January 17, 2009.</ref> According to Fairey and Sergant, proceeds from sales of the image were used to produce more posters, stickers and other merchandise in support of the Obama campaign, rather than direct profit for Fairey.<ref name="Interview"/>
In October 2008, Fairey created a small edition of serigraphs entitled ''Obama Hope Gold (from Artists for Obama)''.<ref name="auto">[https://artmuseum.williams.edu/collection/featured-acquisitions/artists-for-obama/''Williams College Museum of Art, Williamstown, MA'']</ref> This portfolio was produced through a partnership between Gemini G.E.L. printing studio and the Democratic National Committee.<ref>{{Cite web|url=https://cantorcollection.stanford.edu/objects-1/info?query=Artist_Maker+=+%229957%22&sort=52|title=Cantor Arts Center - Obama Hope Gold|first=Cantor Arts|last=Center|website=cantorcollection.stanford.edu}}</ref> The project supported the presidential campaign of Barack Obama.<ref>Kate Linthicum, "[https://www.latimes.com/archives/blogs/culture-monster-blog/story/2008-09-29/artists-for-obama-donate-prints-to-raise-money-for-the-candidate ‘Artists for Obama’ donate prints to raise money for the candidate]", ''Los Angeles Times'', September 29, 2008. Retrieved August 28, 2024.</ref> The Gold serigraphs were released just after Obama's inauguration, and are the third and final edition of Fairey's Hope prints of the president.<ref name="auto"/> An example of this work is in the permanent collection of the Museum of Modern Art, New York.<ref>[https://www.moma.org/collection/works/128793''Museum of Modern Art, New York, NY'']</ref> According to ''Guardian'' journalist Laura Barton, the image had "acquired the kind of instant recognition of Jim Fitzpatrick's Che Guevara poster".<ref>{{cite news|last=Barton|first=Laura|author-link=Laura Barton|date=November 10, 2008|title=Hope – the image that is already an American classic|newspaper=The Guardian|location=London|url=https://www.theguardian.com/artanddesign/2008/nov/10/barackobama-usa|access-date=2021-05-06}}</ref>
In an interview with ''Esquire'' in 2015, Fairey said that Obama had not met his expectations as president, citing his use of drones and Domestic Spying.<ref>{{cite web|date=May 28, 2015|title=Fairey: Obama Didn't Live Up to My 'Hope' Poster|url=http://www.esquire.com/news-politics/interviews/a35288/shepard-fairey-street-art-obama-hope-poster/|access-date=March 22, 2018|website=esquire.com}}</ref>
==Parodies and imitations== As the campaign progressed, many parodies and imitations of Fairey's design appeared. For example, one anti-Obama version replaced the word "{{smallcaps|hope}}" with "{{smallcaps|hype}}", while parody posters featuring opponents Sarah Palin and John McCain had the word "{{smallcaps|nope}}".<ref>Kate Linthicum, "[https://www.latimes.com/archives/la-xpm-2008-oct-09-na-trailfairey9-story.html Artist’s Obama poster spawns wave of parodies]", ''Los Angeles Times'', October 8, 2008. Retrieved February 21, 2009.</ref> In January 2009, ''Paste'' launched a site allowing users to create their own versions of the poster. More than 10,000 images were uploaded to the site in its first two weeks.<ref>{{cite news| url=https://www.thestar.com/printArticle/573737 |title=How you, too, can look and talk like Obama |work=The Star| location=Toronto | url-status=dead |archive-url=https://web.archive.org/web/20121023010407/http://www.thestar.com/printArticle/573737 |archive-date=2012-10-23}}</ref><ref>{{cite web|url=http://www.foliomag.com/2009/paste-s-obama-site-surpasses-magazine-s-online-traffic-less-week|title=Paste's Obama Site Surpasses Magazine's Online Traffic in Less Than a Week|first=Dylan|last=Stableford|date=January 19, 2009|website=FolioMag.com|access-date=March 22, 2018}}</ref><ref>{{cite web|url=http://blogs.abcnews.com/politicalpunch/2009/01/make-your-own-o.html|title=Make Your Own Obamicon|date=January 24, 2009|website=ABCNews.com|access-date=2009-06-27|archive-url=https://web.archive.org/web/20090616060124/http://blogs.abcnews.com/politicalpunch/2009/01/make-your-own-o.html|archive-date=2009-06-16}}</ref>
''Mad'' parodied the "{{smallcaps|hope}}" poster with an "Alfred E. Neuman for President!" poster. Alfred was on the poster, and the word "{{smallcaps|hope}}" was replaced with "{{smallcaps|hopeless}}". Anti-Gaddafi protesters in Chicago, in solidarity with the 2011 Libyan civil war, have co-opted the image. Dynamite Comics released a four-part crossover with Obama and Ash Williams of their ''Army of Darkness'' comics and the ''Evil Dead'' films. One of the issues covers had a picture of Ash Williams (played by Bruce Campbell in the films) in the style of the "Hope" poster with the bottom text reading "Hope?"
