Shepard Fairey has spent the past few years fighting a messy legal battle with photographer Mannie Garcia and the Associated Press over his use of a portrait of Obama his iconic HOPE poster. He has raked in a significant amount of dough from the artwork, but may now face jail time for foolishly attempting to destroy evidence when the copyright infringement investigation began. The Smoking Gun reports,
[...] the Department of Justice has filed a memorandum arguing that a prison term for the 42-year-old artist would be “appropriate.” However, prosecutors did not specify how long Fairey should be incarcerated (though, statutorily, his punishment would not exceed six months). Additionally, government lawyers have contended that Judge Frank Maas could fine Fairey up to $3.2 million.
[...] Levy stated that Fairey reaped significant reputational and financial benefits from the Obama “Hope” image, which was created in early-2008. The prosecutor specifically cited the escalating combined profits of three Fairey companies, which grossed $2.93 million in 2007, $4.59 million in 2008, and $6.08 million in 2009.
Fairey has already admitted that he deleted digital files and created fake ones in an effort to avoid the copyright infringement case that was being brought against him. Fairey agreed to pay a settlement to the AP in early 2011, but continues to maintain that his appropriation of the photo was fair use.