If you ask me, this is a pretty open & shut case: he copied the photograph exactly, as much as exactitude was allowed for the medium. Baio brought barely anythi

If you ask me, this is a pretty open & shut case: he copied the photograph exactly, as much as exactitude was allowed for the medium. Baio brought barely anything new to the table at all. A tie pattern? That doesn't seem like enough to me to make it a true derivative work, and moreover, it was for a commercial purpose. It is telling that Baio got permission for the music but not for the album cover.