I am sure the photograph was copyrighted. If you have ever taken pictures you would realize this photograph was likey taken with better equipment and more importantly good sight angles which most people dont get.
There is an option under US copyright “Fair use” where you are allowed to use such a photograph and pay for it and maybe alter it under certain condtions. I have seen parodies of this photograph that were clearly parodies and that would likely be ok. However HaMaversar was trying to pass off this photograph as legit, that is different. A parody must clearly be a parody