February 8, 2009
Posted: February 8th, 2009 06:40 AM ET

From
Fairey stands next to his famous depiction of Obama at the National Portrait Gallery.
Fairey stands next to his famous depiction of Obama at the National Portrait Gallery.

(CNN) –The street artist who created the ubiquitous red, white and blue Obama "Hope" posters was arrested Friday in Boston on outstanding graffiti charges, police said.

Shepard Fairey, 38, was arrested en route to an opening party for his first solo art exhibition on two outstanding warrants for property damage by graffiti, Boston police said.

Officer James Kenneally said the instances of graffiti involved images of the late wrestler Andre the Giant - Fairey's tag.

The Friday arrest represents Fairey's second legal tangle this week.

Earlier, the Associated Press accused him of copyright infringement, saying the iconic "Hope" portrait of the president is based on an April 2006 photograph of Obama taken by AP's Mannie Garcia.

The AP - the world's largest news organization - is seeking credit and compensation from Fairey, who contends the image is protected by fair use laws.

The graffiti artist is no stranger to law enforcement. In a recent interview, Fairey told the Boston Globe he has been arrested at least 14 times.

Fairey was released on bail shortly after his arrest Friday and is scheduled for arraignment Monday.

Calls to his lawyer were not immediately returned Saturday.

Filed under: Barack Obama


Ted Townend   February 11th, 2009 1:07 pm ET

Last week Kiera referred to the prisdent as Obama this wk Mr Obama I wonder in 98 yrs of Bush if she ever referred to Bush as Bush or Mr Bush I think it was always Prsident Bush or just the President? Just Curious??

Drinkster   February 8th, 2009 10:50 pm ET

Can we please do something about this world and this system can punish people who offer creativity and hope but people like Bernie Madoff can get off scott free? Nobody's listening! This is like the holocaust!

MikeNJ   February 8th, 2009 11:25 am ET

That whole painting is Graffiti.....take him out behind the barn and shoot him for painting that crap

Justin from New Haven, CT   February 8th, 2009 11:16 am ET

Give me a freaking break. LA is a dump with or without graffiti. I say it improves the place.

Anonymous   February 8th, 2009 11:14 am ET

Well let's see...according to copyright law Section 103 isn't this a "derivative work" that doesn't affect the original photo? I think it's a great work of art. Ok, so he pays the fines for graffiti...but arrest him? Why? I can think of better use of a city's money in this economy than throw a graffiti artist in jail.

johnnymac   February 8th, 2009 10:58 am ET

This artist should be held accountable for his actions as to the damage to private property. As far as the copy right laws and art, I thought all that was sorted out in the 60ties with PoP art. I wonder what Andy Warhol or Robert Rauschenberg would have to say about it all.

Mike in VA   February 8th, 2009 10:43 am ET

I can't believe you ppl defend him. Graffiti and copyright infringements are against the law. People are arrested all over the country for the same thing, along with rapists and murders and Tax Cheats... oh wait...

sledhands   February 8th, 2009 10:40 am ET

I thought of it was red orange and blue

30m-PA-Democrat-voted Clinton then McCain   February 8th, 2009 10:27 am ET

That's right, the nut jobs supported Obama.

josephine   February 8th, 2009 10:18 am ET

A photographer makes his living by taking those "snaps" that any three year old can take. Do you have a three year old ? Do their photos have people without their heads like my three year old takes??? There are snapshots and then there are photographs. You are going to tell me that Ansel Adams and you can both get the same scene?? I think not. When a photographer has a copyright it is the only protection they have for their livelihood, and it is the LAW. Just as with music copyrights so are photographic copyrights.

Scott, Tucson   February 8th, 2009 10:16 am ET

Is it just me or does that painting look like a typical Communist artwork from the Soviet era?

Original Art has rights - not graffiti copies!   February 8th, 2009 10:08 am ET

To the socialist I ask...
If you step out of your car and leave the keys – is it okay for someone else to drive away with it? If you drop $20 to the floor – is it still yours? When you walk down the street are you too a part of the public domain – Your physical being – can anything be done to you? Losing your rights is losing your rights. If you have none, you have none – there isn't any picking and choosing with socialism. In your world, graffiti artists don't have any rights either – so they shouldn't be "claiming" anything or profiting from anything with individualized "stamps" or "marks" no matter who created the original... sounds like a "street version" of attempted capitalism to me. Go figure! Nothing original here at all – criminals always evoke the laws of the same system they abused to protect themselves – yawn. Learn your rights and allow yourself the TRUE freedom we need in order to actually be creative!

