This seems to me like a lack of appreciation for a particular field.
He was making a derivative (but original in its own way) work based on Miles Davis' work. So he sought permission from the right entities to do so.
He was also making a derivative (but original in its own way) work based on Meisel's photograph. So he didn't seek permission from the right entities to do so.
This reeks of tunnel-vision. As a musician Baio had the appreciation and understanding of the field to know that he's producing a derivative work. As a non-photographer he didn't seem to think the same principle applied to another field of art.
He was making a derivative (but original in its own way) work based on Miles Davis' work. So he sought permission from the right entities to do so.
He was also making a derivative (but original in its own way) work based on Meisel's photograph. So he didn't seek permission from the right entities to do so.
This reeks of tunnel-vision. As a musician Baio had the appreciation and understanding of the field to know that he's producing a derivative work. As a non-photographer he didn't seem to think the same principle applied to another field of art.