WBEZ | Legal http://www.wbez.org/tags/legal Latest from WBEZ Chicago Public Radio en Fanny dumps her man http://www.wbez.org/blogs/john-r-schmidt/2012-09/fanny-dumps-her-man-102260 <p><p>It was over. Fanny Brice was in Chicago, and she was divorcing Nicky Arnstein. The date was September 13, 1927 &mdash; 85 years ago today.</p><p>Brice was the beloved musical comedy star of Broadway&rsquo;s Ziegfeld Follies. Arnstein was a charming, 6&rsquo;6&Prime; gambler and con man. The unlikely couple had married in 1918.</p><div class="image-insert-image "><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/09-13--Fanny%20Brice.jpg" style="float: left; " title="Fanny Brice in Chicago, 1927 (Library of Congress/Chicago Daily News)" /></div><p>Then Nicky had gone to prison for a stock swindle. During the years her husband was a guest of the government, Fanny closed her shows singing a ballad about a woman who knows she loves a louse, but still won&rsquo;t get rid of him. The song was titled &ldquo;My Man.&rdquo;</p><p>Things had gone bad after Nicky was released. Fanny became suspicious and had him followed when he made a trip to Chicago. The detective confirmed it &mdash; Nicky was having an affair.</p><p>So now Fanny was in the courtroom of Judge Otto Kerner, Sr. She said her marriage had started to fall apart when she got plastic surgery to straighten her nose. Nicky didn&rsquo;t like the change.</p><p>Freudian pop-psychology was being used to explain everything in 1927. Fanny&rsquo;s lawyer told the judge that Nicky had first become attracted to Fanny because she resembled his mother. After Fanny had her nose job, Nicky&rsquo;s lost interest in her. Nicky had something called an Oedipus Complex.</p><p>Fanny was asked why she wanted a divorce now, after she had stood by her man all the years he was in prison. &ldquo;I don&rsquo;t like to talk about it much,&rdquo; she said. &ldquo;But I&rsquo;m doing this for both of us. I&rsquo;m really giving him a chance to come back.&rdquo;</p><div class="image-insert-image "><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/09-13--nicky%20arnstein.jpg" style="float: right; " title="Nicky Arnstein (author's collection)" /></div><p>As for alimony, Fanny said she was earning enough money to support their two small children. The judge asked if she might have trouble getting future work. &ldquo;Who can tell?&rdquo; she laughed. &ldquo;The fickle public!&rdquo;</p><p>Nicky did not appear in court. After being served papers in a North Side restaurant, he issued a statement saying he would not contest the divorce. He still loved Fanny and would not stand in her way. Nicky then left town, for parts unknown.</p><p>Judge Kerner granted the divorce and the marriage was officially over.</p><p>Fanny Brice resumed her Broadway career and later became a successful radio comedian. She died in 1951. Nicky Arnstein outlived her by 14 years, and managed to stay out of further trouble.</p><p><em>Funny Girl</em>, a 1964 musical based on the story of Fanny and Nicky, made 21-year-old Barbra Streisand an overnight star. It was later made into a movie.</p></p> Thu, 13 Sep 2012 05:00:00 -0500 http://www.wbez.org/blogs/john-r-schmidt/2012-09/fanny-dumps-her-man-102260 Graduates sue local law schools over job data http://www.wbez.org/episode-segments/2012-02-06/graduates-sue-local-law-schools-over-job-data-96136 <img typeof="foaf:Image" src="http://llnw.wbez.org//segment/photo/2012-February/2012-02-06/law library crowded.jpg" alt="" /><p><p>How many consumer decisions are made based on a pitch, a testimonial or a company claim? Law schools use post-graduate employment numbers to attract students--and those statistics have gotten some schools in trouble. Chicago's John Marshall Law School is among more than a dozen facing class action lawsuits claiming they used inflated job numbers to get more people to enroll.