Santa Maria   February 8th, 2009 10:07 am ET

I wonder if Obama's grandmother really died of natural causes. I mean, he went there and shortly thereafter she died. Was he afraid that she was going to spill the beans about him? Makes you think...unless you are a card carrying democrat...then thinking is to hard and you just raise your hand to the obamessiah.

King   February 8th, 2009 2:55 am ET

Perfect timing...duh...he just an artist and you now want to arrest him. Phelps had a photo too...you wanna arrest for that too...economy is more important!!

nimmer   February 7th, 2009 11:11 pm ET

It is a matter of time when Mr. Teflon himself will be smudged.

Henry   February 7th, 2009 11:05 pm ET

Please forgive him. along with Michael Phelps, A-Rod, Martha whats her name. Write a freaking book get rich and get over it.

I'm Socialist   February 7th, 2009 11:00 pm ET

I don't believe in this copyright crap. I will use any picture I choose to, no I will not pay 1 cent to anyone for it. But then again not being a capitalist I won't try to make any money with it. Once in the public domain it belongs to the people!

Nate P, MN   February 7th, 2009 10:59 pm ET

A criminal is a criminal, regardless if he's creating "art" or whatever. I get sick of that OBEY crap around my neighborhood on every stoplight controller box.

Macklin Crux   February 7th, 2009 10:53 pm ET

Leave it to Boston's Finest to never miss a photo op.

m.   February 7th, 2009 10:51 pm ET

How many stupid people does it take to comment on an even stupider article? See above.

dan   February 7th, 2009 10:51 pm ET

NOPE

David   February 7th, 2009 10:42 pm ET

Fairey is so full of crap, I remember him from SF 20 years back always trying to get something-anything sold so its no surprise he ripped off an actual artist to get cash and attention-wheres his posse now? Also he is by far dumbest person on Charlie Rose I have ever seen.

Fan of Common Sense   February 7th, 2009 10:41 pm ET

I think Steele meant government never created a job IN THE PRIVATE SECTOR.......and he would be right.

Fan of Common Sense   February 7th, 2009 10:39 pm ET

If stupidity is a crime.....I say he's guilty.

No Name   February 7th, 2009 10:39 pm ET

So stupid. I don't even have words.

bill   February 7th, 2009 10:34 pm ET

I want to do a graffiti campaign blasting all Boston bridges and street signs with it. And my posters will say "Free Shepard Fairy!"

Lotibrown   February 7th, 2009 10:33 pm ET

I am always amazed how Republicans seem able to see from both sides of their faces. Pot smoking, adultery, pill popping, losing billions of dollars of public funds, lying to the American people about going to war, are all excuseable when its a Republican but a crime if it happens to a Democrat. It must be nice to be able to decide when morality matters and when it doesnt.

Frank   February 7th, 2009 10:19 pm ET

I'm always pro-artist. With all the photos taken of Obama, or any public figure, it must be pretty tough to prove copyright infringement based on a separate piece of artwork created by an artist, who never used the real photo anywhere in their work.

The Obey symbol has been a graffiti mark for almost 20 years now. I suppose it's that he "switched coasts" for this round of tagging that got him in trouble!

One other quick thing...if we're so concerned about "infringement" on media such as stickers, posters and t-shirts...maybe we should make some laws that protect artists...anyone look at the copyright infringement cesspool that is "CafePress" lately?

dcortez   February 7th, 2009 10:15 pm ET

Shame on you Boston! Is this what our tax payer dollars is going to? How about the real criminals that are walking the streets right now?!?!? What a waste, I live there btw. And let me tell you our resources are better spent on something like fighting the ongoing violence in the Dorchester area and keeping our kids safe.

Go Faire, can't wait to see your exhibit at the ICA, you work is inspiring.

DP   February 7th, 2009 10:12 pm ET

I love his works. Yet, one who breaks the law should be punished. I would say that graffiti should be considered a low offense felony (yes – felony) since it causes property damage and punishable by 30 days in jail and/or community service. Fairey needs to learn to get permission prior to painting on public places. I seriously doubt many would object to having one of his paintings on the side of their building if it enhances the look.

I would bet the same group of people on here complaining that he should not be arrested would be begging the cops to arrest someone if their own house had a mural painted on it overnight without their permission. You would probably complain even more when the cops take a report and do not immediately follow up on it.

