New Twist in Obama HOPE Image Legal Kerfuffle

Just when you thought the whole Fairey v. The Associated Press mess couldn't get any more convoluted, Bloomberg reports that photographer Mannie Garcia is seeking to wade into the fray for a three-way. Why? Garcia shot the image that Shepard Fairey turned into the HOPE graphic, and Garcia says that the AP has no legal basis for claiming copyright infringement. Again, why? Garcia asserts that he was not employed by AP when he shot the original image.

So, if (read: IF) I have this straight:

• Shepard Fairey appropriated the original image.
• He turned it into a campaign poster.
• He allegedly didn't profit from the copies, nor has he enforced copyright on his creation.
• The AP, uninterested until being tipped off by a blogger, decided that, hey, it had rights to the original image and probably would enforce copyright infringement.
• The AP made noises about Fairey needing to pony up some licensing cash.
• Fairey preemptively filed a Fair Use-based, "Oh, no, you don't" lawsuit against the AP.
• The AP filed a counterclaim.
• The Fairey team filed an answer to the AP's counterclaim.
• So on, so forth, yadda, vs. yadda, vs. yadda.
• Cyberspace is full of heated opinions about the saga although, apparently, most people (self included) aren't clear on how the four statutory Fair Use factors in US copyright law will apply in this case.
• Meanwhile, the lawsuits are grinding along at glacial speed as lawsuits are wont to do, but now:
• Mannie Garcia is convinced that neither Fairey nor the AP have a copyrights leg to stand on because they're haggling over his photograph, and he wants a voice in these proceedings.

Now, I may have missed some crucial nuance in my simplistic timeline, but will say that Mannie Garcia's story smacks of doubly-injured party truthfulness. And, in a total no-brainer move, I predict the ultimate "winner" here will be a law firm. Or law firms. Probably the latter. Still, though. Wow! Is anyone else getting a mental visual of Larry, Moe and Curly each grabbing the next Stooge by his left ear/nose and twirling in a bawling circle?