Go to a baker and commission a Mickey Mouse cake. Is that a violation if the bakery didn't advertise it? (To note, a bakery can't advertise it due to trademark, not copyright. Right?)
For that matter, any privately commissioned art? Is that really what artists want to lock away?
In 2018[0], didn't Getty force Google to change how Google Images presented results, following a lawsuit in 2016[1]?
[0] https://arstechnica.com/gadgets/2018/02/internet-rages-after... [1] https://arstechnica.com/tech-policy/2016/04/google-eu-antitr...
Absolutely. Google previously had a direct link to the full-size image, but it has removed this due to potential legal issues. See [0].
> Is that a violation if the bakery didn't advertise it?
According to Disney, it is. See [1].
> Any privately commissioned art?
Not any art, no. Only that which uses IP/material they do not have a license to.
[0]: https://www.ghacks.net/2018/02/12/say-goodbye-to-the-view-im...
[1]: https://en.wikipedia.org/wiki/Cake_copyright#Copyright_of_ar...
The matters of the baker and the privately comissioned art are more complicated. The artist and baker hold copyrigh for their creation, but their products are also derived from copyrighted work, so Disney also has rights here [1]. This is just usually not enforced by copyright holders because who in their right mind would punish free marketing.
That's actually a tricky question and lengthy court battles were held over this in both the US and Europe. In the end, all courts decided that the image result page is questionable when it comes to copyright, but generally covered by fair use. The question is how far fair use goes when people are using the data in derivative work. Google specifically added licensing info about images to further cover their back, but this whole fair use stuff gets really murky when you have automatic scrapers using google images to train AIs who in turn create art for sale eventually. There's a lot of actors in that process that profit indirectly from the provided images. This will probably once again fall back to the courts sooner or later.
-> here is the actual judgement though: https://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/do...
Which is why e.g. Bethesda is not going to slap you for your Mr House or Pip-Boy fanart, but will slap the projects that recreate Fallout 3 in engine X.