Reply #14: those are editorials [View All]

and newspapers are given "fair use"

What you are mentioning here is very complex... I was hoping to avoid it... if the image he used to paint the portrait from was from a photograph, he might have violated the photo copyright owners copyright and mights to modify.

If he made Bush's portrait from his own imagination he still violated Bush's rights of publicity and moral rights, although this is weak given Bush's absolute status as a public figure.

In the America courts it comes down to the presiding Judge has great leeway in deciding what is "fair use" or not.

2Live Crew's parody of Pretty Woman went one way, while Disney vs. the Air Pirates went another. You are now only truly protected on art, text and music when you create the work entirely from scratch. (which is an impossibility)

Google the DMCA and the Bono Act for the transfer of protection from the artist to the corporation.