Dan   February 7th, 2009 10:10 pm ET

In the west coast Art world, Fairey is well know for his stealing of other peoples art, just google:'Shepard Fairey plagiarism' and see clear examples. In same cases, he has had to go back and pay artists. His lawyer must be busy!

Alana   February 7th, 2009 10:09 pm ET

There's graffiti and then there's public art. Go arrest some REAL criminals.

Hitspinner   February 7th, 2009 10:05 pm ET

Foolishness. The photographer that took the photo created nothing except take a picture that any three year old could take as well with a little training. The fact that a great artist (that CAN produce art) actually decided to embellish the photo is a compliment. Imitation is the highest form of flattery and inspiration can come from any one of us, even an AP photographer hack that snaps a lucky shot. That photographer should be on her knees giving thanks that an artist so high up the food chain took notice and should be in the office beating the lawyers to death that want to crush this sort of creativity.

jesse   February 7th, 2009 9:58 pm ET

the A.P. just mad that Faireys looks better their pants
JUST HIRE THE GUY

Crazy Larry   February 7th, 2009 9:55 pm ET

What?! This is crazy. It must be a slow news day.

Also, Larry King is so stupid for having a real wresler on the show to challenge Mikey Rouke. What is this a street fight. CNN makes me sick because just when you want to give them credibility, they turn circus circus on you. Stupid show on Larry King tonight. Mickey Rouke is a champ for ignoring Larry and his wrestler friend.

michael   February 7th, 2009 9:55 pm ET

Hey people he broke the law which means he needs to recieve the esults of his actions. He was arrested for graffittie something he has apparently done before. As far as we know he may have been pulled over for a traffic violation and when the ran his name they same the warrent and did their job of arresting him so leave the cops alone. And yes this has nothing to do with Obama.

jt   February 7th, 2009 9:54 pm ET

If you wanna arrest. Arrest the real criminals Bush and Chenney, and leave this guy alone, he's just an Artist, for God sake.

Well there it is   February 7th, 2009 9:47 pm ET

There's another stimulus package line item, new job creation removing graffiti from public buildings. Is anyone aware of what this costs governments across the country every year? Some places they shoot people for destroying property, better he was arrested I say.

guria   February 7th, 2009 9:45 pm ET

I don't understand, are people who meet the president personally allowed to draw them. ridiculous. I better tell my 6 year to draw only things he sees. I guess I better take him scuba diving before he draws anykind of fish.

Sunnyb   February 7th, 2009 9:42 pm ET

The AP? You bunch of woosies. You would not be able to dream up something yourself so you have to take it from someone else. Typical of the crap that happens to artists. Greed.

Pat in IL   February 7th, 2009 9:41 pm ET

Good grief. Aren't there any real crimes happening in Boston, so the law can have something real to do?

Just shut up!   February 7th, 2009 9:38 pm ET

Another crook linked to Obama?

Joe Green   February 7th, 2009 9:34 pm ET

I like the fact that the AP now claims to own Obama's image.

Talk about chutzpah!

This sort of stuff is why people are against IP law.

You can't "own" a frontal view of the President.

If the artist made copies of the AP photo, yes, that is copyright infringement.

But to use the image of the president as an inspiration for a completely new work, well, that's a whole different deal.

Obama's Face is not Copyrigthable.

(Maybe he needs to wear a Buhrka to prevent infringement?)

AP, shame on you.

Graffitti artist, go clean up your graffitti!

Simmy   February 7th, 2009 9:33 pm ET

Romney2012,

I'm a LIBERAL, and proud as heck of it!******You, on the other hand, are an alien. You are from the planet Dork, where these are the rules of law: We win or else. It's our way or the highway. We don't believe in diversity, unless your name is Michael Steele. Our religion is the letter "D." ******Romney2012, you are Dismissed.

If you're not with us...   February 7th, 2009 9:32 pm ET

anyone who voted for obama or supports him in any way is clearly a criminal. the blatant anti-americanism of these subhuman liberals is an abomination, and these so called "artists" are the worst of all. the only answer is for we real americans to retake the nation by force. if we simply fill up some camps (denver airport for example) with all these democratic idiots and introduce a "final solution", our once proud nation might survive.

don't give up my fellow republicans! they can't make us think!

