Where do we draw the line between fair use transformation in art and derivative images that constitute copyright infringement?
In 2009, the dominant fair use question involved Shephard Fairey's appropriation of an Associated Press image for his Barack Obama "Hope" design. Fairey conceded that "Hope" was based on an April 2006 AP photograph by Mannie Garcia. The AP sued Fairey, claiming that he didn't have permission to use the photograph, and that he must offer a photo credit and compensation. Fairey settled the matter in 2011, according to Photo District News.
Now the Second Circuit Court of Appeals is considering a similar copyright infringement lawsuit between artist Richard Prince and photographer Patrick Cariou, but the stakes are much higher.