This lawsuit is illegal. There is no copyright to make art work using a photograph as a reference.
Artists do this all the time, I should know, I'm a painter with a BFA in Fine Arts.
Now mind you I use my own photography for use with my paintings.
But sometimes I may take a photo, edit it with photoshop and make a painting of it. There is absolutely nothing illegal about that.
Now if he has used the photo by itself and just added words to it like "Obama",that may be illegal, but its subjective.
Artists use photos from the media all the time for collages.
This lawsuit should be thrown at the window.