Davonne in Easton Pennsylvania   February 7th, 2009 9:29 pm ET

Wow, I can't believe this guy has to go to jail because of a painting. I mean look at it, it's very impressive. Even if it was copied by the AP organization, it's still nice to look at. Hell, i wouldn't mind him painting that on my wall in my room. I say get him a break. Let the guy go.

beryl g drake   February 7th, 2009 9:26 pm ET

Should have put diollars signs in the subjec's eyes. this is just one of huge wasteful spending sprees that the new administration will copy from the old Bush flop. CVan't anyone hear the sounds of hoof-beats-haste makes waste and fools make awful polic=ticians, or visa versa,

Gene   February 7th, 2009 9:24 pm ET

My comment was meant to be a joke... I hope people actually realize that :)

Amy PA/CA   February 7th, 2009 9:23 pm ET

Boston has real problems, this artist should be among the least of their worries.

gth   February 7th, 2009 9:19 pm ET

A further example of how the cops continue to loose the respect of the people. Next for them, extreme budget cuts and a populace willing not to fund. Money for cops/prisons or healthcare/education, not a hard choice for me.

WillieBinNC   February 7th, 2009 9:19 pm ET

Next he will be painting Pot for sale signs and hanging them on the white house fence. BO will not doubt be a regular...

bob in LA   February 7th, 2009 9:14 pm ET

If his art – or graffiti- looks like this picture, then he should be left alone.
If it is more traditional tagging- something a man of his age should have outgrown, then throw him in jail!

We have entire wings of museums dedicated to gariffit that has a meaning or art value. We need to learn the difference between that and vandalism.

Steven   February 7th, 2009 9:12 pm ET

I type 60 words per minute...I sometimes make mistakes in my spelling ...as in my previous comment...........LIKE I SAID>>>>> THE ARTIST WON ....YOU ALL LOOK AT IT FROM THE WRONG PERSPECTIVE......JUST AS BOB MARLEY WON....and "THIS GUY" Brandon...already is willing to jump into his ( the artist`s grave) ! ! ! PITY !

A. L. Flanagan   February 7th, 2009 9:09 pm ET

Great timing, the guy is finally breaking into the mainstream and they arrest him on the way to a showing? Get real, go find some killers.

And yes, AP, this is fair use. Get over yourselves.

Lynn   February 7th, 2009 8:59 pm ET

Funny that CNN would have something about a street artist and nothing about the investigations about Mike Steele's inappropriate use of campaign contributions. Interesting you are not vetting this man( who pretended to be a Democrate in his losing Senate run )like you did every Democratic nominee!!

jdquest   February 7th, 2009 8:58 pm ET

I wonder how much money republicans will spend, this time, chasing Obama supporters like they did Clinton supporters. Obama's administration will have to raise taxes to pay for the republican witch hunts.

Rob   February 7th, 2009 8:56 pm ET

Just another criminal in the Obama camp

yomama   February 7th, 2009 8:54 pm ET

I don't know any real artist. case in point

Steven   February 7th, 2009 8:53 pm ET

I am an Artist....and I know everyone hates us ! Until the can benefit from our hard work. And make a large profit from our works. However we are still hated ...only the money is loved. Lokk at what happened to Purvis Young....from Miami, Florida. I will not stop being an Artist no matter what! Need I remind everyone in the entire world...if it were not for artists....nothing would be built or drawn or...blueprinted...etc. So when you decide you do not like artists...lokk around you FOOL! Big Up tp the Artist who won the battle!

Bud Burgoon-Clark   February 7th, 2009 8:53 pm ET

The thugs of the BuschReich go free, and an artist goes to jail. Only in Amerika!

travis   February 7th, 2009 8:52 pm ET

He is no great artist or anything but at least he is out there doing it. usually artist are a dime a dozen. it is good to see one seperated themeselves from the crowd, even though it's crap I like the guy. unlesss his friends think he is a wanker or a squid, then i'm probably on their side.

Eddy-MD   February 7th, 2009 8:48 pm ET

Michea steele=The current republican party chairman.

Over the years, money trouble has been a persistent problem for Steele. His first race for public office, a 1998 bid for the Republican nomination for state comptroller, ended nearly $35,000 in debt, much of it to his sister. He was fined twice by state officials for missing deadlines to file campaign finance reports and was in debt and had faced foreclosure in 2001, the year before he was selected as Ehrlich's running mate. The state party threw Steele a financial lifeline, awarding him an unusual $30,000 consulting contract.

