The best way to predict the outcome of the AP suit against Fairey's company is to understand how the court might have ruled in the original casethat of the AP against Fairey personally. This Essay will explore whether Fairey's use of the AP Photographer's photo constituted "fair use" and will analyze how the relevant fair use cases would bear on the present case. The AP originally asked to be credited and to receive compensation. First, I will introduce and explain the fair use four factor approach laid out in section 107 of the Copyright Act. Second, I will discuss how fair use case law, such as Rogers y