By Sean Smith
February 08, 2009 at 05:27 AM EST

Shepard Fairey, the artist behind the iconic Barack Obama “Hope” poster was arrested in Boston Friday night, accussed of “tagging” property with graffiti, the Associated Press is reporting. Fairey, 38, was en route to the Institute of Contemporary Art to inaugurate his exhibition, “Supply and Demand.” The charge is a misdemeanor, and Fairey is scheduled to be arraigned on Monday. He’s accused of tagging two separate locations with graffiti based on his famed Andre the Giant street art. Notably, Fairey is also being sued by the AP, which is accusing him of copyright infringment. The AP says Fairey’s portrait of Obama on the “Hope” poster is based on an AP photograph of the president. Fairey says use of the photograph falls under the legal definition of “fair use.”