Reversing a summary judgment in defendant’s favor, this decision holds that defendant cannot claim a fair use defense to plaintiff’s suit for infringement of its copyright on photos of an ephemeral lake in the Death Valley desert. All four fair use factors weighed against defendant. Defendant used the pictures for a commercial purpose–to profit from its article that included the infringing use of the photos. The article used the photos without significantly transforming them. The photos were the product of artistic and technical decisions and so were creative. The offending article used all of plaintiff’s photos without a license. If defendant could freely use the photos without a license, then others could as well, destroying the value of and market for the copyrighted photos.