Missouri court finds using thumbnail pictures a violation of fair use

Relevant bits:

The Court applies these factors and considers the circumstances of this case in the context of the broader aim of copyright law. Use of a work may be fair use where its purpose is transformative or supercedes the function of the original work. GOI’s images are not transformative, as they do not alter the original work “with new expression, meaning, or message.” Campbell , 510 U.S. at 579. Unlike the scenario where a general internet search engine “transforms the [thumbnail] image into a pointer directing a user to a source of information,” GOI’s use of the images is limited to an informative and promotional function on the Gallery’s website- to show customers the Teter works available at the Gallery. See Perfect 10 , 508 F.3d at 1165. The images advertise Teter’s works, which is a basic commercial purpose and suggests against a finding of fair use.