"What makes me uneasy is that it kind of suggests that anybody's photograph is fair game, even if it uses the entire image, and it remains recognizable, and it's not just used in a collage," Columbia University law professor Jane Ginsburg told The AP. "I think that's pretty radical."
Robin Gross, an attorney with civil liberties organization IP Justice, told the wire service she thinks Fairey was within his rights to base his painting on the photo because he meant for the work to have a political, rather than a commercial, use.
If Fairey wins this case and doesn’t have to give compensation I think there will be a lot more cases that re-open and new ones that emerge. I think The AP is right and deserves compensation because Fariey took the origninal photo and put some color in it. If he had made up his own photo it would be a different story. The fact is Fairey did not use his own original photo he used someone else’s and put his coloring into it and called it his which is not right.