Does Hope Leave a Photographer Hanging?

Shepard Fairey and the AP have settled their differences regarding Fairey’s famous Obama poster. Sounds like they are going into business together:

“The two sides have also agreed to work together going forward with the Hope image and share the rights to make the posters and merchandise bearing the Hope image and to collaborate on a series of images that Fairey will create based on AP photographs. The parties have agreed to additional financial terms that will remain confidential.”

The question is – where does this leave the photographer, Manny Garcia? He has contended that he was not on AP’s staff when the image was taken, AP says he was.

My blog post from October, 2009: After the Fairey Dust Settles.