Controversy over Obama campaign poster

During the 2008 presidential campaign, Shepard Fairey, a poster artist, found a photo of Barack Obama on the Internet, modified it to look more like a graphic design, and made a very popular campaign poster out of it without any credit to the photographer, Mannie Garcia, or permission from the Associated Press (for which Garcia took the photo). After Fairey declined AP's request that he pay licensing fees, AP sued Fairey for copyright violation. Fairey claims his use was a fair use. (You can see the poster and the original photo onWikipediaand other sites on the Web.)

1. What are the arguments in favor of the Associated Press' position that Fairey violated the copyright to the photo and should be required to pay licensing fees for use of the photo?
2. What are the arguments in favor of Fairey's position that his use of the photo qualifies as a fair use?
3. Which argument do you favor?Why?
4. Summarize your responses to these questions

nothing is missing