Copyright Law | Expert Legal Commentary
July 26, 2007
In Amazon.com Case, Court Classifies Framed Display of Images in Web Search Engines as Fair Use
Perfect 10, Inc. v. Amazon.com, Inc.
By
Thomas F. Zuber of Zuber & Taillieu LLP
In this appeal brought by both the copyright owner Perfect 10, Inc. and defendants which included Internet search engine and Internet retailer (Google, Inc. and Amazon.com, Inc.), the Court of Appeals ruled that the Internet search engine operator's act of framing in-line linked full-size images of copyrighted photographs on its website did not constitute "display" of copies of such photographs, within the meaning of Copyright Act, as would amount to copyright infringement. Although the storage and transmission of a thumbnail image version of a full-size copyrighted image is considered direct infringement of the exclusive right to display a work, the use falls under the fair use exception.
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About the Author
Thomas F. Zuber is a Partner of Zuber & Taillieu LLP, specializing in transactions relating to patents, trademarks, and copyrights.