It sucks, but it's not Spike Lee's issue. It's like blaming Obama for how a vendor screwed some engineer over while setting up the version control system during the build of the ACA site.
It's Spike Lee's production company. He directly derives profit from it. He controls it.
The buck stops at the top, as it always does.
ps: my cynicism isn't typical of midwesterners in the U.S. I've had many learning experiences over the years that are very similar to this. It all helped me become much better at running a business. If I hadn't had those experiences early on, I wouldn't know what to do preemptively now.
Just like many companies drop their sponsorships when their celebrities misbehave. For example Tiger Woods after his affair scandal.
Now that he's aware, and appears to be uncaring about the matter while distributing the infringing work further, he may be liable for even more per infringement.
The artist originally came to SL to ask him to handle this, presumably amicably and for "yeah, we'll pay you like we would have had we hired you" type levels. Now that SL is baiting the guy, he may just ignore the ad firm and go straight after SL as well.
I'd say it's more like the President worrying about a website.