I always though Jay was a good guy for letting artists use that space (even if it was a silent agreement), but maybe that's not the case...
Not that it directly involves this case of fair use, but that building is worth millions of dollars, so Jay was doing this for the sake of "artistic purity" or whatever you want to call it, not because he's a starving photographer...
An article about his building a few years back:
Gruber made, I think, a somewhat asinine point about this being an example of how spectacularly well-off Maisel is and how much of a dick that makes him for enforcing his IP rights. But Maisel bought the place for a pittance in the '70s and doesn't collect rents on it. I'm sure he's much better off than Baio, but he's not a mogul.
2008 - 42 = 1966.
$102K in 1966 is $711K in 2011 inflation-adjusted dollars.
I could see it being a mix of both.
I don't think it makes him less of a good guy.