In Chapter 9, Fair Use, of Getting Permission: How to License & Clear Copyrighted Materials Online & Off
, we discussed the case of Perfect 10 v. Google,
where the trial court determined that Google's use of thumbnail images was not permitted fair use. However, the decision was reversed on appeal (Perfect 10, Inc. v. Amazon.com
) (as noted in two earlier mentions of thumbnail images in the book). The Ninth Circuit held that thumbnails qualified as a fair use, bringing the case in line with the holding in Kelly v. Arriba-Soft.
Effective date: May 02, 2011