Should We Even Care?

There is a lot of stencil art on the streets here in San Francisco. Much of it is original work, but some has obviously been appropriated.

Photo: ©2007 David W. Sumner

The stencil image (above) of Billie Holiday is on Van Ness Avenue. The original image is a photo by the late William Gottlieb.

Portrait of Billie Holiday: ©William Gottlieb

So what do we make of this? Is it an homage to Gottlieb? Is it fair use? Is it a copyright infringement? Given the context does it matter one way or another?

What if Gottlieb, were he alive, came along and signed his name to image on the sidewalk? Would that upset the person who made the stencil and painted the image on the concrete?

Should we even care?