Whether The Metropolitan Museum of Art's commercial use of a photograph was sufficiently transformative to warrant fair use

QUESTIONS PRESENTED 1. Whether The Metropolitan Museum of Art’s commercial use of a photograph on its Website to sell tickets to its museum exhibition, as well as in the “brick-andmortar” exhibition itself, was sufficiently transformative to warrant a finding in favor of fair use on the first statutory factor, 17 U.S.C §107(1). 2. Whether Petitioner stated a plausible claim that The Met’s use of his photograph was for commercial purposes. 3. Whether The Met’s use of the photograph across multiple media platforms without any attribution or credit to the constituted bad faith so as to weigh against a finding fair use. 4. Whether The Met’s use of the photograph usurped the actual or potential licensing market. 5. Whether the Court of Appeals properly analyzed the remaining statutory factors in light of its finding of transformative use.