</p><p>Staci Zaretsky, an editor of the popular legal blog, "<a href="http://abovethelaw.com/" target="_blank">Above the Law</a>," helped <em>Eight Forty-Eight</em> examine the state of the legal profession. Zaretsky graduated from law school in 2010 and struggled to find a job in her field. Listeners shared their perspectives and experiences too.</p></p> Mon, 06 Feb 2012 15:59:00 -0600 http://www.wbez.org/episode-segments/2012-02-06/graduates-sue-local-law-schools-over-job-data-96136 The human comedy http://www.wbez.org/blog/john-r-schmidt/2011-09-16/human-comedy-91252 <img typeof="foaf:Image" src="http://llnw.wbez.org//blog/photo/2011-September/2011-09-16/Chicago 1946_Schmidt.jpg" alt="" /><p><p>The Great Depression was a grim time. Yet even then, people needed to laugh. In September 1936, Chicagoans were chuckling over two stories. Both of them were somewhat risque--at least by 1936 standards.</p><p>The first tale begins with Hazel LaBreck, a 27-year-old singer from Wisconsin, traveling to Chicago for a concert audition. On the bus she became acquainted with an older man named Mr. Larue. Larue told the young lady he was a movie agent, and that he might be able to get her a job in Hollywood. But first she had to demonstrate she had a shapely figure.</p><p style="text-align: center;"><img alt="" src="http://llnw.wbez.org/blog/insert-image/2011-August/2011-08-30/09-16--Chicago 1946.jpg" style="width: 490px; height: 349px;" title=""></p><p>LaBreck might have been from farm country, but she was no hick. Once off the bus she called police. Now joined by two detectives, the young woman went to the Morrison Hotel, where she had arranged to meet Larue in his room. The cops waited outside.</p><p>When the young lady arrived, Larue produced copies of official-looking studio contracts and a silhouette chart. Then, taking out a tape measure, he told her to get undressed.</p><p>With that, Hazel LaBreck gave a signal, and the detectives burst in. Larue quickly confessed that he was not a Hollywood agent, but a clothing salesman. He also gave the cops his right name--which wasn't Larue. As he was being led away to the police station, he explained: "Something snapped in my brain when I saw this girl on the bus, that's all."</p><p>The second story involves a movie that Stephen Holish had shot at an Indiana nudist camp. The Eastman Company had refused to develop the film, claiming it was obscene. In response, Holish filed suit against the company in Small Claims Court.</p><p>Judge Samuel Trude heard the case. With attorneys for both sides in agreement, the judge decided to view the film. The courtroom lights were dimmed, and <em>Wonders of the Human Anatomy</em> was screened.</p><p>When the lights came back on, Holish's attorney argued that the film was "just as good and clean as movies of any Sunday school picnic--except that the people haven't got any clothes on." This film was not obscene, because the "leer of the sensual" was absent.</p><p>Judge Trude disagreed. He declared the film indecent, and ruled that Eastman could destroy it.</p><p>I wonder if Holish hired Mr. Larue to direct his next film?</p></p> Fri, 16 Sep 2011 12:15:00 -0500 http://www.wbez.org/blog/john-r-schmidt/2011-09-16/human-comedy-91252 Kentucky, Tennessee Give Justice Dept. Execution Drugs http://www.wbez.org/story/around-nation/2011-04-01/kentucky-tennessee-give-justice-dept-execution-drugs-84622 <p><p>Kentucky and Tennessee have reportedly become the second and third states to turn over their supplies of an increasingly rare lethal-injection drug to the Justice Department.