Can you infringe street art?

LMNPOPI, a nationally known street artist, sued XYZ Films for copyright infringement for using LMNPOPI’s street art in their movie, Bushwick, without her permission. The District Court for the Eastern District of New York ruled that this was not copyright infringement, though, because the use of the art was so minimal that its use was considered “fair use”.  If this art had been used in a less public area, however, the artist might well have prevailed.