rights to use of vintage photographs?

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Posted By: boxingcardman

(featuring nude models) was a fair use. Important factors: The Ninth Circuit considered Google’s use of thumbnails as “highly transformative” noting that a search engine transforms the image into a pointer directing a user to a source of information (versus the image’s original purpose: entertainment, aesthetics, or information). This transformative use outweighs any commercial factors regarding Google’s ability to earn money from placement of ads on the search results page. The court’s reasoning –that “a search engine provides an entirely new use for the original work,” — re-affirmed the principles established in the Ninth Circuits decision in Kelly v. Arriba Soft, see below (Perfect 10, Inc. v. Amazon.com, Inc., No. 06-55405 (9th Cir. 12/3/07).

* Fair use. It was a fair use, not an infringement, to reproduce Grateful Dead concert posters within a book. Important factors: The Second Circuit focused on the fact that the posters were reduced to thumbnail size and reproduced within the context of a timeline. Bill Graham Archives v. Dorling Kindersley Ltd., 448 F.3d 605 (2d Cir. 2006).


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