An interesting copyright case involving Google and our old friend, Perfect 10. Perfect 10 is very protective of its adult “artwork” and does not like the fact that Google searches reveal thumbnails of said artwork. According to the Court, Google is ultimately not liable for showing the thumbnails because:
- Google does not “display” the artwork. Google’s activities do not meet the definition of “display” because Google transmits or communicates only an address which directs a user’s browser to the location where a copy of the full-size image is displayed by somebody else. Google does not communicate a display of the work itself.
- Google’s use of the Perfect 10 artwork in showing thumbnails is sufficiently transformative. Google’s use does not “merely supersede the objects of the original creation” but rather “adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message.”
James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
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