Said the intellectual property lawyer, quoted in
"How did this teenager’s drawing of his knee wind up in a Jasper Johns painting at the Whitney?/A new work debuting in a major exhibition raises complex questions about artistic license and appropriation" (WaPo).
The teenager, Jéan-Marc Togodgue, had made an anatomical drawing of a knee (because, he says, he wanted to understand an injury to his knee). The artist saw the drawing hanging in Togodgue's doctor's office and copied it as part of a painting. It's painted to look like the original drawing is taped to the painting.
Johns wrote to Togodgue, "I would like you to be pleased with the idea and I hope that you will visit my studio to see what I have made."
An artist named Brendan O’Connell — O'Connell's son is friends with Togodgue — called attention to the copyright issue: “This isn’t like him doing
the Savarin coffee cup or doing some pop appropriation like I do.... This is somebody’s work that he directly copied."
In the era of Black Lives Matter, [he] found it particularly offensive that a White artist from the segregated South was using the work of an African teenager in this way.