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: http://nymag.com/realestate/vu/2008/09/50481/