Anonymous   February 7th, 2009 8:47 pm ET

I am an Artist...I know everyone hates us !
Until they can gain from our works...however they still hate us ...but love the money ! ! Lokk at what happened to Purvis Young...from Miami Florida ! !

Sweet Pea   February 7th, 2009 8:39 pm ET

This artist is creative, and should be honored for his work and not arrested. How about the police doing some heavy lifting and arresting real criminals.

Steve   February 7th, 2009 8:37 pm ET

adam.peart: "Jon Stewart isn't touching an Obama joke with a ten foot pole"

He's been doing Obama jokes all along. So you're either ignorant or a liar. :D

Leah DiMarco, Texas   February 7th, 2009 8:35 pm ET

The painting was creative and was MUCH MORE than the photo.
The AP's photograph was just a photo.
The artist will win this one in court.
AP doesn't have a chance of winning.

Christopher   February 7th, 2009 8:32 pm ET

LOL What an idiot!

Braden Mailloux   February 7th, 2009 8:24 pm ET

now that this guy is gone they might need new marketing. check out my portfolio.

–bray

Barbara M.   February 7th, 2009 8:23 pm ET

I'd let the guy come do graffiti on my house.

All of the crap going on in Boston–including rapes of college women-and this is what Boston cops contribute, keeping us all a little bit safer.

(And yes, the guy who raped a young friend near BU a year and a half ago–not caught. Nothing heard from the Boston police department.)

The cops might be able to do more than one thing at a time, but it seems that they don't, so grab the low hanging fruit: graffit artist, especially if one can make the national news.

America   February 7th, 2009 8:21 pm ET

I can't believe I just heard Steele on CNN just say that government has never created a job. I guess the military is ran and created by a bunch of elves living in a tree.

adam.peart   February 7th, 2009 8:20 pm ET

Jon Stewart isn't touching an Obama joke with a ten foot pole, as for the prop[aganda] artist...."Hope" he's got a good lawyer.

Nick   February 7th, 2009 8:18 pm ET

When Monkey House rocks, he rocks the D sippers.

S Callahan   February 7th, 2009 8:18 pm ET

The guy is good...CNN should post some of his 'wall and bridge' paintings....... A ture artist.

jdavis617   February 7th, 2009 8:16 pm ET

Good for Boston, the guy stole an AP image... Art.. Not really

Anonymous   February 7th, 2009 8:14 pm ET

Arrested for graffiti? He's graffiti artist for crying out loud. Big story about nothing if you ask me, but I'm sure it will be Fox New's cover story for half a year lol.

JO   February 7th, 2009 8:13 pm ET

This is dedicated to Dave and Gene – a bipartisan salute. I bet his "graffiti" is really great looking. Many places in big cities like to have free lance art work on buildings. Take a walk around parts of DC – some graffiti is really good art work. I would bet his is too!

boone   February 7th, 2009 8:10 pm ET

Dammmmm! My son is guilty of copywright infringe3ment too! He used the photo in a book report!

Anonymous   February 7th, 2009 8:09 pm ET

The artist Sheperd Fairey has always been known for his street art campaigns. That was the whole point of getting him to do work for Obama – it worked, he got a lot of young voters. This isn't the first time he's been arrested either...

Anthony   February 7th, 2009 8:09 pm ET

Shepard Fairey is overrated.

Bipartisan   February 7th, 2009 8:08 pm ET

This is all Bob Barr's fault. Told you he wasn't qualified to run for president.

Sorry, I just had to join in. ;)

carrie   February 7th, 2009 8:06 pm ET

One man {Mannie Garcia} did a photo; One man{Fairey} did a painting. The photo was not "famous" the painting got noticed. The painter should win this one.

JON   February 7th, 2009 8:05 pm ET

just looked at the photo it is a dead on match to his painting ooops I guess he didn't think the poster would be a big hit .

eleanor fitzgerald   February 7th, 2009 8:02 pm ET

Oh for heaven's sake, Farley's poster is more interesting and inspiring than the original photo. If he made money, let him settle with Mannie Garcia. Fair is fair, but this seems an obsessive enforcement of the law. I haven't seen his graffiti. I have seem some displays that are called art and look like graffiti. (As for recent Republican commentary, Obama has been president for just 2 1/2 weeks, and they are on his case already for not yet fixing their mess. Clearly, their objective is to do all in their power to portray him as failng at every opportunity in the hope that if they say it often enough, those who are dumb enough will believe it! So much for working together!)