</p><p>The drug, sodium thiopental, is one of three drugs that most states that enforce capital punishment use in their lethal injections. But when a company in Illinois stopped making the strong sedative, supplies ran short — and federal officials believe some states may have gone outside the law to acquire it.</p><p>The shortage has forced many states to put executions on hold; some are switching to a new drug, pentobarbital.</p><p>In a report for Newscast, Kathy Lohr says the events in Kentucky may be linked to an <a href="http://www.npr.org/2011/03/17/134604308/dea-georgia-may-have-broken-law-by-importing-lethal-injection-drug">earlier investigation of sodium thiopental in Georgia</a>:</p><p></p><p><blockquote></p><p>In March, the DEA seized Georgia's supply after lawyers raised questions about whether officials broke the law when they imported it from England.</p><p>Now Kentucky officials — who bought some of Georgia's drugs — say they've handed over their supply to federal officials.</p><p>Spokeswoman for the Kentucky Justice and Public Safety Cabinet Jennifer Brislin says state officials are cooperating with the DEA and that the drug is being used as evidence in another jurisdiction. She would not say where.</p><p></blockquote></p><p>The AP says it has obtained records related to how states are acquiring sodium thiopental. Citing those documents, the AP says that "Tennessee officials purchased the drug from an overseas supplier last year. Kentucky bought 18 grams of sodium thiopental in February from a Georgia company at a cost of $1,616.83."</p><p>The news agency says it has reviewed records showing that at least four other states — Arizona, Arkansas, California, and Nebraska — have also followed Georgia's example and obtained the drug overseas. Copyright 2011 National Public Radio. To see more, visit <a href="http://www.npr.org/">http://www.npr.org/</a>.<img src="http://metrics.npr.org/b/ss/nprapidev/5/1301690238?&gn=Kentucky%2C+Tennessee+Give+Justice+Dept.+Execution+Drugs&ev=event2&ch=103943429&h1=capital+punishment,News+iPad,Government,Illegal+Drugs,Legal,The+Two-Way,Around+the+Nation,U.S.,Home+Page+Top+Stories,News&c3=D%3Dgn&v3=D%3Dgn&c4=135046554&c19=20110401&v19=D%3Dc19&c20=1&v20=D%3Dc20&c31=132104660,128010892,127842497,127603218,103943429&v31=D%3Dc31&c45=MDA0OTc2MjAwMDEyNjk0NDE4OTI2NmUwNQ001"/></p></p> Fri, 01 Apr 2011 14:58:00 -0500 http://www.wbez.org/story/around-nation/2011-04-01/kentucky-tennessee-give-justice-dept-execution-drugs-84622 Canada's Serial Drunk Driver Taken Off Road For 8 Years http://www.wbez.org/story/drunk-driving/2011-04-01/canadas-serial-drunk-driver-taken-road-8-years-84619 <p><p>A Canadian court has upheld an 8.5-year prison sentence for a man who has repeatedly been convicted for driving while intoxicated. Terry Naugle, 53, had appealed the sentence in Nova Scotia's highest court on the grounds that it was too harsh.</p><p>Not including the current case, Naugle has been convicted 22 times for drunken driving; taken together, his convictions total 68, <a href="http://www.cbc.ca/news/canada/nova-scotia/story/2011/04/01/ns-naugle-appeal-rejected.html">according to the CBC</a>. And somehow, none of his drunk-driving episodes resulted in any injuries, according to reports.</p><p>Here's more from the CBC:</p><p><blockquote></p><p>His last conviction was for a crash on March 28, 2009. Naugle sideswiped an SUV parked near an off-ramp on Highway 102, near Enfield. No one was hurt, but the family in the SUV said it was a terrifying experience.