Photographer Mannie Garcia, working for The Associated Press, documented a panel discussion on the humanitarian crisis in the Darfur region of Africa held at the National Press Club in April 2006.  He took a photograph of the actor George Clooney and then-Senator Obama on the dais. In 2008, street artist Shepard Fairey used one of these images as the basis for a screen print featuring a close up of Obama and the word HOPE. Fairey began distributing the posters in January and February 2008. In January 2009, an attorney for AP contacted Fairey stating that AP owned the rights in the photo on which Fairey had based his poster. AP claimed that Fairey had infringed its copyright in the Garcia work and threatened to sue Fairey. Fairey sued The Associated Press for declaratory judgment.

Fairey argued that he did not infringe on Garcia's photograph because Fairey took only the “facts” of Obama’s face; Fairey’s treatment of the photo, removing contrast and overlaying colors, allegedly drained the result of any of Garcia’s expression. Fairey also alleged that the poster constituted fair use of the photograph. Photographer Garcia did join the suit against Fairey in its early stages, but withdrew before a settlement agreement was reached in March 2011. According to a statement made by The Associated Press, neither side conceded its position, but they reached an agreement requiring Fairey to license any future use of the photograph. Additionally, the parties decided to collaborate in the promotion of the “Hope” poster for the Obama campaign and on future works.

In addition to the civil suit, Fairey also became tied up in a criminal investigation after submitting false images and destroying documents. Fairey initially claimed that he based his poster on a larger photograph of Obama standing with actor George Clooney. However, the actual source image for the poster was a solo shot of the former president. The artist pleaded guilty to one count of criminal contempt and was sentenced to two years of probation, a $25,000 fine, and 300 hours of community service.

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