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Re: [OM] Fair Use

Subject: Re: [OM] Fair Use
From: "M. Lloyd" <royer007@xxxxxxxxx>
Date: Fri, 8 Feb 2002 14:08:32 -0800 (PST)
Thumbnails should be fair use and they can get your
work out to the masses, but it was the correct
decision to call linking to a site that you want
people to pay for for free to be called copyright
infringement, or if you have a homepage with info on
how to get reprints and such and linking to the photo
directly is also wrong and copywright infiringement.

Mark Lloyd 

--- "W.Xato" <xato0@xxxxxxxxx> wrote:
> I few months ago I started a thread on the ability
> of
> search engines to index and show thumbnail versions
> of
> your (our) images on the search engine websites. We
> found a lot of our own images thumbnailed by the
> predecessor to Google. The 9th Circuit has issued a
> decision and said that if was fair use to post
> thumbnails but not full screen versions.
> 
> The court said that "deepline linking", which allows
> a
> web site operator to have its users view the inside
> pages of another web site by "framing" the imported
> content within its own site and making it appear as
> if
> it is original content, was copyright infringement.
> 
> Although the thumbnail was linked to the photo
> owner's
> site, a direct link to the photo, according to the
> photographer, allowed viewers to bypass the page
> containing instructions about how to pay for the
> photo, etc.
> 
> Warren
> 
> Kelly v. Arriba Soft Corp. 2/6/02
> 
> =====
> Warren Xato
> 
> For where to go when you know when
> -PhotoDates-and-Places@xxxxxxxxxxxxxxx


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