Artist A is the author of a Drawing entitled Eternal Fear, which may briefly be described as a screaming contorted face.  A has sold or given away numerous copies of Drawing, and many copies have been plastered, by A and others, on walls in Los Angeles and other cities as street art.  A has used Drawing as an identifier of himself as an artist and his work.  Professional photographer P took a picture of a brick wall in Los Angeles that was covered with graffiti, including a weathered copy of Drawing.  P took the picture because he found it “interesting” and saved it in P’s personal library.

 

                Several months later, popular rock band B planned a worldwide tour and asked P to create video backdrops for each of the songs B would perform on tour.  For one of such songs, the video depicted a brick alleyway, covered in graffiti and appropriate in P’s estimation to the mood and theme of the song.  As the song is performed, graffiti artists on the video come and go placing and removing items of graffiti on and from the wall, but throughout the video the center of the video frame is dominated by an unchanging, though somewhat modified, version of Drawing.  P created this version of Drawing from the picture he had taken earlier, cutting it out of the larger image and adding a spray-painted cross over the middle of the screaming face and a few black streaks down the sides of the face.  Despite these changes, Drawing remained clearly identifiable in the center of the video.  The video has been performed some seventy times at the various concert venues at which B performed.

 

                P sues B for copyright infringement.  Advise P.