Fairey was also commissioned to create a number of works in the same style. He produced two other versions, based on different photographs, officially on behalf of the Obama campaign,<ref>Nicole Powers, "[http://suicidegirls.com/interviews/Shepard+Fairey%3A+Purveyor+of+Hope/ Shepard Fairey: Purveyor of Hope]", ''SuicideGirls'', December 12, 2008. Retrieved February 22, 2009.</ref> and another to serve as the cover of the ''Person of the Year'' issue of ''Time''.<ref>{{cite news|first=Brian|last=Stelter|url=http://www.iht.com/articles/2008/12/22/business/22time.php|title=Time cover sure looks a lot like a campaign image|work=International Herald Tribune|date=December 22, 2008|access-date=February 22, 2009|archive-url=https://web.archive.org/web/20090209230429/http://www.iht.com/articles/2008/12/22/business/22time.php|archive-date=2009-02-09}}</ref> He also created a portrait of comedian Stephen Colbert in the same style, which appeared in an issue of ''Entertainment Weekly'' honoring Colbert's television show ''The Colbert Report''.<ref>Stephen Colbert, "[http://www.colbertnation.com/the-colbert-report-videos/215976/january-15-2009/shepard-fairey Shepard Fairey]" {{Webarchive|url=https://web.archive.org/web/20090218173328/http://www.colbertnation.com/the-colbert-report-videos/215976/january-15-2009/shepard-fairey |date=February 18, 2009 }}, ''The Colbert Report'', January 15, 2009. Retrieved February 22, 2009.</ref>
Firas Alkhateeb, the student who designed the controversial Obama "Joker" image, cited Fairey as his greatest influence.<ref name=thenational>{{cite news | url=http://www.thenational.ae/apps/pbcs.dll/article?AID=/20090901/LIFE/708319970/1239 | archive-url=https://archive.today/20121230104159/http://www.thenational.ae/apps/pbcs.dll/article?AID=/20090901/LIFE/708319970/1239 | url-status=dead | archive-date=December 30, 2012 | title=The joke's on who? | last=Good | first=Oliver | date=September 1, 2009 | work=The National |location=Abu Dhabi | access-date=September 25, 2009 }}</ref> Alkhateeb described the "Joker" image as a corrective to Fairey's glowing portrayal of Obama.<ref name=thenational/><ref name=chicagotribune>{{cite news | url=http://www.chicagotribune.com/features/chi-0819-obama-jokeraug19,0,4266819.story | title=Talking to the Chicago college student who may be behind Obama-as-Joker poster | last=Borrelli | first=Christopher | date=August 19, 2009 | work=Chicago Tribune | access-date=September 25, 2009 | archive-url=https://web.archive.org/web/20090825091228/http://www.chicagotribune.com/features/chi-0819-obama-jokeraug19,0,4266819.story | archive-date=August 25, 2009 | url-status=dead }}</ref> Fairey said he did not agree with its political content, but that the "artwork is great in that it gets a point across really quickly".<ref name=chicagotribune/><ref name=latimes>{{cite news | url=http://latimesblogs.latimes.com/washington/2009/08/obama-joker-shepard-fairey.html | title=Shepard Fairey has 'doubts' about intelligence of Obama Joker artist | last=Milian | first=Mark | date=August 10, 2009 | work=Los Angeles Times | access-date=September 25, 2009 | archive-url= https://web.archive.org/web/20090812204954/http://latimesblogs.latimes.com/washington/2009/08/obama-joker-shepard-fairey.html| archive-date= August 12, 2009 | url-status= live}}</ref>
The September 2009 issue of ''The Advocate'', America's oldest-continuing LGBT publication, featured a cover image similar to Fairey's design. The blue and red coloring was replaced with pink and purple, but instead of "{{smallcaps|hope}}", the caption was "{{smallcaps|nope?}}".<ref name=advocate>{{cite news | url=http://news.bbc.co.uk/2/hi/americas/8297500.stm | title=Obama: Letting down gay supporters? | last=Mirchandani | first=Rajesh | author-link=Rajesh Mirchandani | date=October 10, 2009 | work=BBC News | access-date=October 10, 2009 | archive-url= https://web.archive.org/web/20091013081840/http://news.bbc.co.uk/2/hi/americas/8297500.stm| archive-date= October 13, 2009 | url-status= live}}</ref> Jon Barrett, the magazine's editor-in-chief, said the cover expressed the frustration among some Democratic members of the LGBT community.<ref name=advocate/>
In 2025, The White House Instagram account posted a parody of the poster featuring the text “MS-13” with a portrait of Kilmar Abrego Garcia.
