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Re: [OM] Lycos' Legality of Thumbnail Collections

Subject: Re: [OM] Lycos' Legality of Thumbnail Collections
From: "John A. Lind" <jlind@xxxxxxxxxxx>
Date: Thu, 18 Jan 2001 18:27:04 +0000
Caveat: This is applicable only within the U.S. YMMV elsewhere in the world based on whose laws have jurisdiction.

In my wanderings to find out more about "fair use" and "unfair use" on the internet, I discovered that "ditto.com" was challenged in a Federal District Court about thumbnail use for its version of an image search engine. The court essentially rendered a decision split between the two parties. However, one of the salient aspects of the decision was the ligitimacy of their thumbnails based on use to index the images for the searcher. U.S. copyrights extend to "derivative" works if a link to the original can be shown, or it is clearly present upon examination (this keeps someone from changing a few pixels and claiming it's different). Other results of the suit appeared to be specific to the case at hand.

The logic is that a thumbnail used for indexing to aid a search is legitimate "fair use." I (and these are my words now) would look at this type of use the same as an abstract within a library catalog to aid someone searching for works in their holdings. My interpretation is thumbnails used for some purpose other than this could be construed as derivative works, and therefore not "fair use."

My problem was not really the thumbnails, or setting up a search engine to find images. As others have pointed out it's the direct link to a jpeg never intended to be viewed absent its html page, thereby stripping the full-size image of its credits, ownership and copyright notices.

Of course, another lawsuit in a different Federal District Court could render yet different logic and decision-making. To my knowlege, no court has yet stepped up to rendering a decision that would have truly widespread applicability. It's why my conclusion is the lawsuits are not yet over and that we would see them in the next few years. Firms such as Lycos will push the envelope for everything they can get until a court decision somewhere sets clear boundary lines.

What makes it even more interesting is Lycos not limiting itself to images on servers within the U.S. . . . which pushes their activities into an international arena and into whatever international treaties/laws apply beyond U.S. law.

-- John

At 20:01 1/18/01, Chris O'Neill wrote:
On 18 Jan 2001, at 14:07, Scott Nelson wrote:

> Haveta disagree. Displaying someone else's work at a degraded quality is
> not only a copyright violation but perhaps a more serious one as it
> involves actual *copying* and fails to respect the artistic integrity of
> the original.

Point taken, and I accept your point-of-view.  But I fail to see how a 1" x
1" thumbnail could be considered "art" instead of "just a button?"  I
doubt someone's gonna print-out the thumbnail, frame it, and try to sell
it.

JMHO, though.  You could be right.


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