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Saturday, February 27th, 2010

Big Week for Fairey Amidst Growing Controversy


Art of Elysium’s 2010 Heaven Gala (Image via Art of Elysium)

It wouldn’t be a week without some sort of news from the Shepard Fairey camp, and this one is jam packed.

Fairey was named Visionary of the Year and lent design and decoration to children’s charity The Art of Elysium’s 2010 Annual Heaven Gala (pictured above). Fairey is participating in their annual benefit auction, and has donated several items to the fundraising event. The most exciting lot is a personal portrait sitting with the artist.  The winning bidder will be entitled to a visit with Fairey for a photo shoot, which the artist will use to create a one of a kind 30″ X 44″ mixed media canvas. The prize is valued at $30-$40,000 for the in person sitting and final artwork (or $20-$30,000 if photos are sent). Other lots include unique 40″ x 60″ canvas depicting his Burmese Monk image, estimated at $20,000, and a rather quirky one of a kind collaged 7 foot lamp, valued at $7,500 (both pictured below).  Both the portrait sitting and Burmese Monk can be bid on live via CharityBuzz until March 4, 12pm EST. If interested in the lamp, download an absentee bid form here

The opening of the third and final stop of his museum retrospective, Supply and Demand, set record attendance numbers at the Cincinatti Contemporary Arts Center this past week. Naturally, while in town, Fairey and crew were also out making their mark on the streets. (Lots more photos of the exhibition preparation, opening celebration, and outdoor campaign at the end of this post.)


(All museum and street images via Obey Clothing)

Next, Fairey’s design firm, Studio Number One, has lent their hand to titling sequences for the new Basquiat feature film, which can be seen in the trailer below.

Finally, the controversy over Fairey’s Obama portrait continues. The artist is now the subject of a federal grand jury criminal probe. Authorities are investigating whether Fairey violated federal laws prohibiting evidence tampering and perjury in connection to his copyright battle with the Associated Press. In October the artist released a public statement admitting, “in an attempt to conceal my mistake I submitted false images and deleted other images.”  As noted by Copyrights and Campaigns, the criminal investigation hinges on whether or not Fairey (along with his wife) violated 18 U.S.C. §§ 1512(c)and 1621. Section 1512 makes it a crime to “alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding,” while section 1621 declares that any person who “willfully subscribes as true any material matter which he does not believe to be true…is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both.”

Fairey has filed an injunction hoping to postpone the civil suit with AP. The injunction argues

“Plaintiffs submit that there is a compelling case for postponement. Mr. Fairey is now the subject of a criminal investigation…It appears that the AP is, at minimum, encouraging and supporting that criminal investigation. Mr. Fairey’s criminal defense counsel believes that a deposition at this time would prejudice him and impair council’s ability to properly represent Mr. Fairey. Therefor, if a deposition does take place while the criminal investigation is pending, counsel would advise Mr. Fairey to invoke his Fifth Amendment right against self-incrimination.”

While we here at TAC have supported Shepard’s fair use claims in creating his Obama portrait (which now sits in the National Portrait Gallery), we will wait for the facts to further develop before weighing in on the separate criminal investigation, and confine our comments to reporting the findings as they emerge.

Read on for more pictures from Cincinnati opening night and installation


(All museum and street images via Obey Clothing, auction images via Art of Elysium)


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