===Honest Gil Fulbright=== thumb|Honest Gil Fulbright SOLD Poster Shepard Fairey created an adaptation of the Obama HOPE poster for satirical Kentucky politician Honest Gil Fulbright.<ref>{{cite web|url=https://www.washingtonpost.com/news/post-politics/wp/2014/08/11/why-the-artist-behind-obamas-hope-poster-is-helping-a-fake-candidate/|title=Why the artist behind Obama's 'Hope' poster is helping a fake candidate|first=Sean|last=Sullivan|date=August 11, 2014|website=washingtonpost.com|access-date=March 22, 2018}}</ref> The poster features a portrait of Frank L. Ridley, the actor who portrays Fulbright, with the words "SOLD," which refers to Fulbright's "honest" political message: "I'm only in this thing for the money, but at least I'm honest about it."<ref>{{cite web|url=https://www.facebook.com/GilFulbright|title=Gil Fulbright: Honest Politician|website=www.facebook.com|access-date=March 22, 2018}}</ref>
===Fairey's adaptation for the Occupy movement=== [[File:Shepard Fairey Occupy Poster.jpg|left|thumb|Fairey's 2011 adaptation for the occupy movement]] Sympathizing with the Occupy movement, in November 2011 Shepard Fairey introduced a variation of his "Hope" poster. In the new poster, he featured a Guy Fawkes mask, and the message "Mister President, we HOPE you're on our side", with the word "HOPE" in large font and the rest of the sentence in small font. The Obama campaign logo on the right was replaced by a similar logo with the inscription "We are the 99%".<ref>{{cite news|url=https://www.washingtonpost.com/blogs/blogpost/post/shepard-fairey-asks-obama-to-support-occupy/2011/11/18/gIQAvzcQZN_blog.html|title=Shepard Fairey asks Obama to support Occupy|last=Bell|first=Melissa|date=November 20, 2011|newspaper=The Washington Post|access-date=November 21, 2011}}</ref>
===Protests against the Australian government=== In February 2015, online activism campaign Abbottsolutelynot launched a donation service to publish billboards in Sydney with Australian Prime Minister Tony Abbott's portrait captioned "HOPELESS".<ref>{{cite web | url=https://www.smh.com.au/politics/federal/think-abbotts-hopeless-now-you-can-buy-your-own-billboard-20150226-13ptv5.html | title=Think Abbott's hopeless? Now you can buy your own billboard | date=February 26, 2015 }}</ref> This was followed by posters of Liberal Party of Australia members, Treasurer Joe Hockey captioned "CLUELESS" and Attorney-General and Minister for the Arts George Brandis captioned ""HE'''ART'''LESS".<ref>{{cite web | url=https://www.joseflebovicgallery.com/pages/books/CL179-177/michael-agzarian-b-1955-aust/hopeless-tony-abbott-clueless-joe-hockey-heartless-george-brandis-and-jobless-tony-abbott | title=Hopeless Tony Abbott; Clueless Joe Hockey; Heartless George Brandis; and Jobless Tony Abbott by Michael Agzarian, b.1955 Aust on Josef Lebovic Gallery }}</ref> The government had faced a spill motion earlier that month, and was later defeated in September 2015.
