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[Robert K S]

googling shepard fairey is moot, it does nothing to illustrate a courts opinion or ruling on such matters since the case was settled outside of court.

The fact that Fairey settled seems a pretty good indicator to me his representation understood he was not in a good position to win outright.  The facts of that case were not in Fairey's favor.

[Smokin]

The fact that Fairey settled seems a pretty good indicator to me his representation understood he was not in a good position to win outright.  The facts of that case were not in Fairey's favor.

That's not a good indicator at all. The cost of litigation and time and effort is sometimes enough of an incentive to settle regardless of what type of lawsuit it is. The facts of this case were, IMHO, in Fairey's favor, however his actions and deception after the fact tainted a legitimate defense / fair use argument. Fact is we will never know because a judge wasn't asked to render a ruling. Frankly I'm disappointed that the case didn't go forward. Fairey is a douche.

[GordonPatersonArts]

I came up with a soulution to use "royalty free" images and my own creativity. It has been most interesting reading all the comments on this issue.

[Smokin]

I came up with a soulution to use "royalty free" images and my own creativity.

FYI, really REALLY read the fine rint on royalty free stock photo services, oddly enough, alot of times royalty free just isn't.

[GordonPatersonArts]

Thanks Smokin! I'm not using any faces in the mural now. I've had to completely redesign the mural because of this forum and the information you guys gave me...it has been most helpful. I will actually be starting the mural tonight and will be posting my progress at gordonpatersonarts.com. Please look it up and see how this thing turns out.
Thanks!