What makes this case difficult is that the photographer doesn't have any rights to Prince's likeness, since she didn't create it. She only has rights to the fra

What makes this case difficult is that the photographer doesn't have any rights to Prince's likeness, since she didn't create it. She only has rights to the framing and details of her photograph. In other words, her copyright is unusually "weak" in some abstract sense. Here's an analogy: imagine that I record a rendition of Amazing Grace. And then somebody else records another rendition of Amazing Grace that copies some of the particulars of my recording. Could that count as copyright infringement? Of course. But it's not obvious that it should, because the underlying work is mostly in the public domain.