Melissa in New Orleans   February 7th, 2009 8:02 pm ET

Honestly, they need to just cool it already. So what. Let the man go, he hasn't done anything wrong other than capture a nations attention that the original photo obviously didn't manage to do.

Jeanine   February 7th, 2009 8:01 pm ET

I liked the Andre the Giant work...who doesn't like Andre the Giant.

Dude...he was in The Princess Bride! Come on...Fezzig. Don't these guys watch movies?

Dane   February 7th, 2009 7:58 pm ET

Fairey has a loooong history of plagiarizing other peoples work. He's a hack.

Jon   February 7th, 2009 7:56 pm ET

Except Gene's type of comments actually appear on sites like this. No liberals say what you just said, Dave.

Glenn Carlton   February 7th, 2009 7:56 pm ET

copyright infringement is serious stop stealing. pay the man.

Mary   February 7th, 2009 7:56 pm ET

He did not break any copyright laws by creating a painting of portrait. If he had printed the portrait and then maninpulateded it, then copyright is broken, but if he in fact actually drew it and then painted it that is HIS interpertation of the portrait which is not a copy right violation. Plus, as far as I understand, the photographer did not go thru the steps to get the phone 'officially copyrighted".

Harry   February 7th, 2009 7:56 pm ET

Lol, they arrest him, but not Dick Cheney.

I don't get it.

Sue   February 7th, 2009 7:54 pm ET

I sure didn't vote for Obama however where I live we just had a police officer shot in the head....murder suicide, a stabbing, and countless other real crimes. What a waste of time to lock up this "criminal."

Norm   February 7th, 2009 7:54 pm ET

This is pretty stupid and probably staged...do you think that the cops have more serious outstanding warrants to serve? However, arresting this guy is easy and it makes the news...

Rammie   February 7th, 2009 7:50 pm ET

You seems to know all Obama's fault, you guys should run for the President job, ohh genie ohh dave, dive out of the genie bottle.

Joanna   February 7th, 2009 7:49 pm ET

People can't even sneeze with out it being reported on.

I love porkchops   February 7th, 2009 7:43 pm ET

Doesnt everybody get their 15 minutes?Even dittoheads?

Jonathan H   February 7th, 2009 7:40 pm ET

Boston is backward.

irishny   February 7th, 2009 7:39 pm ET

How many guys connected to Obama are going to get into problems with the law.
It ranges from tax evasion,to dodgy business dealings(richardson),to grafitti.
Next thing,we'lll find out his secretary for the environmrnt is selling drugs to kids! :)

Jane   February 7th, 2009 7:37 pm ET

Guys a loser. Notice how the portrait of Obama actually looks like Fairey. He's just self promoting his self and the Obama supporters bought it. LOL

Tim from Coronado, Ca   February 7th, 2009 7:37 pm ET

For in-depth analysis and perspective on this story and more, tune into the Colbert Report.

Tom Mosser   February 7th, 2009 7:37 pm ET

I love the Fairey iconic depiction of Obama.

But as an artist myself who does a lot of portrait and sports related reproduction work, I have to respect photographers and be very careful not to "duplicate" a photo with a printed piece. The photo that Fairey worked from is a great one. The artist has to be "inspired" by the photo and not necessarily "replicate" it. The photographer is an artist too and should get some credit if that's the case.

That being said, I think Fairey did enough alterations to the basic feel of the photo to be let off the copyright hook here.

The AP should let this one go.

Wolfe   February 7th, 2009 7:36 pm ET

Hopelessly stupid.

blinky   February 7th, 2009 7:35 pm ET

sounds like joe the plumber and levi "palin" – people who probably never envisioned sudden celebrity status now have tons of skeletons to hide.

BOYHOWDY   February 7th, 2009 7:34 pm ET

Stewart will surely make fun of conservatives for trying to get to Obama through this guy. Here's what he'll be able to point out:

1. The use of the AP image was fair use - perfectly legal.

2. The Andre the Giant thing went viral years ago, which means there's no way to prove this guy was the one who drew any particular image. Heck I had a stencil of it when I was on the streets, myself, and so did all my friends.

Andy   February 7th, 2009 7:32 pm ET

Wow, not even Obama's artist can stay out of trouble. Barack man, you is mixin with the wrong crowd boy!!

Han   February 7th, 2009 7:31 pm ET

This is one more chapter from Obama show. What a disgrace.

