Artists+Can+use+the+AP+photo

Artists Can Use the AP Photo
Here are some links to background research:
 * [|The photographer approves]
 * [|Pre-emptive suit]
 * [|Once again AP tries to redefine Fair Use]
 * [|Google: Fair Use Battle over AP Photo]

Here are my five best arguments to make my claim For Example: Here are 3 arguments that might come from the other side and what I will say to argue against it Fairey also mention he does not know who took the art work in the beginning. || Here are some broader situations which apply to this case:
 * 1 || Fair use - Shepard Fairey was not using it for personal gain or profit."His poster was not created by the campaign, but a street artist named Shepard Fairey, who admitted that he just grabbed a photo of Obama from Google Images in order to create the photo." - The photographer approves. ||
 * 2 || Mr.Garcia was perfectly fine with Shepard Fairly using his photograph and changing it to an actual art piece.“If you put all the legal stuff away, I’m so proud of the photograph and that Fairey did what he did artistically with it, and the effect it’s had.” Mr.Garcia didn't even realize that his photo was being used until someone mentioned about the art photo.- New York Times ||
 * 3 || Mr. Fairey modified the photo of Obama so much that it does not even look like the original picture.
 * the use of different colors
 * added text
 * different background ||
 * 4 || According to Mr.Garcia, AP does not have any legal rights or copy rights of the photograph. Leading to that Garcia has the copy rights Obama Photograph. ||
 * 5 || Mr.Garcia didn't even realize that his photo was being used until someone mentioned about the art photo." In fact, he admits he did not even realize that his own photo was the inspiration, though, he says "it always seemed so familiar." ||
 * || Counter-Argument || What I will Say to respond: ||
 * 1 || The AP owns the copy rights. || According to Garcia the actual photographer claims he owns his own picture's copy rights.( Pre- Empitve suit) ||
 * 2 || Companies are making a profit from the photograph. || Fairey didn't have any control of his art work taken off the internet.(The photographer approves)
 * 3 || He didn't ask permission for the Obama Campaign. || He has a right to his own opinion, and it was expressing himself taken out of an art master piece, leading to an inspiration to others. ||