"Fair Use"

Honestly i think that Fairey was well within his bounderies when he created the iconic hope campaign picture. The reason why i believe so is because he only used Mannie Garcia original picture only as a raw image and didnt actually involve it, meaning the original picture in his work. Its like people play sheet music and record themselves, they are not violating any copyright law unless they claim to have written the music which they didnt, that would be plaigerism.