==Acquisition by Smithsonian== On January 7, 2009, the Smithsonian Institution's National Portrait Gallery announced it had acquired Fairey's hand-finished collage (stencil and acrylic on paper) version of the image (with the word "{{smallcaps|hope}}"), which the gallery said would go on display shortly before Obama's inauguration on January 20, 2009. The work was commissioned and later donated by art collectors Heather and Tony Podesta, the brother of Obama's transition co-chairman John Podesta. It is an unusual acquisition, in that the National Portrait Gallery normally collects official portraits as presidents are leaving office rather than before they take office.<ref>"[http://face2face.si.edu/my_weblog/2009/01/npg-acquires-shepard-faireys-portrait-of-barack-obama.html NPG Acquires Shepard Fairey’s Portrait of Barack Obama]," National Portrait Gallery, January 7, 2009. Retrieved January 17, 2009.</ref><ref>"[http://news.bbc.co.uk/2/hi/entertainment/arts_and_culture/7817466.stm Gallery gets iconic Obama image]," ''BBC News,'' January 8, 2009. Retrieved January 17, 2009.</ref>
==Origin and copyright== [[File:Fairey poster photo source?, by stevesimula.jpg|thumb|right|An AP photo by Mannie Garcia (upper left) was shown to be a near-perfect match, in contrast with a Reuters photograph (lower left) earlier purported to be the source.<ref name="Gralish2">{{cite web |url = http://blogs.phillynews.com/inquirer/sceneonroad/2009/01/found_again_the_poster_source.html |title = Found – AGAIN – the Poster Source Photo |first = Tom |last = Gralish |publisher = Scene on the Road |date = January 21, 2009 |access-date = January 22, 2009 |url-status = dead |archive-url = https://web.archive.org/web/20090123234648/http://blogs.phillynews.com/inquirer/sceneonroad/2009/01/found_again_the_poster_source.html |archive-date = January 23, 2009 }}</ref><ref>Tom Gralish, "[http://blogs.phillynews.com/inquirer/sceneonroad/2009/01/mystery_solved_the_obama_poste.html MYSTERY SOLVED! The Obama Poster Photographer ID'd] {{webarchive |url=https://web.archive.org/web/20090121174039/http://blogs.phillynews.com/inquirer/sceneonroad/2009/01/mystery_solved_the_obama_poste.html |date=January 21, 2009 }}", ''Scene on the Road'', January 14, 2009. Retrieved January 17, 2009.</ref><ref>stevesimula, [https://www.flickr.com/photos/25105505@N07/3212113517/ fairey poster photo source?], Flickr, January 20, 2009. Retrieved January 20, 2009.</ref>]]
The source photograph Fairey based the poster on was not publicly known until after Obama had won the election. After a mistaken attribution to Reuters photographer Jim Young for a similar-looking January 2007 photograph, in January 2009 photographer and blogger Tom Gralish discovered that the poster was based on an Associated Press (AP) photograph by freelance photographer Mannie Garcia. Garcia took the photograph at a 2006 media event with Kansas senator Sam Brownback, where the actor George Clooney was raising awareness of the War in Darfur after a trip to Sudan he had taken with his father.<ref name=":0">Tom Gralish, "[http://blogs.phillynews.com/inquirer/sceneonroad/obama_poster_photo_mystery/ Obama Poster Photo Mystery Archives] {{webarchive|url=https://web.archive.org/web/20090125223620/http://blogs.phillynews.com/inquirer/sceneonroad/obama_poster_photo_mystery/ |date=January 25, 2009 }}", ''Scene on the Road'', December 22, 2008, through January 23, 2009. Retrieved February 21, 2009.</ref><ref name="Kennedy NTY">Randy Kennedy, "[https://www.nytimes.com/2009/02/10/arts/design/10fair.html Artist Sues The A.P. Over Obama Image]", ''The New York Times'', February 9, 2009. Retrieved February 21, 2009.</ref>
