It also seems clear that VARA doesn't apply to the photograph in question. From your link: "Under VARA, moral rights automatically vest in the author of a "wo

It also seems clear that VARA doesn't apply to the photograph in question. From your link: "Under VARA, moral rights automatically vest in the author of a "work of visual art." For the purposes of VARA, visual art includes paintings, drawings, prints, sculptures, and photographs, existing in a single copy or a limited edition of 200 signed and numbered copies or fewer. In order to be protected, a photograph must have been taken for exhibition purposes only." In addition, the Fair Use doctrine in the US makes things not as clear-cut as you make them out to be. Even if the creator doesn't like it, it's sometimes the case that she doesn't get to prevent her work from appearing in certain kinds of criticism, even if it involves distortion or modification of the work.