Is against the law to have ice cream in your back pocket in a bunch of states. I'd be very surprised if she'd been the first to photograph such a thing. And none of her photos were being used.

The only one I see that gives me pause is this one:



And it could be argued that the second piece because its not a photo is an origional work of art.

A major magazine, who had published her work with a globe painted blue except for the US, creates a cover with a globe painted except for the US, and there's no foul play?

The image on the left is hers, and was properly credited in a NYT publication just a couple of years ago. The NYT is aware of her and her work. This isn't some random anomaly.

you can riff all you want off another artist's work. as long as you change it substantially, you are not violating law.

Just spoke to the artists brother, and NYT art department called Olivia and apologized. They realized that their mistake in not crediting her or at least asking for her help in reshooting what was obviously inspired by her previous work for them.