In February 2009, the AP announced that it had determined "that the photograph used in the poster is an AP photo and that its use required permission" and announced it was in discussions with Fairey's attorney.<ref name=usatoday>{{cite news | url=https://www.usatoday.com/life/2009-02-04-AP-obama_N.htm | title=AP alleges copyright infringement of Obama image | last=Elliott | first=Philip | date=February 4, 2009 | agency=Associated Press | work=USA Today | access-date=October 10, 2009 }}</ref> Fairey was represented by Anthony Falzone, executive director of the Fair Use Project at Stanford University. Falzone was quoted in the press release: "We believe fair use protects Shepard's right to do what he did here."<ref name=usatoday/> Fairey subsequently filed a federal lawsuit against the AP, seeking a declaratory judgment that his use of the AP photograph was protected by the fair use doctrine and so did not infringe their copyright.<ref>{{cite news |url = http://artsbeat.blogs.nytimes.com/2009/02/09/shepard-fairey-sues-associated-press-over-obama-poster/|title=Shepard Fairey Sues Associated Press Over Obama Poster|work=The New York Times|date=February 9, 2009|access-date=February 9, 2009 | first=Dave | last=Itzkoff| archive-url= https://web.archive.org/web/20090211080158/http://artsbeat.blogs.nytimes.com/2009/02/09/shepard-fairey-sues-associated-press-over-obama-poster/| archive-date= February 11, 2009 | url-status= live}} The case is ''Shepard Fairey; Obey Giant Art Inc. v. The Associated Press'', No. 09-CV-1123, S.D.N.Y.</ref>
In October 2009, Fairey admitted that he had based the poster on the AP photograph and had fabricated and destroyed evidence to hide the fact.<ref>{{cite news |url = https://www.nytimes.com/2009/10/18/arts/design/18fairey.html|title=Artist Admits Using Other Photo for 'Hope' Poster|work=The New York Times|date=October 17, 2009|access-date=November 5, 2009 | first=Liz | last=Robbins| archive-url= https://web.archive.org/web/20121114054518/http://www.nytimes.com/2009/10/18/arts/design/18fairey.html| archive-date=November 14, 2012| url-status= live}}</ref> Fairey's admission came after one of his employees told him that he had discovered relevant documents on an old hard drive. Realizing that these documents would reveal his cover-up, Fairey told the truth to his attorney.<ref name=JOLT />
Garcia contended that he retained copyright to the photo according to his AP contract. He said that he was "proud of the photograph and that Fairey did what he did artistically with it, and the effect it had", but that he did not "condone people taking things, just because they can, off the internet".<ref name="Kennedy NTY"/> Fairey countered that his conduct did not constitute "improper appropriation" because he had not taken any protected expression from Garcia's original photo. In addition, he claimed his behavior qualified as fair use. At trial AP would have to address both arguments.<ref name=JOLT />
A judge urged a settlement, stating that AP would win the case.<ref>{{cite news|last=Itzkoff |first=Dave |url=https://www.nytimes.com/2010/05/29/arts/design/29arts-JUDGEURGESRE_BRF.html |date=May 29, 2010 |title=Judge Urges Resolution in Use of Obama Photo |newspaper=The New York Times}}</ref> The AP and Shepard Fairey settled out of court in January 2011. In a press release, the AP announced that it and Fairey had "agreed to work together going forward with the Hope image and share the rights to make the posters and merchandise bearing the Hope image and to collaborate on a series of images that Fairey will create based on AP photographs. The parties have agreed to additional financial terms that will remain confidential."<ref>{{cite news|url=http://www.ap.org/pages/about/pressreleases/pr_01122011a.html|title=AP and Shepard Fairey announce agreement in Obama poster case|date=January 12, 2011|agency=Associated Press}}</ref>
