Found: The Photograph That Inspired Obama Nation

A mystery has been solved.

The image that has come to define Barack Obama’s remarkable campaign–a lithograph created by the artist Shepard Fairey showing the president gazing up into the middle distance–has been traced to its origins, a photograph taken in April of 2006, when Obama appeared at the National Press Club with the actor George Clooney to discuss the genocide in Darfur.

The photographer who took the shot, a former Associated Press freelancer named Mannie Garcia, only found out he was the source of the photograph on Inauguration night, when he got an email from a Philadelphia Inquirer photographer who has been trying to track down the source of the image. Earlier, the image had been mistakenly credited to a different photograph taken by a Reuters.

Garcia, who now works at the White House for Bloomberg, says he  hopes to get in touch with Fairey so he can talk over the image that has exploded into a pop culture icon. “Photographers are always getting ripped off,” said Garcia, who quickly added that he was not angry or seeking money from the artist who appropriated his image. “You see it everywhere. You see it on everything.”

“I’d like to talk to Fairey,” Garcia continued. “As gentlemen we can work this out. . . . I don’t want it to get ugly.”

The discovery adds another wrinkle to the remarkable story of the Fairey image, which has been reproduced in posters, stickers, and t-shirts, and even on the cover of TIME magazine and in a fold-out poster distributed to TIME readers. [CORRECTION: The TIME magazine image was a Fairey creation based on another image, taken by Time contract photographer Brooks Kraft.] Fairey is a guerrilla artist, who first became famous for his graffiti-like installations on city streets of images of the late wrestler and actor, Andre The Giant. He created the official poster for Obama’s inuagural celebration using the same image Garcia made in 2006, at a routine Washington press conference.

Related Topics: Uncategorized
  • Latest on Swampland

    Pete Souza / The White House via Getty Images

    Political Picures of the Week, May 18-25

    TIME’s photo editors bring you the best pictures of the past week from the Beltway and beyond.

    Obama Administration Blocks Global Health Fund To Fight Disease In Developing NationsHuffPost Politics

    From left: AP; ABACAUSA

    The Phony War: Obama and Romney Are Debating Character, Not Policy

    More than five months from Election Day, the back-and-forth about Mitt Romney’s record at Bain already feels played out. Unfortunately, there’s good reason to expect the campaign continues in this vein indefinitely. Neither Barack Obama nor Mitt Romney are terribly interested in dwelling on policy platforms. Romney’s plan to slash spending and keep taxes low on the wealthy isn’t especially popular, at least not at any level of detail beyond a blithe promise to shrink the deficit. Meanwhile, Obama’s signature first-term achievements, like health care, the stimulus and Wall Street reform, are all unpopular or tricky to sell. (The Dodd-Frank bill is the most popular of these, but hyping it means offending wealthy donors.) So what we’re getting instead is a superficial duel about character–and, worse, one that’s based on the largely false premise that the better man can better “manage” the economy back to health.

  • fourlegsgood

    That’s interesting – I notice that there’s no copyright on the IPTC info on the original – though I imagine that AP would hold the copyright (if anyone).
    .

  • ivb3016

    Very interesting, thanks MS

  • gysgt213

    “for Obama’s inuagural celebration”
    .
    “inuagural” is this another word dumb gunny doesn’t know?

  • FlownOver

    Garcia’s entitled to copyright on his original photo, but I suspect Fairey’s transformation of the image into another medium is sufficient to resolve the matter of credit.
    .
    Also, I forget the Latin for “if you snooze, you lose,” but Garcia’s pretty tardy raising any claim now.

  • chester9000

    “Photographers are always getting ripped off,” said Garcia, who quickly added that he was not angry or seeking money from the artist who appropriated his image. “You see it everywhere. You see it on everything.”
    .
    “I’d like to talk to Fairey,” Garcia continued. “I really don’t want lawyers involved. I don’t want it to get ugly.”

    .
    Let’s see, in six sentences he manages to mention: (1) his photographer martyr complex, (2) widespread distribution of the poster, (3) just wants to “talk” to the artist, (4) potential exists to avoid legal entanglements, but (5) still might still get ugly.
    .
    Yup, no hint of a threat here! This guy is definitely not looking for money. It is totally plausible that he just wants to “talk.”

  • Andy from MA

    MS — I thought it was Obamas speech at the 2004 convention that inspired me. I think the only photograph that might have inspired me was Miss January of 1971.

  • michaelscherer

    Mannie just told me he was concerned that the sentence “I don’t want lawyers involved” sounded as if he was litigious, which he assures me he is not. (In legal speak, as we all know, you often say the opposite of what you mean.) He asked me to use a different quote, which i have substituted. “As gentlemen we can work this out.” The change has been made to the post above.

  • FlownOver

    Andy –
    Liv Lindeland in 2016! She’s gotta be at least as qualified as Palin!

  • Dee in Columbia MD

    Andy you are batting a thousand today — I know my inspsiration was the 2004 sppech I can’t imagine what MS is talking about. Of course, it may just be part of a plot to try to get us to stop dwelling on our idealism and focus on the money grubbing reality of our world.

  • chester9000

    Wow, photographers being interviewed by blogs get to go back and change what they say if they decide it makes them sound bad? Wish I had that luxury at my job. New media, what a country!

  • michaelscherer

    chester9000, he doesn’t have the power to change whatever he wants. But I agreed with him that when you are talking about lawyers, saying that you don’t want them involved can be read as a threat, and I did not want to leave that impression. Nothing about my discussions with the photographer suggested that he was threatening to use lawyers. So the change to the quote was my doing.

  • wbrain

    Fairey was on Colbert last week and during the interview he indicated he had not made any money off of the original.

