The law in this area is gray, at best, but law is interpreted and a court case could go either way depending on how convincing the arguments deployed are.

Your question is actually

If I got sued, would I win?

And nobody can tell you that, not even a lawyer - they could take an educated guess, but that’s it. So the real question you need to answer is:

Am I willing to take the risk that I could be sued for copyright infringement for using this image, knowing that I might or might not win the court case?

And of course, only you can answer that. So… are you?