</p><p></blockquote></p><p>Naugle left the scent of that accident — and what happened next is best recounted by <a href="http://thechronicleherald.ca/Front/9020418.html">The Chronicle Herald</a>:</p><p><blockquote></p><p>Julia McMillan and her daughter Jill were inside the vehicle, which had run out of gas. Julia McMillan's husband, David, had gone to get a can of gas at the Irving Big Stop and was on his way back when Naugle's car sideswiped the SUV.<br /> <br /> David McMillan made sure his wife and daughter were uninjured, poured the gas into the tank and took off after Naugle's car. Naugle pulled into the Big Stop parking lot and ran away, but was caught by RCMP officers who'd been eating at the Big Stop.<br /> <br /> Naugle was staggering, had bloodshot eyes and slurred speech, Beveridge wrote.</p><p></blockquote></p><p>The "Beveridge" in this case is Justice Duncan Beveridge, one of three judges who heard Naugle's appeal, who wrote that the serial drunk driver showed "a complete disregard for accepted norms of behavior."</p><p>In his most recent case, Naugle had pleaded guilty to impaired driving and leaving the scene of an accident. But his defense attorneys were seeking a sentence of three years and nine months for their client.</p><p>As part of his punishment, Naugle received a lifetime driving ban. Copyright 2011 National Public Radio. To see more, visit <a href="http://www.npr.org/">http://www.npr.org/</a>.<img src="http://metrics.npr.org/b/ss/nprapidev/5/1301686337?&gn=Canada%27s+Serial+Drunk+Driver+Taken+Off+Road+For+8+Years&ev=event2&ch=103943429&h1=drunk+driving,Legal,Foreign+News,The+Two-Way,World,Home+Page+Top+Stories,News&c3=D%3Dgn&v3=D%3Dgn&c4=135045590&c19=20110401&v19=D%3Dc19&c20=1&v20=D%3Dc20&c31=133992040,127603218,127602464,103943429&v31=D%3Dc31&c45=MDA0OTc2MjAwMDEyNjk0NDE4OTI2NmUwNQ001"/></p></p> Fri, 01 Apr 2011 14:24:00 -0500 http://www.wbez.org/story/drunk-driving/2011-04-01/canadas-serial-drunk-driver-taken-road-8-years-84619 Miami Police Shootings Increase Tension http://www.wbez.org/story/around-nation/2011-03-28/miami-police-shootings-increase-tension-84366 <p><p>Seven African American men have been shot and killed by Miami police since last July and the deaths have heightened anger in the city. Two of the men were apparently not carrying weapons when they were killed. Some African Americans blame Miami Police Chief Miguel Esposito and his police department for an overly aggressive response to crime.</p><p>NPR's <em>T<a href="http://www.npr.org/programs/tell-me-more/">ell Me More</a></em> interviewed Chief Esposito today, who says despite the shootings, the greater Miami community supports him. He was immediately followed on the program by Rep. Frederica Wilson (D-Fla.) who vehemently disagreed, saying anger in Miami's African American community is so high that she's had to attend community meetings and plead with residents to remain calm. Wilson has asked the Justice Dept. to look into the police shootings.</p><p><em>Miami Herald</em> reporter Charles Rabin tells NPR <a href="http://www.miamiherald.com/2011/03/25/2133454/miami-mayor-gives-state-of-city.html">there's more brewing underneath the surface</a>: Miami Mayor Tomas Regalado initially supported Chief Esposito when the first shootings occurred last summer. But as the community got more upset over the deaths, Mayor Regalado backed away from Esposito, and now wants him to leave. Esposito says he's not stepping down.