In a separate criminal action, federal prosecutors suggested that Fairey should face prison time for the destruction of evidence in the case, with the government sentencing request stating that "[a] sentence without any term of imprisonment sends a terrible message to those who might commit the same sort of criminal conduct. Encouraging parties to game the civil litigation system ... creates terrible incentives and subverts the truth-finding function of civil litigation."<ref>{{cite web|url=http://www.thesmokinggun.com/documents/shepard-fairey-sentencing-report-683412 |title=Feds Seek Prison Time For Obama "Hope" Artist |publisher=The Smoking Gun |date=September 5, 2012 |access-date=December 19, 2013}}</ref>{{Better source needed|date=August 2021}} In September 2012, Fairey was sentenced to two years of probation, 300 hours of community service, and a fine of $25,000.<ref>{{cite news|author=David Ng|date=September 8, 2012|title=Shepard Fairey sentenced to probation, fine in Obama 'Hope' case|work=Los Angeles Times|url=https://www.latimes.com/entertainment/arts/culture/la-et-cm-shepard-fairey-20120908,0,6021274.story|access-date=September 8, 2012}}</ref> {{Clear}}
==Other works inspired by the "Hope" Poster== In August 2024, Shepard Fairey, the creator of the original Barack Obama "Hope" poster, created a similar poster of Kamala Harris with the caption "Forward", in reference to Harris's campaign slogan "We are not going back."<ref>{{cite web|url=https://www.thewrap.com/kamala-harris-obama-hope-poster-shepard-fairey/|title=Iconic Obama 'Hope' Poster Artist Shepard Fairey Makes Kamala Harris Print With a New Message: Forward|publisher=The Wrap|first=Jacob |last=Bryant| date=August 15, 2024}}</ref>
In October 2018 an online poster-creation tool called [https://obamapostermaker.com obamapostermaker.com] was released by The Article 19 Group Inc. where users can import their own photo which can be edited along with a custom message to create an image in a similar style to the "Hope" poster. As of April 2025 it has been used almost 200,000 times by over 60,000 people.
== Further reading ==
* Gries, Laurie (2015). ''Still Life with Rhetoric: A New Materialist Approach for Visual Rhetorics''. University Press of Colorado. ISBN 978-0-87421-978-4.
==See also== * Barack Obama "Joker" poster * ''The New Yorker'' § 2008 Obama cover satire and controversy
==References== {{Reflist|2}}
==External links== * [http://obeygiant.com/post/obama#more-541 Obama]—original version from Fairey's website, obeygiant.com * {{cite journal |last1=Fisher |first1=William W. III | author1-link = William W. Fisher |last2=Fairey |first2=Shepard |display-authors=etal |year=2012 |title=Reflections on the Hope Poster Case |url=http://jolt.law.harvard.edu/articles/pdf/v25/25HarvJLTech243.pdf |journal=Harvard Journal of Law & Technology |volume=25 |issue=2 |pages=243–338 |access-date=December 7, 2012}} * [https://content.time.com/time/video/player/0,32068,5109239001_1867663,00.html "Person of the Year Videos: Icon-maker Shepard Fairey"] – ''TIME'' video * [https://www.npr.org/templates/story/story.php?storyId=96224796 "Shepard Fairey Tells of Inspiration Behind 'HOPE{{'"}}] – October 28, 2008, interview by Farai Chideya on NPR's ''News & Notes'' * [https://www.huffingtonpost.com/joshuah-bearman/behind-obamas-iconic-hope_b_143148.html "Behind Obama's Iconic HOPE Poster"] by Joshuah Bearman, ''Huffington Post'', November 15, 2008 * [http://cornellsun.com/section/arts/content/2009/03/22/money-and-muse "Money and the Muse"] {{Webarchive|url=https://web.archive.org/web/20120307133049/http://cornellsun.com/section/arts/content/2009/03/22/money-and-muse |date=March 7, 2012 }} by Ted Hamilton, ''The Cornell Daily Sun'', March 22, 2009 * [https://web.archive.org/web/20091019080415/https://www.npr.org/templates/story/story.php?storyId=113895058 Artist admits using key AP photo for 'HOPE' poster] by the Associated Press on NPR
{{Barack Obama}} {{Authority control}}
{{DEFAULTSORT:Barack Obama Hope Poster}} Category:2008 works Category:21st-century portraits Hope poster Category:Cultural depictions of Barack Obama Category:Paintings in the National Portrait Gallery (United States) Category:Paintings of African-American people Category:Political art Category:Portraits by American artists Category:Portraits of men Obama Category:Political posters of the United States Category:Public art Category:Works by Shepard Fairey Category:Articles with quotation marks in the title fr:Shepard Fairey#Le poster « Hope » sur Barack Obama