[wruza]

IANAPS, but I don’t think these are minor ps edits (or that it’s even ps) after overlaying the two and sliding the opacity. That’s a grey area no doubt, and the source of “inspiration” is clear, but you’re probably overtrivializing it.

[djur]

I don't think the claim is that it's literally Photoshopped. It's a painting. It could be a painting of a Photoshopped version of the photo, or the changes could have been made while painting. There isn't any legal basis for distinguishing between digital and physical works here -- a copy is a copy, and a physical copy with alterations is as much a derivative work as a digital copy with alterations.