</p><p>Meanwhile, a civilian commission wants to review police documents on the first police shooting last July. DeCarlos Moore was shot and killed by a police officer during a traffic stop after he ignored an officer's order and returned to his car. He had no weapon. Police Chief Esposito refused the commission's request because both police and the Florida state attorney's office are still investigating. Now the Miami Civilian Investigative Panel may go to court to try to force the department to release information. Copyright 2011 National Public Radio. To see more, visit <a href="http://www.npr.org/">http://www.npr.org/</a>.<img src="http://metrics.npr.org/b/ss/nprapidev/5/1301332630?&gn=Miami+Police+Shootings+Increase+Tension&ev=event2&ch=103943429&h1=Miami+police+shootings,Legal,National+News,Crime,The+Two-Way,Around+the+Nation,U.S.,Home+Page+Top+Stories,News&c3=D%3Dgn&v3=D%3Dgn&c4=134925720&c7=1091&v7=D%3Dc7&c18=1091&v18=D%3Dc18&c19=20110328&v19=D%3Dc19&c20=1&v20=D%3Dc20&c31=134925858,127603218,127602855,127602446,103943429&v31=D%3Dc31&c45=MDA0OTc2MjAwMDEyNjk0NDE4OTI2NmUwNQ001"/></p></p> Mon, 28 Mar 2011 11:54:00 -0500 http://www.wbez.org/story/around-nation/2011-03-28/miami-police-shootings-increase-tension-84366 Jury Indicts 14 On Piracy Charges, Americans' Death http://www.wbez.org/story/home-page-top-stories/2011-03-10/jury-indicts-14-piracy-charges-americans-death-83511 <p><p>A federal grand jury has indicted 13 Somalis and 1 Yemeni "for allegedly pirating a yacht and taking hostage four U.S. citizens, who were ultimately killed before their release could be secured," federal law enforcement officials say.</p><p>The men are expected to appear in a federal court in Norfolk, Va., where the case is being handled. They have been in U.S. custody since they were taken aboard the <em>USS Enterprise</em> last month at the end of a hostage standoff.</p><p>U.S. naval forces had been tracking a hijacked American yacht, the Quest, when they heard <a href="http://www.npr.org/blogs/thetwo-way/2011/02/22/133958930/reports-four-americans-on-hijacked-yacht-killed-by-somali-pirates">gunfire on the boat</a>. When a special forces team boarded the Quest, they found that the four captives were dead.</p><p>The AP has more:</p><p><blockquote></p><p>The boat's owners, Jean and Scott Adam, along with Bob Riggle and Phyllis Macay, were shot to death after pirates took them hostage several hundred miles south of Oman.</p><p>It was the first time U.S. citizens have been killed in a wave of pirate attacks that have plagued the Gulf of Aden and the Indian Ocean in recent years.</p><p></blockquote></p><p>Agents from the FBI and the Naval Criminal Investigative Service will announce the indictments in a news conference at 1 p.m. ET Thursday.</p><p>Earlier this year, a Somali pirate was sentenced to more than 33 years in prison in a case stemming from the 2009 hijacking of the <em>Maersk Alabama </em>container ship. The <em>Maersk Alabama </em>was <a href="http://www.wired.com/dangerroom/2011/03/the-maersk-alabama-is-like-crack-for-pirates/">back in the news yesterday</a> — for having to fend off yet another attempt to take the ship. Copyright 2011 National Public Radio. To see more, visit <a href="http://www.npr.org/">http://www.npr.org/</a>.<img src="http://metrics.npr.org/b/ss/nprapidev/5/1299794272?&gn=Jury+Indicts+14+On+Piracy+Charges%2C+Americans%27+Death&ev=event2&ch=103943429&h1=Somali+pirates,Legal,National+News,The+Two-Way,U.S.,Home+Page+Top+Stories,News&c3=D%3Dgn&v3=D%3Dgn&c4=134424111&c19=20110310&v19=D%3Dc19&c20=1&v20=D%3Dc20&c31=133114127,127603218,127602855,103943429&v31=D%3Dc31&c45=MDA0OTc2MjAwMDEyNjk0NDE4OTI2NmUwNQ001"/></p></p> Thu, 10 Mar 2011 11:09:00 -0600 http://www.wbez.org/story/home-page-top-stories/2011-03-10/jury-indicts-14-piracy-charges-americans-death-83511 State Agency Reviews Policy On Facebook Prying http://www.wbez.org/story/around-nation/2011-02-23/state-agency-reviews-policy-facebook-prying-82787 <p><p>If you were at a job interview, and the interviewer requested access to your Facebook account, what would you do? It's well-known that many employers check up on applicants' online lives when they're evaluating them — but a state agency in Maryland takes it a bit further.