It’s not ridiculous. He clearly copied the likeness from the copyrighted image onto his photo. It might be considered a derivative work, but it’s not his original image. The original image belongs to the AP. If he’d just posted it on his Facebook page, I’m sure nothing would happen, but when it gets lots of publicity and he’s trying to sell it for $100,000, then they’re going to take notice.
he should call it satire, that would make it legally allowable.
.........
did you know that if you lovingly produce an episode of Star Trek that is a serious attempt to be Trek, you aren’t allowed to make a dime. But if its all funny and poking fun at Star Trek, then it is allowable.
Kind of strange, really.