Lessig is asking for help in the Shepard Fairy/AP case. He writes on his blog:
As mentioned, the Fair Use Project at Stanford’s CIS is representing Shepard Fairey in his suit against the AP. To that end, we’d be grateful for some net-based knowledge. How many photos are there “like” the beautiful photograph that Mannie Garcia took (the one on the left; the one on the right is a CC licensed photo taken by Steve Jurvetson)? Can you send any examples to shep_use@pobox.com?
Also, please send any favorite examples of photos used as visual references for other works of art. We lawyers don’t know much, but we can learn pretty quickly.