Judge Orders Artist and His Lawyers to Disclose Deleted Files and the Persons Responsible
A federal judge has ordered artist Shepard Fairey and his new lawyers in a copyright suit to disclose records that were destroyed, when it happened, and the persons responsible.
U.S. District Judge Alvin Hellerstein ordered the disclosure on Monday in a copyright dispute over Fairey’s right to use an Associated Press photo for his famous Hope poster of Barack Obama, the Associated Press reports.
Fairey switched lawyers in the case last November after his then-counsel said in a court document (PDF) that the artist had deleted electronic files to cover up a mistake about which photo he had used. The document, a motion for new counsel, said the events presented a potential for conflict of interest between Fairey and his then-lawyers.
Fairey is under criminal investigation in connection with the disclosure, according to court filings.
Fairey’s former legal team was headed by Anthony Falzone of the Fair Use Project at Stanford University. His new lawyers include Geoffrey Stewart of Jones Day and William Fisher III of Harvard University’s Berkman Center for Internet and Society.
On Monday, Hellerstein ordered Fairey and his companies to disclose how computer files were searched for relevant legal records, according to the AP story.
“The details of the search, and of what was searched, are relevant to the claims and defenses of this lawsuit, particularly in light of the destruction of documents that occurred in this case,” Hellerstein wrote (PDF). “If present counsel cannot respond to the interrogatory, the details can be provided by affidavits of those who supervised and who conducted the searches.”
“Plaintiffs shall disclose the identities of those who performed these acts, of those who commanded and supervised these acts, and of those who were told of these acts,” Hellerstein said.
Fairey filed suit last year seeking a declaratory judgment that his use of an AP photo was protected by fair use. AP countersued for copyright infringement.
