An important court case is being fought in Boston, which will undoubtedly impact the legality of reference photographs being used in art in the United States.

Shepard Fairey, creator of the famous "Hope" portrait of President Barak Obama, now hanging in the Smithsonian's National Portrait Gallery, is being questioned for it's legal copyrights.

The original photograph, taken by Manny Garcia of the Associated Press, is challenging the relationship of the original image to the portrait by Fairey. They are seeking compensation for the reference. Their basic argument is that no-one should be able to work from a reference photo without licensing it.

Mr. Fairey believes that a piece of art that transforms both the intent and the esthetics of an image is actually a valuable new piece independent of the original. Also, in this case, his work does not compete with the original market. He is fighting this basically not just for himself, but the rights of all artists who make grass roots images about, for or against, leaders that they don't have access to having personal portrait sittings with, or possibly the financial means to license an image in order to make something that makes a comment or speaks to the public.

"It's about showing that an individual who doesn't have the power of a corporation, or any other means than just a Zerox machine can make something that effects people, that makes them think about things differently. That's what is important to me about spreading images and showing the power that one individual with a grass roots effort can effect people and inspire them to be a part of the dialog."

"Public space shouldn't just be a one way dialog with advertising, there should be other forms of expression."

Whatever the outcome, the rulings will undoubtedly effect artists everywhere, as legal court battles over copyright law will reference this ruling as precedence in future findings.