I believe that Shepard Fairey's manipulation of this photograph of Barack Obama is completely within fair-use. He's manipulated the image to the point that the viewer cannot tell where Obama is or what he is doing. The only aspect of the image that has remained the same is the position in which Obama is sitting. Fairey has manipulated the colors to make the image more patriotic. Obama looks as though he is looking forward into the future in Fairey's artwork. In the original photograph, Obama just looks as though he is looking at something in particular. Fairey also was not asking for money for the posters. He was not making a profit, so it should not matter that he used it. Fairey's image is an artwork. The original photograph is considered a photojournalistic piece.
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