On December 12, 2014, Dud Slyjester paints a picture of dogs playing poker substituting, for the faces of the dogs, the faces of some of his colleagues. Slyjester leaves the room and Eric Mimikus takes a photograph of Slyjester's picture without permission and in order to create his own competing work. Within minutes Mimikus "Photoshops" new faces onto the photo of the painting. He then posts his photograph of Slyjester's work and his new version on a website. Which of the following is most true:

Group of answer choices

Mimikus' work is not infringing because Slyjester's work lacked sufficient creativity

Mimikus' original photograph of Slyjester's work was clearly infringing.

Mimikus' use of Slyjester's work is protected under 107 (fair use).

Mimikus' work, even if infringing, may be copyrighted since he has included original expression of his own.