1.) Linking to a photograph published on another website is not a publicity rights violation;
2.) Blogger’s remarks are in the context of news reporting or commentary and thus are immune from trademark claims. (Granting the same protection given journalists though not specifically labeling bloggers journalists.)
The purpose and character of the use.
- Transformative uses are favored over mere copying.
- Non-commercial uses are also more likely fair.
- Is the original factual in nature or fiction?
- Published or unpublished?
- Creative and unpublished works get more protection under copyright, while using factual material is more often fair use.
- Copying nearly all of a work, or copying its "heart" is less likely to be fair.
- This factor is often held to be the most important in the analysis, and it applies even if the original is given away for free. If you use the copied work in a way that substitutes for the original in the market, it's unlikely to be a fair use; uses that serve a different audience or purpose are more likely fair.