The image at the bottom of the article? It's not the same penguin it's a cartoon drawing. The feet are different, the eyes are different, the beak is different, the wings are different. The only thing similar is the pose.
It might fall under a permitted derivative work but it looks like they just did a freehand drawing of the photo explicitly intending to provide an equivalent substitute. If it doesn't qualify as a derivative work it might be willful copyright infringement.