The case law in the US is favorable to the newer artist in many cases, the four factors of fair use would be in the newer artists favor for a one off piece of a

The case law in the US is favorable to the newer artist in many cases, the four factors of fair use would be in the newer artists favor for a one off piece of art based on a reference. Like with http://www.artistrights.info/cariou-v-prince http://www.artistrights.info/cariou-v-prince the works consisting of collages, with a guitar pasted over the original work was found to be fair use. In this case the transformative use was a bigger factor, but part of the work was exactly copied, not just derivative. Leibovitz v. Paramount Pictures Corp is more similar to this case. But in Leibovitz while the poses were the same there were several other factors that were changed to heighten the comedic effect.