    .cc_box a:hover .cc_home{background:url(‘http://www.comedycentral.com/comedycentral/video/assets/syndicated-logo-over.png’)

    so good luck, Mannie! And yes, the copyright belongs to AP, not the photographer.

  • wbrain
  • davemc321

    Oh my goodness. Liv certainly has my vote. Though by 2019, she’ll be approaching age 73. Not that there’s anything wrong with that. So will I.

  • meighanstone

    This is a great little bit of news– I worked at that event and think it’s wonderful that an image that has received so much attention came from a press conference where then-Senator Obama was calling attention to an humanitarian crisis in Africa. Let’s hope he continues to lead on addressing what’s happening in Darfur as President.

  • Dee in Columbia MD

    @MS– “Nothing about my discussions with the photographer suggested that he was threatening to use lawyers. So the change to the quote was my doing.”
    .
    Okay so why don’t you find this problematic? I know this is a blog but are you implying that because it’s a blog you are exempt from all journalistic standards. Frankly, MS if your posts are going to waste my time by providing inaccurate info I’d just as soon skip it.
    .
    You should have decided on the right quote before you posted and you should have checked your facts as well. Hell how often does someone here correct your spelling.

  • dunedweller

    Seems strange the photographer never recognized his own image as it was EVERYWHERE. Also, if Ferry hand drew, or even hand traced the photo (rather than scanning it and posterizing it in Photoshop), it would be considered an “artist interpretation” of an image. How Ferry cropped and colored the image are elements that further remove it from the original photo, and into the interpretation realm. As they say, if Wharhol was working in today’s world he’d be getting sued up the wazoo!

  • dunedweller

    Oops Warhol – sorry Andy.

  • kathy

    As with Flownover and dunedweller, I think it’s unlikely the photographer has any legal – or moral – case for compensation for the use of his photograph as the basis of the artwork. If he in fact did not recognize it as his own image, then it was altered beyond the point where he could claim it as his own. The artwork was not an altered photograph, rather he artwork used a photographer’s vantage point as a taking off point for an interpretion of Barack’s face.
    .
    On the other hand, if someone other than Fairey had made the Time cover, even using his/her own photograph, they might be legally held to infringe Fairey’s copyright because Fairey’s image is indeed “iconic” now, and recognizable as such.

  • kathy

    Speaking of images, this link of hundreds of front pages of the inauguration is terrific (by way of Sullivan). Images can be saved by clicking on image to enlarge, and then right-clicking.

    http://c6.going.com/obama/inauguration_headlines.html

  • fourlegsgood

    dunedweller, not really.
    .
    An AP photographer takes 1000s of pics a year. Can’t remember all of them.

  • smillerpj

    Ignorance is bliss with some people. And no I do not mean with Mannie Garcia.

    Ignorance comes in the fact that people rip off photos every day from the web and think nothing of it. Unfortunately, photographers don’t have an organized industry to stand behind them nor stand up for them like musicians do — ask Metallica about Napster. Either way, it is still illegal.

    Before you guys open you mouths and start screaming you can take it from the web, read the US Copyright law, no you can’t in most cases. Also look through an interesting read from the American Society of Portrait Artists warning it’s members of doing just what this guy did when he created the poster:

    http://www.asopa.com/publications/2000winter/law.htm

    And to those who are surprised by Mannie not recognizing photos, Fourlegsgood is correct. Personally I shot close to 200,000 images last year and I am sure Mannie did as well. So remembering every frame is hard to do. Especially one that was shot in 2006 — TWO YEARS before the poster artist RIPPED it off the web.

  • sqr1

    Ha! An unauthorized derivative work! Study up, young law students. I predict this one will be on IP law final exams coast to coast this spring.
    .
    Query: Did the Time cover also infringe on Fairey’s copyright? Defenses? If so, can Garcia be held vicariously liable for Time’s infringement? If the photo was not registered with the Copyright Office, what are the damages? If the photo was registered with the Copyright Office, what are the damages?

  • smillerpj

    SQR1

    Already stated by Michael the TIME cover wasn’t Mannie’s image that was ripped off by Fairley, it was a TIME contractor.

    Also, how could Mannie be liable when he was the one whose image was stolen ??

  • dunedweller

    fourlegsgood: Good point. I guess I just assumed that since the Shepard Fairey (I might get sued for misspelling names!) poster was so powerful and so widely distributed, any photographer who had been shooting Obama might be curious enough to check their images (I would). But as an artist, my comments on “artist interpretation” are in no way meant to say copyright infringement is okay. My point was that the more artistic gestures that stand between the 2 pieces, the harder it is to prove.
    .
    smillerpj: Great link – thanks. The story about the wood sculpture did surprise me. Fortunately they kept the artists notes about blatently copying the original. Also, now I’m curious if there’s a legality difference in the reproduction of a photo taken at public event with multiple photogs vs. that of a private shoot, like say Annie Lebowitz?
    .
    sqr1: Fairey did the Time cover, but he worked from a different photo – they were thinking ahead!

  • http://lookingaround.blogs.time.com/2009/01/22/the-underlying-picture/ Looking Around – TIME.com » Blog Archive The Underlying Picture «

    [...] my TIME colleague Michael Scherer noted yesterday over at Swampland, we now know what photograph served as the source of Shepherd Fairey’s ubiquitous [...]

  • http://swampland.blogs.time.com/2009/02/05/more-obama-image-drama/ More Obama Image Drama :: Swampland – TIME.com

    [...] | Comments (0) | Permalink | Trackbacks (0) | Email This On January 21, I wrote about the discovery of the photograph that led to the now-ubiquitous Shepard Fairey “Hope” image of Obama, gazing up and out into the [...]

blog comments powered by Disqus