Not to continue to kick a dead horse, but it seems that Shepard Fairey, supposed champion of extended fair use exceptions to copyright law, has been waffling on his position as to the extent that he will entertain extended fair use exceptions to his own work.
While this is certainly not a clear cut issue, his actions in sending a cease and desist letter to the source of artwork parodying his now-legendary "OBEY" campaign should at least raise some eyebrows.
See article discussing this issue here.