A federal appeals court Tuesday weighed the U.S. Supreme Court’s new fair use test in hearing a photographer’s copyright infringement accusation against a new site that used his photo of rock musician Ted Nugent.

Arguments before the U.S. Court of Appeals for the Fourth Circuit focused on whether the Independent Journal Review’s use the Nugent picture in an article listing signs that a father is conservative was “transformative,” which would permit the unlicensed use of the copyrighted image under the “fair-use doctrine.”