I have a friend who is a painter. She said if a photo is copyrighted, you can’t paint the image per se and call it an original/sell it. Otoh, if you use the photo as inspiration but make at least seven significant changes, the painting is considered original and you can do anything you want w it.
Zimmerman’s painting is too much like the copyrighted photo—almost identical to it overall. He should have made sufficient changes to call it his own. He really does need a lawyer helping him out w this. It won’t be hard to do, once he gets the hang of it.
He added words. More than seven.
What would those changes have to be???
I can see a few differences -- there may even be seven.