It's not begging the question, because it was _very_ recognisably a derived work of his image. > they made their own image, and then Maisel claimed it infringe

It's not begging the question, because it was _very_ recognisably a derived work of his image. > they made their own image, and then Maisel claimed it infringed his This is obtuse. The question at issue was whether it was *fair* use -- to make a fair use claim you are stipulating it is a *use*. I am not convinced either way.