2. It is not exactly the same as the photo, Fairey made Obama look better and with less "liver-lips" and not as much of a frown. And really it is a stylized head portrait, since the background has been removed... I don't think AP has much of a leg to stand on.
So then Fairey shouldn’t complain about the other artist. After all using something like this for parody or
similar purposes is allegedly covered under “FAIR(ey) USE”...
It is kind of interesting...San Francisco media satirists Negativland dabble in taking bits of music, speech, etc.
and making art out of them. It could be Casey Kasem’s
“f-— Snuggles” outtake, bits of a song from “The Little
Mermaid” or Ethel Merman singing “There’s No Business Like
Show Business” (”when you are stealing...stealing...Let’s
go...on, with, the...stealing...” etc.)
I think you are right...
Anyway, there’s still the issue of who to OBEY...