That doesn't cover the case where a human being creates a new work that uses the original work creatively. That article is aboutautomated processes such as framing, deep linking, and thumbnailing.

The issues are completely different in the two cases. In automated use cases, the question is whether the use is transformative. In creative use cases, the question is whether the new work is derivative.

Using someone else's images creatively in your own work would be derivative and you would need a fair use defense or you would be infringing. (IANAL.)