Rick Sutter   February 7th, 2009 7:30 pm ET

It's Sarah Palin's fault! Just thought I'd get the first left wing nut comment out of the way.

MZ   February 7th, 2009 7:28 pm ET

The artist is a sham. I'm waiting to see how long it will be before this country realizes that this President's " recovery" program is a sham.
Probably around the time that everyone realizes how much change his "Change" will cost.

Steph   February 7th, 2009 7:28 pm ET

No healthcare = taxcut, No job = taxcut, No 401k = taxcut....... Thats the republican way.......

Andre the Giant has a posse   February 7th, 2009 7:27 pm ET

Shepard Fairey has always been a graffiti artist. I, for one, like graffiti. Except when someone spraypaints it on my car. So, I can see why someone like him would get arrested. I bet he will be asking President Obama for a pardon, claiming that he, Shepard Fairey, got Obama into office through his iconic imagery of the President. Everyone knows this is a lie, and Obama Girl is the real one who got Barack Obama elected. Anyway, I can see why Mr. Fairey's lawyer does not return calls on a Saturday. That is the Sabbath! It would be blasphemy against G-d to return calls on Saturday, if it is part of your job representing your client, since it is a day of rest, which means you do not do your job.

tcaudilllg   February 7th, 2009 7:27 pm ET

Oh, now I get it: hope for a purple America. That's why the red and blue hues.

I gotta agree that he needs to share the limelight on this, but it's Mannie Garcia who deserves some of the credit. NOT the AP.

ron   February 7th, 2009 7:26 pm ET

i think his painting is his own work...no different than Andy Warhol...would Campbells soup cue him for copywrite infringement? AP should go back to being reporters

Will From VA   February 7th, 2009 7:25 pm ET

Give the man a break! Afterall his painting and Mannie's photography captured part of history.

Obama 2012!!!

Steph   February 7th, 2009 7:25 pm ET

Sorry for the artist. He's good. Maybe the democratic party can do something about it.

TJS in MN   February 7th, 2009 7:25 pm ET

HA! HA! That too funny!!

Steph   February 7th, 2009 7:23 pm ET

Who would've want more four years with a President McCain. The taxcut President? Dont think so.

FL Granny   February 7th, 2009 7:20 pm ET

My kids used to draw on the sidewalk with colorful chalk. I wonder if I was putting their liberty at risk by allowing this.

Dave   February 7th, 2009 7:17 pm ET

This is all Bush's fault! Told you he wasn't qualified to be president!

Ok…. just thought I'd get the first left wing liberal nutjob comment out of the way

Jake   February 7th, 2009 7:15 pm ET

Fairey should be exempt from graffiti charges. His work is beautiful.

Denise   February 7th, 2009 7:14 pm ET

Aren't there any real criminals to arrest? Good God.

Zach   February 7th, 2009 7:10 pm ET

He has been arrested at least 14 times. He was not arrested for anything to do with his Obama poster. Personally, I don't really care.

Ernie in LA   February 7th, 2009 7:06 pm ET

Obama has a problem dealing with honest people.

BB   February 7th, 2009 7:01 pm ET

For God's sake – fine him and let him go. You all have a man guilty of bilking billions from taxpayers living in his penthouse.

Why are you picking on anyone or anything Obama? It's a shame.

Gene   February 7th, 2009 7:00 pm ET

This is all Obama's fault! Told you he wasn't qualified to be president!

Ok.... just thought I'd get the first right wing conservative nutjob comment out of the way :)

Dumas McGee   February 7th, 2009 6:59 pm ET

ok seriously, how can one NOT make fun of this.

Jon Stewart, here's an easy one for you!

toddparker   February 7th, 2009 6:56 pm ET

should have known better than to stay out of the spotlight...he should know the score with the cops and of course major media is going to get theirs. hope he painted a police building and an AP office.

Ula Nejad Sacramento, Ca   February 7th, 2009 6:55 pm ET

I give up. Vote Faith this time around guys.

jrzshor   February 7th, 2009 6:54 pm ET

those obama handelers need to be more careful. letting obama praise a guy who was charged and/or arrested 14 times should not be glorified.

PS

before you rant back, have you ever tried to remove "graffitti art" from your wall?

Matt   February 7th, 2009 6:53 pm ET

C'mon AP! He makes a great stencil icon and doesn't get paid for it and you want compensation?

