Judge: 'HOPE' Artist Can Switch Lawyers In AP Suit

HILLEL ITALIE

NEW YORK (AP) — Shepard Fairey has a new legal team and new questions he must answer.

The street artist known for his Barack Obama "HOPE" image will be permitted to switch attorneys in his copyright fight against The Associated Press, a federal judge ruled Tuesday. Fairey's previous lawyers had sought to withdraw from the case after Fairey said he had erred about which AP photo he used as the basis for "HOPE" and then tried to destroy evidence of his mistake.

The AP had asked U.S. District Judge Alvin K. Hellerstein to deny the switch, saying that Fairey's attorneys had "unique knowledge" about Fairey's actions and that the change would cause "undue delay" and bring additional expenses for the not-for-profit news organization.

"I've never seen anything like this," Hellerstein said of the mid-litigation reversal on a key fact. He called Fairey's acknowledged wrongdoing a "serious transgression," but also said he wanted "this case to be decided on the merits."

Fairey had claimed his "HOPE" image, seen throughout last year's campaign, was based on a 2006 photo of Obama seated next to actor George Clooney at a press event in Washington. Fairey now says he used a solo, close-up shot of Obama, as the AP had alleged.