[pdonis]

Are you implying that the use in question was fair use (i.e., that the OP should not have sent the DMCA takedown notice for this use)?

[sbronstein]

No, she claims she is covered under fair use because she doesn't make any money from it, blah blah blah.

[peetahb]

No, she claims she is covered under fair use because she doesn't make any money from it, blah blah blah.

Plus, her claim of being a lawyer makes the whole matter quite baffling.

[Natsu]

Actually, there have been fair use decisions when an entire work was used non-commercially:

http://www.wired.com/threatlevel/2011/06/fair-use-defense/

I'm not saying that's the case here, but whether the use was commercial or not is one of the four factors considered when deciding fair use.

[pdonis]

I don't think "commercial" requires you to "make money" from the use. I think using the photo as an illustration on your business website qualifies as "commercial" even if you can't show that it brought you any business. (Of course, IANAL.)

[Natsu]

There are different degrees "commercial." It's not a binary distinction.