He get s money for his appearances and he has benefited from a greater profile, but the art was art, so let it be. Greedy greedy greedy

Ed, Santa Fe, NM   February 7th, 2009 6:53 pm ET

total baloney.... I thought we had ended the Nazi Police State when Bush got kicked out of Washington.....

Steve   February 7th, 2009 6:53 pm ET

Stupid comments by Obama haters in 3...2...1...

J-Syxx   February 7th, 2009 6:51 pm ET

Arresting people for tagging is a not a great use of public resources imo.

KCBob   February 7th, 2009 6:47 pm ET

We have wall street crawling with criminals and they are spending time arresting an Artist? What a waste of time and money.

Annemarie   February 7th, 2009 6:46 pm ET

Holy Batman... get him!! Public criminal number ? Geez, this sounds really pathetic to go after him now. The timing seems petty and like the police have an agenda that we have yet to figure out. Don't they have bigger fish to fry in Boston?!

BJ   February 7th, 2009 6:45 pm ET

Apparently rules don't apply with this guy.

Stu-Florida   February 7th, 2009 6:45 pm ET

CNN.... where do you guys come up with this stuff?????????????

Jeff Spangler, Arlington, VA   February 7th, 2009 6:44 pm ET

Dude better "hope" he doesn't do too much time in stir or else he may "change" his way of getting it on.

obama blues   February 7th, 2009 6:44 pm ET

Forgot to pay his taxes. Honest mistake.

catmom   February 7th, 2009 6:38 pm ET

And this has what to do with President Obama? Nothing more than to give the Obama haters ammunition to to make this a negative for President Obama. The fact that the only relationship this person has to Obama is that he painted a picture means nothing to Obama haters.

marc   February 7th, 2009 6:38 pm ET

We have real crooks and murderers running the street and the city of Boston is waisting tax payers money chasing this man. Way to go BPD.

John G   February 7th, 2009 6:37 pm ET

Not sure why this is in the political ticker but hey whatever right?

Romney2012   February 7th, 2009 6:36 pm ET

He's a liberal....what do you expect? They are disruptive, disrespect and dishonest....and they teach it to our children...it's like a disease......

drew   February 7th, 2009 6:31 pm ET

Doesn't law enforcement in this country have anything better to do - like deal with illegality on Wall Street - than slam the creator of one of the only pure art forms left in society? Although the vandalism case could be argued, Fairey hasn't even collected royalties from his Obama design. So as far as the rest of descent, hard working Americans are concerned, the AP should go back to focusing on being the watch-dog of society, rather than trying to collect corporate profits from primitively accumulated intellectual property. This whole circumstance is absurd.

sk   February 7th, 2009 6:31 pm ET

The guy has talent and is a rookie – he did not hide that he used AP's photo. AP is standing in the way of talent – if he had malicious intent – he should be prosecuted – or AP could simply just applaud the artist and help him achieve greatness – petty objections from AP.

JPM   February 7th, 2009 6:30 pm ET

leave artists alone!!!!! man, we are struggling enough as it is. Just cause the man gave Obama some fame...he didn't make any money of his art, he donated it.

Why   February 7th, 2009 6:25 pm ET

Uncle Joe Stalin would love his work.

Natasha   February 7th, 2009 6:24 pm ET

Why is this important? someone please tell me!

Simmy   February 7th, 2009 6:23 pm ET

When you present yourself to the public, you had better be clean. I wouldn't be surprised if the AP didn't send their PI to check for dirt under his rug. I hope they don't get any of this money.

Joe   February 7th, 2009 6:22 pm ET

But he's a democrat and democrats should be able to break the law, just like they shouldn't have to work or put forth any effort. They need the big old government to baby sit them at all times.

Bob from Portland   February 7th, 2009 6:21 pm ET

I guess the Boston cops ran out of useful things to do.

James   February 7th, 2009 6:21 pm ET

Being arrested, fines, etc. are all just part of Mr. Fairey's cost of doing business. If nothing else, it just made him front page news.

Amanda   February 7th, 2009 6:20 pm ET

He is a genial artist. He should be rewarded not arrested. Shame !

vick   February 7th, 2009 6:18 pm ET

ya there are killers out there killing people this guys are after artists

Corbett   February 7th, 2009 6:15 pm ET

This man is NOT a good role model. But he IS a good rock star.

Carol   February 7th, 2009 6:13 pm ET

Wow!! someone finally got arrested for "graffiti"- give me a break.

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