“Here, you’ve got an appropriation artist whose whole reputation is from taking images that he finds interesting and turning them into art,” Ian Ballon, an Internet copyright litigator with Greenberg Traurig, LLP told The Daily Beast. “But courts evaluate ‘fair use’ based on a multi-part balancing test and, if you change the facts just a little bit, something that looks very similar could actually be a ‘fair use.’”