Copying or reproducing a copyrighted image without permission is generally considered copyright infringement. This includes using the image as is or creating a derivative work based on the copyrighted image. However, there are exceptions under the fair use doctrine, which allows limited use of copyrighted material for purposes like commentary, criticism, news reporting, teaching, or research. The factors considered in determining fair use include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for the copyrighted work.
If the use of the copyrighted image is for a commercial purpose, it is less likely to be considered fair use. On the other hand, if the use is for a non-profit, educational, or transformative purpose (e.g., creating a new artistic work that significantly alters the original), it is more likely to be considered fair use. Ultimately, the determination of fair use is made on a case-by-case basis, and consulting an intellectual property attorney is advisable if there is any uncertainty about the legality of the use.