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Published byAldous Garrison Modified over 9 years ago
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Search Engine Thumbnail Image Reproduction Are Fair Use Cyberlaw By: Megan Penecale and Lindsey Hill
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Description: Search engines that display thumbnail images are fair use to people, but once you use the full size image, it is infringement of copyrighted material. Facts: Kelly is a professional photographer with a website, he uploads his images there and he is in license agreements with a few other websites. Arriba runs a search engine that displays both the thumbnail and full size images. Kelly sued Arriba showing his copyrighted images, and Arriba defended the images as fair use reproduction. District court found for Arriba, holding that the reproduction was fair use and Kelly appealed.
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Copyright – the exclusive legal right, given to an originator or an assignee to print, publish, film or record literary, artistic, or musical material, and to authorize others to do the same. Fair Use – (in US copyright law) the doctrine that brief excerpts of copyright material may, under any circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder. Web Sites – a location connected to the internet that maintains one or more pages on the World Wide Web. Thumbnail Pictures – A picture that can be created from an existing image that is stored as a pixel map, a picture or a picture file. A thumbnail picture is useful for creating small representative images of a source image and in previews for files that contain image data. Search Engines – A program for the retrieval of data from a databse or network
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Arriba’s use of the thumbnail images was fair use, it benefits the public by enhancing internet information gathering techniques. But using full size images through inline linking and framing is not in fair use. Importing Kelly’s images from his website is not in fair use and is infringement. Thumbnail image Full size image
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