The photo is copyrighted, the subject is not. He is not using the photo. He painted a depiction. If I paint a Ford F150, am I infringing on Ford’s patents?
This is crazy AP crap.
You can’t paint Elvis on velvet.
Now if only George had urinated into a cup, and put the picture into the cup, THEN IT WOULD ART. /S
See: https://en.wikipedia.org/wiki/Piss_Christ
Piss Christ is a 1987 photograph by the American artist and photographer Andres Serrano. It depicts a small plastic crucifix submerged in a glass of the artist's urine. The piece was a winner of the Southeastern Center for Contemporary Art's "Awards in the Visual Arts" competition,[1] which was sponsored in part by the National Endowment for the Arts, a United States Government agency that offers support and funding for artistic projects, without controlling content.