Controversy over Obama campaign poster

During the 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 on Wikipedia other sites on the Web.)

Being the attorneys for Fairey, argue that his use of the photo was fair use.