Reflection on Shepard Fairey

It is clearly obvious that this image was an exact replica with simply a few minor tweaks done on photoshop. Aside from the different use of color there is only one minor change which is a circle on his suit. Fair use is the most critical issue in this topic because in essence fair use enables anyone in the public to criticize the image in any manner they want. However copyright infringement occured due to the fact that Fairey tried making his new image his own which it clearly wasnt. According to Fairys lawyer fair use should protect his client however without much change in the image it is apparent that Fairey will get in trouble for his image.