</p><p>When he sought a new position at the Maryland Department of Public Safety and Correctional Services, Robert Collins underwent a background check. And just to be sure he wasn't hiding anything, he was <a href="http://www.wusa9.com/news/local/story.aspx?storyid=137495&catid=158">asked to provide his Facebook login</a>.</p><p>That request stepped over boundaries Collins didn't want crossed — and he <a href="http://www.aclu.org/blog/technology-and-liberty/want-job-password-please">teamed up with the ACLU</a> to put the agency back on its side of the line. The ACLU put up a video of Collins stating his case:</p><p>Collins says that he understands that the corrections department would want to be careful that its employees weren't involved in potentially illegal activities.</p><p>But, he said, "As officers, we do not forfeit our civil rights. You can't invade people's privacy and trample upon their rights just because it's convenient for you. It's unwarranted — it's illegal."</p><p>The Maryland Department of Public Safety has suspended the policy of asking applicants for Facebook information for at least 45 days to review the procedure. And the agency also clarified that its preferred practice has been not to ask for the information outright — but to ask if the applicant would be willing to provide it.</p><p>And it turns out that the state corrections agency has a <a href="http://www.facebook.com/pages/Maryland-Department-of-Corrections/102971393089995">Facebook page of its own</a>, drawn from Wikipedia. It may come as little surprise that only one person had "liked" the page at the time of this writing. Copyright 2011 National Public Radio. To see more, visit <a href="http://www.npr.org/">http://www.npr.org/</a>.<img src="http://metrics.npr.org/b/ss/nprapidev/5/1298496734?&gn=State+Agency+Reviews+Policy+On+Facebook+Prying&ev=event2&ch=103943429&h1=Internet+privacy,Legal,Facebook,The+Two-Way,Around+the+Nation,U.S.,Home+Page+Top+Stories,News&c3=D%3Dgn&v3=D%3Dgn&c4=134002571&c7=1091&v7=D%3Dc7&c18=1091&v18=D%3Dc18&c19=20110223&v19=D%3Dc19&c20=1&v20=D%3Dc20&c31=131265675,127603218,125099650,103943429&v31=D%3Dc31&c45=MDA0OTc2MjAwMDEyNjk0NDE4OTI2NmUwNQ001"/></p></p> Wed, 23 Feb 2011 14:51:00 -0600 http://www.wbez.org/story/around-nation/2011-02-23/state-agency-reviews-policy-facebook-prying-82787 Father Found Guilty In Arizona 'Honor Killing' http://www.wbez.org/story/around-nation/2011-02-22/father-found-guilty-arizona-honor-killing-82744 <p><p>A Phoenix jury has convicted an Iraqi immigrant of second-degree murder in the death of his daughter in what prosecutors say was an "honor killing."</p><p>The case stems from late 2009, when Noor Al-Maleki was run over and killed in a parking lot in suburban Phoenix. Her father, Faleh Hassan Al-Maleki, was behind the wheel of the vehicle that hit her. At the trial, prosecutors said that Al-Maleki was upset by his daughter's refusal to accept an arranged marriage.</p><p>Noor Al-Maleki had instead decided to go to college; she also had a boyfriend. When she was struck by her father's Jeep, she was walking with her boyfriend's mother, Amal Khalaf, who was also injured in the episode.</p><p>NPR's Ted Robbins reports that "a detective testified during the trial that Al-Maleki admitted he intentionally ran over his daughter, but he also repeatedly called it an accident. The defense called no witnesses."