Sort of like Cariou v Prince
Goldsmith's photo: copyrightblog.kluweriplaw.com/2022/05/09/andy-warhol-foundation-v-goldsmith-the-supreme-court-revisits-transformative-fair-uses.
Note that, for photographers, the "effect on the market" often has a slightly different meaning, as photographers seldom sell their images directly to the public.
The case is scheduled for oral arguments on October 12.
You'd think the advertising industry would be investing huge sums in combating this. But not exactly. Too many companies make lots of money showing ads to bots, and too many advertisers don't really seem to care [!].
Start with pleaserobme.com, and then the "nothing to hide" argument.
Nothing to Hide
Supreme Court cases