I believe the work does not fall under fair use. The work is not a parody nor a criticism and deprives the original owner of a large sum of income Fairy received. The Hope picture does transform the original but only in texture and color. Besides one line of text there is little change made from the original. There was nothing else added to make it his own. I don't feel it was transformed enough to consider it fair use. Something similar could be made with a Photoshop filter and color fill.
Good argument, thanks!
ReplyDelete