</p><p></p><p>The <a href="http://www.azcentral.com/community/peoria/articles/2011/02/22/20110222peoria-glendale-honor-killing-verdict-brk22-ON.html">Arizona Republic reports</a> that when he is sentenced Wednesday, Al-Maleki "faces 10 to 22 years in prison for second-degree murder, 5 to 15 years for aggravated assault, and 2 to 8-3/4 years for leaving the scene of the accident.</p><p>All of those sentences would be stacked on top of each other, meaning Al-Maleki can face 17 to 45-3/4 years in prison. He is already 50 years old."</p><p>The sad incident has echoes of some of the stories in a two-part series on <a href="http://www.npr.org/templates/story/story.php?storyId=99616128">honor killings in America</a> aired by NPR in 2009. Copyright 2011 National Public Radio. To see more, visit <a href="http://www.npr.org/">http://www.npr.org/</a>.<img src="http://metrics.npr.org/b/ss/nprapidev/5/1298420835?&gn=Father+Found+Guilty+In+Arizona+%27Honor+Killing%27&ev=event2&ch=103943429&h1=Legal,The+Two-Way,Around+the+Nation,U.S.,Home+Page+Top+Stories,News&c3=D%3Dgn&v3=D%3Dgn&c4=133974504&c7=1091&v7=D%3Dc7&c18=1091&v18=D%3Dc18&c19=20110222&v19=D%3Dc19&c20=1&v20=D%3Dc20&c31=127603218,103943429&v31=D%3Dc31&c45=MDA0OTc2MjAwMDEyNjk0NDE4OTI2NmUwNQ001"/></p></p> Tue, 22 Feb 2011 17:28:00 -0600 http://www.wbez.org/story/around-nation/2011-02-22/father-found-guilty-arizona-honor-killing-82744 Shepard Fairey And AP Settle Copyright Dispute Over 'Hope' Poster http://www.wbez.org/story/around-nation/shepard-fairey-and-ap-settle-copyright-dispute-over-hope-poster <p><p>Saying that "neither side surrenders its view of the law," the Associated Press nonetheless writes that <a href="http://www.ap.org/pages/about/pressreleases/pr_01122011a.html" target="_blank">there's been a settlement</a> in its copyright infringement lawsuit against artist Shephard Fairey over his "Hope" poster that took on iconic status during the 2008 presidential campaign.</p><p>The wire service adds that:</p><p><blockquote></p><p>"Mr. Fairey has agreed that he will not use another AP photo in his work without obtaining a license from the AP. 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."</p><p></blockquote></p><p>The dispute arose, <a href="http://www.npr.org/blogs/thetwo-way/2009/10/obama_hope_poster_creator_not.html" target="_blank">as Frank wrote back in October 2009</a>, after it became clear that the image Fairey used of then-Sen. Barack Obama was drawn from a photograph taken by Mannie Garcia for the AP. At first, Fairey tried to deny he'd been inspired by that photo. Later, he argued that "fair use" allowed him to take the image and reinterpret it for artistic purposes.</p><p><strong>Update at 11:45 a.m. ET:</strong> Earlier, we said Garcia was a freelancer at the time the photo was taken. But the AP tells us he was on its staff when he took the picture. Copyright 2011 National Public Radio. To see more, visit <a href="http://www.npr.org/">http://www.npr.org/</a>.<img src="http://metrics.npr.org/b/ss/nprapidev/5/1294853538?&gn=Shepard+Fairey+And+AP+Settle+Copyright+Dispute+Over+%27Hope%27+Poster&ev=event2&ch=103943429&h1=Hope+poster,President+Barack+Obama,Shepard+Fairey,Legal,National+News,Culture,Politics,The+Two-Way,Around+the+Nation,Art+%26+Design,U.S.,Home+Page+Top+Stories,News&c3=D%3Dgn&v3=D%3Dgn&c4=132860606&c7=1001&v7=D%3Dc7&c18=1001&v18=D%3Dc18&c19=20110112&v19=D%3Dc19&c20=1&v20=D%3Dc20&c45=MDA0OTc2MjAwMDEyNjk0NDE4OTI2NmUwNQ001"/></p></p> Wed, 12 Jan 2011 10:25:00 -0600 http://www.wbez.org/story/around-nation/shepard-fairey-and-ap-settle-copyright-dispute-over-hope-poster